OSCAR TERMS AND CONDITIONS

 A. ABOUT US

OSCAR ALQUILER DE COCHES, S.L.  (hereinafter referred to as "Oscar")  a company registered in Spain under company number B06963516, with its registered office at Plaza de solidaridad 12, 5th floor 29006 Malaga and with VAT number B06963516 has developed a car rental platform that can be accessed on the website https://oscar.es/ or in the form of the mobile application available for Android and iOS (“Platform”).  

The Platform offers an online venue whereby business owners of vehicles acting for professional purposes (the “Partner(s)”) can create and enter information (the “Adverts”) related to both new and used vehicles (the “Vehicle(s)”) they wish to rent, so that private users (the “Consumer(s)”) can make a reservation (“Reservation”) for the rental of such Vehicles directly from Partners  (the “Vehicle Rental Services”). 

These Terms of Use (“Terms”) govern the access and use of the Platform by the Partners and Consumers (jointly referred to as “User(s)”). Note that Section A and B of these Terms are applicable to Partners and Consumers. However, terms in Section C are only applicable to Consumers and terms in Section D are only applicable to Partners. PLEASE READ THESE TERMS CAREFULLY BEFORE AGREEING TO THEM.

As the provider of the Platform, you acknowledge, agree and consent that Oscar is not party to any agreement, contract or contractual relations of any nature, entered into between the Users, and particularly, is not party to any Vehicle Rental Agreement(s) (as defined below).

In these Terms when we refer to “you” or “your” we mean you, the person accepting these Terms and accessing the Platform, either acting as a Partner or as a Consumer, where appropriate. When we refer to “we” or “our”, we mean Oscar, as defined above.

B. GENERAL TERMS APPLICABLE TO PARTNERS AND CONSUMERS

1. ACCESS AND SCOPE OF SERVICES


1.1 Access and Eligibility. You can view the Adverts if you are not registered on the Platform. Booking a Vehicle as a Consumer is only permitted for natural persons who are 18 years or older. Accounts as a Partner may require prior approval by Oscar. As part of this process, you will be required to complete all mandatory fields on the registration form and to provide Oscar with certain information. This information will be treated in accordance with our Privacy Policy.

1.2 Accuracy and Confidentiality. You must provide accurate, current, and complete information, and you undertake not to impersonate any person or entity during registration and keep your account information up-to-date. On our servers, we will protect your log-in credentials with adequate technical and organizational measures from unauthorized disclosure or access. Outside of our sphere of influence, you are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur through the use of your credentials. You agree to notify Oscar immediately if you suspect that your credentials have been lost, stolen, or your account is otherwise compromise.

1.3 Oscar’s Role and Services. We offer a Platform as a venue solely for the purpose of advertising a Vehicle, searching for a Vehicle, researching any of the products or services offered on the Platform, booking a Vehicle, or for any other purpose clearly stated on the Platform, all in accordance with these Terms. While we work hard to ensure our Users have great experiences using the Platform, we do not and cannot control the conduct of our Users or the validity, truthfulness or legality of the Adverts offered. Hence, you acknowledge that we are under no obligation to verify the background or qualifications of any User and that we do not guarantee any Advert will meet the Consumer’s expectations or conform to its description. In using the Platform and in accepting these Terms, you recognise that Oscar is not party to any agreement entered into between you and the other Users. You acknowledge that Oscar has the right, but does not have any obligation, to monitor the use of the Platform and verify any content such as information, data, images, video, audio, material provided by our Users (the “User Content”).


1.4 No Guarantee of Availability. Oscar does not guarantee the uninterrupted availability or accessibility of the Platform. Oscar may terminate or restrict the availability of all or part of the Platform or certain features thereof without notice at any time and for any reason, including to protect the security or integrity of the Platform, our servers, or to carry out maintenance for the Platform. Oscar may discontinue the Platform or any portion or feature thereof or modify the features of the Platform from time to time without prior notice. Oscar shall provide commercially reasonable notice of any termination or permanent discontinuation of the Platform. If you qualify as a Consumer and Oscar discontinues the Platform or makes any other material modifications that substantially impact your use of the Platform, Oscar will provide you with at least thirty (30) days’ advance notice.

1.5 Third-Party Links. The Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Oscar is not responsible or liable for the availability or accuracy of such Third-Party Services, the content, products, or services available from such Third-Party Services, or their privacy practices. Links to such Third-Party Services are not an endorsement by Oscar of such Third-Party Services and use of such Third-Party Services is at your own risk.

