Conditions of use

General Terms and Conditions of Subscription

Subject matter and scope
Platform registration procedure
Territorial scope of use of the Services
Duration
Vehicle use and prohibitions
Price
Security deposit
Method of payment
Delivery and return of the Vehicle
Replacement of the Vehicle covered by the Contract
Geolocation of Vehicles
Vehicle maintenance
Modification of subscription
Prior cancellation of subscription
Early termination of subscription
Vehicle insurance
Accidents and theft
Fines
Liability
Termination of the Contract
Protection of personal data
Intellectual property
Assignment of the Contract
Applicable law and competent jurisdiction

1. Subject matter and scope

The purpose of these general terms and conditions (hereinafter referred to as the “General Conditions”) is to regulate the rights and obligations of the Parties to any contract for the hire of Vehicles without driver entered into between Astara Move Switzerland AG, a Swiss company with registered office at Richtiplatz 5, 8304 Wallisellen, with the Commercial Register number CHE-196.722.773 and e-mail address hello.ch@astaramove.com, (hereinafter referred to as “ASTARA”), and the User duly registered on the website or mobile application (hereinafter referred to as the “User” or the “Users”). The driverless car rental service is a service for short periods, depending on the subscription chosen by the User on the ASTARA Platform (hereinafter referred to as the “Services”) through its mobile application or website (hereinafter jointly referred to as the “Platform”). ASTARA and the User may be referred to individually as the “Party” and collectively as the “Parties”.

By accepting these General Conditions, the User expressly recognises them and it is understood that they are concluded at the time the User concludes the Contract; it is understood that the completion of all the stages of the electronic Contract and the provision of all the data requested, together with the satisfactory completion of payment, where applicable, is a direct expression of the User’s acceptance of these General Conditions.

Contracts concluded by electronic means will produce all the effects provided for by the legal system when consent and the other requirements necessary for their validity are met. In any case, the electronic medium containing these General Conditions and the Contract concluded electronically are admissible as documentary evidence in the event of a dispute between the Parties.

These General Conditions are considered an integral part of the Contract (as defined in the following paragraph) for all purposes, together with the particular conditions (hereinafter referred to as the “Special Conditions”) once they are signed by the User, who shall keep a copy as proof that he/she has read them in their entirety before signing, and of his/her express acceptance. The Special Conditions regulate the specific conditions of the rental (details of the Parties, prices, duration, insurance coverage, number and characteristics of the Vehicle(s) made available to the User [hereinafter referred to as the “Vehicle” or “Vehicles”], type of rental, method of payment, etc.).

These General Conditions may be updated at any time. We remind the User to read these General Conditions carefully before using the Services, even if he/she has done so before.

The signing by the User and ASTARA of these General Conditions, as well as the corresponding Special Conditions, implies the formalisation of the rental Contract (hereinafter referred to as the “Contract”).

2. Platform registration procedure

2.1. Registration on the Platform

To register on the Platform, the User must include an e-mail address and create an access password of their choice, in accordance with the complexity rules set by ASTARA from time to time. Once the User has registered, he/she will be asked for various details and documents that will be necessary to formalise the Vehicle lease. The data and/or documents that may be requested from the User will be the following:

– User’s full first name and surname

– User’s date of birth

– User’s driving licence valid in Switzerland in force

– User’s contact telephone number

– User’s e-mail address

– User’s postal address in Switzerland (providing proof of address, such as a utility bill, etc.)

– User’s credit or debit card

The data provided must be accurate, complete and truthful, and the User must keep them updated at all times.

The User’s account is personal and non-transferable. The User undertakes not to allow access to or use of his/her account by any third party. Likewise, the User is responsible for the diligent use of the password and is obliged to maintain the confidentiality of his/her account data. To the extent permitted by applicable law, the User assumes responsibility for his/her account and is liable for damages resulting from all activities carried out from his/her account or using his/her password, especially if such breach results in damage, theft or misuse of a Vehicle. The User must immediately inform ASTARA by sending an e-mail to hello.ch@astaramove.com or by calling 0800 80 80 10 if he/she believes that his/her password is being used in an unauthorised manner.

The User may change his/her password when he/she deems it appropriate, for example, because he/she suspects or establishes that the confidentiality of the password has been breached.

