Common use of Commitments and Responsibilities Clause in Contracts

Commitments and Responsibilities. 12.1 The member will be liable for any injury or damage, including fines or loss, caused by use of the vehicle, by him/her or by others permitted by him/her, in accordance with the provisions of this contract, from the moment the vehicle is opened, the bike released, etc. until the end of the trip, including locking the vehicle. The same goes for damage or injury, including fines or loss, caused by parking the vehicle, all subject to the provisions of any law. 12.2 The use of the services and / or vehicles is the sole responsibility of the member and for his personal use only. To be clear, the member may not transfer or permit the use of his account and / or the vehicle to any third party, except for a driver that has been added to the membership, and as long as he does so (and without allowing such action) the member and third party will bear full responsibility for any injury and / or damage that has occurred. 12.3 Without derogating from the generality of the aforesaid, the member will be liable for any loss or damage which will be caused by him intentionally or by his negligence. 12.4 The member assumes responsibility for any injury, damage or loss incurred due to non-compliance with obligations under this contract and under any law. 12.5 The company and car rental: 12.5.1 Will not be liable for any damage and / or loss related to the member's use of the services and / or vehicles, or his reliance on them, or his inability to gain access to the services and / or operate and / or use them, and will not be liable for any other loss related to the member's use of the services and / or the vehicle, except as required by law. 12.5.2 Shall not be liable for any damage and / or loss and / or theft of equipment inside and / or on the vehicle. 12.5.3 Will not be liable for damage and / or direct and / or indirect injury, and any other damage caused to the member during the use of the vehicle. 12.5.4 Shall not be liable for any damage, loss and / or theft that may be caused to a third party due to the act of the member and / or the additional driver or anyone present with them. 12.5.5 Shall not be liable for damage and / or direct and / or indirect damage, and any other damage caused as a result of the unavailability of the vehicle, including due to the failure to return the vehicle on time by a member who used the vehicle beforehand. 12.5.6 Will not be liable for damage and / or direct and / or indirect damage and any other damage caused by the use of any accessory and / or feature located in the vehicle. 12.5.7 Shall not be liable for damage and / or direct and / or indirect damage and / or any other damage caused to an electric charging station or parking pole. 12.6 The membership and the membership card: 12.6.1 Both the member and the additional driver undertake to keep the membership card from harm, and to report directly to the company in case of loss of the card. 12.6.2 The card is the property of the company, it belongs to the member and / or additional driver personally and is not transferable. 12.6.3 The member will be fully responsible for any direct and / or indirect damage and any other damage caused to the vehicle from the moment the vehicle is unlocked until the termination of use and parking, including (and without limitation) liability for direct and / or indirect damage and / or other damages caused to an electric charging station or parking pole. 12.6.4 The member will be fully responsible for any use of the membership card and / or the app, including the use of the membership card and / or the app by someone other than the cardholder / another device. 12.7 The Company hereby states that it will not bear any responsibility whatsoever in connection with the presence or absence of a child safety seat in the vehicle, as well as for how it is mounted or installed or used by the member, caused due to an accident and / or wear and tear of the safety seat and / or the actual installation and use of the safety seat, as far as it is in the vehicle. The member undertakes to strictly comply with the instructions for use and installation of the safety seat, which can be found in the car manual and on the company website, and to ensure compliance with the conditions of use of the seat in accordance with the weight and age of the child, as specified in the seat manual and in accordance with the law. Furthermore, the company will not be liable for damage - including unintentional or indirect damage - resulting from the use of the safety seat or the inability to use it.