Condiciones generales de uso
General Terms and Conditions of Subscription
1. Object and scope of application
2. Procedure for Registering on the Platform
2.1 Registering on the Platform
2.2 Consulting and in-putting details of debt non-payment on common credit information systems
3. Geographical area of use of the Services
4. Duration
5. Early termination of the subscription
6. Use of the Vehicle and prohibitions
7. Payments
7.1 What does the fee include?
7.2 Price
7.3 Form of payment
8. Security deposit
9. Vehicle collection and return
9.1 Vehicle collection
9.2 Vehicle return
10. Replacing the Vehicle that is the object of the contract
11. Vehicle geolocation
12. Vehicle maintenance
13. Non-application of the right of withdrawal
14. Vehicle insurance
15. Accidents and theft
15.1 Accidents and theft
15.2 Replacement vehicle
16. Fines
17. Liability
17.1 User liability
17.2 ASTARA liability
18. Termination of the contract
18.1 Termination for non-payment
18.2 Other causes of termination
19. Protection of personal data
20. Copyright
21. Assignment of the contract
22. Laws applicable and competent jurisdiction
1. Object and scope of application
The object of these general conditions of contracting (hereinafter, the “General Conditions”) is to regulate the rights and obligations of the parties in any contract for renting Driverless Vehicles entered into between ASTARA MOVE, S.L., a trading company of Spanish nationality with registered office at Avenida de Bruselas 32, 28108 Alcobendas, NIF [tax identification number] B88349345 and registered at Madrid Companies Registry in volume 39350, 8th Section, sheet 125, page number M-698746, (hereinafter, "ASTARA"), and the User duly registered on the website or mobile application (hereinafter, the "User" or “Users”). The Driverless Vehicle rental service is a service for short periods of time, according to the subscription chosen by the User on the Platform of ASTARA (hereinafter, the “Services”) via 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 jointly as the “Parties”.
The act of accepting these General Conditions implies express acceptance of them by the User and they will be deemed completed as of the moment in which the User finalises the contracting procedure, the act of going through all the phases in the electronic contracting procedure and in-putting all the data requested, as well as, where applicable, making the payment satisfactorily, being deemed a direct expression of the User’s wish to accept these General Conditions.
Contracts entered into electronically will produce all the effects provided for by the legal system, when consent and the other requirements necessary for their validity converge. In any event, the electronic support medium on which these General Conditions appear, and the contract entered into electronically will be acceptable as documentary evidence in the event of a disagreement between the parties.
As provided for under section 5 of Act 7/1998, dated 13 April, on General Conditions of Contracting [Condiciones Generales de la Contratación] (“LCGC” in its acronym in Spanish), these General Conditions are considered an integral part of the contract for all effects, together with the particular conditions (hereinafter, the “Particular Conditions”) once they are signed by the User, who will keep a copy as proof of having read them in full before signing them, and of their [the User’s] express acceptance. The Particular Conditions regulate the specific conditions of the (details of the Parties, prices, duration, insurance coverage, number and characteristics of the Vehicle(s) made available to the User (the “Vehicle” or the “Vehicles”), type of rental, form of payment, etc.).
These General Conditions may be updated from time to time. We would remind the User to read these General Conditions carefully before using the Services, even if they have done so before.
The signing by the User and by ASTARA of these General Conditions and of the respective Particular Conditions will imply formalisation of the rental contract (hereinafter, the “Contract”).
2. Procedure for Registering on the Platform
2.1. Registration on the Platform
To register on the Platform, the User must put in an email address and create an access password of their choice, in accordance with the complexity rules laid down by ASTARA at any time. Once the User has registered, they will be asked for a series of details and documents which will be necessary for formalising the rental of the Vehicle. These are the details and/or documents that the User may be asked for:
Private individuals:
- The User’s full name and surnames
- The User’s DNI [Spanish National Identity Card] or a document vouching for their identity
- The User’s current Driving licence valid in Spain
- A contact telephone number for the User
- The User’s email address
- Postal address of the User (furnishing a document confirming the place of residence, such as a utility bill, certificate of registration with the local authorities, etc.).
- The User’s credit or debit card.
Furthermore, at the time of registering the User will be asked for a photograph of their driving licence and a “selfie” type photograph to validate their identity.
