TERMS AND CONDITIONS

A. PLATFORM CONDITIONS

We, Oscar Autovermietung GmbH, with our registered office in Munich, registered in the Commercial Register of the Local Court of Munich under HRB 274515 (Tel. +49 89 125039110, E-Mail: [email protected]) (hereinafter referred to as "Oscar"), operate an online platform matching car rental contracts, which can be accessed via the German website www.oscar.auto or via the software application Oscar available for Android and iOS (the "Platform").

Through the Platform, commercial vehicle owners/car dealers (the "Partners") can create and publish information (the "Advertisements") about new and used cars or vans (the "Vehicles") they wish to rent out, so that private users (the "Consumers") can make a reservation (the "Reservation") for the rental of these Vehicles directly with the Partners (the "Vehicle Rental Services").

These Terms of Use (the "Terms") is the basic rules governing access to and use of the Platform by the Partners and the Consumers who use Oscar's service for information or to initiate or enter into Car Rental Agreements (as defined below) (collectively referred to as the "Users"). Please note that the provisions of sections A. and B. of these Terms apply to both Partners and Consumers.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Please note that Oscar itself does not offer vehicles for hire and is not a party to the car rental agreements to be entered into, any other contracts or contractual relationships of any kind between users. These are solely between individual consumers and partners.

For the purposes of these terms and conditions, "you" or "your" means all natural or legal persons or associations of persons who use the platform either as partners or as consumers for information purposes or to initiate or conclude car rental contracts. "We" or "us" means Oscar (as defined above).

B. GENERAL TERMS AND CONDITIONS FOR USERS

1. ACCESS AND SCOPE OF SERVICES

1.1 Use and authorisation

In principle, you can view the advertisements published on the platform without registering.

Booking a vehicle as a consumer is only permitted for natural persons who are at least 18 years old and have unlimited legal capacity. Minors and other natural persons without or with limited legal capacity are not permitted to book a vehicle.

Registration as a Partner is subject to prior approval by Oscar.

As part of the registration process, you must truthfully and completely fill in all mandatory fields of the registration form and provide Oscar with certain information. This information will be treated confidentially in accordance with our privacy policy.

By submitting the registration form, the user makes an offer to enter into a user agreement with Oscar, agrees to these terms and conditions of Oscar and represents that he or she is not precluded from using the service. Oscar reserves the right to refuse the registration of a user without giving reasons.

1.2 Registration and user account

You must provide accurate, current and, to the extent that it is mandatory and appropriately marked, complete information and agree not to impersonate any other person or entity when registering and to keep your account information up to date. In case of a change of the collected data after registration, the user has to update his information in his user account without delay or - if this is not possible - to inform Oscar about the changes without delay.

On our servers, we will protect your registration data from unauthorised disclosure or access through appropriate technical and organisational measures. Outside of our control, you are solely responsible for maintaining the confidentiality of your credentials and for all activities that occur through the use of your credentials. You agree to notify Oscar immediately if you suspect that your credentials have been lost, stolen or your account is otherwise compromised.

Only one registration may be made per legal entity or natural person. A user account is not transferable.

1.3 Description of services

We operate the Platform to enable the posting of vehicles for rent, the search for vehicles, products or services offered through the Platform or the booking of a vehicle, or for other purposes expressly stated on the Platform (hereinafter referred to as "Services"), subject to these Terms and Conditions.

We endeavour to ensure that our users always have a pleasant and smooth use of the Platform, but we cannot control the conduct of users or the legality, accuracy or completeness of the advertisements, information and contact details published. Despite various security precautions, it can therefore not be ruled out that incorrect data has been deposited or that this data has changed in the meantime.

You expressly acknowledge that we are not obliged to verify the information provided by a user and that we do not guarantee that an advertisement meets the expectations of a consumer or corresponds to the description. By using the Platform and accepting these Terms, you acknowledge that Oscar is not a party to any contract to be entered into between you and any other User. You further acknowledge that Oscar has the right, but not the obligation, to monitor the use of the Platform and to review content such as information, data, images, video and audio uploaded by our users (the "User Content").

