SUBSCRIPTION AGREEMENT FOR CAR WASH SERVICES

Agreement renewal date 

21/05/2025

 

PRO BRO EXPRESS SUBSCRIPTION AGREEMENT FOR CAR WASH SERVICES:

GENERAL PROVISIONS

 

  1. DEFINITIONS

     

1.1. Subscription means the right acquired by the Customer to use the Services for the term and under the conditions outlined herein. The duration of the Subscription shall be calculated in calendar months, where a month is considered to have 30 calendar days. The Subscription shall be automatically renewed for the same period, for which it was purchased, for an unlimited number of times in accordance with the procedure established hereunder. The specific duration in months of a particular Subscription from among the different Subscriptions offered by the Company shall be chosen by the Customer at the time of purchase (e.g., by purchasing a Subscription for one (1) month (30 calendar days), three (3) months (90 calendar days), six (6) months (180 calendar days) or 12 months (360 calendar days), or any other Subscription period offered by the Company). 

1.2. Subscription Fee means the amount payable by the Customer for the use of the Services during the Accounting Period.  

1.3. Accounting Period means a Subscription for a specific period offered by the Company and selected by the Customer from the different Subscriptions offered by the Company, where a 1-month Subscription is considered to consist of 30 calendar days and the number of months of the Subscriptions selected by the Customer is multiplied by 30 calendar days (for example, a 3-month Accounting Period for a Subscription is 90 calendar days or a 6-month Accounting Period for a Subscription is 180 calendar days or a 12-month Accounting Period for a Subscription is 360 days). The Accounting Period shall be calculated from the date of purchase (activation) of the Subscription (inclusive) until 23:59 on the last day of the validity period and, if extended, the next subsequent period of the same duration. The additional terms and conditions for calculating the Interior Cleaning Subscription Accounting Period are set out herein.

1.4. Company means UAB “Švaros broliai”, legal entity code 122538045, VAT identification number LT225380417, registered office address Senosios Pilaitės kel. 7, LT-06229 Vilnius, data on the Company is collected and stored in the SE Centre of Registers. 

1.5. Electronic Account means an electronic platform for registration of the Subscription purchased by the Customer (on the Company’s Website) where the Client has the right to perform actions related to the ordering, modification (adjustment) or revision of the Subscription during the period of validity of the Subscription.

1.6. The Express interior cleaning tunnel car washes website identifies the interior cleaning tunnel car washes operated by the Company and its Partners. 

1.7. Rules of Conduct in the Car Washes The Company's Website, the Client's Electronic Account and the Car Wash Facilities display the rules for the use of the tunnel car wash and/or Express interior cleaning tunnel car wash.

1.8. Customer A person with an electronic account who enters into a Contract with the Company and undertakes to pay for the Services in accordance with the terms of the Contract.

1.9. Payment Card means a credit or debit payment card which is charged the Subscription Fee and/or the Service Fee of the Express Tunnel Car Wash Offering Interior Cleaning Services by a third-party payment processor. 

1.10. Partners mean the Company’s partners who provide the Services under the Company’s trademarks.      

1.11. Services mean the automated washing of the exterior of a Vehicle at the Car Wash and related services provided by the Company and its Partners, in accordance with the specific programme selected by the Customer at the time of conclusion of the Agreement (e.g., MINI, MIDI, MAXI, VIP, or any other automated washing programme offered by the Company and its Partners), the features of which are further described in more detail on the Website and at the Places of Provision of Services, and the manual cleaning of the interior of the Vehicle by conveyor belt at the Car Wash and related services provided by the Company and its Partners, the features of which are further detailed on the Website and at the Service delivery points.

1.12. Service Fee the prices of the wash programmes and interior cleaning as displayed at the Service delivery point, for which the Services are provided at the Car Wash.

1.13. Car Washes  The Website lists the express tunnel automated exterior and interior cleaning facilities (which have the technical capability to do so) operated by the Company and its Partners.

1.14. Agreement means a subscription agreement for car washing services concluded between the Customer and the Company, consisting of the General Provisions of the Subscription Service Agreement and the Special Provisions of the Subscription Service Agreement.

1.15. Website means the Company’s website at www.probroexpress.com/lt/ .   The Website link may change if the Company changes the trademark used, which shall be announced on the Company’s Website. Subscription holders may also use the Company’s website designed for Customers: https://verslas.probroexpress.lt/ . 

1.16. Vehicle means a vehicle that does not exceed the height specified in the description of a particular Car Wash provided at https://probroexpress.com/lt/, the license plate number of which is provided by the Customer in the Electronic Account for the purpose of using the Services hereunder.

1.17. Vehicle registration number means the number plate of a vehicle. Automatic number plate reading systems installed in car washes do not recognize number plates containing Arabic, Cyrillic characters, punctuation marks.

1.18. Virtual Account - a digital account opened in the Client's Electronic Account to which the Client may make advance payments for the Services provided by the Company and its Partners, and from which the Company will debit the Subscription Price and/or the price of the Express interior cleaning tunnel car wash services.