2. INTELLECTUAL PROPERTY

2.1 Limited license to use the Platform. Subject to the contents provided by its Users, Oscar is the sole holder of all intellectual property rights relating to the Platform, its content (notably texts, images, designs, logos, videos, sounds, data, graphics) and to the software and databases ensuring their operation.

2.1.1 Users are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Platform in accordance with these Terms.

2.1.2 Any use of the Platform that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorised by us in writing is expressly prohibited. Notably, you will not and will not assist or enable others to, unless permitted by applicable law:

a. Copying, reproducing, modifying, adapting, distributing, publicly representing and disseminating the Platform and any part of the content in any form whatsoever, with the exception of that expressly authorised by Oscar;
b. Modifying, translating into any language or computer language or create derivative works from, any content or any part of the Platform;
c. Decompiling and reverse engineering the Platform;
d. Monitoring, gathering or extracting or attempting to extract a substantial part of the data of the Platform by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, collection or extraction tool, or any other automatic device of any kind;
e. Using the Platform to post or transmit information that is in any way false, fraudulent, or misleading, or any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane mater;
f. Violating, plagiarizing or infringing our rights or any third party’s rights, including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights;
g. Copying, retaining, or otherwise accessing or using any information, including personal data about any other User in any way that is inconsistent with these Terms or that otherwise breaches the privacy rights of Users or third parties or applicable law;
h. Impersonating any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
i. Using the Platform for any purpose not expressly permitted by these Terms or in a manner that falsely implies Oscar endorsement, approval, partnership, or otherwise misleads others as to your relationship with Oscar; or
j. Using or accessing the Platform in any way that, in our sole discretion, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, the performance or function of the Platform, or which may expose Oscar or any Users to harm or liability of any type.

2.2 Oscar’s Use of User Content. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Platform, you grant to Oscar a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to access, use, moderate, edit, view, analyze, store, copy, reproduce, modify or remove User Content to: (i) operate, secure and improve the Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address User Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria.

2.3 Oscar’s Use of Partner’s logos, trademarks and trade names. Partner grants Oscar a limited, revocable, non-transferable, non-sublicensable, non-exclusive and royalty-free licence to use its logos, trademarks, trade names and any other distinctive sign, 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.

3. TERM, TERMINATION AND SUSPENSION

3.1
These Terms are a binding legal agreement between you and Oscar and will remain in effect until either you or we terminate the agreement in accordance with these Terms.

3.2 Termination by you. You may terminate these Terms at any time, for any reason, without notice by sending us an email.

3.3 Termination or suspension by Oscar. We may suspend, limit, or terminate your account for a breach of these Terms. Where Oscar terminates your account or these Terms due to breach of these Terms, Oscar shall provide you with thirty (30) days’ prior notice of the termination and a written statement of reasons for that decision.

Additionally, we may terminate these Terms or suspend or terminate your access to the Platform immediately in the event:

  • Oscar is subject to a legal or regulatory obligation which requires Oscar to terminate the provision of the whole of the Platform to you in a manner which does not allow Oscar to provide advance notice;
  • There is an imperative reason pursuant to applicable law;
  • Oscar can demonstrate that you have repeatedly infringed these Terms; or
  • Oscar reasonably believes that your account is or has been the subject of any fraudulent activity, whether or not such activity or attempted activity is due to your acts or omissions.

    In such circumstances, Oscar will do its best to provide you with a written statement of reasons. Oscar shall not provide you with a written statement of reasons where Oscar is subject to a legal or regulatory obligation not to provide the specific facts or circumstances or the reference to the applicable ground or grounds, or where Oscar can demonstrate that you have repeatedly infringed these Terms.

    4. PAYMENTS AND CANCELLATION POLICY

    4.1. Payments
    In using the Platform, you confer Oscar a collection mandate for handling all collections, deposits, and payments (“Payments”) made on the platform in its name and on its behalf.  Specifically, Payments will be handled by our payment services provider VIVA PAYMENT SERVICES SINGLE MEMBER S.A, with VAT number 997671771 and registered office in Athens, Greece (the “Payment Services Provider”).

    Consequently, upon acceptance of the Reservation, Oscar, through the Payment Services Provider, shall collect the total amount payable by the Consumer as detailed in clause 1 of Section C (“Specific Terms to Consumers”) of these Terms.