The details provided must be exact, 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 their account by any third person. Likewise, the User will be responsible for diligent use of the password and is bound to keep details of their account confidential. Inasmuch as is permitted by applicable rules and regulations, the User takes responsibility for their account and will be answerable for the damages that stem from all the activities carried out from their account or using their password, especially if that breach causes damage, a theft or misuse of a Vehicle. The User must inform ASTARA immediately, sending an email to info@astaramove.com or by telephone on 911 09 25 26 in the event that they have reason to believe that their password is being used in an unauthorised way.
The User may change their password whenever they think fit, for example, because they suspect or find that there has been a breach of confidentiality of the password.
2.2. Consult and in-put details of non-payment of the debt on common credit information systems
In the subscription process, ASTARA will conduct a financial solvency analysis of the User, using for that purpose the details furnished during Registration. ASTARA reserves the right to consult default and solvency files via the supplier EXPERIAN. In the event of failure to comply with the minimum requirements for renting a Vehicle, ASTARA reserves the right not to accept the subscription application.
Should the User fail to meet its financial obligations and, as a result of that, pay off a verified, matured and enforceable debt, ASTARA will proceed to communicate the identification data and the data relating to the debt pending payment to entities responsible for common credit information systems (BADEXCUG, Fichero de Incidencias Judiciales, etc.), in accordance with applicable rules and regulations.
3. Geographical area of use of the Services
The geographical area of application of these General Conditions and, consequently, the area in which the Vehicle may be used is Spanish peninsular territory, excluding Ceuta and Melilla and the Canary and Balearic Islands.
Should the User wish to drive outside national peninsular territory, they must inform ASTARA, indicating the time of travel and mileage in kilometres to be travelled, at least seven (7) days before departure.
ASTARA vehicles do not have roadside assistance coverage abroad, so should an incident or accident occur outside national peninsular territory, the costs of assistance, transport, repatriation of the Vehicle or any other expense arising from the need to request the roadside assistance service will be borne by the User.
4. Duration
The minimum period of subscription to the Services and, therefore, of use of the Vehicle, will be one (1) month, unless a different period of duration is provided for in the Particular Conditions, hereinafter the Initial Subscription Period.
When the Initial Subscription Period comes to an end, it will be renewed automatically for periods of the same length, unless another period of time is provided for in the Particular Conditions, and as long as neither party had expressly notified the other party, via the platform, of their wish not to renew the contract. In the event that the User did not wish to renew the subscription, they will have to request cancellation via their customer area on ASTARA’s website or app, at least 15 calendar days before the finalisation date of the Initial Subscription Period or that of any of its renewals.
In the event that the customer should fail to communicate non-renewal (cancellation) of the contract, as provided for in the previous paragraph, the subscription will be renewed automatically for the additional period of one month and the fee charged will not be refunded.
5. Early finalisation of the subscription
If the User had subscribed for a term of over one (1) month, and decided to end the subscription early, ASTARA reserves the right to levy the penalties in accordance with Condition 3 of the Particular Conditions.
6. Use of the vehicle and prohibitions
The User declares that they know and undertake to inform the persons who are going to use the Vehicle of the characteristics of driving it. Likewise, they declare that they are in possession of a driving licence that is valid in Spain, which they have held for at least one (1) year, and that they are at least nineteen (19) years of age.
The following are expressly forbidden (by way of an example but not limited thereto):
a) To sublet the vehicle, and assign it free of charge or in return for payment or any other encumbrance or legal transaction other than this rental arrangement. Breach of this prohibition entitles ASTARA to levy a charge on the User’s credit or debit card corresponding to the total value of the Vehicle, by way of compensation.
b) Offer as guarantee both the Vehicle and the rental contract. Breach of this prohibition will lead to a charge on the User’s credit or debit card for the total value of the Vehicle, by way of compensation.
c) Transport passengers for profit. The Platform and its Vehicles cannot be used for carrying out the activity of renting Vehicles with a driver. Breach of this prohibition will lead to a charge on the User’s credit or debit card for the total value of the deductible set out in condition 14 "Vehicle Insurance " by way of a penalty.
d) Tamper with the Vehicle’s odometer, in which event the User is under the obligation to communicate any incident with it to ASTARA immediately. Breach of this prohibition will lead to a charge on the User’s credit or debit card for the total value of the deductible set out in condition 14 "Vehicle Insurance " by way of a penalty.
e) Use ASTARA’s Vehicle for races, contests or challenges of any kind, and for driving practice. Breach of this prohibition will lead to a charge on the User’s credit or debit card for the total value of the deductible set out in condition 14 "Vehicle Insurance " by way of a penalty.
f) Transport live animals (with the exception of pets and/or domestic animals, subject to the prior authorisation in writing of ASTARA). Breach of this prohibition will lead to a charge on the User’s credit or debit card by way of a penalty, the amount of which will be communicated to the User with sufficient advance notice.