 

2. GENERAL PROVISIONS

 

2.1. In accordance with the terms and conditions outlined herein, the Company undertakes to provide the Services to the Customer who has purchased the Subscription for Car Washes operated by the Company and to ensure that the Services are provided in the Car Washes of the Partners; the Customer purchases the Subscription and agrees to the terms and conditions of the Agreement. 

2.2. The terms and conditions of the Contract apply to all Clients who have purchased a Subscription. The Client will have the technical ability to purchase Subscriptions for the Vehicle exterior automated washing Service through the Electronic Account, but these Subscriptions do not entitle the Client to use the Express interior cleaning tunnel car wash services, i.e. the Express interior cleaning tunnel car wash services are provided as a one-off service which the Client can purchase and pay for directly through the Electronic Account.

2.3. The Customer shall be responsible for adhering to the terms and conditions of the present Agreement regardless of whether the Customer brings the Vehicle to a Service provision location themselves or whether the Vehicle is entrusted to another person. The Customer shall have an obligation to familiarize its employees or other persons entrusted with the operation of the Vehicle and the right to use the Services with the provisions of the Agreement and shall assume full responsibility for the conduct of such persons and the resulting consequences. 

2.4. The Services shall not be provided to Vehicles used for carrying passengers and/or freight for a fee, courier services, and/or those that are owned by entities engaged in such activities, including but not limited to taxis, UBER, Bolt, Forus etc., as well as car rental companies (including car sharing companies), except where a separate (other than this) business contract is concluded in order to provide the Service. If the Company identifies a breach of the present provision, it shall be entitled to terminate the Agreement immediately, with no notice and without refunding the amounts paid by the Customer for the Services. The Customer confirms that, by ordering a Subscription, the Customer consents to the Company exercising its right to check for breaches of the Agreement, including the right to contact entities administering the provision of relevant services (e.g. taxi, UBER, Bolt, Forus etc.) for information on whether a person is providing carriage services for a fee. 

2.5. A Client who has purchased a Subscription to the Vehicle exterior automated washing Service shall have the right to purchase the Express interior cleaning tunnel service for an additional price, if the tunnel Car Wash has such a function, and to pay for such services automatically from the Virtual Account in the Electronic Account and/or with a Payment Card. The prices for the Express interior cleaning tunnel services are displayed on the Website and/or at the Express interior cleaning tunnel locations and are not included in the Subscription price. The price of the Express interior cleaning tunnel service is automatically charged to the Payment Card entered by the Client with the Subscription or to the Virtual Account in the Electronic Account immediately after the automatic scanning of the State Vehicle Registration Plate Number and the raising of the barrier at the Express interior cleaning tunnels. If, for reasons beyond the Company's control, it is not possible to charge the full price of the Express interior cleaning tunnel services to the Payment Card and the Virtual Account in the Electronic Account, the Company shall inform the Client to the Client's email address specified in the Client's Electronic Account and reserves the right to make periodic attempts to charge the amount of the Client's debt to the Payment Card and the Virtual Account specified in the Client's Electronic Account until such time as the debt has been settled.

  

 

3. AGREEMENT CONCLUSION AND SUBSCRIPTION PURCHASE PROCEDURE

 

3.1. The Agreement is concluded when the Customer purchases a Subscription and confirms the conclusion of the Agreement on the Customer’s Account. The Customer’s confirmation of them accepting the Agreement via an active e-mark (tick) and the Company’s activation of the Subscription shall be deemed the moment the Agreement is concluded. 

3.2. When concluding the Agreement, the Customer selects the Service Programme and the type of Subscription, i.e. the Vehicle Automated Exterior Wash Subscription and/or the Interior Cleaning Subscription. Depending on the programme selected by the Customer, conditions for using additional infrastructure of the Car Wash facilities (vacuum cleaners for cleaning the interior, carpet cleaning machine) that the Customer (representatives) uses on their own (self-service) may be provided.

3.3. At the time of concluding the Agreement, the Customer must provide the Vehicle license number, Payment Card details, e-mail address, telephone number, and other information required for the identification of the Customer and their Vehicle in the Account. In case of any changes, the Customer shall immediately correct all the necessary information in their Account: their company name, name, surname, e-mail address, telephone number, and other details. 

3.4. The Customer has the right to purchase Subscriptions for several Vehicles by adding (listing) them in the Account, both at the time of concluding the Agreement and at any time thereafter. For newly added Vehicles, the Subscription comes into effect, and the Agreement in respect of such Vehicles is considered concluded on the day the payment of the relevant Subscription fee is made and the Subscription is activated. The Customer has the right not to renew the Subscription and terminate the Agreement in respect of one, several, or all Vehicles added to the Account. If all Vehicles are removed from the Account, the Customer shall be deemed to have terminated the Agreement and subject to the termination periods and legal consequences outlined herein. 

