Please, read the Rental Agreement carefully. Rental Agreement regulates the relationship between you and Qari and includes regulations that are binding to comply with.
Apart from the present Rental Agreement, no additional agreement will be concluded with the customer that will regulate the Moped rental.
1. Definition of terms;
1.2. Rental Agreement - this agreement on the rent of a moped concluded between the Rider and Mercury LLC;
1.4. Customer/Rider - an individual above the age of 18 registered in the App, also, authorized rider defined under the Insurance Agreement;
1.5. Qari - a trademark of Mercury LLC, registered with the National Intellectual Property Center of Sakpatenti and operated by Mercury LLC. Mercury LLC is referred to as Qari in the Agreement;
1.6. App - Moped sharing application available in the Google Play and Apple App Store. The App is mobile compatible. The Rider can receive the services provided by the Rental Agreement from Qari through the App;
1.7. Moped - an electric Moped offered for sharing by Qari to the Rider through the App;
1.8. Cost/Price- the price of rent;
1.9. Fine - the amount prescribed in the Rental Agreement for violation of the terms of the agreement, which is imposed as a penalty on the Rider and deducted from the card indicated in the App;
1.10. Services - Services for the purposes of this Agreement include services that the Rider receives through Qari App; in particular, the Services include the use of the App itself, the rental of Mopeds, as well as the rental of Moped accessories, and Qari technical personnel;
1.11. Registration - Registration of the Rider in the App by phone number and e-mail;
1.12. Verification - The procedure of validation the Rider’s driving license registered in the App performed by veriff.com. Also, manual activation of the Rider’s account by ID card after Qari trainings;
1.13. Authorized Rider - a Rider who is registered and verified in the App;
1.14. Driving license - a document issued by the relevant authority certifying that the holder of this document has the right to drive the vehicle indicated in the document;
1.15. Restricted zone/zones - the area where driving of the Moped is prohibited. Restricted areas are marked in red on the map. The map is available in App and on the website.
1.16. Ending zone/zones – the area where the Rider is entitled to end the ride. Ending zones are marked in green on the map.
1.17. Riding Zone – the area where the Rider is entitled to ride the Moped. Riding zones are marked in white on the map.
1.18. Pausing – pausing of the ride or parking of the moped temporarily;
1.19. Personal Information - Information as defined by the Law on Personal Data Protection.
1.20. Website - https://qari.eco
1.21. Insurance Agreement – Insurance Agreement on Civil liability insurance formed between LLC Mercury and JSC Insurance Company Euroins dated April 01, 2021;
1.22. Insurer – JSC Insurance Company Euroins Georgia;
1.23. Damages Third Party – Individual who suffered damages due to the insurance event caused by the ride of the Moped stipulated in the insurance policy. The Rider himself/herself is not the Third Party.
1.24. Insurance Event/Insured Event – damages to the life, health and property of the Third Party inflicted by the Rider by riding insured Moped.
2. Subject of rent;
2.1. Qari provides Mopeds for rental, while the Rider rents the Moped and the two helmets placed in the helmet case through the App. Only Qari and the Rider are parties of the Rental Agreement.
2.2. The Rider solely rents the Moped and therefore is solely responsible for the fulfillment and breach of the obligations under the Rental Agreement.
2.3. The Rider may rent the Moped only via the App, only after successfully completing the registration and verification procedures in the App.
2.4. Mopeds are the property of Qari and neither this agreement nor the rental of Mopeds by the App may be construed as a transfer of ownership title to the Rider. This rule applies to the Moped itself, as well as to any other additional items that are rented with the Moped or are part of the Moped.
2.5. The Rider is obliged to pay the cost of the rental to Qari, which is calculated in accordance with the rules set forth in this Rental Agreement.
3.1. The Rider must meet the following prerequisites in order to rent the Moped:
- The Rider must be at least 18 years old;
- The Rider must download the App;
- The Rider must register in the application and complete the verification procedure;
3.3. By registering in the App, the Rider confirms that he/she has read and agrees to the terms of the Agreement.
3.4. The Rider is obliged to comply with the rental prerequisites while registering in the App and for the entire rental period. The Rider is solely responsible for violation of these preconditions.
3.5. The Rider is required to use the Moped personally and to ensure that third parties will not have an access or possibility to use the Moped. Qari is exempt from the liability if third parties use the Rider’s authorized profile. Liability for any damages that may be incurred by third party use of the Moped shall be borne by the authorized Rider who activated the Moped.