2.2. Consultation and inclusion of debt default data in common credit reporting systems

During the subscription process, ASTARA will carry out an analysis of the User’s financial solvency, using the data provided during registration. ASTARA reserves the right to consult solvency and default files through the provider EXPERIAN. If the minimum requirements for leasing a Vehicle are not met, ASTARA reserves the right to cancel the subscription request.

If the User does not meet his/her financial obligations and, as a result, defaults on a certain, due and payable debt, ASTARA will proceed to communicate the identification data and the data related to the outstanding debt to the entities responsible for common credit information systems (central credit information centre: ZEK – Verein zur Führung einer Zentralstelle für Kreditinformation), in accordance with the applicable regulations.

Costs in case of late payment: Processing fees (at the earliest after two written reminders after the invoice date, when handed over to debt collection service providers) will be invoiced to the customer in accordance with www.fairpay.ch.

3. Territorial scope of use of the Services

The territorial scope of application of these General Conditions and, consequently, the territory in which the rented Vehicle may be used, is the following:

The Vehicle is to be used primarily in Switzerland. The Vehicles of Astara Move and its Astara Move partners are allowed to be driven in Europe and the countries bordering the Mediterranean Sea excluding Algeria, Armenia, Azerbaijan, Belarus, Egypt, Georgia, Iran, Israel, Kazakhstan, Kosovo, Lebanon, Libya, Russian Federation, Syria, Ukraine.

Failure to comply with the provisions of this Condition, i.e. taking the Vehicle outside the permitted countries, as listed above, will result in a one-off penalty of CHF 1,000. Likewise, ASTARA may, where appropriate, request the User to pay the cost of the tow truck, as well as the management costs corresponding to the recovery of the Vehicle. ASTARA also reserves the right to cancel the subscription to the Services.

4. Duration

The minimum period of subscription to the Services and, therefore, of use of the Vehicle, is one month, unless a different duration period is stipulated in the Special Conditions (hereinafter referred to as the “Initial Subscription Period”).

At the end of the Initial Subscription Period, the Initial Subscription Period will be automatically renewed every month (regardless of the package type), unless another term is provided for in the Special Conditions and provided that neither Party, through the Platform or by e-mail, has expressly notified the other of its intention not to renew the Contract, at least 15 calendar days before the end date of the Initial Subscription Period or any of its renewals.

If the Parties do not communicate the non-renewal (cancellation) of the Contract in accordance with the above paragraph, the subscription will be automatically renewed for an additional period of one month.

5. Use of the Vehicle and prohibitions

The User declares that he/she is aware of and undertakes to inform the persons who will use the Vehicle of its driving characteristics. Likewise, he/she declares to be in possession of a driving license valid in Switzerland for the category of Vehicle subscribed and to be at least 18 years old.

The following are expressly prohibited (including but not limited to):

a) Offering both the Vehicle and the lease contract as collateral. Failure to comply with this prohibition will result in a charge to the User’s credit or debit card of the total value of the Vehicle as compensation.

b) Transporting passengers for profit. The Platform and its Vehicles must not be used for the activity of renting Vehicles with a driver. Failure to comply with this prohibition will result in a charge to the User’s credit or debit card of the total value of the excess set out in Condition 16 “Vehicle insurance” as a penalty.

c) Tampering with the Vehicle’s odometer. The User must furthermore immediately notify ASTARA of any incident in this regard. Failure to comply with this prohibition will result in a charge to the User’s credit or debit card of the total value of the excess set out in Condition 16 “Vehicle insurance” as a penalty.

d) Using the ASTARA Vehicle for races, competitions or challenges of any kind, as well as for driving practice. Failure to comply with this prohibition will result in a charge to the User’s credit or debit card of the total value of the excess set out in Condition 17 “Vehicle insurance” as a penalty.

e) Transporting live animals (with the exception of pets and/or domestic animals, subject to prior written authorisation from ASTARA). Failure to comply with this prohibition will result in a charge to the User’s credit or debit card as a penalty, the amount of which will be communicated to the User sufficiently in advance.

f) Giving driving lessons. Failure to comply with this prohibition will result in a charge to the User’s credit or debit card as a penalty, the amount of which will be communicated to the User sufficiently in advance.