3.5. The Customer, who has purchased a 1-month Subscription, shall not have the right to change the license plate number of the Vehicle in the Electronic Account during the validity period of the Subscription, i.e. during its validity, the Subscription shall only be valid for the specific Vehicle specified by the Customer. To change the Vehicle for which the 1-month Subscription Services have been purchased, the Customer shall purchase a separate Subscription for that Vehicle and terminate (not renew) the old Subscription in accordance with the procedure outlined herein, unless otherwise agreed by the Parties. The Customer, who has purchased a Subscription valid for more than 1 month, shall have the right to change the license plate number of the Vehicle no more than once in every 3 (three) consecutive calendar months. If the Vehicle plate number entered for the Vehicle Automated Exterior Washing Subscription changes for the Customer in line with the terms and conditions hereunder, the Vehicle plate number entered for the Interior Cleaning Subscription held by the Customer shall automatically change as well.

 

 4. SUBSCRIPTION VALIDITY TERMS AND CONDITIONS

 

 4.1. For Customers who have purchased a Subscription, the Subscription shall become valid immediately, and the Customer shall be informed of the Subscription activation via the e-mail address provided in the Account. 

4.2. The Subscription is activated and becomes valid automatically, even if the Customer does not actually start using the Services.

4.3. The Subscription is valid in all Car Washes operating in the Republic of Lithuania, with the exception of promotional local Subscriptions, where the Subscription is purchased for the Services in a particular Car Wash, and the conditions of use of such Subscription are provided in the terms and conditions of its order. The Subscription shall entitle the holder to use the Services for an unlimited number of times during its validity, subject to the criterion of reasonableness.

4.4. The Subscription entitles the Customer to use the washing programme selected by the Customer at the time of purchasing the Subscription at the Car Washes. If the Customer, having already used the Subscription, wishes to change the washing programme, the existing Agreement for the Subscription for the selected washing programme is terminated, without refunding the fees paid by the Customer for this Subscription, and a new Agreement is concluded for the other selected washing programme in accordance with the procedure outlined herein. The Customer wishing to change the Washing Programme shall submit a free-form request to the Company by e-mail naryste@probroexpress.lt. 

4.5. The Subscription shall be valid for one Accounting Period and shall be automatically renewed an unlimited number of times for the same period, unless the Customer, prior to such an automatic renewal, opts out of the automatic renewal or initiates the termination of the Subscription in accordance with the procedure outlined herein. 

4.6. The business hours of each Car Wash are provided on the Website. The work hours of the Car Washes are also posted at the entrance of each of the Car Washes. The Company and its Partners have the right to change the business hours of any Car Wash. 

4.7. The Car Washes (or any one of them) may be temporarily closed and/or the Services they provide may become temporarily unavailable due to routine inspections, equipment failures, incident reporting, and other reasons. If all the Car Washes in the same city, where the Customer normally uses the Services, are closed (Services are unavailable) for more than one (1) day, the validity period of the Customer’s existing Subscription shall be extended without an additional fee for the same number of days as the duration of the closure of the Car Washes as defined herein (Services are unavailable), and, at the Customer’s request, the proportionate part of the Subscription fee shall be refunded. The extension of the Subscription period or refund referred herein shall apply only if the Customer informs the Company without delay (no later than within 1 (one) business day) that they have been unable to use the Car Washes due to the temporary unavailability of the Services. 

4.8. The Company shall make every effort under its control and ensure that its Partners make every effort to resume the provision of Services at the Car Washes temporarily closed for the reasons outlined in Clause 4.7 as soon as possible. 

4.9. On bank holidays and public holidays, the opening hours of the car washes may differ from the normal opening hours of the car washes, or they may not be open at all. In this case, the term of the Subscription shall not be extended and no compensation shall be payable.

4.10. If the Customer declines the automatic Subscription renewal, the Subscription shall remain in force until the end of the current Accounting Period, independent of the time the renewal was declined. The validity date of the current Accounting Period shall be provided in the Customer’s Account. 

 

 

5. SUBSCRIPTION FEE AND PROCEDURE OF PAYING FOR SERVICES 

 

5.1. The subscription fee is provided on the Electronic Account. Subscriptions are subject to the fees in force at the time of their purchase (or renewal), pursuant to the time limits for notifying about the changes of the Subscription fee provided here below. 

5.2. An individual Agreement is concluded for each Subscription purchased. 

5.3. The Company has the right to change the Service fee and/or the Subscription fee in accordance with the following procedure: 

5.3.1. A change in the Service fee has no effect on the Subscription fee in force at the time of the change in the Service fee or the validity period of Subscriptions; 

5.3.2. if the Subscription fee is decreased, the new fee shall be applied from the beginning of the next Accounting Period following the change in the Subscription fee;  

5.3.3. The Company shall inform the Customer about the increase of the Subscription Fee by e-mail to the e-mail address provided in the Account, at least 30 (thirty) calendar days prior to the changes coming into force. If the Customer does not initiate the termination of the Subscription within the period specified herein and/or continues to use the Services, the Customer shall be considered to have agreed to and accepted the changes. In this case, the increased Subscription Fee shall apply from the beginning of the next Accounting Period after the changes to the Subscription Fee come into force. 

