A. PLATFORM CONDITIONS
Oscar Alquiler de Coches S.L. (hereinafter referred to as Oscar) is a company registered in the Spanish Mercantile Register under number B06963516 with its registered office at Plaza de la Solidaridad 12, 5th floor, 29006 Malaga, Spain. Oscar has developed a car rental platform accessible on the website https://oscar.es/ (the "Platform").
The Platform provides an online site where owners of vehicles for professional use (the "Partner(s)") can enter information (the "Advertisements") relating to new and used vehicles (the "Vehicle(s)") that they wish to rent, thereby allowing private users (the "Consumer(s)") to make a reservation ("Booking") for the rental of these Vehicles directly with the Partner(s) (the "Vehicle Rental Services").
Please note that Oscar itself does not offer vehicles for rent. Therefore, Oscar is never a party to any vehicle rental contracts concluded or any other type of contract or contractual relationship of any kind between users. These terms and conditions apply only to consumers and partners.
In these terms and conditions, "you" or "your" refers to all natural or legal persons or associations of persons who use the platform as partners or consumers for information purposes or to initiate or conclude car rental contracts. "We" or "our" means Oscar (as defined above).
B. GENERAL TERMS AND CONDITIONS FOR USERS
1.1 Use and authorisation
In general, you can view the advertisements published on the platform without registering.
The booking of a vehicle as a consumer is only permitted for natural persons who are at least 18 years old and have unlimited legal capacity. Minors and other natural persons without or with limited legal capacity are not permitted to book a vehicle.
Registration as a partner is subject to prior approval by Oscar.
By submitting the registration form, the user proposes to create a contract of use with Oscar, accepts the present general conditions of Oscar and declares that he/she is not deprived of the use of the service. Oscar reserves the right to refuse the registration of a user without giving reasons.
1.2 Registration and user account
You must provide precise, up-to-date and, to the extent required and specified, completed information. You agree not to impersonate any other person or entity when registering and to keep your account information current. In the event of any changes to the data collected after registration, the user must update their information in their user account without delay or - if this is not possible - inform Oscar of the changes without delay.
On our servers, we will protect your registration data from disclosure or unauthorized access by appropriate technical and organizational means. Outside of our control, you are fully responsible for maintaining the confidentiality of your credentials and for all activities that occur through the use of your credentials. You agree to notify Oscar immediately if you believe that your credentials have been lost, stolen, or your account is otherwise compromised.
A registration can only be made once per legal entity or per physical person. A user account is not transferable.
1.3 Description of the services
We use the platform to enable the publication of vehicles for hire, the search for vehicles, products or services offered through the platform or the booking of a vehicle, or for other purposes expressly stated on the platform (hereinafter referred to as "services"), in accordance with these terms and conditions.
We endeavour to ensure that our users always have a pleasant and smooth use of the platform, but we cannot control the behaviour of users or the legality, accuracy or completeness of the published advertisements, information and contact details. Despite various security precautions, it cannot be ruled out that incorrect data has been submitted or that this data has changed in the meantime.
You expressly acknowledge that we are not under obligation to verify the information provided by a user and that we do not guarantee that an advertisement meets the expectations of a consumer or corresponds to the description. By using the platform and agreeing to these terms, you acknowledge that Oscar is not a party to any contract to be entered into between you and any other user. You also acknowledge that Oscar has the right, but not the obligation, to monitor the use of the Platform and to verify content such as information, data, images, videos and sounds uploaded by our users (the "User Content").
1.4 No guarantee of availability
Oscar does not guarantee the availability or uninterrupted accessibility of the platform. Oscar may terminate or limit the availability of all or part of the Platform or certain features at any time without notice, including to protect the security or integrity of the Platform or our servers, or to perform maintenance on the Platform.
Oscar reserves the right to suspend the Platform or any part or feature thereof, or to change the features of the Platform at any time without notice. Oscar will provide reasonable notice of any termination or permanent interruption of the Platform.
1.5 Links to third party websites
The platform may contain links to third party websites ("third party services"). These external services may be subject to different conditions.
Oscar is not responsible for the availability, legality, accuracy or value of these third party services or the content, products or services available through these third party services or their privacy policies and practices.
By providing links to these third party services, Oscar does not recommend or endorse them in any way. Your use of such third party services is entirely at your own risk.