g) Using the Vehicle to push or tow other vehicles or any other object. Failure to comply with this prohibition will result in a charge to the User’s credit or debit card of the total value of the excess set out in Condition 16 “Vehicle insurance” as a penalty.

h) Using the Vehicle in case of risk, especially in the case of the alarm lights on the dashboard lighting up, in which case the User must immediately inform ASTARA. Failure to comply with this prohibition will result in a charge to the User’s credit or debit card as a penalty, the amount of which will be communicated to the User sufficiently in advance.

i) Smoking, vaping or using any type of electronic cigarette inside the Vehicle. Failure to comply with this prohibition will result in a charge to the User’s credit or debit card as a penalty, the amount of which will be communicated to the User sufficiently in advance.

j) Driving on gravel tracks or unpaved roads whose surface or condition could pose a risk of damage to the tyres, to the underbody of the Vehicle or to the Vehicle itself. Failure to comply with this prohibition will result in a charge to the User’s credit or debit card of the total value of the Vehicle as a penalty.

k) Driving inside the premises of ports, airports, factories, aerodromes and/or similar facilities not accessible to public traffic, as well as the premises or facilities of refineries and oil companies, or sports tracks, unless express prior written authorisation has been given by ASTARA. Failure to comply with this prohibition will result in a charge to the User’s credit or debit card of the total value of the excess set out in Condition 16 “Vehicle insurance” as a penalty.

l) Transporting the Vehicle on board any type of ship, train, lorry or aircraft, unless expressly authorised in writing in advance by ASTARA. Failure to comply with this prohibition will result in a charge to the User’s credit or debit card of the total value of the excess set out in Condition 16 “Vehicle insurance” as a penalty.

m) Displaying any kind of advertising or signs on the Vehicle, especially on its exterior, without prior agreement with ASTARA. In the event that ASTARA’s authorisation has been obtained, the Vehicle must be returned in the same condition in which it was delivered to the User. Failure to comply with this prohibition will result in a charge to the User’s credit or debit card as a penalty, the amount of which will be communicated to the User sufficiently in advance, without prejudice to the amounts that may be claimed for damage to the Vehicle as a result of the installation of such advertising, including possible administrative penalties.

n) Consuming any type of drink or food inside the Vehicle. Failure to comply with this prohibition will result in a charge to the User’s credit or debit card as a penalty, the amount of which will be communicated to the User sufficiently in advance.

o) Carrying out any modification, intervention or replacement of parts on the Vehicle, its keys, equipment, tools and accessories. Failure to comply with this prohibition will result in a charge to the User’s credit or debit card as a penalty, the amount of which will be communicated to the User sufficiently in advance.

p) Refuelling the Vehicle with unsuitable fuel. Failure to comply with this prohibition will result in a charge to the User’s credit or debit card as a penalty, the amount of which will be communicated to the User sufficiently in advance.

The fulfilment of any of the prohibitions listed above or any other prohibition that implies a prejudice to ASTARA will be cause for immediate termination of the Contract in accordance with the provisions of Condition 20 “Termination of the Contract”.

6. Price

The subscription models together with their rates and conditions associated with each Vehicle are provided on the Platform, and the price of the lease may vary depending on the subscription selected by the User. The price of the subscription includes:

– Lease price

– Kilometres included in the subscription: 2000km per month included in the subscription. If the 2000km are not reached during a month, the difference between the 2000km and the kilometres driven will be credited in the next contract month. A compensation of unused kilometres at the end of the rental period is excluded.

If more than the contractually agreed kilometres have been consumed by the end of the rental period, each additional kilometre will be charged at CHF 0,45.

– Taxes (incl. Vignette)

– Tires and change of tires depending on the season in an Astara Move partner garage

– Insurance (details are included in Condition 16 “Vehicle insurance”)

– Maintenance

The final fee to be charged to the User will be detailed in the Special Conditions.

If the User subscribes month after month indefinitely, the User is responsible for informing himself/herself at each monthly renewal period of the prices and subscriptions, which will be updated in due course.