5.4. The subscription price shall be paid to the Company in advance. For the first period of validity of the Subscription, the Subscription Price shall be debited from the Virtual Account in the Electronic Account and the Payment Card (if there are insufficient funds in the Virtual Account) at the time of the confirmation of the Contract (purchase of the Subscription). If the Client fails to pay the Subscription Price, the Contract shall be deemed not to have been concluded.

5.5. For each subsequent Accounting Period for which the Subscription is valid, the Subscription price shall be automatically debited from the Virtual Account in the Electronic Account and the Payment Card (if there are insufficient funds in the Virtual Account) on the first day of the new Accounting Month.

5.6. The Client affirms that by ordering a Subscription he/she accepts the terms of the Contract and the ordering of the Subscription constitutes the signing of the Contract and the Client's consent to the debiting of the amount of the Subscription Price for the first Accounting Period and the price of the Express interior cleaning tunnel services from the Virtual Account in the Electronic Account and from the Payment Card (in case of insufficient funds in the Virtual Account).

5.7. If, for reasons beyond the Company's control, it is not possible to debit the full amount of the Subscription Price from the Virtual Account in the Electronic Account and from the Payment Card within the terms set out in Clause 5.5, the Company shall, after three (3) unsuccessful attempts to debit the required amount of money, terminate the Subscription by informing the Client of the termination of the Subscription by sending a notice to the email address of the Client specified in the Client's Electronic Account, and reserves the right to make periodic attempts to debit the amount of the Customer's debt owed to the Company from the Virtual Account in the Electronic Account and the Payment Card specified in the Customer's Electronic Account until the debt is settled. The Client assumes all risk of possible termination of the Subscription if the Client fails to make the necessary arrangements to debit the Subscription Price for the upcoming Accounting Period from the Virtual Account in the Electronic Account and the Payment Card. In the event that one Client has purchased two or more Subscriptions, under the conditions set out in this clause, the Company shall have the right, at its option, to terminate the Contract in respect of the Client's Subscriptions for which there are insufficient funds for the debit of the price, or in respect of the whole of the Subscriptions of the Client concerned. For the avoidance of doubt, the Parties agree that the Company shall initiate the price debit of individual Subscriptions of the same Client one after the other according to the order of confirmation of the orders for the respective Subscriptions at the time of purchase, i.e. the Company shall not initiate the debit of the price of all the Subscriptions (the renewal of which has not been declined by the Client) of the respective Client from the Virtual Account of the Electronic Account and the Payment Card simultaneously). In the event that there are insufficient funds in the Virtual Account of the Electronic Account and the Payment Card to debit the price of all expired Subscriptions of the relevant Client, the renewal of Subscriptions in respect of those Vehicles shall be deemed to be in the order of registration. In such case, the Client shall not be entitled to change the Vehicle state registration plate numbers of the renewed Subscription Vehicles unless otherwise agreed by the Parties.

5.8. If different Accounting Periods apply to different Subscriptions held by the same Client,  the debit of the Subscription Price from the Virtual Account of the Electronic Account and Payment Card shall be made only for those Subscriptions which are renewed on the date of the charge. If the Customer deletes the Payment Card details in their account or the Payment Card expires, the automatic renewal of the Subscription shall be deactivated, but the Customer shall retain the right to use the Service until the Subscription expires.

5.9. An opportunity to settle Subscriptions with gift vouchers and/or special loyalty discounts offered by the Company or its Partners may be granted in accordance with the rules for gift vouchers and/or loyalty discounts if and when technologically possible.

 

 

6. TERMINATION OF THE SUBSCRIPTION

 

6.1. If, in accordance with the terms and conditions outlined in Clause 5.7 of the General Provisions herein, the full Subscription Fee cannot be charged at the time of its renewal, and hence the Customer fails to pay the Subscription Fee at the time of renewal of the Agreement, the Customer shall be deemed to have declined the renewal of the Subscription, and the Agreement shall be terminated at the Customer's initiative on the last day of the validity period of the existing Subscription, for which the renewal fee has not been paid. The Customer's Interior Cleaning Subscription shall be automatically terminated if the Customer's Vehicle Automated Exterior Wash Subscription expires and is not renewed or, if the Customer does not have such a Subscription, when the Customer terminates the SMART Agreement for washing services. If the Customer enters into a new SMART Agreement for washing services and the Accounting Period of their Interior Cleaning Subscription has not yet expired, the Interior Cleaning Subscription shall be automatically activated for the remaining Accounting Period.