g) Give driving lessons. Breach of this prohibition will lead to a charge on the User’s credit or debit card by way of a penalty, the amount of which will be communicated to the User with sufficient advance notice.
h) Use the Vehicle for pushing or towing other Vehicles or any other object, Breach of this prohibition will lead to a change on the User’s credit or debit card of the total value of the deductible set out in 14 "Vehicle Insurance" by way of a penalty.
i) Use the Vehicle in the event of risk, in particular if the alarm pilot lights on the dashboard light up, in which case ASTARA must be informed immediately. Breach of this prohibition will lead to a charge on the User’s credit or debit card by way of a penalty, the amount of which will be communicated to the User with sufficient advance notice.
j) Smoke, vape or use any kind of electronic cigarette inside the Vehicle. Breach of this prohibition will lead to a charge on the User’s credit or debit card by way of a penalty, the amount of which will be communicated to the User with sufficient advance notice.
k) Drive on gravel tracks or non-asphalted roads whose surface or condition might pose a risk of damage to the tyres, the undercarriage of the Vehicle, or the Vehicle itself. Breach of this prohibition will lead to a charge on the User’s credit or debit card of the total value of the Vehicle by way of a penalty.
l) Drive within the grounds of ports, airports, factories, aerodromes and/or similar grounds that are not accessible for public traffic, and within the grounds or premises of oil refineries and companies, or sports grounds, other than with the express prior authorisation in writing of ASTARA. Breach of this prohibition will lead to a charge on the User’s credit or debit card for the total value of the deductible set out in condition 14 "Vehicle Insurance", by way of a penalty.
m) Transport the rental Vehicle on board any kind of boat, train, lorry or aircraft, without the express prior authorisation in writing of ASTARA. Breach of this prohibition will lead to a charge on the User’s credit or debit card for the total value of the deductible set out in Condition 14 "Vehicle Insurance " by way of a penalty.
n) Display any kind or advertising or banners on the Vehicle, especially on the exterior of it, without prior agreement with ASTARA. In the event that ASTARA’s authorisation has been obtained, the Vehicle must be returned in the same condition as it was in when it was handed over to the User. Breach of this prohibition will lead to a charge on the User’s credit or debit card by way of a penalty, the amount of which will be communicated to the User with sufficient advance notice, notwithstanding the amount that might be claimed from the latter for damages sustained in the Vehicle as a result of installing that advertising, including possible administrative fines.
o) Consume any kind of beverage or food inside the Vehicle. Breach of this prohibition will lead to a charge on the User’s credit or debit card by way of a penalty, the amount of which will be communicated to the User with sufficient advance notice.
p) Make any alteration to, interference with or replacement of parts on the Vehicle, its keys, equipment, tools and accessories. Breach of this prohibition will lead to a charge on the User’s credit or debit card by way of a penalty, the amount of which will be communicated to the User with sufficient advance notice.
q) Put the wrong fuel in the Vehicle. Breach of this prohibition will lead to a charge on the User’s credit or debit card, by way of a penalty, the amount of which will be communicated to the User with sufficient advance notice.
Engagement in any of the prohibitions listed or any other that bring about harm to ASTARA will be cause for immediate termination of the contract as set out in Condition 18 “Termination of the contract”.
7. Payments
7.1. What is included in the fee?
The Subscription fee includes:
- The rental price
- Taxes
- Basic insurance with a deductible of €500 + VAT (details are included in Condition 14 "Vehicle Insurance")
- (*) In the event of taking out additional insurance, the amount and reduction or elimination of the deductible will be reflected in the Particular Conditions
- Maintenance
- Roadside assistance in Spanish territory twenty-four (24) hours, seven (7) days a week
In no event will costs of fuel, Adblue and/or any other source of energy that the Vehicle needs for it to run be included in the fee.
In the event that the User should choose the home delivery/collection service, its cost will not be included in the fee either, and must be paid for by the customer. The cost will be communicated in advance and charged forty-eight (48) hours before the service takes place.
7.2. Price
The subscription fee that will be applied to the User will be the one in force at the time of making the application request and details of it will be contained in the Particular Conditions.
This price may be updated and altered from time to time during the lifetime of the Subscription Contract, notifying the User beforehand at least 30 days before charging the respective monthly instalment. The User will be informed by email or by any other means deemed appropriate. In this event, the User will have thirty (30) days in which to object to that update and, where appropriate, proceed with cancellation. If after this period has elapsed the User had not exercised their right to object, that variation will be deemed to have been fully accepted by the latter, without them having further ability to object or initiate any other actions in this respect.
