Annex 2 to the Terms and Conditions
Rental Points Program
1 Introduction and Definitions
1.1 This Annex 2 is an integral part of the Terms and Conditions of the PreferRent.com Portal; all terms defined in the Terms and Conditions have the same meaning in Annex 2.
1.2 Reference to a “Clause” or “Section” means a reference to the relevant “Clause” or “Section” of these RP Provisions.
1.3 In addition to the Terms and Conditions, the following terms have the following meaning in this Annex 2:
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Rental Points Program |
means the loyalty program for Users of the Portal created and maintained by PreferRent. |
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RP Provisions |
means the provisions of this Annex 2. |
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Rental Points |
means units that can be collected and utilized within the Rental Points Program in accordance with the RP Provisions. The value of one Rental Point equals 1EUR (one euro). Rental Points are not electronic money or units of payment. |
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Rental Points Account |
means an account opened for a User on the Portal for registration and accounting of the Rental Points collected and utilized. |
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Sanctions |
means national sanctions - restrictions imposed in accordance with the laws and regulations of the relevant Country; and/or international sanctions - restrictions imposed in accordance with international law that have been adopted by the United Nations Organization or the European Union, or another international organization, to which the relevant Country is a member state, and which are directly applicable or introduced in the relevant Country. |
2 Participation and Rental Points Account
2.1 Only registered Users of the Portal are eligible for participation in the Rental Points Program, subject to a separate registration available online in the Portal by filling in the information and following the registration steps requested in the “Rental Points” or “Checkout” section of the Portal.
2.2 Upon registration in the Rental Points Program, a Rental Points Account is opened for each User.
2.3 Access and viewing of a Rental Points Account is available upon simple identification of a User by a phone number of the User and PIN code. The initial PIN code is developed upon registration of the User in the Rental Points Program, and afterwards can periodically be replaced by PreferRent due to safety reasons, as well as requested to be replaced by the User in case of forgetting or losing the PIN code. Utilization of the Rental Points is available subject to strong identification of a User by Smart ID or other strong identification tool supported by the Portal. The User is fully liable for keeping in secrecy and security all access codes and passwords granted to and/or created by the User for access to his/her Rental Points Account.
2.4 A User must promptly report to e-mail address info@preferrent.com of any unauthorized access or use of his/her Rental Points Account.
2.5 Each User can have only one Rental Points Account. PreferRent reserves the right to close any additional Rental Points Accounts opened for the same User. In such case all Rental Points accrued on the closed Rental Points Account shall be transferred to the surviving account.
3 Collecting of Rental Points
3.1 Rental Points are granted by PreferRent to the User upon fulfilment of all of the following conditions:
3.1.1 Reservation is confirmed through the Portal by the User;
3.1.2 Lease transaction is performed subsequent to the Reservation referred to above;
3.1.3 The Rental Company has fully transferred to PreferRent the amount corresponding to the relevant Rental Points;
3.1.4 Payment of applicable taxes by User (in case User is registered as a taxpayer and is responsible for declaring and payment of tax) on the proceeds received from the Rental Points Program.
3.2 The amount of the Rental Points granted to the User in relation to monetary amount of Equipment rental of each Reservation confirmed through the Portal, if any, is determined by the relevant Rental Company and published on the Portal as part of each offer.
3.3 A different number of Rental Points may be granted, depending on the rank held by the User (Gold, Silver or Bronze, in accordance with Annex 3).
4 Utilization of Rental Points
4.1 Rental Points registered in the Rental Points Account of a User shall be paid in cash funds to the same User or a legal entity indicated by the User pursuant to an instruction of the User submitted in the “Rental Points” section of the Portal (i.e. in the case of a legal entity, then only to the Lessee as the legal entity in the interests of which the User was acting when making the request for rent).
4.2 Only legal entities meeting all of the following criteria can be indicated by the User as recipients of payment:
4.2.1 Has valid registration in any EU or EEC member state jurisdiction and is not under liquidation, bankruptcy or similar procedure under the laws of its jurisdiction;
4.2.2 Has a bank account with IBAN in a bank registered in any EU or EEC member state jurisdiction or in the United Kingdom;
4.2.3 Is not subject to Sanctions;
4.2.4 Has completed and signed with a qualified electronic signature accepted in the Country an agreement form in the “Rental Points” section of the Portal;
4.2.5 If it has a valid value added tax (VAT) registration in any EU or EEC member state jurisdiction, it has issued to PreferRent and signed with an electronic signature a proper invoice accepted in the Country.
4.3 The minimum amount of disbursement per each request is EUR 50, except if the User terminates or is excluded from participation in the Rental Points Program.