6.2. The Company shall have the right to unilaterally terminate the Agreement without contacting the court or giving prior notice (at its sole discretion in regards to one or several (or all) Subscriptions of the relevant Customer), without refunding the Customer’s payments for these Subscriptions, in the following cases:                   

6.2.1. In the case outlined in Clause 5.7 of the General Provisions herein; 

6.2.2. in the event of non-compliance to the prohibitions outlined in Clauses 2.4 and 8.1 of the General Provisions herein, or in the event of the Customer breaching the provisions set herein in such a way that the said breach constitutes a material breach of the Agreement, as defined in the legal acts and results in the occurrence of negative consequences (damage) for the Company; 

6.2.3. The Customer avoids paying damages caused to the Company, its Partners, and/or other customers of the Company;                     

6.2.4. The Customer does not comply with the General Rules of Conduct at the Car Washes and/or the Special Rules of Conduct at the Car Washes outlined herein, and it results in the damages incurred by the Company, its Partners, or other customers of the Company; 

6.2.5. The Customer breaches the Agreement in any other way and fails to rectify the breach within 5 (five) days of the Company’s notification.               

6.3. The Parties agree that, at any time and at its sole discretion, the Company shall have the right to unilaterally and temporarily restrict the validity of the Subscription for a period of 1 (one) to 3 (three) business days and, if the reasons for such a restriction remain or recur, to terminate the Agreement by notifying the Customer 1 (one) business day in advance, if: 

6.3.1. The Customer or the operator of the Vehicle indicated by the Customer threatens or attempts to damage the work stability or safety of the Company, its Partners, or the Car Wash, to interfere with other Customers using the Services of the Car Wash, or to cause any other negative effect on the Company, its business, its Partners, and/or its Customers, or has any other dishonest intentions; 

6.3.2. the Client abuses the provision of the Services, i.e. if, in the reasonable opinion of the Company, the Client's use of the Services does not meet the reasonableness criterion. For the avoidance of doubt, the Parties agree that the washing of the same Vehicle more frequently than the average fair-minded car owner would use such services shall be deemed to be unreasonable;

6.3.3. The Company, at its sole discretion, deems it reasonably necessary to protect the legitimate interests of the Company, its Partners, Customers, or third parties. 

6.4. The Company has the right to unilaterally decline the renewal of the Subscription for a new period through no fault of the Customer, provided it notifies the Customer 15 (fifteen) calendar days in advance via the Customer’s e-mail address provided in the Customer’s Account. In such a case, if, during the notice period, the Subscription Fee for the new Accounting Period is charged, the Customer shall be refunded the part of the Subscription Fee proportional to the period for which the Services will not be provided.      

6.5. The Customer has the right to unilaterally terminate the Agreement related to one or several Subscriptions, at any time before the end of the Accounting Period. In such a case, the Customer shall not be refunded the part of the Subscription Fee for the period from the termination date to the end of the Accounting Period, unless otherwise agreed by the Parties or when the Customer has not used the Services at all during the relevant Accounting Period prior to the termination date – in such a case the Customer shall be refunded the Subscription Fee, paid for this last Accounting Period during which the Subscription was terminated and the Customer has not used the Services.   

6.6. The Company shall transfer the amounts, refunded to the Customer on the basis of Clauses 6.3 and 6.4 of the General Provisions herein, to the same Customer’s account which was used to charge the Subscription Fee. 

6.7. In addition to paying the Service Fee for the Services provided before an early termination of the Subscription, the Customer, who has unilaterally terminated the Subscription before the end of its validity period, may be liable to cover the Company’s or its Partners’ losses, if any, incurred before the early termination of the Subscription (unless the Customer terminates the Agreement due to the fault of the Company, or the Agreement is terminated by the Company due to no fault of the Customer).   

6.8. In the event of termination of the Subscription, its validity ends immediately upon receipt of the relevant Subscription termination request from the Customer.      

6.9. The Parties understand and confirm that Agreement termination and settlement issues shall only be considered in regard to the relevant Accounting Period the termination of which the Customer has requested, and the rights and obligations of the Parties hereunder shall be considered fulfilled in regard to the Accounting Periods that have ended. 

 

7. RULES OF USING THE CAR WASHES

 

7.1. Services are provided to Vehicles after they have been identified by the front license plate using an electronic automatic license plate reader at the Car Wash.                       

7.2. The Services shall not be provided to a Customer (to the operator of the Vehicle he/she specifies), that has delivered a Vehicle for the provision of the Services, whose license plate number cannot be read or whose Vehicle is without a license plate number or the license plate number is temporary (e.g. transit or commercial).

7.3. At the Car Washes and their respective territory, the Customer and the operators and users of the Vehicles specified in his Electronic Account shall: 

7.3.1. use the Services offered by the Car Wash, their property, and inventory with responsibility and care, take all possible measures not to cause damage to the condition and property of the Car Washes, their own health, and that of the Company’s other Customers and employees;               

7.3.2. use the Services in a fair and economical manner without abusing their rights; 

7.3.3. strictly follow the publicly available rules of safe Vehicle operation in the Car Washes, provided on the information boards (light boxes) located in the territory of the Car Washes, and in the event of any uncertainties regarding the aforementioned rules – not use the Services and equipment of the Car Washes and contact the responsible employees of the Car Washes to acquire the necessary information;                        