1.4 No guarantee of availability

Oscar does not guarantee the uninterrupted availability or accessibility of the Platform. Oscar may terminate or restrict the availability of all or part of the Platform or certain features at any time without notice, including to protect the security or integrity of the Platform or our servers, or to perform maintenance on the Platform.

Oscar reserves the right to discontinue the Platform or any part thereof or any features of the Platform or to modify the features of the Platform at any time without notice. Oscar will provide reasonable notice of any termination or permanent discontinuance of the Platform.

1.5 Links to third party websites

The Platform may contain links to third party websites ("Third Party Services"). Such Third Party Services may be subject to different terms and conditions.

Oscar is not responsible or liable for the availability or legality, accuracy or value of such Third Party Services or, the content, products or services available through such Third Party Services or their privacy policies and practices.

By linking to such third party services, Oscar in no way recommends or endorses the third party services. Your use of such third party services is entirely at your own risk.

2. INTELLECTUAL PROPERTY

2.1 Limited licence to use the Platform

Subject to the Content provided by Users, Oscar is the sole owner of all intellectual property rights in the Platform, its Content (including but not limited to text, images, designs, logos, videos, sounds, data, graphics) and the software and databases that make the Platform work.

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

Any use of the Platform for other purposes or not in accordance with these Terms is expressly prohibited. In particular, each user is obliged

- Not to copy, reproduce, modify, adapt, publish or distribute, or cause to be copied, reproduced, modified, adapted, published or distributed, any Content or any part thereof, unless expressly authorised by Oscar in writing in advance;

- not to modify or cause to be modified any Content or any part of the Platform, to translate or cause to be translated any Content or any part of the Platform into any other language or computer language, or to create or cause to be created any derivative works thereof;

- not to decompile or reverse engineer the Platform;

- monitor, collect or have extracted, in whole or in part, any of the Platform's data using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, collection or extraction tool or other automated process;

- not to use or cause to be used the Platform to post or transmit any information that is untrue, inaccurate, fraudulent, misleading, unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic or violates dignity, honour or sexual self-determination;

- not to infringe any proprietary or other rights of any third party, including, but not limited to, copyrights, trademarks, patents, trade secrets, other intellectual or proprietary rights, or rights of privacy or publicity;

- not to copy, retain or otherwise access information, including personal data about other users, in a manner inconsistent with these Terms or in violation of any privacy rights of other users or third parties or applicable law; personal data, including but not limited to contact details of others, contained in Oscar's Services or otherwise obtained by the user in the course of using the Services may be used by users solely for the purpose of initiating and executing vehicle rental contracts using the Platform. In particular, it is prohibited to use corresponding data for advertising purposes and to send unsolicited e-mail, fax or postal mail advertising to the person concerned or to make unsolicited telephone contact with him;

- to impersonate another natural or legal person or to deceive as to one's own identity;

- not to use the Platform for any purpose not expressly permitted by or contrary to these Terms or misleadingly implying cooperation or approval by Oscar;

- refrain from any other use of or access to the Platform which is, in our sole discretion, objectionable or which restricts or inhibits any other user in the use of the Platform, the Services or the operation of the Platform or which may result in any harm to Oscar or any other user.

2.2 Oscar's Use of User Content

By creating, uploading, posting, transmitting, receiving, storing or otherwise disclosing any User Content on or through the Platform, you grant Oscar a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable and transferable license to access, use, edit, view, analyse, store, copy, reproduce, modify or remove any User Content, including without limitation to (i) operate, secure and improve the Platform (including for fraud prevention purposes, risk assessment, investigation and customer support), (ii) ensure User compliance with these Terms, (iii) comply with applicable law or the order of a court, law enforcement agency or other administrative or governmental body, (iv) take action against User Content that we deem harmful or objectionable, (v) take actions set forth in these Terms, and/or (vi) maintain and enforce quality or suitability criteria.

2.3 Oscar's Use of Partner's Logos, Trademarks and Trade Names

Each Partner grants Oscar a limited, revocable, non-transferable, non-sublicensable, non-exclusive and royalty-free licence to use its logos, trademarks, trade names and other features, including any User Content, for the sole purpose of including them on the Platform, conducting marketing campaigns and promoting the services offered on the Platform in accordance with these Terms.

