Condiciones generales de uso

General Terms and Conditions of Subscription 

1. Object and scope of application

2. Procedure for Registering and Vehicle booking on the Platform

2.1. Registration on the Platform

2.1.1 – Professional Clients (B2B)

2.1.2 - Private individuals (B2C)

2.2 Vehicle booking

2.2.1 Confirmation and modifications

2.2.2 Cancellations

3. Geographical area of use of the Services

4. Duration

5. Early finalisation of the subscription

6. Use of the vehicle and prohibitions

7. Payments

7.1. What is included in the fee?

7.2. Price

7.3. Form of payment

7.4 Breach of payment obligation

8. Security deposit

9. Handover and return of the vehicle

9.1. Handover of the Vehicle

9.2. Returning the Vehicle

10. Replacement of the Vehicle that is the object of the contract

11. Vehicle geolocation

12. Non-application of the right of withdrawal

13. Vehicle insurance

14. Accidents, breakdowns and incidents involving the rented vehicle

14.1 Maintenance of the rented car

14.2 Replacement vehicle

15. Fines

16. Responsibility

16.1 User responsibility

16.2 Responsibility of Astara

17. Termination of the contract

17.1 Termination for non-payment

17.2 Termination of the contract due to exceeding the contracted mileage

17.3 Other causes of termination

18. Protection of personal data

19. Intellectual Property

20. Assignment of the contract

21. Channels for claims

22. Law 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 and Vehicle booking 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. The data and/or documents that may be requested from the User will vary depending on the type of account created.

2.1.1 – Professional Clients (B2B)

Self-employed individuals [Autónomos]:

  • Full name and surnames of the User
  • Identity Card or DNI [Spanish National Identity Card] of the User or a document vouching for their identity
  • Current driving licence of the User, valid in Spain
  • Written proof of payment of the last instalment of the monthly Spanish social security fee for self-employed persons (autónomos)
  • Postal address of the User (furnishing a document confirming the place of residence, such as a utility bill, certificate of registration with local authorities, etc.)
  • Credit or debit card of the User

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.

Business enterprises: 

  • NIF [tax identification number] of the company 
  • Deed of Incorporation of the company  
  • Current power of attorney to represent the company
  • Credit or debit card of the User or of the Company
  • Current driving licence of the User, valid in Spain

2.1.2 - Private individuals (B2C)

  • 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 Vehicle booking

Once the account is created and the required documentation validated, the User must make a reservation through the Platform. To do so, they must select a vehicle from the published catalogue, the contract duration, and the pickup location. Depending on the selected model, optional packages regarding mileage and insurance will also be offered.

During the reservation process, ASTARA will conduct a financial solvency analysis of the User using the data provided during registration. ASTARA reserves the right to consult solvency and creditworthiness databases through the provider EXPERIAN. If the minimum requirements for renting a vehicle are not met, ASTARA reserves the right to reject the subscription request.

If a second financial viability study is required for subscription approval, the User is informed that Astara Move may collaborate with Open Banking services based on its legitimate interest and that of the User. To this end, the User must provide additional information to Astara Move's collaborating entities, specifically Experian España S.L. This information may include, among others, processing and transfer of identification, financial, employment, tax documents and data, as well as any other financial or non-financial data available from public administration electronic offices or provided directly by the end user. Additionally, the User will be required to give consent on behalf of Astara Move to process this information for the purpose of assessing the financial viability of the ongoing subscription. All data processing will be carried out in accordance with current personal data protection regulations and with appropriate security and confidentiality guarantees.

The reservation will be considered completed once the electronic contracting process is finalized. The User will then receive an email at the address provided during registration.

2.2.1 Confirmation and modifications

Once the request has been received, ASTARA will verify the availability of the reserved vehicle. If availability is confirmed, the customer's request will be approved, and they will receive an email notification confirming the approval. Otherwise, if the selected vehicle is not available, the User will be informed via email that the subscription could not be completed.

In the event of logistical or technical issues, ASTARA will contact the User by phone to offer an equivalent alternative. If this alternative involves a change in the originally subscribed fee, the User must make a new reservation through the Platform. If the User does not accept the alternative, a full refund of any amount paid will be issued.