7. Security deposit

In the subscription application process, ASTARA may charge the User a security deposit, the minimum amount of which is equivalent to one month’s subscription. In any case, the amount corresponding to the security deposit will be fixed in the User’s particular conditions.

In this case, the User must pay the security deposit between 24 and 48 hours before the start of the Vehicle rental period, and it will be refunded to the User at the end of the Contract and within a period not exceeding 10 days, provided that the User is up to date with any payments derived from said subscription.

The security deposit must be paid by the User in accordance with the provisions of Condition 8 (“Method of payment”). If it is not possible to make such a security deposit, ASTARA may refuse the Services to the User.

8. Method of payment

The payment of the amount due for the Services will be made through the Platform provided by an external entity, which will in any case be hosted on a Platform under the SSL secure protocol.

Payment will be made by credit or debit card. The Contract will only be effective when ASTARA receives confirmation of payment from the entity that owns the secure payment gateway. ASTARA will issue the corresponding invoice for the contracted Services electronically to the e-mail account provided by the User in the subscription process. If the transaction is denied for any reason by the entity, or if the full amount corresponding to the amount of the Services is not paid (including, if applicable, surcharges for management fees and commissions), the subscription will be suspended, informing the User that the transaction has not been finalised.

Once the User has formalised the subscription, ASTARA will send the User an e-mail containing all the information related to the subscription. This information will be available at all times in the User’s account on the Platform.

9. Delivery and return of the Vehicle

Delivery takes place at the time when ASTARA makes the Vehicle selected by subscribing to the Services available to the User, and return takes place at the time when, at the end of the Services, the User returns the Vehicle to ASTARA.

Vehicles are normally delivered and returned at one of the operations centres designated by ASTARA unless a different location is established in the Special Conditions. The delivery and return is carried out by a person with appropriate rights given by ASTARA (hereinafter referred to as the “Agent”), on the day and time to be agreed at least 48 hours before the start of the subscription. If a person other than the User collects or returns the Vehicle, the User must provide, in writing and with the same advance notice (48 hours), the identification details of the authorised person so that he/she can collect or return the Vehicle.

If deliveries and returns are made to a location other than ASTARA’s operations centre, ASTARA will charge the User a flat rate as set out in the subscription process. The cost of transport will be charged between 72 and 48 hours before the start of the subscription period, and the amount paid cannot be refunded in the event of cancellation of the subscription.

Likewise, if deliveries and returns are made to a location other than ASTARA’s operations centre, ASTARA may make changes to the time and/or address of delivery due to circumstances beyond ASTARA’s control, including but not limited to traffic circumstances, street closures, sewer cleaning tasks or any other circumstance that may affect traffic, in which case, ASTARA will contact the User as soon as possible to inform him/her and agree on another address and time of delivery or return.

9.1. Delivery

At the time of delivery of the Vehicle, the Agent will ask the User for the original documentation proving that he/she is over 18 years of age and that he/she holds a valid driving licence in Switzerland. Likewise, the Agent shall check the Vehicle in order to issue a report reflecting its condition at the time of delivery. If the delivery is not made at one of ASTARA’s logistics centres, the report will be made before the Vehicle leaves said centres. ASTARA will send the customer the report that certifies the condition of the Vehicle at the time of this inspection.

The Agent reserves the right to refuse the rental in cases where it considers that the rental cannot be carried out correctly with all the guarantees or if the User does not comply with the requirements set out.

Likewise, if the User is more than 30 minutes later than the agreed time, or does not show up without prior notice, ASTARA will be entitled to charge the User for all the expenses that such an incident may have caused, as well as to cancel the subscription with the consequent loss of the guarantee deposit.

The User may terminate the subscription within a maximum period of 48 hours after delivery of the Vehicle, provided that the Vehicle does not correspond to the one initially subscribed. In this case, ASTARA will refund the full amount of the fee once the correct condition of the Vehicle has been verified.

9.2. Return

Upon return of the Vehicle, ASTARA will carry out a comprehensive inspection to check the condition of the Vehicle. This includes:

– Fuel tank level. In the event of being returned with a lower level of fuel, the difference will be invoiced to the User in accordance with the average market rate at this time, as well as an additional charge of CHF 30 plus VAT for the refuelling service.