4. Registration in the App;
4.1. The Rider must download the App in order to register in the App.
4.2. Downloading the App and registration is free of charge.
4.3. The Rider must fill in the application form and follow the steps indicated below in order to register in the App:
- Indicate the phone number;
- Enter the code received on the phone number;
- Review and agree to the use of his/her personal information for direct marketing purposes, receiving promos and offers by email. Acceptance of this offer is not mandatory for registration;
- Indicate his/her full name in the application;
- After entering the first and last name, the Rider has open access to the map and is able to view the zones and Mopeds available for rental;
- Enter the payment card details, which will be used for payment of the rental cost purposes;
- Registration is completed by entering the payment card details;
4.4. The Rider is obliged not to transfer the App authorization information to a third party. Otherwise, the liability for any damages occurred, the cost of rent is fully borne by the Rider.
4.5. Registration for more than once with the same driving license is prohibited in order to avoid duplication of the profiles.
5.1. The Rider is required to complete verification procedure in order to rent the Moped;
5.2. Verification is free of charge.
5.3. Verification is possible with a driver's license or, in the absence of a driver's license, with an ID card after successfully passing Qari’s special Moped driving training.
5.4. To verify the driver's license, the Rider must go through the following steps:
- Mark “verification” in the App;
- Follow instructions in the App;
- The App redirects the Rider to the veriff.com website, where the Rider must upload photos of the front and back of the driver's license. The Rider must take selfie through the Veriff platform, in accordance with the instructions provided;
- If the photos taken by the Rider are insufficient for the verification procedure, Veriff platform will notify the Rider and redirect him to the beginning of the verification process;
- During 10 seconds after uploading the photos, veriff.com checks the compliance with the uploaded photos and an individual and makes one of the following decisions:
a) Positive - a positive decision for verification. Uploaded driver's license and the Rider’s photo match;
b) Negative - negative decision for verification. The uploaded driver's license does not match the Rider's photo;
c) Is under consideration - in such a case Qari is authorized to review the verification session itself and make a final decision.
- The verification process is completed with a positive decision issued by veriff.com;
- The Rider will receive a notification about the successful completion of the verification in the e-mail specified in the App;
5.6. The Rider must go through the following steps in order to receive manual verification from Qari:
- Register for the Qari Moped driving trainings;
- Pass Moped driving training with a Qari instructor;
- Upon successful completion of the training, Qari manually registers the Rider with an ID card in the App and gives him / her the authorization;
5.7. The Rider is entitled to use Qari Mopeds only after receiving a positive notification about the verification.
5.8. In case the Rider fails to complete the registration or verification process due to a technical problem, the Rider is entitled to contact Qari through the App or by email.
5.9. The data provided by the Rider during the registration and verification process – the first and last name, e-mail, ID card, driver's license, phone number must be correct and active. The Rider is liabile for any damages that may be incurred as a result of providing incorrect information.
5.10. If the Rider suspects that his/her profile is being used by another person, the Rider is obliged to notify Qari immediately.
6. Comencement of the agreement;
6.1. The Rider must read this Agreement while registering in the Application. The Rider confirms that has read and agrees to the Agreement by marking relevant box. Such consent is deemed as written consent and constitutes as the signature of the Rider on the Agreement.
6.2. The Agreement enters into force from the moment of the Rider’s registration in the App.
7. Statements and guarantees of the parties;
7.1. Qari declares and guarantees that:
- Qari is the sole owner of the Moped;
7.2. Rider declares and guarantees that:
- is 18 years old or older;
- Is aware of the rules of driving the Moped, is competent and has the necessary skills to drive the Moped;
- Has read the terms of the Agreement and insurance conditions, Insurance Agreement in a language and form that the Rider understands, confirms that the Rider agrees to the terms set forth in the Agreement;
- Has read the safety rules specified in the App, the rules of unlocking and using the Moped, agrees with them and is ready to fully and inviolately follow them;
- Will use the Moped in good faith, take care of it, will not cause damage and will take all necessary measures to prevent damage;
- The Rider solely rents the Moped and is personally responsible for compliance with all terms and conditions set forth in the Agreement;
- Is aware of the fact that when unlocking a Moped, the Rider must ride it personally, only himself/herself;
- By making a decision about driving a Moped, he/she takes responsibility and risks in case of injury or damage to health;
- Is aware of the fact that environmental conditions such as rain, fog, snow, ice, hail, heat can affect the ride. Takes responsibility for any material or intangible consequences upon the commencement of the ride in spite of these conditions;
- Recognizes that the Moped and any additional equipment attached to it is the property of Qari;
- Agrees to use the Moped considering the zones indicated by Qari, to park in the Ending Zone, not to ride in the Restricted Zone;
- Realizes that he/she is riding the Moped personally and, consequently, bears all responsibility for violation of the traffic rules;
- Entitles Qari to deduct any charges (costs under the Agreement, fines, compensation for damages for violation of the terms of the Agreement) from the card indicated in the App;
- Is aware that transfer or heavy weight by Moped is prohibited;
- Is aware that the Moped operates with charged battery. Driving of the Moped reduces the battery;
- Knows the traffic rules and undertakes to obey and follow such rules;
- Has read insurance conditions and undertakes obligations of the Rider, is obliged to fully and properly fulfill obligations set forth in the Insurance Agreement and conditions;
7.3. The statements and warranties of the parties are binding provisions and their violation constitutes a violation of the essential terms of the agreement. Qari is entitled to impose fines for violation of any statement or guarantee. Violation of any terms of the guarantee entitles the other party to claim compensation for occurred damage and terminate the agreement unilaterally.