3. TERM, TERMINATION AND TERMINATION OF REGISTRATION

3.1 Term

The registration is in principle for an indefinite period.

3.2 Termination by user

The registration can be terminated by the user at any time without giving reasons. For the declaration of termination by the user, a notification by e-mail to [email protected] is sufficient.

3.3 Termination by Oscar

Oscar may terminate the registration at any time by giving two weeks notice. For the notice of termination by Oscar an e-mail to the e-mail address of the user given during the registration is sufficient.

The right of extraordinary termination remains unaffected.

3.4 Blocking of the user account

Oscar is entitled to immediately block the user account:

- if false information was given during registration;

- in case of loss or in case of suspicion of misuse of the access data by a third party;

- if the user has violated these terms and conditions of Oscar; or

- if there is any other important reason.

In case of a blocking of the user account, the affected user is prohibited from re-registering with Oscar and from opening a new user account until Oscar has given its explicit prior consent.

4. PAYMENTS AND CANCELLATION CONDITIONS

4.1 Payments

By using the Platform, you grant Oscar a collection mandate for the processing of all collections, deposits and payments ("Payments") made on the Platform in its name and on its behalf. In particular, the Payments are processed by our payment service provider Clearhaus A/S with VAT ID DK33749996 and located in Denmark (the "Payment Service Provider").

Consequently, upon acceptance of the reservation through the Payment Service Provider, Oscar will collect the total amount payable by the Consumer as described in Clause 1 of Section C (Special Conditions for Consumers) of these Terms and Conditions.

4.2 Cancellation Policy.

For details of the Cancellation Policy, please refer to Section C, Clause 2 (Special Conditions for Consumers) and Section D, Clause 2 (Special Conditions for Partners) of these Conditions.

5. LIMITATION OF LIABILITY

Oscar is liable for damages of the users according to the statutory provisions, provided that the damages (a) were caused intentionally or by gross negligence, (b) are a consequence of the non-existence of a guaranteed quality of the service, (c) are based on a culpable breach of essential contractual obligations (cf. definition below), or (d) are a consequence of a culpable injury to health, body or life, or (e) to the extent that a non-waivable strict legal liability is provided for the respective damage.

Material contractual obligations are such contractual obligations, the fulfilment of which enable the proper performance of the contract in the first place and the observance of which the contractual partner may regularly rely on, and the breach of which on the other hand endangers the achievement of the purpose of the contract.

To the fullest extent permitted by law, Oscar, its affiliates or their respective officers, directors, employees, agents, subcontractors, licensors or suppliers shall not be liable to you for any indirect or consequential loss or damage, including loss of profits, loss of sales or business, or business interruption, suffered by you or any third party in connection with your use of the Platform.

In addition, Oscar's liability to an Affiliate shall be limited in amount to the amount of commission payments received within the twelve (12) months preceding the assertion of such liability.

In all other respects, our liability as well as the liability of our vicarious agents is excluded, irrespective of the legal grounds.

6. INDEMNIFICATION

The Partner shall indemnify Oscar and its affiliates or their respective officers, directors, employees, agents, subcontractors, licensors or suppliers against any loss, damage or claim suffered or made by any third party as a result of (i) the Partner's use of the Platform, (ii) the Partner's breach of these Terms and Conditions, or (iii) the Partner's violation of any applicable laws and regulations. In this case, the Partner shall also bear the costs of the necessary legal defence, including all court costs and lawyers' fees in the statutory amount. This does not apply if the partner is not responsible for the infringement. In the event of a claim by a third party, the partner is obliged to provide Oscar immediately, truthfully and completely with all information required for the examination of the claims and a defence.

7. CHANGES TO THE TERMS AND CONDITIONS

Oscar has the right to change or amend these terms and conditions (e.g. by adding provisions for the use of any newly introduced additional features). The proposed changes to the Terms will be announced to the User by email to the email address provided by the User at least fifteen (15) days prior to the proposed effective date (the "Change Notice"). The user shall be deemed to have consented to the amendment of the Terms of Use if he/she does not object to the amendment in text form (e.g. letter, fax, e-mail) within a period of fourteen (14) days, starting from the day following the Amendment Notice. Oscar undertakes to separately indicate in the notice of change the possibility of objection, the deadline for objection, the text form requirement as well as the significance or the consequences of failure to object.