2.1 Limited license to use the Platform.
Subject to the Content provided by Users, Oscar is the sole owner of all intellectual property rights in the Platform, its Content (including but not limited to text, images, designs, logos, videos, sounds, data, graphics) and the software and databases that make the Platform work.
Users are granted a limited, revocable, non-exclusive and non-transferable license to access and use the Platform in accordance with these Terms.
Any use of the Platform for other purposes or not in accordance with these Terms is expressly prohibited. In particular, each user is obliged
- Not to copy, reproduce, modify, adapt, publish or distribute, or cause to be copied, reproduced, modified, adapted, published or distributed, any Content or any part thereof, unless expressly authorised by Oscar in writing in advance;
- not to modify or cause to be modified any Content or any part of the Platform, to translate or cause to be translated any Content or any part of the Platform into any other language or computer language, or to create or cause to be created any derivative works thereof;
- not to decompile or reverse engineer the Platform;
- monitor, collect or have extracted, in whole or in part, any of the Platform's data using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, collection or extraction tool or other automated process;
- not to use or cause to be used the Platform to post or transmit any information that is untrue, inaccurate, fraudulent, misleading, unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic or violates dignity, honour or sexual self-determination;
- not to infringe any proprietary or other rights of any third party, including, but not limited to, copyrights, trademarks, patents, trade secrets, other intellectual or proprietary rights, or rights of privacy or publicity;
- not to copy, retain or otherwise access information, including personal data about other users, in a manner inconsistent with these Terms or in violation of any privacy rights of other users or third parties or applicable law; personal data, including but not limited to contact details of others, contained in Oscar's Services or otherwise obtained by the user in the course of using the Services may be used by users solely for the purpose of initiating and executing vehicle rental contracts using the Platform. In particular, it is prohibited to use corresponding data for advertising purposes and to send unsolicited e-mail, fax or postal mail advertising to the person concerned or to make unsolicited telephone contact with him;
- to impersonate another natural or legal person or to deceive as to one's own identity;
- not to use the Platform for any purpose not expressly permitted by or contrary to these Terms or misleadingly implying cooperation or approval by Oscar;
- refrain from any other use of or access to the Platform which is, in our sole discretion, objectionable or which restricts or inhibits any other user in the use of the Platform, the Services or the operation of the Platform or which may result in any harm to Oscar or any other user.
2.2 Oscar’s Use of User Content.
By creating, uploading, posting, transmitting, receiving, storing, or otherwise disclosing any User Content on or through the Platform, you grant Oscar a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable and transferable license to access, use, edit, view, analyse, store, copy, reproduce, modify or remove any User Content, including without limitation to (i) operate, secure and improve the Platform (including for fraud prevention purposes, risk assessment, investigation and customer support), (ii) ensure User compliance with these Terms, (iii) comply with applicable law or the order of a court, law enforcement agency or other administrative or governmental body, (iv) take action against User Content that we deem harmful or objectionable, (v) take actions set forth in these Terms, and/or (vi) maintain and enforce quality or suitability criteria.
2.3 Oscar's Use of Partner's Logos, Trademarks and Trade Names
Each Partner grants Oscar a limited, revocable, non-transferable, non-sublicensable, non-exclusive and royalty-free license to use its logos, trademarks, trade names and other features, including any User Content, for the sole purpose of including them on the Platform, conducting marketing campaigns and promoting the services offered on the Platform in accordance with these Terms.
The registration is in principle for an indefinite period.
3.2 Termination by user
The registration can be terminated by the user at any time without giving reasons. For the declaration of termination by the user, a notification by e-mail to [email protected] is sufficient.
3.3 Termination or suspension by Oscar.
Oscar may terminate the registration at any time by giving two weeks notice. For the notice of termination by Oscar an e-mail to the e-mail address of the user given during the registration is sufficient.
The right of extraordinary termination remains unaffected.
3.4 Blocking of the user account
Oscar is entitled to immediately block the user account:
- if false information was given during registration;
- in case of loss or in case of suspicion of misuse of the access data by a third party;
- if the user has violated these terms and conditions of Oscar; or
- if there is any other important reason.
In case of a blocking of the user account, the affected user is prohibited from re-registering with Oscar and from opening a new user account until Oscar has given its explicit prior consent.