– External condition of the Vehicle. Including but not limited to: bodywork, tyres, windows, etc. If any damage is found, ASTARA will use the prices included in this table as a basis for charging the User for the necessary repairs or reconditioning.

– Interior condition of the Vehicle. The Vehicle will be checked for cleanliness at the time of delivery. ASTARA may charge a surcharge for the cleaning of the passenger compartment if the Vehicle is not returned with a minimum of care. This amount will be communicated to the User sufficiently in advance. In any case, cleaning will be at the User’s expense in the following cases: pet hair, dirt on the upholstery, bad smells, etc.
Likewise, the Vehicle must be returned with all the complementary equipment and/or accessories with which it was delivered (including but not limited to emergency kit, spare wheel, wheel change and/or repair kit, tools, anchorages, documentation, floor mats, charging system cable in the case of electric or hybrid Vehicles, etc.).

ASTARA will issue a report on the condition of the Vehicle at the time of its return. If any repairs or adjustments need to be carried out to ensure the correct functioning of the Vehicle, the full amount will be reflected in said report based on the reference prices indicated above. The corresponding charge will be charged to the credit or debit card provided by the User during the subscription process.

If the Vehicle is not returned to one of ASTARA’s operations centres, the Vehicle will not be checked until it arrives at these centres and is inspected by their staff. In any case, the inspection and the consequent report accrediting the condition of the Vehicle will not be carried out at the time of the external collection.

If the Vehicle is not returned on the agreed date and after 24 hours without having heard from the User, ASTARA may consider that the Vehicle has been misappropriated and inform the competent local authorities, as well as proceed to block the Vehicle in accordance with Condition 11 “Geolocation of Vehicles”. A surcharge of CHF 50 plus VAT will also be applied for each extra day, in addition to the corresponding financial penalty for an amount equivalent to the residual value of the Vehicle.

10. Replacement of the Vehicle covered by the Contract

ASTARA may require to replace the leased Vehicle, in which case the User must return it within a period not exceeding seven days from ASTARA’s communication. The User will in this case be offered a Vehicle with the same or similar characteristics as the one initially subscribed. If the new subscription fee differs from the initially agreed one, the latter will be maintained for one additional month. After this period, the fee will be updated according to the corresponding rate published on the ASTARA Platform.

11. Geolocation of Vehicles

The leased Vehicles are equipped with GPS monitoring and geolocation systems or similar devices that will allow ASTARA to access information regarding the status of the Vehicle and driving mode, in accordance with the provisions of the Privacy Policy. Likewise, with the placement of such devices, ASTARA reserves the right to access the blocking control in cases of non-payment, fraudulent use or reckless driving.

In the event of blocking and removal of the Vehicle, ASTARA is not responsible for any goods or objects that may remain inside the Vehicle. However, ASTARA will proceed to make an inventory of them and hold them for collection by the User at the place indicated by ASTARA for 15 days following the removal of the Vehicle.

12. Vehicle maintenance

During the subscription, ASTARA shall inform the User in due time of the need to carry out the ordinary maintenance recommended by the manufacturer. Likewise, the User shall inform ASTARA of any warning light appearing on the Vehicle’s dashboard. In any of the cases, ASTARA shall inform the User of the workshop where the maintenance tasks must be carried out. ASTARA will not provide a replacement Vehicle during the maintenance work.

In the event of non-compliance with the aforementioned maintenance obligations, the User will be liable to ASTARA for any detrimental consequences. In addition, the User’s credit or debit card will be charged as a penalty, the amount of which will be communicated to the User sufficiently in advance. Cancellation of the subscription to the service will be at ASTARA’s discretion.

13. Modification of subscription

Subscription requests made through the Platform before the collection of the Vehicle must not be modified. Instead, the User must take out a new monthly subscription. However, ASTARA will make its best efforts to meet the User’s request, as long as they are requested at least 48 hours before the date and time of collection of the Vehicle and are modifications relating only to the delivery conditions, excluding those relating to the nature, accessories or options of the Vehicle.

For any modification of the current subscription, the User must cancel it and make a new one from the Platform with the consequent application of the corresponding charge, which will be communicated sufficiently in advance.