If the user objects to the change of the terms and conditions in due form and time, the contractual relationship will be continued under the previous terms and conditions. In this case Oscar reserves the right to terminate the contractual relationship.

A change of the terms and conditions with the explicit consent of the user is possible at any time.

8. CONTACT

If you have any complaints, queries, comments or suggestions, please do not hesitate to contact us. You are welcome to contact us at any time using the following contact details:

Address: Sandstraße 3, 80335 Munich, Germany.

Phone: +49 89 125039110

E-mail: [email protected]

9. MISCELLANEOUS

9.1 Assignment

Users are not entitled to assign, pledge or otherwise charge any claims or other rights under these Terms without Oscar's consent.

Oscar is entitled to assign its rights and obligations under these terms and conditions in whole or in part to a third party. Also in this case the user is entitled to terminate the contract without notice according to clause 3.2 at any time.

9.2 No set-off

The user is not entitled to set-off, unless the counterclaims have been legally established or are not disputed by Oscar.

9.3 No waiver

Any failure by Oscar to enforce any rights arising out of or in connection with the platform or any breach of these terms and conditions in any particular case shall not be deemed a waiver of such rights.

9.4 Disputes between Users

Each User acknowledges and agrees that Oscar shall have no obligation to arbitrate any disputes between individual Users.

However, if the relevant Users are unable to resolve the dispute amicably, the User may refer the dispute to Oscar in accordance with these Terms. Oscar may, without being obliged to do so, in its sole discretion, review the details of the dispute and attempt to help resolve the dispute between the Users involved.

9.5 Internal complaint handling procedure

Oscar has an internal complaints handling system which is available to you free of charge. If you wish to make a complaint in relation to any of the following, provided you are specifically concerned about: (i) concerns about Oscar's compliance with its obligations under "Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency in the use of online information services by businesses" ("P2B Regulation"); (ii) technological issues directly related to Oscar's provision of the Platform to you; or (iii) actions taken by Oscar in relation to the provision of the Platform that affect you; please contact Oscar using the details provided in Section B (General Conditions), Clause 8. Your complaint will be reviewed and forwarded to the appropriate internal parties to investigate the concern you have raised.

9.6 Entire Agreement

These Terms and any documents incorporated by reference into these Terms constitute the entire agreement and understanding of the parties with respect to the Platform and supersede any prior agreements or understanding between the parties with respect to this subject matter. Each party acknowledges that, in entering into these Terms, it has not relied on any oral or written representations, warranties or other guarantees, representations, statements or undertakings made by or on behalf of any other party in relation to the Platform at any time prior to the date of entering into these Terms other than those set out in these Terms.

9.7 Governing Law; Jurisdiction

These Terms shall be governed by German law, excluding the UN Sales Convention. For consumers residing in the EU, the mandatory provisions of the consumer protection law of the member state in which the consumer has his habitual residence shall additionally apply, provided that these are more advantageous for the consumer than the provisions of German law and Oscar carries out its activities in the state in which the consumer has his habitual residence or (also) directs its activities to the state in which the consumer has his habitual residence.

If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from these terms and conditions shall be Munich.

For users who are consumers, the place of jurisdiction is the respective place of residence of the consumer and the registered office of Oscar. Oscar may initiate legal proceedings against consumers only before the courts at their place of residence.

9.8 Severability clause

If any provision of these terms and conditions is or becomes invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby. Statutory law shall take the place of any provisions of these Terms and Conditions that are not included or are invalid. If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to it in economic terms.

C. SPECIAL TERMS AND CONDITIONS FOR CONSUMERS

1. PROCEDURE OF THE RESERVATION

1.1 Reservation

If you are interested in a Partner's display, you can make an online reservation request by completing the reservation process, following the steps provided on the Platform.

Once you have completed the reservation process and agree with all the details of the reservation, you must click on the "Continue" button. Before proceeding to the next step, you must fill in the forms provided and provide the required personal data, which will be processed in accordance with our privacy policy.