By using the Platform, you grant Oscar a collection mandate for the processing of all collections, deposits and payments ("Payments") made on the Platform in its name and on its behalf. In particular, the Payments are processed by our payment service provider Clearhaus A/S with VAT ID DK33749996 and located in Denmark (the "Payment Service Provider").
Consequently, upon acceptance of the reservation through the Payment Service Provider, Oscar will collect the total amount payable by the Consumer as described in Clause 1 of Section C (Special Conditions for Consumers) of these Terms and Conditions.
4.2. Cancellation Policy
For details of the Cancellation Policy, please refer to Section C, Clause 2 (Special Conditions for Consumers) and Section D, Clause 2 (Special Conditions for Partners) of these Conditions.
Material contractual obligations are such contractual obligations, the fulfillment of which enables the proper performance of the contract in the first place and the observance of which the contractual partner may regularly rely on, and the breach of which on the other hand endangers the achievement of the purpose of the contract.
To the fullest extent permitted by law, Oscar, its affiliates or their respective officers, directors, employees, agents, subcontractors, licensors or suppliers shall not be liable to you for any indirect or consequential loss or damage, including loss of profits, loss of sales or business, or business interruption, suffered by you or any third party in connection with your use of the Platform.
In addition, Oscar's liability to an Affiliate shall be limited in amount to the amount of commission payments received within the twelve (12) months preceding the assertion of such liability.
In all other respects, our liability as well as the liability of our vicarious agents is excluded, irrespective of the legal grounds.
The Partner shall indemnify Oscar and its affiliates or their respective officers, directors, employees, agents, subcontractors, licensors or suppliers against any loss, damage or claim suffered or made by any third party as a result of (i) the Partner's use of the Platform, (ii) the Partner's breach of these Terms and Conditions, or (iii) the Partner's violation of any applicable laws and regulations. In this case, the Partner shall also bear the costs of the necessary legal defence, including all court costs and lawyers' fees in the statutory amount. This does not apply if the partner is not responsible for the infringement. In the event of a claim by a third party, the partner is obliged to provide Oscar immediately, truthfully and completely with all information required for the examination of the claims and a defence.
CHANGES TO THE TERMS AND CONDITIONS
If the user objects to the change of the terms and conditions in due form and time, the contractual relationship will be continued under the previous terms and conditions. In this case Oscar reserves the right to terminate the contractual relationship.
A change of the terms and conditions with the explicit consent of the user is possible at any time.
If you have any complaints, queries, comments or suggestions, please do not hesitate to contact us. You are welcome to contact us at any time using the following contact details:
Address: Plaza de solidaridad 12, 5th floor 29006 Málaga
Email address: [email protected]
Telephone number: (+34) 951 12 93 33
Users are not entitled to assign, pledge or otherwise charge any claims or other rights under these Terms without Oscar's consent.
Oscar is entitled to assign its rights and obligations under these terms and conditions in whole or in part to a third party. Also in this case the user is entitled to terminate the contract without notice according to clause 3.2 at any time.
9.2 No set-off
The user is not entitled to set-off, unless the counterclaims have been legally established or are not disputed by Oscar.
9.3 No waiver
Any failure by Oscar to enforce any rights arising out of or in connection with the platform or any breach of these terms and conditions in any particular case shall not be deemed a waiver of such rights.
9.4 Disputes between Users
Each User acknowledges and agrees that Oscar shall have no obligation to arbitrate any disputes between individual Users.
However, if the relevant Users are unable to resolve the dispute amicably, the User may refer the dispute to Oscar in accordance with these Terms. Oscar may, without being obliged to do so, in its sole discretion, review the details of the dispute and attempt to help resolve the dispute between the Users involved.
9.5 Internal complaint handling procedure
Oscar has an internal complaints handling system which is available to you free of charge. If you wish to make a complaint in relation to any of the following, provided you are specifically concerned about: (i) concerns about Oscar's compliance with its obligations under "Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency in the use of online information services by businesses" ("P2B Regulation"); (ii) technological issues directly related to Oscar's provision of the Platform to you; or (iii) actions taken by Oscar in relation to the provision of the Platform that affect you; please contact Oscar using the details provided in Section B (General Conditions), Clause 8. Your complaint will be reviewed and forwarded to the appropriate internal parties to investigate the concern you have raised.