7.3.4. if, due to improper compliance with the rules of safe operation of the Vehicle at the Car Wash, damage is caused to the property of other persons (e.g. delay in leaving the Car Wash and the car of another client of the Car Wash being towed by the conveyor collides with the car of the Client (the Vehicle specified in his/her Electronic Account)), to register the relevant accident in accordance with the procedure established by law, and to compensate for damages suffered by the Car Wash and its clients;

7.3.5. use the equipment and inventory of the Car Wash only in accordance with their intended purpose, in the manner and according to the rules of use of such equipment and inventory; not use temporarily faulty equipment and inventory, inform the responsible employees of the Car Wash about the faulty equipment and inventory, and contact them in case of any doubts regarding the suitability of the condition of the equipment or other inventory; 

7.3.6. not interfere with other customers using the Car Wash Services at the Car Wash. Upon noticing inappropriate behavior of other Customers of the Car Wash, which interferes with the use of the Services by other Customers or which may pose a risk to the safety of the property of other Customers, the Customer shall report it to the responsible employee of the Car Wash;   

7.3.7. compensate material losses (incurred as a result of damaged equipment and inventory, also damage suffered by other customers of the Car Wash that had to be covered by the Company or its Partners etc.) incurred by the Company and its Partners and caused through the Customer's fault and/or the Customer’s failure to comply with the terms and conditions of the Agreement. The Customer shall compensate the losses incurred by the Car Wash and caused by the Customer no later than within 3 (three) business days from the date the relevant documents proving the damages are presented to the Customer responsible for the damage, unless a longer period for the compensation of losses has been established for the Customer with the Company's consent;  

7.3.8. comply with other provisions of the Agreement. 

7.4. The Company shall not be liable for any damage to the Vehicle caused during the provision of the Services if the Vehicle has been damaged as a result of non-compliance with the requirements outlined in the General Provisions herein, i.e. if the Vehicle delivered for the provision of the Services does not comply with the publicly available requirements and warnings at the Car Wash, and the use of the Car Wash Services does not comply with the Car Wash’s Special Rules of Conduct at the Car Washes. 

7.5. If the Customer has reason to believe that the equipment or inventory of the Car Wash has caused damage to the Customer’s property, the Customer shall immediately inform the Car Wash staff and fill in the accident registration form available at the Car Wash or the electronic form available on the Website at www.probroexpress.com/lt/. 

7.6. In the event of a Customer’s complaint regarding the quality of the Services provided and in the course of the Company investigating the relevant claim of a Customer, the Customer shall provide all information requested by the Company related to the fixture of non-original decorative parts of the Vehicle, any damage and/or repairs to the body of the Vehicle, or the non-factory repainting of the Vehicle.                        

7.7. The Car Washes do not provide item storage services, only temporary placement of the Customer’s items or Vehicle accessories (e.g. mats) in designated areas is allowed and only during the use of the Services. If Customers leave their property at the Car Washes after using the Car Wash Services, the Company has the right to dispose of such property as its own (discard, dispose of, etc.) after 15 (fifteen) calendar days following its finding. The Customer confirms that they understand that the Company shall not be obliged to view the video camera recordings of the Car Wash or carry out any additional actions in order to identify the owner of the property left in the Car Wash for the purpose of performing the present clause of the Agreement. 

7.8. When vacuuming the interior of the Vehicle, customers are recommended to take additional reasonable measures to protect their property (leaving all doors of the Vehicle open should be avoided), and not to leave the Vehicle unlocked with any valuable property inside when the Customer is using the carpet cleaning service in a separate building of the Car Wash. 

7.9. For the provision of the Services, the Customer shall deliver only the Vehicle with the license plate number registered in the Customer’s Account and shall ensure all required conditions for the scanning of the Vehicle license plate number. It is prohibited to use the Car Wash Services if the Vehicle license plate number has been illegally substituted (having replaced the vehicle license plate (marking)). Any data in regard to such violations shall be reported to the Lithuanian Police. 

7.10. The Customer is informed about and agrees that the Vehicle’s interior vacuuming and carpet cleaning equipment, window fluid, and wiping machines provided by the Car Wash shall be used by the Customer on their own, having first familiarized themselves with the rules of use of the equipment, provided next to the respective equipment. The Customer shall be liable for the careful and responsible use of this equipment and assumes all risks and responsibility for any consequences caused/suffered by the use of such equipment. 

7.11. It is strictly prohibited to use the Car Wash services and/or to drive dangerously and negligently, under the influence of alcohol, narcotic, psychotropic, or any other psychoactive substances, to harass persons in the territory of the Car Wash, to damage the equipment, inventory, or vehicles of the Car Wash or a third party, perform other actions that violate public order and the rules of conduct in the territory (e.g. making excessive noise, loud singing, listening to loud music), or engage in any kind of trade and other activities violating the Rules of Conduct at the Car Washes. In the event of a breach of the present clause, the violator may be obliged to compensate losses suffered by the Company, its Partners, and/or third parties. 