7.3. Form of payment
Payment of the fee will be made through the credit or debit card put in by the User in the registration process. No other means of payment will be permitted.
The charge of the initial fee will take effect the day the subscription starts.
In the event of cancellation of a subscription request before collecting the Vehicle, the User must make a request to ASTARA for that cancellation via the Platform at least twenty-four (24) hours before the Vehicle is handed over. In the event of not communicating the cancellation with that advance notice, ASTARA reserves the right to not refund the amount paid for the Vehicle rented and any other amount related to the service.
ASTARA will issue the respective invoice electronically, for the service engaged, to the email account provided by the User in the subscription process.
By taking out the subscription and communicating the details of the means of payment, the User authorises ASTARA to charge the Fee or any other costs and liabilities connected with the subscription. The User is responsible for keeping the means of payment updated at all times.
If during the lifetime of the contract the User should fail to comply with their payment obligations, ASTARA will send a communication requesting the offsetting of the current debt. In the event that the User should fail to comply with its payment obligations within a period of 48h from the date of that notification, ASTARA reserves the right to terminate the contract as set out in clause 18.1 (“Termination for non-payment”).
8. Security deposit
In the process of applying for the subscription, ASTARA may charge the User a security deposit amounting to, at least, the equivalent of (1) month’s subscription. In any event, the amount corresponding to the security deposit will be communicated to the User in the subscription process.
In that case, the deposit will be charged twenty-four (24) hours before the start of the Vehicle rental period, and refunded to the User when the contract comes to an end, provided that the User is up to date with any payment arising from that subscription, including those relating to damage done in the Vehicle itself.
The User will pay the security deposit as set out in Condition 7.3 (“Form of payment”). If it is not possible to collect that security deposit, ASTARA will bar the User from using the Services.
9. Handover and return of the vehicle
Handover will take place at the time in which ASTARA makes the Vehicle selected through the subscription of the Services available to the User, and the return at the time in which, when the provision of the Services ends, the User proceeds to return the Vehicle to ASTARA.
As a rule, the handover and return of Vehicles will take place at one of the operations centres designated by ASTARA, unless a different venue is set out in the Particular Conditions. The handover and return will be performed by a collaborator of ASTARA (hereinafter, the “Agent”), on the day and at the time that must be agreed upon, at least forty-eight (48) hours before the start of the subscription. In the event that someone other than the User proceeds to collect or return the Vehicle, the latter must indicate, in writing and with the same advance notice (forty-eight (48) hours), the identification data of the person authorised for the purpose of collecting or returning the Vehicle.
In the event that the handovers and returns take place somewhere other than the operations centre of ASTARA, the latter may make changes to the time and/or address of handover due to circumstances beyond the control of ASTARA, by way of an example and not limited thereto, to traffic circumstances, closure of streets, sewage system cleaning tasks or any other circumstance that may affect the traffic, in which case ASTARA will get in touch with the User as soon as possible to inform them and agree upon another address and time for handover or return.
9.1. Handover of the Vehicle
At the time of handing over the Vehicle, the Agent will ask the User for the original copy of the documentation vouching for the fact that they are over nineteen (19) years of age and in possession of a driving licence that is valid in Spain, having held it for a minimum of one (1) year.
Likewise, the Agent will inspect the vehicle in order to issue a report that reflects the condition that it is in at the time of the handover. If handover does not take place at one of ASTARA’s logistics centres, the report will be drawn up before the vehicle leaves those centres. ASTARA will send the customer the report vouching for the state of the vehicle at the time of that inspection.
In no event will the second key of the Vehicle be handed over to the User. In the event of loss, misplacement or breakage, the User must pay the amount corresponding to its replacement, which will be duly communicated.
The Agent reserves the right to refuse the rental service when he/she considers that the rental is not going to be able to be carried out correctly with all the guarantees or in the event that the User fails to comply with the requirements laid down.
Likewise, arriving over sixty (60) minutes late with respect to the time agreed, or failure to arrive, without prior notice, entitles ASTARA to pass on to the User all the expenses that it may have been caused by that incident, and to cancel the subscription, with the consequent non refund of the amount paid for the Vehicle rented.
The User may finalise the subscription within the maximum term of forty-eight (48) hours after the Vehicle has been handed over, whenever it does not correspond with the one initially signed up for. In that event, ASTARA will refund the amount paid for the Vehicle rented once it has made sure that it does not correspond with the Vehicle signed up for by the User.