8. Start of the ride;
8.1. The Rider can rent the Moped only via the App.
8.2. The rental process (the Ride) involves activation of the Moped with the App by the Rider, the ride, and ending of the ride.
8.3. The Rider must have a mobile phone with the App and driver license/ID card in order to start a ride.
8.4. To rent a moped a rider has to:
- Find and book the Moped on the map through the App;
- Scan the QR code on the Moped to activate the Moped;
- After scanning the QR code on the Moped, press "Start Riding", pressing this button will open the helmet case. The ride commences from the moment the helmet case is opened;
- Check the condition of the Moped, whether the Moped has any damage. In case of damage, the Rider is obliged to mark the damaged part and enter the details of the damage in the App. If the Rider does not enter the details of the damage, it is assumed that the Moped was rented without any damage; hence, the Rider is responsible for any damage that is present by the end of the ride and was not marked at the beginning of the ride. Qari is entitled to impose penalty in the amount of 150 Gel for such damages;
- Put on disposable medi-cap for hygienic safety and the helmet placed in the helmet case. Two helmets should be found in the helmet case of the Moped. In case of absence of helmets, the Rider must notify Qari through the App. In case of absence of such notice, it is assumed that the Rider hired a moped with two helmets. Consequently, the responsibility for losing the helmet at the end of the ride will fall entirely on the Rider; Qari is entitled to impose fine in the amount of 300 Gel for missing helmet;
- Move the Moped from the stand and press “start” button and do not let go until the screen reads “Ready.”
9. Ending the ride;
9.1. The Rider is obliged to make sure that the Moped is parked in the Ending Zone before the end of the ride. In the event of completion of the ride outside the Ending zone, Qari is authorized to charge the rider with a fine considering the distance between the Moped and the Ending zone. The minimum amount of such fine is 200 GEL, and the maximum is 500 GEL.
9.2. To complete the ride, the Rider is obliged to:
- Drive the Moped to the Ending Zone;
- Place the Moped on the stand;
- Place both helmets and other accessories in the helmet case;
- Lock the helmet case and make sure that the helmet case is locked;
- Mark the end of the ride in the App and follow the instructions indicated in the App;
9.3. The Rider who abandons the Moped and misses any stage of ending the ride, will be fined in the amount of GEL 200.
9.4. The Rider is obliged to leave the moped in an orderly and clean condition. Qari will impose a fine of 20 Gel for pollution of the moped.
10.1. It is forbidden to ride the Moped without a helmet. Qari is not responsible and the Rider himself is responsible for any damage caused while riding the Moped without a helmet, including an administrative fine or physical damage to the Rider.
10.2. The Rider will be fined under the Code of Administrative Offenses for riding without a helmet.
10.3. In case the Rider losses the helmet, Qari shall impose fine in the amount of 300 GEL.
10.4. In case the Rider takes the helmet with him/her after the end of the ride, Qari is entitled to impose a fine in the amount of 3 Gel per hour before the helmet is returned. If the Rider avoids the obligation of returning the helmet, the Rider will be fined in the amount of 300 GEL. Qari is entitled to suspend the Rider’s account.
10.5. Qari is exempt from liability if the Rider rides the Moped without a helmet. Qari ensures that the helmets are available in the Moped. In case of absence of helmets, the Rider is obliged to report it to Qari and do not ride the Moped without the helmet.
10.6. In case of any problem in booking the Moped, starting or ending a ride, the Rider should contact Qari to eliminate the problem and do not attempt to rectify the problem on their own. The Rider is responsible for any modifications made to the Moped.
10.7. In case the Moped is damaged, broken, has missing parts, the Rider is obliged to report about the damage.
10.8. If the Moped is unstable during the ride, has any other problems that prevents the Rider during the ride, the Rider is obliged to immediately stop using the Moped, park the Moped in the Ending Zone and report such damage to Qari.