    4.2.  Cancellation Policy. Details about the cancellation Policy can be found in clause 2 of Section C (Specific Terms to Consumers) and clause 2 of Section D (“Specific Terms to Partners’”) of these Terms.

    5. LIMITATION OF LIABILITY AND INDEMNIFICATION

    5.1
    Nothing in these Terms excludes or limits our liability for (i) death or personal injury; (ii) wilful misconduct; or (iii) any other liability which may not be limited or excluded under applicable law.

    5.2 To the extent permitted by law, under no circumstances will Oscar, its affiliates, or their respective officers, directors, employees, agents, subcontractors, licensors, or suppliers be liable to you for any indirect or consequential damages, including lost profits, lost sales or business, lost data or business interruption incurred by you or any other third party in connection with your use of the Platform.

    5.3 If you are a Partner, Oscar’s aggregate liability arising out or relating to this Terms shall in no event exceed the total Commissions paid by you to us during the last twelve (12) months immediately preceding the claim for such liability. You agree to indemnify, defend, and hold Oscar, its affiliates, and their respective officers, directors, employees, agents, subcontractors, licensors, and suppliers harmless against any suits, demands, or claims and associated losses, costs, expenses (including reasonable attorneys’ fees), damages and liabilities, brought by a third party and arising from or relating to: (i) the breach by you of these Terms, or those acting on your behalf (including any terms, agreements, or policies incorporated into these Terms); (ii) any breach of applicable law or regulation by you; or (iii) your use of the Platform.

    5.4 If you are a Consumer and Oscar fails to comply with these terms, Oscar is responsible for loss or damage you suffer that is a foreseeable result of Oscar’s breach of these Terms or Oscar’s negligence, but Oscar is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Oscar’s breach or if it was contemplated by you and Oscar at the time we entered into these Terms. Nothing in these Terms affects your statutory rights.

    6. PRIVACY

    Please note that we will only use your personal information in accordance with the Privacy Policy. You agree that your use of the Platform will comply with all applicable data protection and privacy laws and regulations and your own applicable privacy policies.

    7. MISCELLANEOUS

    7.1
    Assignment. Notwithstanding anything to the contrary in any other agreement between you and Oscar, you may not assign these Terms without Oscar’s prior written consent. Oscar may assign or transfer these Terms, at its sole discretion, provided that, if you are a Consumer, such assignment will not affect your rights or obligations under these Terms, we will notify you in advance and you will have the right to cancel your agreement to these Terms by cancelling your account.

    7.2 Severance. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

    7.3 No Waiver. No failure by Oscar to enforce any of its rights related to the Platform or to a breach of these Terms in a particular situation will act as a waiver of such rights.

    7.4 Disputes between Users. Each User acknowledges and agrees that Oscar is not obliged to mediate any disputes between that User and any other User, however if the relevant Users are unable to resolve the dispute, that User may refer the dispute to Oscar in accordance with these Terms and Oscar can (but is not obliged to), at its discretion, review the details of the dispute and seek to help resolve such dispute.

    7.5 Modification of the Terms. Oscar may amend or add to these Terms by providing no less than fifteen (15) days' notice to you in writing (the "Change Notice"), save that if the amendments or additions require you to make technical or commercial adaptations, Oscar will provide you with such longer notice period, if necessary, as is reasonable in the circumstances (the "Extended Notice Period"). Notwithstanding the foregoing, Oscar may modify these terms without advance notice if: (i) required to comply with a law or regulation which does not allow for the notice to be provided; or (ii) to address an unforeseen and imminent danger to the Platform, such as cybersecurity risks or fraud.

    If you do not wish to continue using the Platform following the changes to these Terms, you can cancel your agreement to these Terms by sending Oscar a written notice within the notice period and by stopping using the Platform. You may waive your right to cancel by means of a written statement or clear affirmative action after receipt of the Change Notice. By continuing to use the Platform after receipt of the Change Notice, unless you have indicated your intention to cancel or if the Extended Notice Period applies, you shall be deemed to have waived your cancellation right under this Section. 

    8. CONTACT

    Should you have any reasons for a complaint, Oscar will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact Oscar by using the following details:

    Address: Plaza de solidaridad 12, 5th floor 29006 Malaga

    Email address: [email protected]

    Telephone number: +34 518 88 83 83

    C. SPECIFIC TERMS TO 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.

    1. RESERVATION PROCESS

    1.1 Reservation. When you are interested in an Advert, you may make an online Reservation request by completing the Reservation process following each of the steps enabled on the Platform. Once you have completed the Reservation process, if you agree with all the details of the Reservation, you must click on the "Continue' button. Before proceeding to the next step, you must fill in the forms provided and provide the required personal data, which will be processed in accordance with our Privacy Policy.