9.2. Returning the Vehicle
At the time of returning the Vehicle, ASTARA will conduct a thorough examination to determine what condition it is in. The following will be checked:
- Fuel tank level. If it is returned with a lower level of fuel as compared to the initial level, the User will be invoiced for the difference according to the average market rate at the time of its application, and an extra charge of thirty (30) euros plus VAT by way of a refuelling service fee. If it is returned with a higher level as compared to the initial level, the difference will not be refunded.
- Exterior condition of the Vehicle. By way of an example and not limited thereto: bodywork, tyres, windows, etc. In the event of finding any damage, ASTARA will go by the prices included in this chart for charging the User for the repairs or refurbishment needed.
- Interior condition of the Vehicle. The cleanliness of the Vehicle will be checked on its return. ASTARA may levy a surcharge for cleaning the interior if the Vehicle is not returned with a minimum of trim. The User will be notified of that amount with sufficient advance notice. In any case, the User will take responsibility for the cleaning in the following events: if there is fur from domestic animals, dirt on the upholstery, if there are bad smells, etc.
Likewise, the Vehicle must be handed back with all the extras and/or accessories with which it was handed over (first aid kit, spare wheel, kit for changing and/or repairing a wheel, tools, anchorages, documentation, mats, charging cable in the case of electric or hybrid vehicles, among others, etc.).
ASTARA will issue a report on the state the Vehicle is in on its return. If any repair or adjustment has to be carried out to ensure the correct running of the Vehicle, the total amount will be reflected in that report on the basis of the above-mentioned reference prices. The respective charge will be made on the credit or debit card provided by the User during the signing-up process.
Should that handback not take place at one of ASTARA’s logistics centres, the vehicle will not be inspected until it arrives at those centres and is assessed by their personnel. In no event, at the time of off-site collection, will the inspection be carried out and the subsequent report be drawn up vouching for the state of the vehicle.
In the event that the Vehicle were not handed back on the date agreed and after a period of twenty-four (24) hours has elapsed with no news of the User, ASTARA may consider that the Vehicle has been misappropriated, reporting that to the competent local authorities and proceeding to immobilise the Vehicle according to Condition 11 “Vehicle Geolocation”. A surcharge of fifty (50) euros plus VAT will be applied, as well, for every extra day, and the corresponding financial penalty for an amount equivalent to the salvage value of the Vehicle.
10. Replacement of the Vehicle that is the object of the contract
ASTARA ask for the User to replace the Vehicle rented giving prior warning of at least fifteen (15) days for the User to return the Vehicle. The User will be offered a Vehicle with the same or similar characteristics to the one signed up for initially. In the event that the new fee were different from the one initially signed up for, ASTARA will contact the User in order to make the respective adjustment of the new fee. If the User were not happy with the new vehicle, ASTARA will offer them the possibility of terminating the contract with no cost whatsoever before bringing it back.
11. Vehicle geolocation
The rented Vehicles are equipped with tracking and geolocation GPS systems or similar devices which will enable ASTARA to access information relating to the state of the Vehicle and way of driving, as set out in the Privacy Policy. Likewise, with the placement of those devices ASTARA reserves the right to be able to gain access to the immobilisation control unit in the event of non-payment, fraudulent use or rash driving.
In the event of immobilisation and withdrawal of the Vehicle, ASTARA will not be liable for possessions or objects that might still be inside it. Nevertheless, ASTARA will proceed to make a list of them, being available for collection by the User at the place indicated by ASTARA for 15 days after the withdrawal of the Vehicle.
12. Maintenance of the Vehicle
During the subscription, ASTARA will notify the User with due advance notice of the need to carry out the ordinary maintenance recommended by the manufacturer. Likewise, the User must inform ASTARA if any luminous warning indicator lights up on the dashboard of the Vehicle. In either case, ASTARA will let the User know which is the repair garage where the maintenance tasks are going to be carried out. While they are being carried out, ASTARA will not hand over a replacement Vehicle.
In the event of breach of the maintenance obligations mentioned above, the User will be liable with regard to ASTARA for any harmful consequence. Likewise, a charge will then be made on the credit or debit card of the User by way of a penalty, the amount of which will be communicated with sufficient advance notice to the User. It will be at ASTARA’s discretion whether to cancel the subscription for the Service.