2.2.2 Cancellations

In the event of a cancellation of a subscription request prior to the collection of the Vehicle, the User must request such cancellation from ASTARA through the Platform at least twenty-four (24) hours before the scheduled delivery of the Vehicle. If the cancellation is not communicated within this timeframe, ASTARA reserves the right not to refund the amount paid for the rented Vehicle, as well as any other amount related to the service.

Additionally, ASTARA expressly reserves the right to cancel any reservation before the vehicle is delivered, for justified reasons such as vehicle unavailability, technical issues, safety concerns, or failure to meet requirements by the User. In such cases, ASTARA will notify the User as early as possible and will issue a full refund of any amount paid within a maximum of ten (10) business days, without entitling the User to any additional compensation.

3. Geographical area of use of the Services

The territorial scope of these General Conditions, and therefore the area in which the rented Vehicle may be used, is mainland Spain. Ceuta, Melilla, the Canary Islands, and the Balearic Islands are excluded.

If the User wishes to drive outside mainland Spain but still within the European Union, they must request express authorization from ASTARA by sending an email to info@astaramove.com, indicating the dates, destination, and estimated mileage for the trip, at least seven (7) days prior to departure. ASTARA reserves the right to approve or deny this request. If such authorization is not requested, ASTARA may, at its discretion, terminate the contract and recover the vehicle. ASTARA will not authorize any cross-border travel that involves entering or driving in countries outside the European Union.

ASTARA only guarantees circulation within Spanish territory as permitted by the documentation initially provided. ASTARA will not issue additional documentation in cases where the User requires it to access or drive in a country other than Spain. Furthermore, ASTARA will not assume any responsibility arising from the lack of documentation required for driving in a third country.

ASTARA vehicles are covered by roadside assistance abroad; however, the services available may be limited compared to those offered within national territory, which could result in delays in handling any incidents that may arise.

4. Duration

When making the reservation, the customer must select the desired subscription duration, choosing between a monthly plan or a long-term plan with options of 3, 6, 12, 24, 36, or 48 months. The selected duration will be reflected in the Specific Conditions that the customer will receive along with the reservation confirmation.

Once the contract end date is reached, the subscription will automatically renew for an additional one-month period. In the case of long-term plans, the fee for this additional month will be the same as that paid during the previous contractual period.

If the User does not wish to renew the subscription, they must request cancellation through their client area on ASTARA’s website or app at least 72 hours before the end date of the initial subscription period or any of its renewals.

The Vehicle must be returned no later than the day before the subscription renewal date; it is not possible to return the Vehicle on the same day as the renewal. If the renewal date falls on a Saturday, Sunday, or public holiday, the User agrees to return the Vehicle on the preceding Friday, and ASTARA commits to refunding the User the proportional amount for the unused days of the current subscription.

If the User does not cancel within the aforementioned timeframe, the subscription will be renewed for an additional one-month period, and the customer will have to wait until the next billing cycle to request cancellation.

If ASTARA decides not to renew the contract, the customer will be notified by email at least 15 days in advance.

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 a 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 a 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 compensation. 

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 compensation. 

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 compensation. 

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 compensation, 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 compensation, 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 compensation

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 compensation, 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 compensation, 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 compensation.  

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 compensation.  

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 compensation. 

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 compensation, 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 compensation, 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 compensation, 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 compensation, 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
  • Maintenance 
  • Roadside assistance twenty-four (24) hours, seven (7) days a week 
  • Basic insurance with a deductible of €500 (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 

  • Monthly Basic Mileage: 800 km with the option to increase*

(*) If an extended mileage package is contracted, both the cost and the mileage will be specified in the Specific Conditions.

The maximum monthly mileage may be cumulative and prorated based on the duration of the subscription. If, at the time of returning the vehicle, the mileage driven exceeds the contracted mileage, the applicable penalty will be €0.10/km up to a maximum of 50,000 km per year, or €0.25/km if it exceeds 50,000 km per year.

During the subscription period, ASTARA reserves the right to carry out mileage adjustments only in cases where the User has reached the total mileage limit contracted for the full duration of the agreement.