7.12. A Car Wash employee has the right to refuse the provision of the Service to the Customer and not allow the Customer’s vehicle to enter the Car Wash if it is extremely dirty – (e.g. the car body is covered with a layer of dirt, clay, gravel), as well as when the Customer's Vehicle is covered with a layer of snow and/or ice during the cold season, in order to protect the Car Wash equipment and/or the safe use of the Services by other Customers. 

7.13. The Car Wash shall have the right to refuse to provide the Service to a Vehicle of a particular model in order to protect the Vehicle and the Car Wash equipment from potential damage and/or to ensure the safe use of the Services by other Customers, by informing the User of the Vehicle about it at the Car Wash and/or on the Website. 

 

 

8. LIABILITY

 

8.1. If the Company identifies a case of license plate substitution (i.e. using the license plate provided in the Account at the time of purchase of the subscription on a vehicle other than the one registered in the public register), the Services shall not be provided to such a Customer, and the Company shall inform a law enforcement agency of the license plate substitution in all cases. A Customer whose car arrives at the Car Wash with illegally substituted Vehicle license plates and who then uses the Services shall be liable to a fine of EUR 200 (two hundred euros) for each offence detected, and shall be liable to reimburse the cost of the Services.

8.2. The Company and its Partners shall not be liable for any damage and/or destruction of the Vehicle or the property contained in them during the provision of the Services, if the Vehicle or the property contained in them is damaged and/or destroyed as a result of the equipment, water, or chemicals used for the provision of the Services, when the Customer does not comply with the obligations and warnings outlined herein, as well as in the cases where such damage to the Customer (the Customer's property) is caused by the actions performed by the Customer themselves. Otherwise, i.e. if the Vehicle or the property contained in them is damaged through the fault of the Company or its Partners, the Company or its Partners shall compensate any losses (direct losses only) suffered by the Customer as a result of the destruction of or damage to their property during the provision of the Services. In the event of a dispute regarding the quality of the Services, the Parties have the right to engage specialists (experts) to verify the quality of the Services. 

 

9. INFORMATION AND CORRESPONDENCE

 

9.1. The Parties agree that all information related to the validity, performance, amendment, or termination of the Agreement shall be exchanged between the Parties using the contact details provided herein.                    

9.2. The Company shall send all notices that must be sent to the Customer pursuant to this Agreement to the Customer’s e-mail address provided herein. Information provided by the Company to the Customer via the e-mail address indicated in the Customer's Account is considered to have been provided properly and received on the same day on which the relevant notice is sent. 

9.3. The Customer bears the risk of failure to notify the Company of a change in details.

9.4. The Customer may submit complaints and notices related to the validity and/or performance of the Agreement to the Company via e-mail at naryste@probroexpress.lt. 

 

10. VALIDITY PERIOD, AMENDMENT AND TERMINATION OF THE AGREEMENT

 

10.1. The Agreement comes into force upon its conclusion and remains in force during the Accounting Period or until the end of the Accounting Period as set out herein. 

10.2. The Agreement shall be automatically renewed for an unlimited number of times for the same Accounting Period (with the fee automatically charged for the next Accounting Period for the provision of the Services) unless the Customer refuses the automatic renewal of the Subscription or initiates a withdrawal or termination of the Agreement in accordance with the procedure outlined herein. The Parties expressly agree that the Customer’s failure to act by not initiating the termination of the Agreement during the current Accounting Period shall constitute a legal fact (the Customer’s intention expressed thereby) which shall be the basis for the extension of the provision of the Services for a new Accounting Period. If the Customer declines the automatic renewal of the Subscription in the Electronic Account at any time during the validity period of the Subscription, the Agreement shall not be automatically renewed for a new Accounting Period and shall remain valid until the end of the current relevant period. If the Customer has several Subscriptions and does not cancel the automatic renewal of the Subscription(s), the Vehicle Automated Exterior Wash Subscription(s) shall be renewed first, followed by the renewal of the Interior Cleaning Subscription(s). 

10.3. The Parties expressly agree that the Company shall have the right to unilaterally amend the terms and conditions of this Contract by informing the Client on the Website and in the Client's Electronic Account by e-mail, provided that such amendments do not create additional obligations for the Client or otherwise impair the Client's position in relation to the Company. If changes to the Contract create additional obligations for the Client, the Company must inform the Client of such changes by email 30 (thirty) days prior to the implementation of the planned changes, and the Client shall have the right to terminate the Contract within this period.

10.4. The Parties expressly agree that the Company shall have no obligation to conclude or renew the Agreement with every Customer who wishes so. Implementing the principle of contractual freedom, the Company reserves the right to refuse to provide the Services (without concluding a new Agreement) or renew the Agreement (Subscription) for a new period with any entity, provided the notice periods established in Clause 6.3 of the General Provisions herein are observed, without giving reasons for its decision. 

 

11.  APPLICABLE LAW AND DISPUTE RESOLUTION

 

11.1. The Agreement shall be applied and interpreted in accordance with the law of the Republic of Lithuania. 

11.2. Any disputes, differences or contradictions arising out of the Contract shall be settled by negotiation. In the absence of agreement between the Parties within 30 (thirty) calendar days, disputes shall be settled by the competent court of the Republic of Lithuania in accordance with the laws of the Republic of Lithuania.