13. Non-application of the right of withdrawal
In accordance with paragraph l) of article 103 of [Spanish] Royal Legislative Decree 1/2007, of 16 November, whereby the recast text of the General Act for the Defence of Consumers and Users [Ley General para la Defensa de los Consumidores y Usuarios] and other supplementary laws is passed, the right of withdrawal will not be applicable to this Contract and may not be exercised by the User.
14. Vehicle insurance
The vehicle signed up for will have, at least, an all-risks insurance with deductible for damages to the amount of €500 + VAT, unless one of the options offered at the time of formalising the subscription were taken out which will entail a reduction or elimination of deductible. That deductible will apply in the event of an accident or own damage. The latter will be assessed on returning the Vehicle as set out in Condition 9.2 (“Returning the Vehicle”).
Details of the insurance cover taken out and the additional price, where applicable, will be contained in the Particular Conditions signed by the User at the time of formalising the subscription.
The insurance options will be associated with the subscription duration selected in the signing up process, not all the options in all the contracting arrangements being available.
Unless the User takes out a deductible-exempt type of insurance, they may pay a maximum of 2 deductibles in the event of having signed up for a passenger car, or 6 in the case of a van when the damage occurred on more than one side of the vehicle. By way of an example, a vehicle has 6 sides: right, left, front, rear, roof and inside.
Damages will be accounted for individually and, should the sum total exceed the amount of the deductible, the maximum amount thereof will be applied directly. Applicable per side.
All the insurance packs have the same coverages, namely:
- Twenty-four (24) hour roadside assistance, seven days a week, in Spanish territory
- Repair or change of windows
- Repair of punctures
- Replacement of tyres for ordinary use (wear)
- Change of tyres caused by punctures or burst tyres
In no event will the insurance packs include:
- Roadside assistance outside Spanish territory
- Cover for damages in the underbody of the vehicle
- Replacement of keys for loss, breakage or theft
- Cover for damages caused by lack of maintenance or by a negligence on the part of the driver (these will be duly justified in an appraisal made by a repair garage)
- Cost or replacement of personal objects that were inside the vehicle during the lifetime of the subscription
- Cover derived from lack of foresight in relation with the fuel or, in the case of electric Vehicles, with the battery
Likewise, the insurance will not cover if the driver is under the effects of alcohol and/or drugs or when the damage occurred as a result of having breached any of the prohibitions set out in Condition 6 ("Use of the Vehicle and Prohibitions)
Should the User wish to alter the insurance contracting arrangement, they will have to cancel the subscription underway and thereby be able to take out the one they wish. To do so, the possible penalties for early termination of the subscription referred to in the Particular Conditions will have to be taken into account.
15. Accidents and theft
15.1 Accidents and theft
In the event of an accident through own fault or that of a third person, the User must notify the respective Spanish police force immediately. If it is not possible to get in touch with them, the User or driver must go to the nearest police station.
Likewise, the User must fill out a description report of the accident, whether they or a third person were responsible for it, giving as much detail as possible. The report must contain all the information available and required, including the signature of the drivers. In the event of failure to furnish a report or police statement, the User will be considered the only person responsible for the damage, so the pertinent deductibles will be applied for repairing the damage.
If the other party refuses to sign, the User must ask for police presence in situ to clarify the facts, as otherwise the User will be considered to be the only person responsible for the accident, barring evidence to the contrary provided by them.
The User undertakes to inform ASTARA immediately of any accident that occurs and, in any event, within a maximum of twenty-four (24) hours, and to deal immediately with any letters, summons and notifications that refer to that accident, cooperating fully with ASTARA and the Insurance Company in the investigation and collaborating in the defence of any claim and proceedings.
In the event of breach by the User of the obligation to notify ASTARA of the accident within the maximum term of twenty-four (24) hours, the User will bear all the costs associated with the repair.
Any alert or notification in that respect may be made by sending an email to info@astaramove.com, or by telephone on 911 092 526.
15.2 Replacement vehicle
If the accident or breakdown were not the User’s own fault, ASTARA may make available to the User a Replacement vehicle with similar characteristics to the rental Vehicle, free of charge and subject to availability, provided that the immobilisation of the Vehicle in a repair garage is longer than seventy-two (72) hours. In the event of being unable to offer a replacement vehicle, ASTARA reserves the right to refund the fee proportional to the days spent without having use of it.
Handover of the Replacement vehicle will take place at one of ASTARA’s operations centres. In the event that the handover takes place somewhere other than an ASTARA operations centre, the cost of transport will be met by the User.