14. Prior cancellation of subscription

In case of cancellation of a subscription request before the collection of the Vehicle, the User must contact ASTARA through the Platform at least 48 hours before the delivery of the Vehicle. If the cancellation is communicated within 24 hours after signing the subscription, no penalty will be applied. If the cancellation is communicated after the initial 24 hours after signing the subscription, a one-month penalty will be charged, subject to the initially agreed fee.

15. Early termination of subscription

If the User has subscribed for a period of more than one month and decides to terminate the subscription early, ASTARA reserves the right to charge penalties in accordance with Condition 3 of the Special Conditions.

16. Vehicle insurance

The client is insured for the duration of the rental relationship by the Astara Move insurance partner Zürich Versicherungs-Gesellschaft AG, Postfach, 8085 Zürich (hereinafter referred to as Zürich Insurance). The insurance coverage depends on the insurance package booked by the customer:

Basic Insurance (included in the subscription price) which includes the following coverage:

• Third party liability: The Third-party liability Insurance covers property damage and bodily injury that you cause to third parties with the abo car. If you are above 25 years old, you do not have to pay a deductible in the event of a third-party liability claim. If you are under 25 years old, the deductible will be CHF 1000 in the event of a third-party liability claim.

• Partial Casco: In the partial casco insurance, your abo car is insured partial casco risk as theft, fire, damage caused by natural hazards, animals, glass + headlamp damages (Glas Plus), malicious damage. You do not have to pay a deductible in the event of a partial casco claim.

• Collision: Collision accidental damage insurance covers damage to your own car caused by a collision with a deductible of CHF 1’000 per impact. If you are under 25 years old, the deductible will be CHF 2000 per impact in the event of a collision claim.

• Roadside assistance Europe: 24 hours a day, 7 days a week, with replacement vehicle

Optimum Insurance (option) which includes the following coverage:

• Collision: Collision accidental damage insurance covers damage to your own car caused by a collision with a deductible of CHF 500 per impact. If you are under 25 years old, the deductible will be CHF 1500 per impact in the event of a collision claim.

• Roadside assistance Europe: 24 hours a day, 7 days a week, with replacement vehicle

Premium Insurance (option) which includes the following coverage:

• Collision: Collision accidental damage insurance covers damage to your own car caused by a collision with a deductible of CHF 250 per impact. If you are under 25 years old, the deductible will be CHF 1250 per impact in the event of a collision claim.

• Parking damage insurance: Your abo car is covered against damage caused when the car is parked, with CHF 0 deductible, unlimited value coverage per event and max 2 events per calendar year.

• Roadside assistance Europe: 24 hours a day, 7 days a week, with replacement vehicle

Examples of damages that are not covered by the insurance policy include, but are not limited to, the following:

A) Parking damage only available with the Premium Insurance

B) Wheel rim and tire protection

C) Damage to the interior of the Vehicle

D) Damage caused by improper use of the Vehicle

E) Lack of foresight in relation to the fuel or, in the case of electric Vehicles, the battery

F) The costs of administrative management resulting from the damage or theft of the Vehicle

In any case, the insurance will be invalidated if the User does not comply with any of the assumptions mentioned in Condition 5 “Use of the Vehicle and prohibitions”, and the User will be liable for the totality of the damages caused to the Vehicle, as well as for the days during which the Vehicle is out of use.

17. Accidents and theft

17.1 Accidents and theft

In the event of an accident due to the User’s own fault or that of a third party, the User must immediately notify the corresponding police authority. If it is not possible to contact them, the User or the driver must notify the nearest police authority. Likewise, the User must complete a descriptive accident report, whether it is the User’s own fault or that of a third party, with as much detail as possible. This report must contain, including but not limited to, all available and required information, including the signature of the drivers.

If the other party refuses to sign, the User must request the presence of the police on site to clarify the facts, otherwise, the User will be held solely responsible for the accident, unless the User provides evidence to the contrary.

The User undertakes to immediately inform ASTARA of any claim that may occur and, in any case, within a maximum period of 24 hours, and to immediately process any letters, summons and notifications that may refer to such claim, providing full cooperation to ASTARA and the insurance company in the investigation and to collaborate in the defence of any claim and process.

In the event of non-compliance by the User with the obligation to notify ASTARA within a maximum period of 24 hours, the User shall assume all costs associated with the repair.