10.9. The Rider is obliged to plan the ride considering battery status of the chosen Moped. Qari is not responsible if the Moped runs out of battery before reaching the destination.
10.10. The battery decreases during the ride, it is affected by various circumstances such as road conditions, weather. The Rider is obliged to take these circumstances into account before starting the ride.
10.11. Qari Mopeds are electric and Qari ensures their charging. The Rider is obliged to pay attention to the control screen and ensure that the Moped will not be outside the operation zone without charged battery. In case the Moped run out of the battery outside of the operating zones, the Rider will be fined in the amount of 100 Gel for returning the Moped.
10.12. The Rider should not try to charge the Moped. In such case, all risks, damages, responsibilities, obligations that may be caused by charging the Moped are transferred to the Rider.
10.13. Considering the nature of the ride, the Rider must take additional safety or precautionary measures that are not specified in this Agreement.
10.14. The Rider musts return the Moped in the same condition as it was at the start of the rent.
10.15. The Rider must ensure that his/her mobile phone will be charged during the ride and will be able to complete the ride. In case the Rider’s mobile phone is turned off before the end of the ride, the Rider is obliged to contact Qari at the earliest opportunity and inform the ride details.
10.16. The Rider is obliged to cooperate with Qari to clarify the details of any incident, disputed case, to provide with complete and exhaustive information, to report to Qari office, to take part in the survey.
10.17. The Rider takes responsibility for keeping the Moped clean, not trying to modify it.
10.18. The Rider is obliged to take care of personal belongings and dot not leave them on the Moped after the end of the ride. Qari is not liable if the Rider has left his/ personal belongings in the Moped.
11. Traffic rules;
11.1. The Rider is obliged to follow and obey the traffic rules at any time while using the Moped.
11.2. When driving the Moped, the Rider is obliged to ride on the road so that all wheels of the vehicle touch the road surface.
11.3. The Rider moving on a bicycle lane, crossing at the intersection of this road shall be guided by the colored light signals of a traffic light designed to regulate bicycle traffic.
11.4. The Rider, in the absence special lanes or paths intended for mopeds may use appropriately designed one-way traffic roadside, unless it creates obstructions for other road users.
11.5. Mopeds may ride in two lines in a proceeding traffic lane.
11.6. In a populated or uninhabited area, the movement of a moped is allowed at a speed of not more than 45 km/h.
11.7. Moped riders my bypass stopped or slowly moving vehicles on the right if there is sufficient space to perform such maneuver.
11.8. Mopeds may be parked on the edges of pavements adjacent to carriageways provided they do not obstruct pedestrians.
11.9. Movement of mopeds is prohibited on the highway, at the entrance and exit of the highway.
11.10. In the presence of a bicycle lane, the Rider is prohibited from riding on the carriageway, beyond the lane. It is allowed to move on the Moped road, only in one line on the right lane of the road, and on the side - if it does not impede the movement of pedestrians.
11.11. Movement on the sidewalk by Moped is prohibited.
11.12. Riders are allowed to ride in columns. In case of movement of moped convoys on the roadway, they should be divided into groups, but not more than 10 units per group. The distance between the groups should be 80-100 meters to facilitate overtaking.
11.13. The rider is prohibited to turn left or turn on the road where there is more than one lane for movement in the opposite direction.
11.14. At an unregulated intersection of a bicycle lane with an off-road vehicle, the Rider must give way to drivers of vehicles driving on that road.
11.15. The Rider is prohibited from riding if he/she does not hold the steering wheel with at least one hand. It is prohibited to tow a moped, or to tow another vehicle with the said vehicle, or to transport cargo that is more than 0.5 meters in width or length outside the dimensions, or to move / drop an object that may impede the Rider from riding or endangering the movement.
11.16. Moped user is obliged to comply with the law of Georgia on traffic.
11.17. This article provides information on Moped-related provisions of the Traffic Law. In the event of an amendment to the Traffic Law that is not reflected in this Agreement, the Rider is obliged to follow and comply with applicable law.
11.18. The Rider will be imposed the fine for violation of traffic rules under the Code of Administrative Offences. Qari is entitled to suspend account of such Rider.
12.1. It is forbidden to ride with a child under 12 years old.
12.2. Do not use your mobile phone or other device while riding the Moped, as this may distract you from riding safely.
12.3. Driving the Moped under the influence of alcohol, drugs, medications or other substances that may restrict the ability to drive the Moped safely is prohibited. In such case Qari is entitled to fine the Rider in the amount of 500 Gel.
12.4. It is forbidden to park the Moped in restricted parking lots, privately owned areas or in areas that are closed and not accessible to public. Parking of mopeds is allowed only in the Ending Zone.