1.2 Payment

The last step before completing the reservation is the payment confirmation. Before you make the reservation, you will be shown a reservation summary indicating the vehicle you wish to rent and the amount of the vehicle rental price (up to 100% of the vehicle rental price) to be paid at the time of reservation.

To confirm the payment, please click on the "Approve Payment" button. Before completing the reservation, you should check all the information you have entered and correct any errors if necessary. As soon as we receive your application, we will start processing it immediately.

1.3 Confirmation of the reservation

After you have made a reservation, we will send you a confirmation e-mail confirming that we have received your reservation.

1.4 Right of withdrawal

The consumer's right of withdrawal expires prematurely upon completion of the reservation, provided that the contract between you and Oscar is to put you in contact with a partner and Oscar has fully provided this contracted service.

By making the reservation request, you expressly consent to Oscar commencing the performance of its services and acknowledge that you are aware that your right of withdrawal expires upon complete performance of the contract by the Entrepreneur.

1.5 Conclusion of vehicle rental contracts and insurance policies

Oscar is not a party to any car rental contract between you and any Partner (the "Car Rental Contract") and does not offer car rental services nor does our Platform enable you to enter into car rental contracts directly.

If you choose to purchase insurance through the Platform, you are also entering into an insurance contract between you and the insurer, which is subject to the terms and conditions of the policy, to which Oscar is also not a party.

2. CANCELLATION CONDITIONS

The consumer may cancel the reservation upon payment of a cancellation fee as follows:

• Before acceptance of the rental request by the Partner: free of charge.
• After acceptance of the rental request by the Partner but more than 48 hours before the start of the booking: cancellation fee of 25% of the rental price;
• After acceptance of the rental request by the Partner and 48 hours or less before the start of the booking or if the consumer does not collect the vehicle from the pick-up location at the agreed time: 100% of the rental charge.

If the amount paid at the time of reservation is less than 100% of the vehicle rental price, Oscar, through its payment service provider, is entitled to collect the balance.

RENTAL CONDITIONS

1. The return of the rental car must be delivered at the appointed time and must be delivered in the same condition as at the pick-up. When extending the contract, the department must be contacted. If delivery time is exceeded, the renter is liable for loss due to the time exceeded. The car is always the responsibility of the renter, even if the car is delivered outside normal business hours. Failure to deliver a vehicle at an agreed time falls under Penal Code §293.
   
   
2. When picking up the car, the renter should immediately inform the renter of any damages or defects that are not apparent in the damage record to avoid unnecessary deduction of excess at the vehicle return.
   
   
3. Cars and vehicles must not be used:
• For either direct or indirect transport of goods or persons for a fee
• If it is found that the vehicle is used for delivery purposes, Oscar has the right to withhold the entire deposit.
• To tow other vehicles unless agreed with the renter
• For driving courses, motorsport events, motorways, or similar
• For purposes that involve mechanical wear, or the need for extra cleaning after using the car
• For off-road or space use
• By people who are affected or impaired by drugs and/or alcohol
• By persons not listed on the lease
• For driving on recycling sites, unless otherwise agreed with the renter
4. It will always be the renter's responsibility to compensate for the full cost of damage for irresponsible driving, cf. 3. Furthermore, this also applies if the Traffic Act is not complied with and with missing oil/water or by vandalism and abuse of the vehicle.
   
   
5. The renter accepts a personal responsibility to pay for:
• The agreed rates, taxes, insurance premiums, and taxes by law
• A fee for possible pickup and delivery of vehicle or renter
• All court costs and fines related to parking or offenses during the term of the contract
• Attorneys' fees where the law permits, accrued collection fees, etc., that are imposed on the renter
• Cost of any damage to the vehicle
6. Upon signature, the lessee relieves the renter of any liability on items that the renter or others may have stored, left behind, or transported in the vehicle.
   
   
7. The renter has taken all precautions to avoid mechanical failure of the vehicle. However, should an error occur, the renter is not responsible nor liable for any consequences thereof.
   
   
8. The renter is aware that the car may be equipped with GPS tracking, allowing tracking of the car's position. Information obtained via GPS can be used by the renter and is sometimes provided to third parties, including insurance companies and law enforcement groups.
   