The applicable VAT in force at the time of invoicing will be added to the above-mentioned amounts.

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

The subscription fee will be charged to the credit or debit card provided during the registration process. No other payment methods will be accepted.

The initial fee will be charged on the subscription start date.

The subscription fee will be charged on the same day of each month that corresponds to the date on which the service provision began and the first payment for the subscription was made (hereinafter, the 'renewal'). ASTARA will issue the corresponding invoice for each renewal electronically to the email address provided by the User during the subscription process.

By subscribing and providing payment method details, the User authorizes ASTARA to charge the fee. Additional costs and responsibilities related to the subscription (such as transportation, additional insurance, mileage) may also apply. The User is responsible for always keeping the payment method up to date.

7.4 Breach of payment obligation

If the User fails to meet their payment obligations during the term of the contract, ASTARA will send a notice requesting the outstanding debt to be settled. If the User does not fulfil their payment obligations within 48 hours from the date of such notice, ASTARA reserves the right to terminate the contract as stipulated in clause 18.1 (“Termination due to non-payment”).

ASTARA reserves the right to claim both actual damages and loss of profit resulting from the breach of this obligation. Actual damages include all direct expenses and losses incurred, while loss of profit includes earnings not received as a direct result of the breach. The User agrees to compensate ASTARA for such damages, upon justification and quantification.

Additionally, ASTARA reserves the right to request additional financial guarantees during the term of the subscription contract, especially in cases where the user has unpaid fees, regardless of the number of active subscription contracts.

If the subscription fee is not successfully charged on the renewal date, the User must pay the corresponding bank fees, as well as a surcharge of €30 for each day a payment attempt is made. If the renewal date falls on a non-business day, the surcharge will not be applied until the next business day.

In the event of non-payment or delay in fulfilling the payment obligation, the User must pay, in addition to the principal amount owed, the applicable late payment interest according to the legal interest rate in effect at the time of the default, until the debt is fully settled.

Failure to pay the fee, return of the payment, or any other amount derived from the subscription contract will be considered a serious breach of the General Terms and Conditions. Consequently, Astara Move will be entitled to terminate the subscription contract.

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 will be 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 amount will be refunded within a maximum period of then (10) business days.

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 return 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 may require the User to replace the rented Vehicle by giving at least fifteen (15) days’ prior notice for the User to return the Vehicle. Likewise, ASTARA may offer the User a replacement vehicle in the event of an accident or breakdown not attributable to the User, provided it involves a total loss or the damaged Vehicle is not repairable. A Vehicle with the same or similar characteristics to the one originally subscribed will be offered. If the new fee differs from the originally agreed one, ASTARA will contact the User to make the corresponding adjustment. If the User does not agree with the new vehicle, ASTARA offers the option to terminate the contract at no cost before the replacement is delivered.

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. 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.

13. Vehicle insurance

The vehicle signed up for will have, at least, an all-risks insurance with deductible for damages to the amount of €500 plus the applicable VAT in force at the time the invoice is issued, 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 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
  • Repair or change of windows 
  • Repair of punctures
  • Replacement of tyres for ordinary use (wear)[1]
  • Change of tyres caused by punctures or burst tyres 

In no event will the insurance packs include:  

  • Cover for damages in the underbody of the vehicle 
  • Replacement of keys for loss, breakage or theft. In such cases, the customer must pay the replacement cost in advance according to the applicable table. Once payment is made, ASTARA will request the replacement key from the designated provider to deliver it to the customer as soon as possible.
  • 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. 

14. Accidents, breakdowns and incidents involving the rented vehicle

During the term of the subscription contract, the User is responsible for notifying ASTARA of any accident, breakdown, incident, or malfunction affecting the rented vehicle, as well as reporting any warning lights or messages that appear on the vehicle’s dashboard. The User must notify ASTARA immediately of any such situation and, in any case, within a maximum of twenty-four (24) hours from the time it occurred.

The User must also promptly process any reports, letters, summons, or notifications related to the accident, breakdown, or incident, and must fully cooperate with ASTARA and the Insurance Company in the investigation and defence of any claim or legal proceeding.