    1.2 Payment. The last step before completing the Reservation is the payment confirmation. Before making the Reservation, you will be presented with a summary of the Reservation identifying the Vehicle requested to be booked and the amount of the Vehicle Rental Cost to be payable at the time of Reservation  (which may be 100% of the Vehicle Rental Cost or a lower percentage, as expressly indicated prior to the conclusion of the booking).

    To confirm the payment, you shall have to click on the "Authorise Payment" button.  Prior to concluding the Reservation, you should check all the information that you enter and correct any errors, as once your request is submitted, we will begin processing it immediately.

    1.3 Reservation confirmation. After you place a Reservation, we will send you a confirmation e-mail acknowledging receipt of the Reservation and the contractual provisions including these Terms.

    1.4 Right of withdrawal. In accordance with the provisions of Article 103 a) of the General Law for the Protection of Consumers and Users, you have no right of withdrawal from the time of Reservation provided that the contract between you and Oscar consisting of putting you in contact with a Partner has been fully executed.

    1.5 Conclusion of Vehicle Rental Agreements with Partners and insurance contracting. Oscar is not a party to any vehicle rental agreement between you and a Partner (“Vehicle Rental Agreement(s)”) and does not offer Vehicle Rental Services nor does our Platform allow the conclusion of Vehicle Rental Agreements. Likewise, if you decide to take out insurance through the Platform, you will be entering into an insurance contract between you and the insurer, subject to the terms and conditions of the policy, to which Oscar is not a party. For more information on Oscar's role in your use of the Platform, please check clause 1.3. of Section B (“General Terms”).

    2. CANCELLATION POLICY
    Cancellation of a Reservation by the Consumer or the Partner after the Reservation has been confirmed shall be subject to the following:

    2.1 If the Consumer cancels more than 48 hours before the scheduled pick-up time of the Vehicle, a cancellation fee equivalent to 25% of the Vehicle Rental Cost will be charged to the Consumer.

    2.2 If the Consumer cancels less than 48 hours before the scheduled pick-up time of the Vehicle, or if Consumer has not arrived at the pick-up point after the agreed time, no refund will be issued. If the amount paid at the time of the Reservation is less than 100% of the Vehicle Rental Cost, Oscar, through its Payment Services Provider, shall be entitled to collect the remaining amount.

    2.3 In case the cancellation is made by the Partner, the Consumer will be refunded the total amount paid at the time of Reservation.

    Oscar, through its Payment Services Provider, will process refunds and/or compensations immediately; however, the timeframe for receiving refunds will depend on the Payment Method and the rules of the applicable payment system.

    3. TERMINATION AND SUSPENSION
    Without prejudice to clause 3.3 (Term, Termination and Suspension) of Section B (General Terms) of these Terms, Oscar may suspend, limit, or terminate your access to or use of the Platform on thirty (30) days’ notice to you. Additionally, we may terminate these Terms or suspend or terminate your access to the Platform immediately in the event (i) we reasonably suspect that you may have breached these Terms or (ii) your use of the Platform is adversely affecting the performance or operation of the Platform. Oscar’s policy is to disable or terminate the accounts of Users who repeatedly infringe intellectual property rights of others, including copyrights.

    4. GOVERNING LAW AND JURISDCTION

    4.1 Governing law and Jurisdiction. If you are a Consumer based in the UK or in the European Union and we direct the Platform to the country in which you are resident, you will benefit from the mandatory provisions of the law of the country in which you are resident. In addition, if you are a Consumer you may bring any dispute which may arise under these Terms to, at your discretion, either the competent court of Madrid (Spain), or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State. Oscar shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is within the UK or is in an EU Member State.

    4.2 ODR Platform. If you are a Consumer who is resident in the European Union and you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. Oscar is not obliged to participate in online dispute resolution. 

    D. SPECIFIC TERMS TO PARTNERS

    In this Section D when we refer to “you” or “your” we mean you, the person accepting these Terms and accessing the Platform acting as a Partner. When we refer to “we” or “our”, we mean Oscar. 

    If you are accepting these Terms on behalf as a Partner of your employer or another business you represent and warrant to us that: (a) you have the full legal authority to bind your employer or that business; and (b) you agree to these Terms on behalf of the business that you represent. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Vehicle Rental Services. 