12.5. It is forbidden to use the Moped in a Restricted Zone.
12.6. It is forbidden to participate in races or any sporting events with the Mopeds.
12.7. It is forbidden to transfer the Moped to another person for a fee or free of charge. In case the Rider hands over the Moped to a third party, the Rider will be fined in the amount of 500 GEL.
12.8. Arbitrary charging of the Moped is prohibited, if the battery is running out, the Rider must end the ride.
12.9. It is forbidden to carry heavy weight with the Moped. The Moped can carry a maximum of 180 kilograms including the Rider.
12.10. The Rider is solely and fully responsible for any kind of damages that were inflicted as the result of violation above mentioned prohibitions.
13. Cancelation of the account;
13.1. The Rider is entitled to terminate the Rental Agreement by terminating the use of the Service.
13.2. The Rider should contact Qari in order to cancel the account.
13.3. Qari makes the decision to cancel the account based on the Rider's account balance.
13.3.1. In case the Rider has a negative balance and the monetary liability is indicated in the App (cost of the rent, penalty, fine), the account cannot be canceled until the liability is fully paid.
13.3.2. After covering the negative balance, Qari is entitled to cancel the account within one week.
13.4. In case the Rider fails to fulfill any obligation under the Agreement, guarantees, Qari is entitled to suspend or cancel authorized account of the Rider, suspend Rider’s access to the moped.
14. Pausing the ride;
14.1. The Rider is obliged to park the Moped only in the parking zone allowed by Tbilisi City Hall.
14.2. Ending zones are marked on a map posted on the website and in the App.
14.3. The Rider must consider other passengers while ending the ride and must not interfere with the drivers of other vehicles, pedestrians, Scroll or bicycles.
14.4. In case the Rider parks the Moped with violation of the parking rules, the rider will be fined in the amount of 200 Gel.
14.5. The Rider has the option to activate the pausing mode and temporarily pause the ride. The Rider’s booking is active in the pausing mode; however, the helmet case is locked and the Moped alarm is activated. The Rider shall choose continue the ride in order to activate the Moped.
14.6. The Rider must obey parking rules in case of pausing the ride. In case the Rider incorrectly parks the Moped in pausing mode, the Rider will be fined in the amount of 50 Gel.
14.7. For violation of any parking rule, the Rider is subject to the fines under the Code of Administrative Offences by the police.
15.1. The Rider communicates with Qari using the chat in the App or contact us via Qari e-mail - email@example.com
15.2. Notifications sent to the Rider are deemed as delivered and are mutually binding from the moment the message is sent.
15.3. The Rider must indicate valid contact information in the App. In the event of a change of contact information, the Rider should reflect the change in the App. Otherwise, the information provided in the App will be considered valid.
16. Validity of the agreement;
The Rental Agreement is considered concluded from the moment of registration in the App and is valid for an indefinite period.
17. Rates of rental;
17.1. The cost of renting the Moped is calculated according to the duration of the ride.
17.2. The price of the rent is calculated for the moment of pressing the end of the ride button and covers the period from the ride activation to its end.
17.3. The Rider may use the Moped in accordance with the prices indicated in Qari App, that may include ride start fee and price of the rental. Detailed information on the prices is available in Qari App. The Rider is obliged to review prices in Qari App, before renting the Moped.
17.4. Rates of rental could be changed over time. Information about new rates and fees will be available in Qari App.
17.5. Qari is authorized to offer promo codes and service packages to riders.
18. Rules of Payment;
18.1. The Rider pays the price of the rent as soon as the ride is completed. The price of the rent is deducted from the card indicated in the App by the Rider after the end of the ride.
18.2. By entering the card details in the App, the Rider authorizes Qari to deduct any payments incurred by the Rider under this Agreement due to violation of the Agreement or violation of the legislation of Georgia from the card. Payments include fines imposed by Qari as well as fines imposed by state authorities. Consent to this Agreement should be considered as consent to deduct fines, for which Qari does not need an additional agreement with the Rider.
18.3. In case the amount cannot be deducted from the card indicated in the App, the relevant payments will be recorded on the negative balance in the Rider’s account and will be automatically deducted when the new card details are indicated. The Rider with a negative balance will not be able to activate the Moped.
18.4. Qari is authorized to repeat a charge that has not been successfully completed using all payment methods specified in the App.
18.5. If the Rider does not agree to the payment proceeded by Qari, the Rider is entitled to contact Qari via e-mail within 10 working days of such charge. The Rider must indicate the claim in such request. Qari will review the request within 14 days and then notify the position in writing.