If the proper functioning of the vehicle is affected due to a cause attributable to the User, the User will be fully responsible for the repair costs. This obligation applies regardless of whether the User continues to pay the subscription fees. In such cases, ASTARA will not be obligated to provide a replacement vehicle.

If the User fails to notify ASTARA within the maximum period of twenty-four (24) business hours, the User will bear all costs associated with the repair, including storage fees at the workshop or facility where the vehicle is held, either awaiting repair or after being repaired.

In any case, whenever it is necessary to take the rented vehicle to a workshop for inspection, ASTARA will inform the User of the designated workshop based on the User’s availability and geographic location. The User agrees to attend the appointment at the workshop indicated by ASTARA. If the User fails to attend the scheduled appointment without giving at least 4 hours’ notice, ASTARA may charge a penalty of €50.

If the User goes to a workshop not assigned by ASTARA, they will be held responsible for the repair costs and any resulting damage to the rented vehicle due to the unauthorized intervention. ASTARA reserves the right to cancel the current subscription at its discretion.

14.1 Maintenance of the rented car

During the term of the subscription contract, the User may be required to carry out the regular maintenance recommended by the manufacturer for the rented Vehicle. In this regard, the User must inform ASTARA of the appearance of any warning lights indicating the need for such maintenance, as well as report any signs of wear identified on any part of the rented Vehicle. If ASTARA detects this need without prior notification from the User, it will inform the User in advance so they can take the vehicle to a workshop for inspection.

In the event of failure to comply with the maintenance and inspection obligations, the User will be held liable to ASTARA for any resulting damages. Additionally, a penalty charge will be applied to the User’s credit or debit card, the amount of which will be communicated in advance. ASTARA reserves the right to cancel the subscription at its discretion.

14.2 Replacement vehicle

If the accident, breakdown or incident 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 paid by the User.   

In the event that the accident, breakdown or incident was the User’s own fault, ASTARA does not guarantee a replacement Vehicle, 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. 

In cases where the rented Vehicle must be taken to a workshop for maintenance tasks, ASTARA will not provide the User with a replacement Vehicle.

15. 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. 

16. Responsibility

16.1 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. 

16.2 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. 

17. 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 event 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. 

17.1 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. In any case, ASTARA reserves the right to claim damages, including penalty fees, vehicle recovery costs, or any other costs resulting from the User’s non-payment.

ASTARA also reserves the right to terminate any subscriptions associated with the same account holder or legal representative who has an active subscription in default.

If the User fails to meet their financial obligations, resulting in a certain, due, and payable debt, ASTARA will proceed to report the User’s identifying information and the details of the outstanding debt to credit information systems (such as BADEXCUG, Judicial Incident Files, etc.), in accordance with applicable regulations.

17.2 Termination of the contract due to exceeding the contracted mileage

In the event that, during the subscription period, the User exceeds the contracted mileage before its expiration, ASTARA reserves the right to terminate the corresponding subscription contract. In such a case, the User will be required to return the vehicle within a maximum period of forty-eight (48) hours from the date on which the contract termination becomes effective, as well as to pay the corresponding amount as compensation for the excess mileage as regulated in clause 7.1.

17.3 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.  

 

18. 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. 

19. 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.

20. 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. 

21. Channels for claims

In the event of any dispute or claim related to these Terms and Conditions, the user may submit their claim through the following channels: (i) via email to info@astaramove.com, or (ii) in writing to the postal address: Astara Move S.L., Avenida de Bruselas 32, 28108 Alcobendas (Madrid). We are committed to responding to all claims within a maximum period of 30 business days from the date of receipt.

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. 

 

[1] A tire replacement will not be applicable if the User has not used the vehicle appropriately according to its specifications. Tire replacements must always be carried out at workshops within ASTARA’s designated network; therefore, replacements will not be covered if the User, without ASTARA’s prior and express authorization, decides to change the tires at a non-designated workshop. Tire replacements due to vandalism, improper use, or negligence by the User (e.g., hitting a curb) are not covered and will be the responsibility of the User.

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