 

12. FINAL PROVISIONS

 

12.1. The Parties agree that the Company shall have the right to unilaterally transfer all rights and obligations arising from hereunder to a third party, provided the Customer is notified about the latter via e-mail. 

12.2. A transfer of the Customer’s rights and obligations hereunder is prohibited, however, the Agreement allows the Customer to make adjustments to the Subscription in accordance with the procedure established in the General Provisions herein. 

12.3. If any section or a single provision herein is declared invalid, the remaining sections and provisions herein shall remain in force.   

12.4. The Customer, by confirming that they have familiarized themselves with the terms and conditions herein, agrees to follow them and assumes responsibility for any failure to comply with the terms, conditions, and obligations established herein and any consequences caused as a result. In the event of any discrepancies between the General Provisions of the present Agreement and the Special Provisions of the present Agreement, the Special Provisions of the Agreement shall prevail. 

12.5. The Customer confirms that they are aware that the provision of the Services at the Car Wash is photographed, filmed, and the video recordings and photographs with a potentially identifiable image of the Customer and their Vehicle are kept by the Company or its Partners in the Company’s or its Partners’ database for a period of 30 (thirty) calendar days. The Company or its Partners have the right to keep this data for a longer period for the purpose of accident management.  

                       

PRO BRO EXPRESS SUBSCRIPTION AGREEMENT FOR CAR WASH SERVICES:

SPECIAL PROVISIONS

 

1. The Special Provisions of the present Agreement, together with the General Provisions of the present Agreement, constitute the exhaustive agreement between the Customer and the Company for the provision of the Services. Capitalized terms used in the present Special Provisions shall have the meanings outlined in the General Provisions. 

2. The Company undertakes to provide the Services in accordance with the procedure and terms and conditions established in the Agreement to the Customer, who has purchased the Subscription of the Car Washes operated by the Company, and to ensure that the Services are provided in the Car Washes operated by the Company’s partners that use the Company’s trademarks to mark the Services (the Partners), and, by accepting the present Agreement, the Customer purchases the Subscription and agrees to the Service provision and settlement procedure, as well as other terms and conditions on the provision of the Services and the validity and renewal of the Subscription established in the Agreement. 

3. The procedure, as well as terms and conditions of the provision of the Services, the settlement procedure for the Services, the terms and conditions for the validity, renewal, suspension, adjustment, and termination of the Subscription, the Rules of Customer Conduct at the Car Washes and other terms and conditions related to the provision of the Services are outlined in detail in the General Provisions of the present Agreement. 

4. The Customer expressly agrees that they have had reasonable opportunities to become acquainted with the terms and conditions of the Agreement, they have read and understood them prior to concluding (confirming) the Agreement. The confirmation of having become acquainted with the Agreement with an active e-mark (tick) and activation of the Subscription shall be considered sufficient grounds for recognizing that the Customer has had a real opportunity to become acquainted with the terms and conditions of the Agreement, has taken advantage of this opportunity and has accepted the terms and conditions of the Agreement without any adjustments or reservations. 

5. The Client affirms that he/she has been clearly and comprehensibly informed that an active tick (check mark) indicating that the Client agrees to the automatic renewal of the Subscription means that the Subscription will be automatically renewed and that the Subscription price will be debited from the Virtual Account and the Payment Card in the Client's Electronic Account at the times and in the manner set out in the General Terms and Conditions. The Client has been informed that the Client has the right to cancel the automatic renewal of the Subscription at any time. In this case, the Subscription shall be valid until the end of the current Accounting Period and shall not be automatically renewed.

 

By accepting this Agreement, the Customer provides the following confirmations/consents:                                                                                  

a. I confirm that the data provided by me (the Customer) required for the conclusion and performance of the present Agreement is true and correct;      

b. I confirm that I have carefully read the terms and conditions of the Agreement and the information regarding the applicable Subscription Fees, and the terms and conditions are clear and understood by me;

c. I confirm that I have familiarized myself with the consequences of improper or late performance of my obligations under the Agreement, including but not limited to penalties, grounds for termination of the Agreement, and the grounds and procedure for compensation for damages;              

d. I agree that payments for the Subscription Services and the Express interior cleaning tunnel services will be debited from the Virtual Account and the Payment Card in my Electronic Account in the manner and at the intervals set out in the Contract; 

e. I confirm that the Vehicle is not being used for the provision of passenger carriage or freight transport services, or for the provision of taxi services, and is not being used for the purpose of providing car hire or car sharing services; the Vehicle is not owned by any entity engaged in any such activity, including but not limited to any company that provides taxi, passenger carriage, or car sharing services;        

f. I confirm that I am aware of and understand the possible risks of using electronic channels; 

g.by accepting the present Agreement, I also confirm that I understand that the Company and its Partners will process my (Client) personal data in the course of performing the present Agreement. I confirm that I have familiarized myself with the notice provided by the Company regarding the processing of personal data.