19. Availability of Mopeds;
19.1. Qari is not responsible for the compatibility of the Rider's mobile device and the App.
19.2. The Rider is obliged to make sure before the ride that the Moped has sufficient battery and the Rider will be able to return to the Ending zone.
19.3. The Rider sees available Mopeds in the App.
19.4. The Rider is obliged to activate and book the Moped when the Rider intends to rent it.
19.5. The Rider is authorized to use Mopeds that are not booked or activated by other riders.
19.6. Qari has access to the location of the Moped to determine its location, safety, inspection and control.
19.7. Qari is authorized, on sole discretion to suspend the Rider’s access to the App.
19.8. The Rider agrees to the fact that Mopeds may not be available 24 hours a day, 7 days a week and 365 days a year. The number of Mopeds is limited, they are located in specific places and their availability is not always guaranteed.
19.9. In order to register in the App, to start or end the ride, it is necessary to have an active internet connection. The Rider himself is responsible for the constant availability of the Internet and the costs incurred by the use of the Internet. Qari does not take responsibility for cases where the ride was disrupted due to inaccessibility of internet, as well as due to malfunction of mobile device or an empty battery. The Rider is responsible for all such expenses. Qari is entitled to charge the Rider the actual cost of the rent in the event of such a delay until the actual end of the ride.
20.1. The Rider must inform Qari, police and Insurer in case of any road accident, accident, damage, theft, loss, regardless of whether the damage is visible visually or whether the Moped is moving. It is prohibited to continue the ride after such incident.
20.2. In the event of an accident, the Rider is obliged to immediately inform the police and the Insurer about the incident. Also, contact Qari, follow any instructions given by them and do not leave the place of the accident and the Moped carelessly. If the Rider breaches this obligation, Qari is entitled to claim damages occured from the Rider.
20.3. Qari and the Rider are obliged to cooperate with law enforcement authorities and the Insurer, provide with any necessary information, and obey their instructions.
20.4. If the same authorized Rider caused damage to the Moped three or more times, Qari is entitiled to terminate the access of the Rider to the account and to request compensation for any damages occurred.
20.5. The Rider must inform Qari about any light or substantial damage of the Moped. The Rider is obliged to stop the ride and park in a safe place. In case the Rider avoids notification of the damage, a fine in the amount of 150 GEL will be imposed.
21. Termination of the agreement;
21.1. Qari is entitled at any time, unilaterally, voluntarily, without the consent of the Rider, terminate the Rider’s access to the App at sole discretion, the Rider may terminate the use of the App at any time and delete the App.
21.2. In case of non-fulfillment of obligations under the agreement or legislation by the Rider, Qari is entitled to terminate the agreement.
21.3. The Rider is entitled to terminate the Agreement by revoking the authorization in the App. The Rider must apply to Qari, pay negative balance indicated in the account.
21.4. Qari is entitled to terminate the Agreement at any time by notification. This does not limit Qari to demand fulfillment of all existing obligations as of the date of termination.
22. Personal information;
22.1. The App collects personal information of the Rider.
22.2. During registration and verification procedures of the App, the Rider agrees that Qari will receive, process and store the personal data.
22.3. The App processes the following personal data:
- Telephone number;
- Name, surname;
- Bank card data;
- Personal number;
- Driving license (is processed by Veriff)
- ID card (is processed only in case of manual verification);
- Information about the location of the Moped;
The information provided during registration is protected by Qari, as well as by Qari partner companies.
22.4. Consent expressed in Qari App is defined as written consent to the right to process personal information.
23.1. The Rider is liable for any fines, material damage that will occur as a result of violation of traffic rules.
23.2. The Rider is liable for any grievances, claims, lawsuits, losses, costs, fines related to a stolen or lost Moped.
23.3. The Rider is aware of and agrees that Qari is authorized to cooperate with law enforcement authorities, the Insurer and, at their request, provide information about the Rider indicated in the App, which may be requested by law enforcement authorities or by the Insurer in order to inspect details of the investigation or insured events. The transmission of such information does not require additional consent of the Rider.
23.4. The Rider is liable for any damages incurred, including the damage caused by an unauthorized person, as well as any damages incurred by the Rider.
24. Exclusion of liability;
24.1. The Rider is not responsible for the normal wear and tear of the Moped.
24.2. Qari is not responsible for the compatibility of the App with mobile devices. Qari is exempt from any liability in case it is impossible to complete the ride due to the expiration of the mobile phone battery, the malfunction of the Internet connection. The Rider is fully responsible to ensure compatibility and charged battery of his mobile phone to activate the Moped and complete the ride. Qari is entitled to charge the Rider all costs, including the price of rent, before the actual end of the ride.