In the event that the accident was the User’s own fault, ASTARA does not guarantee making the Vehicle available and, in any case, it will be offered on the condition that the User pays the total value of the maximum deductible applicable according to the insurance taken out. In no event will ASTARA refund the fee proportional to the days spent without having use of it.
The fact of handing over a different model to the one signed up for is not subject to a return/readjustment of fees.
16. Fines
The User is responsible for all the fines and charges issued, and for the corresponding charges for delay in payment and the judicial and extrajudicial expenses the driver might have incurred as a consequence of the Services.
Should ASTARA or any of its providers receive any fine or charge because of the fact that the User has not complied with traffic law, ASTARA may charge the User a surcharge of (10) euros plus VAT as an administrative fee for sorting the matter out.
Likewise, in the event that the User were warned of a fine in excess of six hundred (600) euros or if the User is a repeat offender with more than three (3) fines, ASTARA reserves the right to cancel the Services immediately.
17. Responsibility
17.1 User responsibility
In the event of breach by the User of current rules and regulations or of any of the obligations of this contract, ASTARA will be entitled to claim all the damages that it has been caused from them, including not only the consequential damages but also the loss of profit from lack of availability of the Vehicle. These damages may include, by way of an example and not restricted thereto, the value of the Vehicle, and all the fines, tolls, penalties or sanctions that fall on the rental Vehicle as a result of summons levied by public authorities in order to identify the perpetrator of them or clarify other circumstances in connection with possible offences or crimes. The expenses incurred in recovery vehicles, expert’s reports and legal costs may be included as well.
The User assumes all the liabilities arising from their conduct, whether it is intentional, rash or negligent, in connection with the care and use of the Vehicle; for handing it over to a third person without the authorisation in writing of ASTARA; or for a use other than the purpose stipulated in this contract.
ASTARA will also be entitled to initiate legal proceedings in order to claim the immediate return of the Vehicle, if it is not handed back on time or after being requested by ASTARA. In that event, the protections and other additional contractual Services will have no effect.
The User will be liable for the damages and for all the expenses caused by driving the Vehicle whilst no insurance company pays for them. If any third person were to make any claim against ASTARA for such damages or such expenses, the User will accept its liability, exempting ASTARA from such claims.
17.2 Responsibility of ASTARA
ASTARA will only be responsible for the damages that the User may sustain from using the Platform. By way of an example by not limited thereto, ASTARA is not liable for the damage that might be derived from (i) interruptions, viruses, breakdowns, interferences in, omissions or disconnections of the electronic system, of the communications system or in its equipment for reasons beyond ASTARA’s control; (ii) delays or blockages in the use of the Platform owing to failures or overloading on Internet, on electricity or communications lines or systems; or (iii) from the illegitimate actions of third persons beyond ASTARA’S control.
Likewise, ASTARA will be liable to the User for the damage that the latter may sustain as a result of breach by ASTARA of the obligations that it assumes by virtue of the Contract, provided that such breach does not stem from causes outside ASTARA’s control.
18. Termination of the contract
ASTARA reserves the right to terminate the Contract unilaterally at any time, giving for that purpose the respective express prior notice of seven (7) days to the User.
In the even of termination of the contract, the User is under the obligation to return the Vehicle, the keys, the documentation and the accessories within a maximum term of forty-eight (48) hours counted from the date on which contractual termination is made effective. Should the User fail to comply with the obligation to return the Vehicle, ASTARA reserves the right to immobilise and remove the Vehicle from wherever it may be.
ASTARA may claim, as laid down under condition 17 “Responsibility”, the damages that such termination has caused it, including not only the consequential damage but also the loss of profit for lack of availability of the Vehicle.
18.1 Termination for non-payment
ASTARA may terminate the contract for breach by the User of its payment obligations, in the event that the latter falls behind by more than forty-eight (48) hours in paying the fee.
In the event of breach, ASTARA will notify the User of the non-payment in a communication to the email address provided during the Registration Process. After making the respective communication to the User, ASTARA reserves the right to proceed to immobilise the start system of the hired vehicle when it is parked. It should be noted that the period for carrying out the immobilisation of the start system may vary according to the specific circumstances in each instance, and is not specifically defined in this Condition. The exact time period will be specified in detail in the communication sent to the User in each particular case, in accordance with these Terms and Conditions.
If the User pays the fees pending, ASTARA reserves the right to decide whether the subscription could continue, always subject to prior payment of a deposit, the value of which will be indicated in the pertinent communications issued to the User.