9.6 Entire Agreement
These Terms and any documents incorporated by reference into these Terms constitute the entire agreement and understanding of the parties with respect to the Platform and supersede any prior agreements or understanding between the parties with respect to this subject matter. Each party acknowledges that, in entering into these Terms, it has not relied on any oral or written representations, warranties or other guarantees, representations, statements or undertakings made by or on behalf of any other party in relation to the Platform at any time prior to the date of entering into these Terms other than those set out in these Terms.
9.7 Governing Law; Jurisdiction
These Terms shall be governed by Spanish law, excluding the UN Sales Convention. For consumers residing in the EU, the mandatory provisions of the consumer protection law of the member state in which the consumer has his habitual residence shall additionally apply, provided that these are more advantageous for the consumer than the provisions of Spanish law and Oscar carries out its activities in the state in which the consumer has his habitual residence or (also) directs its activities to the state in which the consumer has his habitual residence.
If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from these terms and conditions shall be Spain.
For users who are consumers, the place of jurisdiction is the respective place of residence of the consumer and the registered office of Oscar. Oscar may initiate legal proceedings against consumers only before the courts at their place of residence.
9.8 Severability clause
If any provision of these terms and conditions is or becomes invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby. Statutory law shall take the place of any provisions of these Terms and Conditions that are not included or are invalid. If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to it in economic terms.
C. SPECIAL TERMS AND CONDITIONS FOR CONSUMERS
In this Section C when we refer to “you” or “your” we mean you, the person accepting these Terms and accessing the Platform acting as a Consumer. When we refer to “we” or “our”, we mean Oscar.
If you are interested in a Partner's display, you can make an online reservation request by completing the reservation process, following the steps provided on the Platform.
The last step before completing the Reservation is the payment confirmation. Before you make the reservation, you will be shown a reservation summary indicating the vehicle you wish to rent and the amount of the vehicle rental price (up to 100% of the vehicle rental price) to be paid at the time of reservation.
To confirm the payment, please click on the "Approve Payment" button. Before completing the reservation, you should check all the information you have entered and correct any errors if necessary. As soon as we receive your application, we will start processing it immediately.
1.3 Confirmation of the reservation
After you place a Reservation, we will send you a confirmation e-mail confirming that we have received your reservation.
1.4 Right of withdrawal
The consumer's right of withdrawal expires prematurely upon completion of the reservation, provided that the contract between you and Oscar is to put you in contact with a partner and Oscar has fully provided this contracted service.
By making the reservation request, you expressly consent to Oscar commencing the performance of its services and acknowledge that you are aware that your right of withdrawal expires upon complete performance of the contract by the Entrepreneur.
1.5 Conclusion of vehicle rental contracts and insurance policies
Oscar is not a party to any car rental contract between you and any Partner (the "Car Rental Contract") and does not offer car rental services nor does our Platform enable you to enter into car rental contracts directly.
If you choose to purchase insurance through the Platform, you are also entering into an insurance contract between you and the insurer, which is subject to the terms and conditions of the policy, to which Oscar is also not a party.
The consumer may cancel the reservation upon payment of a cancellation fee as follows:
If the amount paid at the time of reservation is less than 100% of the vehicle rental price, Oscar, through its payment service provider, is entitled to collect the balance.
|Delayed return of the car
|40 € + extra days rental
|Pick-up of the car at delayed return
|175 € + 1,50 € pr. km.
|30 € + fuel
|Inside cleaning extreme
|Smoking/animals in the car
|Non-paid parking tickets and fines
|19 € + fine
|Not buying foreign insurance use
|200 € + additional costs for foreign insurance
|Let an unregistered driver drive
|250 € + extra driver at 5 € per day
|Delivery behavior detected
|Withdrawal complete deposit amount
The renter's responsibility is to have a valid driver's license that entitles them to tow the leased trailer. It is the responsibility of additional renters that the total weight of the car and trailer is adhered to.
Special terms, applicable to the use of the Oscar app.
An Oscar long-term rental or car subscription is a subscription solution where you, as a customer, can rent a car on a monthly basis. Below, you can read about the terms of a long-term rental, including payment, liability, binding, and termination. The first payment for a long-term rental must fall on the date of the subscription, after which payments will be made monthly.
If you have any questions or changes to your long-term rental, please contact our customer service at 951 12 93 33.