24.3. Qari is not responsible for the condition of the roads in the operational zone, nor does Qari guarantee that the Moped movement routes will always be safe. Roads can become dangerous due to weather conditions, traffic, limited visibility and other additional conditions.
24.4. The Rider agrees to fully release Qari (Qari employees and contractors) of liability, to protect it from third party claims and to prevent damages, to protect them from grievances, lawsuits which may be caused by negligence, breach of agreement, breach of warranty. A claim includes any claim, injury, claim, liability, subject matter of dispute, claim obligation, debt, penalty, expense, damage (including personal injury, death, damage to health and property).
24.5. The Rider is always solely responsible for the safe operation of the Moped.
25. Lost and stolen Moped;
25.1. The Moped will be considered lost or stolen if:
- The Rider did not return the Moped to the operating zone within 24 hours;
- GPS system is off;
- Other circumstances that give rise to a reasonable suspicion that the Moped is under unauthorized use;
25.2. The Rider of the activated Moped is responsible for the loss or theft of the Moped. If Qari has a reasonable suspicion that the Moped has been stolen, Qari is empowered to apply all measures it deems appropriate. Including to return the Moped, apply to law enforcement, seek appropriate compensation for damages, and impose a fine on the Rider.
25.3. Qari is authorized to perform any action permitted by law to eliminate theft and loss, including notifying the police, calling the police, reporting, initiating a case and providing information to the police.
25.4. The Rider is obliged to immediately notify Qari about the disappearance or theft of the Moped. The Rider confirms that the data generated in the App is credible evidence of Moped use by the Rider.
26. The right to an image;
26.1. The Rider agrees and gives Qari the right to use at any time, without limitation, the image and sound of the Rider recorded on photographs, videos and other recordings for advertising, promotional and other commercial purposes in all formats and means, without the need for additional consent.
26.2. By agreeing to this Agreement, the Rider agrees that the copyright to his image recorded with the Mopeds is Qari. Qari is authorized to exhibit, disseminate, modify, process such images. Rider relinquishes all rights to such images and fully transmits them to Qari.
27.1. Insurance agreement, formed between Qari and the Insurer, insures damages inflicted to the Third Party during the Moped rental by the Rider due to the Insured Event. Insured Events solely occurred in the Riding zone are subject to insurance compensation.
27.2. Insurance compensation shall be issued for:
27.2.1. expedient expenses preliminarily agreed with the Insurer in written form paid to reduce damages or save health/life and/or property of the injured Third Party.
27.2.2. Expenses related to the claims of the Third Party in court or without court, as well as costs for determining the circumstances of the Insurance Event and the amount of damages, if they were agreed in writing with the Insurer;
27.2.3. Compensation to be paid to the Third Party on the basis of a court decision that has entered into legal force;
27.2.4. Compensation for damages inflicted to the Third Party without a court decision, if the amount of such compensation is agreed in writing with the Insurer and if the Third Party confirms in writing that he/she has no further claim in the insurance case.
27.3. Events prescribed bellow will not be considered as Insurance Event and are not subject to compensation:
27.3.1. Claims of compensation of the damages that contradict with the applicable legislation;
27.3.2. Death of the insured/beneficiary, the Rider or their relatives or damages inflicted to their health and property;
27.3.3. Damages/destruction of the Moped;
27.3.4. Liability arising from any other contract, agreement of the insured person;
27.3.5. Compensation paid to the Third Party, liability assumed or recognized before the Third Party, if this happened without the written consent of the Insurer;
27.3.6. Deterioration of health condition / death of the Third Party or damages to his/her property, if such case arises after 12 calendar months from the moment of the accident;
27.3.7. Claims for damages that occurred when the Rider was intoxicated with alcohol, drugs or psychotropic substances and / or was caused by such condition;
27.3.8. Damages caused by intent or gross negligence of Qari or the Rider;
27.3.9. Intentional, dishonest or criminal act of the Rider or other persons, as well as damage / loss caused by falsification of information / documentation;
27.3.10. Claim for damages is caused or worsened by Moped malfunction with damages that occurred prior to the Insured Event;
27.3.11. Claims for the damages that occurs outside of insured territory – Riding zone;
27.3.12. Claims for the damages that are caused by natural disasters;
27.3.13. Any claim for the damages caused by war or hostilities, whether declared war or not, by civil war, strike, riot, unrests, the actions of military formations or terrorists, by decree of state authorities;