   
9. When purchasing extra kilometers, the renter is not entitled to compensation for unused kilometers. This also applies to miles included in the rent.
   
   
10. Fuel is not included in the rental price.
    
    
11. Care rental is by law excepted for the rule of right of withdrawal.

INSURANCE CONDITIONS

Our insurance covers the renter or any co-renters, as specified in the lease.

In the event of any damage, the renter must immediately notify the renter. The renter's review must include as complete information as possible about the extent of the damage. The renter may not agree on payment, compensation, or performance of repairs without consent from the renter.

1. Rental customers has an excess of up to EUR 1,000 per damage, unless it is clear from the lease that additional excess insurance has been purchased and taken out.
   
   
2. The insurance covers the insured's liability when using the rental car as a vehicle with the sums stipulated in the Road Traffic Act.
   
   
3. Except for the following cases, the insurance covers any damage to the insured vehicle and loss of the vehicle in the event of theft. In addition to the vehicle itself, the coverage also includes attached accessories installed by the vehicle owner.
   
   
4. The insurance does not cover:
• Responsibility for transported goods
• Driving outside of Europe
• Damage to driver or passengers
• Incorrect refuelling of the vehicle and any resulting damages
• Damage caused by earthquakes or other natural disasters, war, riots, civil unrest, or nuclear energy release.
• Damage incurred when the vehicle is used in contravention of the Ministry of Justice's provisions on rentals without a driver.
• Damage arising from situations where the renter has driven the rental vehicle in violation of the provisions of the lease
• Damage to telephone systems, both fixed and portable, as well as any equipment for this
• Damage caused only to the mechanical parts of the vehicle. (However, such damage is covered by the comprensive insurance if it has been surpassed by the vehicle by fire, explosion, short circuit, lightning strike, theft, or vandalism.)
• Damage caused by intentional or gross negligence, cf. section 18 of the Insurance Contract Act
• Damage that may have occurred while the vehicle was being driven by a person who did not have a valid driver's license or is not listed on the lease as a renter or co-renter
• Damage that occurred because the driver of the car was affected by alcohol, drugs, or similar, cf. section 20 of the Insurance Contract Act
• Damage caused by the vehicle being driven in violation of the terms of the lease. If the renter had to pay the damage that is not covered by the insurance, the rental company has recourse for all expenses incurred.

BUSINESS CONDITIONS

1. To hire a car at Oscar, the driver must bring the following:
   • A valid driver's license
   • Health insurance certificate
   • Credit/debit card
2. Payment:
   If you book the car more than 48 hours before the pick-up time, your choice of either 100% or 25% + cancellation security will be paid – based on the rental price at the time of booking and the remaining amount at the pickup. If you book within 48 hours before the pick-up time, the full amount will be paid at the time of booking.
   • According to current legislation, the renter can include post-chargeable fees or change the transaction amount after signing the lease.
   • Amount of fuel, extra kilometers, excess for damages, car rental, parking/traffic charges, and other amounts relating to the rent can be charged by the renter.
     
     
3. Can I cancel my booking?
   If canceled within 48 hours before pickup, Oscar is entitled to charge the full amount of the rental. If cancellation is made more than 48 hours prior to pick-up, you will only have to pay 25% of the rental price. If you need to cancel or inquire about it, please contact us on tel. +49 89 125039110
   
   
4. Charge of Deposit:
   When picking up your rental car, you will be charged a deposit. The deposit amount stated is subject to change in particular cases. Please note! You can only pay the deposit through our online payment system, this can be done with IDEAL or credit card. 
   
   
5. Types of Rentals to Choose From at Oscar
   • Normal day rent
   • Long term rental (Car subscription)
     
     
6. Long-term rentals can be made for bookings of 28 days or more from the start of the booking. After that, any free rental days are waived.
   
   
7. Accessories such as car seats, child pads, and seat cushions can be rented for a fee. Correct and proper fitting and usage of these items are not the responsibility of the renter.
   
   
8. The rental car must be picked up at the agreed time. Oscar reserves the right to charge the full amount if the vehicle is not picked up on time.
   