18.2 Other causes of termination
ASTARA may terminate the contract when the User uses the Vehicle in an inappropriate manner, causes, or might cause, damages to it wilfully or negligently, even for lack of maintenance or check-ups when they were under the obligation to carry them out, when damage is being caused, or they might reasonably cause damage, to persons or things, or when any legal regulation is being infringed or there is circumstantial evidence that it might be being infringed or when the driver for any circumstances has driving restrictions. Likewise, the contract will be terminated for infringement of applicable provisions with regard to transport, or breach of any of the prohibitions included in Condition 6 “Use of the Vehicle and prohibitions” and, in general, when continuation of the rental relationship cannot be demanded, in the light of the circumstances, for example, in the event of a high accident rate.
19. Protection of personal data
In accordance with what is provided for in (EU) Regulation 2016/679 of the European Parliament and of the Council, of 27 April 2016 regarding the protection of data of natural persons as regards the processing of personal data and the free circulation of those data (hereinafter, “GDPR”) and Constitutional Law 3/2018, of 5 December, on Protection of Personal Data and guarantee of digital rights (hereinafter, “LOPDGDD” in its acronym in Spanish), the User is informed that ASTARA is responsible for processing their personal data and will process them in order to allow the evolution, compliance with and control of the Services provision relationship entered into, and to draw up profiles of defaulting customers (non-payment and fraudulent use or reckless driving) in the case of future subscription requests.
The data will not be communicated to third persons, save in the event of legal obligation.
Likewise, ASTARA has the collaboration of third service provider companies that have access to your personal data and which process those data in our name.
The data will be kept while the Contract remains in force. Once it has come to an end, the data will be kept, duly blocked, while they are necessary for complying with the legal obligations to which ASTARA might be subject or for attending to possible liabilities that might arise from processing them.
The User may exercise their rights of access, rectification, elimination, opposition, portability and limitation of the processing, and challenge, where applicable, the adoption of individual automated decisions that produce legal effects on the User, requesting it in writing to privacy.es@astara.com, attaching, in any case, a copy of a document vouching for their identity and setting out the right or rights that they wish to exercise.
Holder: ASTARA MOVE, S.L.
Registered address: Avenida de Bruselas 32, 28108. Alcobendas (Madrid)
CIF: B88349345
Telephone: 911 092 526
Email: privacy.es@astara.com
Likewise, in the event of considering their right to the protection of personal data to be infringed, the User may file a complaint with their competent control authority.
The User can find the additional information on data protection in the Privacy Policy.
20. Intellectual Property
All the intellectual and industrial property rights on the Platform, and the contents and /or any other element inserted on it, including without limitation: brands, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flow diagrams, slides, audio and video (hereinafter, “IPR” [Intellectual property rights]) belong exclusively to ASTARA or to third party licensors. In no event will any property right, assignment or sublease over the IPRs be understood to be granted, barring the right of use of those necessary for using the Service and attainment of the Particular Conditions.
The User will not perform any act or allow any act to be performed that may in any way undermine or depreciate the value or the validity of the IPR owned by ASTARA.
The User will not ask to register any brand, name, symbol, logo, graphic, name or any other element or material that is identical, similar or an addition to the IPRs, or that may cause confusion with them in any way. The User may not use any of the IPRs as part of its corporate name, trade name or as a domain name.
21. Assignment of the contract
By virtue of this Contract, the User may not assign to third parties the rights and obligations arising from it and/or outsource any of their obligations stemming from it, without the express authorisation in writing of ASTARA. In any event, ASTARA reserves the right to carry out such outsourcings as may be necessary for the correct execution of the Services agreed upon, without needing to communicate or obtain that express authorisation from the User, remaining liable vis-à-vis the User for the actions carried out by subcontractors.
In the event that ASTARA should authorise the User to sub-lease the vehicle that is the object of this contract to third persons, the User will be the only person liable vis-à-vis ASTARA for accepting and complying with the obligations set out in the General and Particular Terms and Conditions of ASTARA. Likewise, in the event that a sub-lessor should ask ASTARA to immobilise the sublet vehicle, the sub-lessor will be the only person responsible for both informing the vehicle user referred to and for any direct or indirect consequence stemming from that immobilisation.
Assignment of the contract to a third person, without the express authorisation of ASTARA, will lead to the immediate termination of the Contract, and the User may not claim from ASTARA any amount already paid.
22. Law applicable and competent jurisdiction
These General Conditions are governed by Spanish law. In the event that any kind of disagreement or claim should occur between the parties in relation to compliance with or the content of these General Conditions, the parties agree to submit the decision of the matter raised to the courts and tribunals of Madrid.