    1. ADDITIONAL OBLIGATIONS & WARRANTIES

    1.1 Compliance with your legal obligations and responsibilities. You further acknowledge that you are solely responsible for determining and fulfilling your obligations under any laws, rules, regulations, contracts with third parties, applicable to the posting of your Adverts and the conduct of your business, relating, among others, to permits or license requirements, insurances, taxes, labour and social obligations, data and privacy, as applicable. You also acknowledge that any Vehicle that you post on the Platform will be clean and in optimal conditions for renting by a Consumer and in compliance, among others, with any safety conditions and periodic maintenance obligation that are applicable to the use of the Vehicle (including a valid MOT Certificate) and the provision of Vehicle Rental Services.

    1.2 Creating and posting Adverts. As Partner, you can create and enter information on the Platform about the Vehicle(s) you intend to rent. You recognise that you are solely responsible for the content of the Advert you post on the Platform and compliance with all laws pertaining to such content including, but not limited to, laws requiring you to obtain licenses to use any content owned by others, and you will hold us harmless for any liability arising from said content. You undertake not to post an Advert for a Vehicle that you do not own or are not authorised to use for the provision of Vehicle Rental Services. You also represent and warrant the accuracy and truthfulness of all information contained in your Advert. Oscar reserves the right to not post or to remove, at any time, any Advert that does not comply with these Terms or that it considers as damaging to its image, that of the Platform, or as in any other way unlawful or inappropriate. If Oscar does so, Oscar shall provide you with a written statement of reasons for its decision.

    1.3 Conclusion of Vehicle Rental Agreements with Consumers. Oscar is not a party to any Vehicle Rental Agreement between you and the Consumer. At no time does Oscar offer Vehicle Rental Services nor does our Platform allow the conclusion of Vehicle Rental Agreements. In accordance with the legislation in force, you shall be exclusively responsible for complying, among the rest of your obligations described in these Terms, with the duties of pre-contractual and contractual information to the Consumers who, on the basis of the Adverts posted on the Platform, wish to rent a Vehicle directly from you. You undertake that any terms, policies or conditions (including prices) that you incorporate in any Vehicle Rental Agreement with Consumers must be consistent with these Terms and the information provided in your Advert.

    2. COMMISSIONS AND PAYMENT
    2.1 Commissions. Access to and registration on the Platform are free of charge. However, Oscar will charge some fees (“Commission/s”) to Partners over the Vehicle Rental Cost (VAT included) as detailed as follows:

    • A: Commissions for the conclusion of Bookings through the Platform.

    In case of Short-Term booking (for a period equal to or less than 28 days) the Commission will be 2o% over the Vehicle Rental Cost.

    In case of Long-Term booking (for a period of more than 28 days) the Commission will be 10% over the Vehicle Rental Cost.

    • B: Commissions for the management of Vehicle Replacement through the Platform.

    5% over the Vehicle Rental Cost.

    • C: Commissions for the collection of Other Amounts (which may include damages, parking tickets, speeding tickets and similar concepts) from the Consumer through the Platform.

    1,5% over the relevant amount.

    2.2 Payment to Partners. The payment term to Partners will depend on the type of booking (i.e.     Short-Term Booking or Long-Term Booking) and on the type of Commission:

    2.2.1 Payments related to (a) Short-Term Bookings (for a period equal to or less than 28 days) and (b) management of Vehicle Replacement. The payments are subject to the Partner having previously "Closed the Booking". It is understood that the Partner has Closed the Booking when the Consumer has paid the total Vehicle Rental Cost to Oscar (through the Payment Services Provider) and the Partner has checked that the Vehicle is returned in optimal conditions in accordance with the terms and conditions of the Vehicle Rental Agreement. Once the Partner has Closed the Booking, Oscar, through the Payment Services Provider, shall pay the Partner the amount corresponding to the total sum paid by the Consumer less the corresponding Commission set out above. Payments will generally take place on Monday of the second week after the Partner has Closed the Booking. For example, if a Partner has Closed the Booking on Wednesday of week 20, it will be paid on Monday of week 22.