27.3.14. Any event, when Qari or the Rider violated any condition of the Insurance Agreement;
27.3.15. Any case in the event of which the terms of payment of the insurance premium are violated;
27.3.16. Damage caused by the Rider driving Moped outside the "traffic lane".
27.3.17. Damage / loss caused by the Rider with non-compliance / violation of the requirements of the Law of Georgia on Traffic, including violation of Article 43 (including violation of the requirement to drive with a special helmet);
27.3.18. Cases when the Insurer / Beneficiary refuses to transfer the right of subrogation against the Rider or a third party liable for the damage to the Insurer or if such right has become impossible to exercise by the action of the Insurer / Beneficiary;
27.4. In case of the Insurance Event the Rider is obliged to:
27.4.1. Take all precaution measures to avoid losses or damages;
27.4.2. Contact the police, insurer and Qari immediately after the Insured Event occurs, take photos of the accident and damaged vehicles, and follow the instructions given by Qari, Insurer and Police.
27.4.3. Do not displace the Moped from the scene of the accident until the arrival of the representative of the Insurer and the police, in order to preserve the original appearance of the accident, in case of violation of this condition, the insurer is entitled to refuse compensation.
27.4.4. In agreement with the Insurer, to preserve the scene of the accident in its original condition, before the Insurer inspects and photographs it, unless this is impossible for objective reasons;
27.4.5. Collaborate with Qari, police and the Insurer. Provide them with any requested information related to the investigation, as well as the payment of appropriate compensation as a result of the Insured Event; To this end, appear at the survey, draw up relevant protocols, statements and follow the instructions issued by Qari, the Insurer or police;
27.4.6. If necessary, delegate to the Insurer or a person designated by the Insurer the right to represent the Rider in court with all procedural rights, including the right to acknowledge liability for property claims (recognition of the claim) and the right to settle, negotiate with third parties and their representatives.
27.5. The Rider agrees and gives consent that, in case of Insured Event, Qari is entitled to disclose personal information of the Rider to the Insurer without additional consent of the Rider. Such information may include the following details related to the Insured Event and the Rider who participated in such event - the probable period, time and place of the damage, the probable causes, the nature of the damage, the Rider’s data, name, personal / identification data, names and addresses of persons involved in the event, as well as other additional, reasonable information requested by the Insurer in connection with the case;
27.6. The Rider will be fully liable in case the Insurer refuses to issue the insurance compensation and such refusal was caused by a breach of any provision of the Insurance Agreement, prohibitions or obligations set forth above and under the terms of the Agreement by the Rider.
27.7. If the insurance risks were increased by intentional actions of the Rider, the Insurer is entitled to cancel insurance policy, without repayment of insurance premium. The Rider is liable for any damages that were result of such cancellation.
27.8. Qari is gradually insuring Mopeds located in the city. Consequently, it is possible that Insurance Event happens for the Moped that is not insured for the moment of such event. In this case, accident will be regulated under general regulation of Georgian legislation considering fault of the Rider.
27.9. The Rider shall review the Insurance Agreement fully on the following link - https://euroins.ge/storage/985/Moped.pdf
27. Disputes and applicable law;
27.1. Any dispute arising out of the Rental Agreement or the App Service shall be settled by negotiation.
27.2. The Rider is entitled to address Qari by e-mail, provide information about the request, express the claim. The parties will make every effort to resolve any dispute and conclude the negotiations with a result acceptable to both parties.
27.3. In case of failure to reach an agreement, claim should be submitted to Tbilisi City Court, applicable law shall be law of Georgia.
28. Amendment of the agreement;
28.1. Qari is entitled to amend this Rental Agreement unilaterally.
28.2. The amended Agreement will be posted on the website. By the activation of the Moped rider confirms that he / she has read and agrees to the changes of the Agreement.
29. Force Majeure;
29.1. Both parties to the agreement are released from liability for non-performance of obligations if the reason for this failure is a force majeure. Force majeure is a circumstance which was impossible to foresee in advance by the parties and due to the existence of which it becomes impossible to fulfill the obligations.
29.2. Natural disasters, war, civil riot, strike, lockout, mass riot, terrorist act, hostilities, state of emergency, epidemic, pandemic, economic embargo, legal acts issued by the executive and legislature can be considered as force majeure.
29.3. Force majeure must be confirmed by the competent authority. Such confirmation is not mandatory if the force majeure is well-known fact.
29.4. In the event of the occurrence of force majeure, the party who fails to fulfill the obligations under the agreement is obliged to immediately notify the other party. In case the force majeure lasts for more than 1 month, the parties can change the agreement or terminate it.
29.5. As soon as the force majeure circumstances are eliminated, the parties continue to fulfill their obligations under the agreement.
30. General Provisions.
The Agreement is written in Georgian. An English version is also available on the website. In case of any discrepancies between the translations, the Georgian version shall prevail.