Any notice or notification in this regard may be made by sending an e-mail to hello.ch@astaramove.com, or by calling 0800 80 80 10.

17.2 Replacement Vehicle

If the accident or breakdown was not the User’s own fault, ASTARA may provide the User with a replacement Vehicle with similar characteristics to the rented Vehicle, free of charge and subject to availability, provided that the Vehicle is out of use in the workshop for more than 72 hours. If it is not possible to offer a replacement Vehicle, ASTARA reserves the right to reimburse the fee proportional to the days not used.

The delivery of the replacement Vehicle will be made at one of ASTARA’s operations centres. If the delivery is made to a location other than an ASTARA operations centre, the cost of transport must be borne by the User.

If the accident was the User’s own fault, ASTARA does not guarantee the provision of the Vehicle and, in any case, it will be offered on the condition that the total value of the excess established in Condition 16 “Vehicle insurance” is paid. In no case will ASTARA reimburse the fee proportional to the days not used.

18. Fines

The User is responsible for all fines and charges issued, as well as for the corresponding charges for late payment and judicial or extrajudicial expenses incurred by the driver as a result of the Services.

ASTARA, or any of its suppliers, will transfer any fine or charge received to the User listed on the official car documents.

Likewise, if the User is warned with a fine of more than CHF 1,000 or is a repeat offender with more than three fines, ASTARA reserves the right to immediately cancel the Services, and the User will be obliged to return the Vehicle in accordance with the provisions of Condition 9.2 “Return”.

19. Liability

19.1 User liability

In the event of a breach by the User of current regulations or any of the obligations of this Contract, ASTARA is entitled to claim all damages caused to the User, including not only consequential damages but also lost profits due to the unavailability of the Vehicle. These damages may include, but are not limited to, the value of the Vehicle, as well as any fines, tolls, penalties or sanctions that may be imposed on the rented Vehicle as a result of requirements made by public administrations to identify the offender or clarify other circumstances related to possible violations or offences. It may also include costs incurred for towing, expertise and legal costs.

The User assumes all liabilities arising from his/her behaviour, whether intentional, reckless or negligent, in relation to the care and use of the Vehicle; for the transfer of the Vehicle to a third party without ASTARA’s written authorisation, or for use other than the purpose stipulated in this Contract.

ASTARA is also entitled to initiate legal proceedings in order to claim the immediate return of the Vehicle if the Vehicle is not delivered on time or upon ASTARA’s request. In such a case, the protections and other additional contractual Services will have no effect.

The User is liable for any damage or expense caused by the use of the Vehicle unless such damage or expense is covered by an insurance company. If a third party makes a claim against ASTARA for such damages or expenses, the User shall assume liability and release ASTARA from such claims.

19.2 ASTARA liability

ASTARA is only liable for damages that the User may suffer from the use of the Platform. Examples of damages for which ASTARA is not liable include, but are not limited to, damages resulting from (i) interruptions, viruses, defects, failures, omissions or disconnections of the electronic system, communications system or its equipment for reasons beyond ASTARA’s control; (ii) delays or disruptions in the use of the Platform due to defects or overloading of the internet, lines or electrical or communications systems; or (iii) the unlawful actions of third parties beyond ASTARA’s control.

ASTARA is liable to the User for any damages that the User may suffer as a result of ASTARA’s breach of its obligations under the Contract, provided that such breach is not due to causes beyond ASTARA’s control.

20. Termination of the Contract

ASTARA reserves the right to unilaterally terminate the Contract at any time with seven days’ notice to the User.

In the event of termination of the Contract, the User is obliged to return the Vehicle, keys, documentation and accessories within a maximum period of 48 hours from the date on which the contractual termination becomes effective. If the User does not comply with the obligation to return the Vehicle, ASTARA reserves the right to block and remove the Vehicle wherever it is located.

In accordance with the provisions of Condition 19 “Liability”, ASTARA may claim the damages caused by such termination, including not only the consequential damage but also the loss of profit due to the unavailability of the Vehicle.

20.1 Termination for non-payment

ASTARA may terminate the Contract for non-compliance by the User with his/her payment obligations, provided that payment by the User is more than 48 hours late.