    2.2.2 Payments related to Long-Term Bookings (for a period of more than 28 days) are paid on a monthly basis. The first monthly instalment is charged to the Consumer at the time of Reservation, and the remaining instalments are charged to the Consumer on a monthly basis. Once the Consumer has been charged the monthly amount, Oscar, through the Payment Services Provider, shall pay the Partner the monthly amount less the corresponding Commission (i.e. 10%) set out above. Payments will generally take place on Monday of the second week after having charged the monthly amount to the Consumer. For example, if a Consumer has been charged on Wednesday of week 20, the Partner will be paid on Monday of week 22.

    2.2.3 Payments related to the collection of Other Amounts (as defined above). On any Other Amounts that the Partner receives from the Consumer through the Payment Services Provider, Oscar will charge 1.5% as indicated in section 2.1. above.

    • 2.3 Payment to Partners. The payment term to Partners will depend on the type of booking (i.e.     Short-Term Booking or Long-Term Booking) and on the type of Commission.
    • 2.4 Payment to Partners. The payment term to Partners will depend on the type of booking (i.e.     Short-Term Booking or Long-Term Booking) and on the type of Commission:
    • 2.5 Payment in case of cancellation / cancellation Policy. Cancellation of a Reservation by the Consumer or the Partner after the Reservation has been confirmed shall be subject to the following:

      A: If the Consumer cancels more than 48 hours before the scheduled pick-up time of the Vehicle, a cancellation fee equivalent to 25% of the Vehicle Rental Cost will be charged to the Consumer. Said 25% cancellation fee charged to the Consumer will be distributed as follows:

          • In case of Short-Term booking: 20% will be payable to Oscar and 80% to Partners.
          • In case of Long-Term booking: 10% will be payable to Oscar and 90% to Partners.

          B: If the Consumer cancels less than 48 hours before the scheduled pick-up time of the Vehicle, or if Consumer has not arrived at the pick-up point after the agreed time, no refund will be issued. If the amount paid at the time of the Reservation is less than 100% of the Vehicle Rental Cost, Oscar, through its Payment Services Provider, shall be entitled to collect the remaining amount. The Partner will be compensated the full Vehicle Rental Cost, and the Commissions for the conclusion of Bookings through the Platform will be retained by Oscar.

          C: In case the cancellation is made by the Partner, the Consumer will be refunded the total amount paid at the time of cancellation.

          Oscar, through its Payment Services Provider, will process refunds and/or compensations immediately; however, the timeframe for receiving refunds will depend on the Payment Method and the rules of the applicable payment system.

          3. MISCELLANEUS

          3.1 Independent Relationship. If you are a Partner your relationship with Oscar is limited to being an independent third-party contractor, and not an employee, agent, joint venturer, franchisee, sales representative, or partner of Oscar for any reason, and you act exclusively on your own (or your business’) behalf and for your own (or your business’) benefit, and not on behalf, or for the benefit, of Oscar. Oscar does not, and shall not be deemed to, direct or control you or your performance under these Terms, and you agree that you have complete discretion whether and when to provide Vehicle Rental Services and at what price and on what terms to offer them.

          3.2 Entire Agreement. These Terms and any documents incorporated into these Terms by reference constitute the entire agreement and understanding of the parties relating to the Platform and supersede any previous agreement or understanding between the parties in relation to such subject matter. Each party acknowledges that in entering into these Terms it has not relied upon any oral or written statements, collateral or other warranties, assurances, representations or undertakings which were made by or on behalf of any other party in relation to the Platform at any time before the date that these Terms are entered into, other than those which are set out in these Terms.

          3.3 Change of Control You must immediately inform us of any change of control, organisational, regulatory or administrative change or any anomaly or incident that may affect the performance of your obligations under these Terms.

          3.4 Governing law and Jurisdiction. These Terms are governed by Spanish law. This means that your access to and use of the Platform and any dispute or claim arising out of or in connection with the Platform or these Terms (including non-contractual disputes or claims) will be governed by Spanish law. You and Oscar irrevocably agree that the courts of the city of Madrid (Spain) shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.

          3.5 Internal complaints-handling process Oscar has an internal complaint-handling system that is available to you free of charge. If you wish to make a complaint related to any of the following, where they affect you in particular: (i) concerns about Oscar’s compliance with its obligations under the “Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online information services” (“P2B Regulation”); (ii) technological issues directly related to Oscar’s provision of the Platform to you; or (iii) measures taken by Oscar in respect of its provision of the Platform which affect you; please contact Oscar using the details provided in clause 8 of Section B (General Terms). Your complaint will be reviewed and forwarded to the appropriate internal resources to consider the concern you have raised.

           

          Last Updated: 26th of august 2021