4.4 Disbursements will be made only to bank accounts in a bank in any EU or EEC member state jurisdiction.
4.5 PreferRent shall disburse the amount requested by the User within five (5) business days after submission of the request and fulfilment of all criteria provided in Clause 4.2 (if applicable).
4.6 PreferRent is entitled to withhold from any disbursement all applicable taxes.
4.7 The User is fully liable for properly declaring of all information about the User and the legal entity to which the disbursement must be made in accordance with the User`s instruction requested in the “Rental Points” section of the Portal. PreferRent will not be liable for any tax consequences suffered by the User as a result of the User providing false information in the “Rental Points” section of the Portal.
4.8 If the receiving legal entity or User as a self-employed person is a registered VAT payer, then VAT (if applicable) shall be paid in addition to the amount equaling the value of the Rental Points being utilized.
4.9 Interbank fees and fees of the bank of the recipient shall be covered by the recipient and deducted from the distributed amount.
4.10 PreferRent bears no liability for interbank transfers and debiting of the account of the recipient.
4.11 Rental Points not requested to be utilized in disbursement of funds within twelve (12) months from their registration in the Rental Points Account expire and are deleted. Rental Points are accounted for in the Rental Points Accounts in accordance with the “first in, first out” principle.
5 Termination
5.1 A User can terminate his/her participation in the Rental Point Program any time by sending the respective application to e-mail address info@preferrent.com.
5.2 A User banned from use of the Portal, or which has voluntarily terminated his/her registration as a User, is automatically excluded from participation in the Rental Points Program and access to his/her Rental Points Account. Under such circumstances, the User can only request payment as provided for by Clause 4.1. The Rental Points will expire and be deleted if not requested within six (6) months after the ban or voluntary termination of the User.
5.3 PreferRent can immediately terminate the participation in the Rental Points Program of any User who breaches the Terms and Conditions or the RP Provisions, or unlawfully harms the rights and/or interests of PreferRent, other Users of the Portal, Lessees, or Rental Companies.
5.4 Any of the following activities shall in particular be a reason for termination of participation in the Rental Points Program:
5.4.1 Indicating or submission of false information, document or statement in any application or motion for use of the Rental Points described in Section 4.
5.4.2 Non-payment of applicable taxes by User (in case User is registered as a taxpayer and is responsible for declaring and payment of tax) on the proceeds received from the Rental Points Program;
5.4.3 Using of the Rental Points Program for fraudulent activities, money laundering, tax avoidance or other illegitimate purpose, or a purpose contrary to the aims of the Rental Points Program;
5.4.4 The User is or becomes subject to Sanctions.
5.5 The Rental Points registered on the Rental Points Account at the moment of exclusion can be used in accordance with Clause 4.1 or they may be subject to annulment in accordance with Clause 5.6.
5.6 If the participation of a User in the Rental Points Program is terminated on the basis of Clause 5.4, the Rental Points registered on the Rental Points Account at the moment of termination can be unilaterally deleted by PreferRent.
6 Representations and Disclaimers
6.1 The User, by consenting to the RP Provisions, confirms to PreferRent that:
6.1.1 The User has read and fully understands the Terms and Conditions and the RP Provisions, and is fully compliant with such;
6.1.2 All information and statements submitted by the User to the Portal are true and not misleading;
6.1.3 The User is fully eligible to obtain and utilize the Rental Points in accordance with the RP Provisions, and the User by such activity is not in breach of any applicable law, contractual duty or corporate document;
6.1.4 Except for the taxes withheld and paid on behalf of the User by PreferRent, the User undertakes to duly declare and pay all taxes which may be applicable to any proceeds paid by PreferRent to the User in relation to the Rental Points Program.
6.2 PreferRent is not liable for:
6.2.1 Payment by the Rental Companies of amounts corresponding to the Rental Points included in the relevant offer or for enforcement of such payment from the Rental Company and, consequently, granting to the User of Rental Points for which the relevant Rental Company has not made payment to PreferRent in full amount;
6.2.2 Any tax consequence applicable to the User for any proceeds paid by PreferRent to the User in relation to the Rental Points Program, except for the taxes withheld and paid on behalf of the User by PreferRent.
6.2.3 Any relationship of the User with the legal entity to which any proceeds are paid by PreferRent pursuant to instruction of the User in accordance with Clause 4.1 and 4.2., or with any other third party.
6.2.4 Illegitimate utilization of Rental Points as a result of disclosure, theft or other illegitimate obtaining by third parties of access tools to the Portal granted to or created by the User, or as a result of hacking into the Portal or any other IT systems of PreferRent, or any other fraudulent activity of third parties.