20.2 Other cases of termination

ASTARA may terminate the Contract if the User uses the Vehicle in an inappropriate manner, causes or is likely to cause damage to the Vehicle in a wilful or negligent manner, including failure to carry out maintenance or inspections when required to do so, causes or is likely to cause damage to persons or property, violates any legal regulation or there are reasonable grounds to believe that it may be violated, or if the driver is restricted from driving for any reason. The Contract will also be terminated for failure to comply with the applicable traffic regulations, or for failure to comply with any of the prohibitions set out in Condition 5 “Use of the Vehicle and prohibitions” and, in general, if the continuation of the rental relationship is not warranted under the circumstances, for example in the event of a high accident rate.

21. Protection of personal data

In accordance with the provisions of the Swiss Data Protection Act, the User is informed that ASTARA is responsible for the processing of the User’s personal data and will process them in order to allow the development, fulfilment and control of the agreed service provision relationship, as well as to create profiles of non-compliant customers (non-payment and fraudulent use or reckless driving) for future subscription requests.

The data will not be communicated to third parties unless this is legally required.

ASTARA also works with third-party risk assessment service providers who have access to the Users’ personal data and who process such data on our behalf.

The data will be kept for as long as the Contract remains in force. After the end of the Contract, the data will be kept, duly blocked, for as long as is necessary to comply with the legal obligations to which ASTARA may be subject or to meet any liabilities that may arise from their processing.

Users may exercise their rights of access, rectification, cancellation, objection, portability and restriction of processing, and, where applicable, may oppose the adoption of automated individual decisions that produce legal effects for the User, by submitting a written request to one of the following addresses, in each case accompanied by a copy of a document proving their identity and specifying the right or rights they wish to exercise.

Owner: Astara Move Switzerland AG

Registered office: Richtiplatz 5, 8304 Wallisellen

Commercial Register number: CHE-196.722.773

Telephone: 0800 80 80 10

E-mail: privacy.ch@astara.com

Furthermore, if the User considers his/her right to the protection of personal data to have been breached, he/she may lodge a complaint with the competent Supervisory Authority.

The User can find additional information on data protection in the Privacy Policy.

22. Intellectual property

All intellectual and industrial property rights of the Platform, as well as the contents and/or any other element inserted therein, including but not limited to trademarks, logos, trade names, text, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio and video (hereinafter referred to as the “IPR”) belong exclusively to ASTARA or third-party licensors. Under no circumstances will any right of ownership, assignment or sublease of the IPR be understood to be granted, except for the right to use those necessary for the use of the Services and the achievement of the Special Conditions.

The User must not perform or permit to be performed any act that may in any way impair or depreciate the value or validity of the IPR owned by ASTARA.

The User must not apply for registration of any trademark, name, symbol, logo, graphic, designation or any other element or material which is identical, similar or an addition to the IPR, or which is in any way likely to cause confusion with the IPR. The User must not use any of the IPR as part of the User’s company name, trade name or as a domain name.

23. Assignment of the Contract

The User must not assign the rights and obligations arising from this Contract to third parties and/or subcontract any of his/her obligations under this Contract without the express written consent of ASTARA. ASTARA reserves the right to subcontract the work necessary for the proper performance of the agreed Services, without the need to notify the User or obtain his/her express authorisation, and will remain liable to the User for the actions carried out by the subcontractors.

If ASTARA authorises the User to sublet the Vehicle covered by this Contract to third parties, the User will be solely responsible towards ASTARA for the acceptance and fulfilment of the obligations set out in the General and Special Conditions of ASTARA. If a subletter requests ASTARA to immobilise a sublet Vehicle, the subletter will be solely responsible for informing the user of the Vehicle in question and for any direct or indirect consequences arising from such immobilisation.

The transfer of the Contract to a third party without the express authorisation of ASTARA will lead to the immediate termination of the Contract, and the User will not be able to claim from ASTARA any amount already paid.

24. Applicable law and competent jurisdiction

These General Conditions are governed by Swiss law. In the event of any dispute or claim between the Parties in relation to the fulfilment or content of these General Conditions, the Parties agree to submit the decision of the matter to the courts and tribunals of Zurich, Switzerland.

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