   
9. The rental car must be returned at the agreed time. After 4 hours without delivery, the car will be reported stolen, and a fee will be charged.
   
   
10. Oscar is not responsible for luggage or persons transported in a rented car. Oscar assumes responsibility for all types of indirect loss.
    
    
11. It is forbidden to transport dangerous goods in leased cars for safety reasons.
    
    
12. Oscar bears no responsibility for the car rental location's delays or non-delivery, and therefore no compensation is given for this.
    
    
13. Payment terms after additional costs incurred: If it appears that additional costs have incurred after returning the car, these must be paid within 4 working days. If the extra costs incurred are not paid within 4 working days, we have the right to engage a collection agency. Extra costs in the broadest sense of the word.
14. Avoid Fees Associated With Your Car Rental:
    • Return the car in the same condition as at pick-up.
    • Return the car on time.
    • Pay traffic and parking fees and all costs incurred as the lessee.
    • No smoking or animals allowed in rented cars
    • List of fees regarding your rental:

TRAILER CONDITIONS

1. Multiple promotional codes cannot be combined or used at the same time.
   
   
2. When using a rental car for international travel, foreign insurance must be added. When driving abroad without foreign insurance, Oscar has the right to charge a fee of EUR 200 and add on the cost of the foreign insurance. In addition, customers have an excess for any damage of up to EUR 1,000.
   
   
3. If a dispute or claim arises in relation to the lease agreement, it must be decided in accordance with Dutch law.
   
   
4. All conditions are constantly updated.
   
   
5. Oscar is happy to receive praise and criticism by e-mail: [email protected]
   
   
6. The trailer may only be operated by the lessee or co-renters, as specified in the lease.
   
   
7. When renting, the renter is not responsible for damage to persons or goods arising from the use of the rented property.
   
   
8. The renter is not financially responsible for any time loss or other loss that the renter may incur as a result of a malfunction of the rented property.
   
   
9. The renter is not responsible for any operating loss, loss of profit, or indirect loss in any other way.
   
   
10. The trailer may not be sublet or used for the carriage of persons, rather only for the lessee’s own use.
    
    
11. The trailer must be returned to the renter's place at the agreed time stated in the lease and in the same condition as upon delivery.
    
    
12. The renter is entitled to withhold the deposit paid if the renter has damaged the trailer until a statement of repair costs is available - and then offset these costs therein.
13. Upon receipt of the trailer, the bearer must check that it is in order, especially in regard to brakes, signaling devices, and lamps, and being able to document any faults and defects.
    
    
14. It is the bearer's responsibility to ensure the towbar of the vehicle. This is not an occurrence that is automatically covered by the car's liability insurance.
    
    
15. When traveling abroad, a separate supplement is required. Inquire with your renter about international travel and the costs thereof.
    
    
16. Rental customers may have an excess of up to EUR 1,000 for any damage unless it is clear from the lease that additional insurance is purchased with a lower excess.
    
    

The renter's responsibility is to have a valid driver's license that entitles them to tow the leased trailer. It is the responsibility of additional renters that the total weight of the car and trailer is adhered to.

APP TERMS AND CONDITIONS

Special terms, applicable to the use of the Oscar app.

1. The Oscar app can be downloaded from App Store and Google Play. The app is called Oscar Car Rental - it is 100% free to use and will remain so.
   
   
2. By downloading the app, you instantly get premium customer service, a detailed booking history, flexible terms, and 10% off daily rental rates.
   
   
3. The discount from your membership can be combined promotional codes. However, the discount cannot be combined with a car subscription.
   
   
4. Loyalty points are granted on an ongoing weekly basis +1 week after your booking is completed. You will be rewarded with loyalty points x10 corresponding to the total amount of your booking, i.e. 100 EUR. = 1000 points.
   
   
5. Extra kilometers that you buy in advance, but don't use are converted to the value for which they were bought. On your next booking, you can buy extra kilometers with that credit. The value is added to your account 24 hours after the end of your booking.
   
   For example, if you have purchased 100 extra kilometers at 0.20 EUR per kilometer, but only use 60 additional kilometers on your booking, the value of the unused extra kilometers (40 x 0.20 EUR) will be converted and you will receive a credit of 8 EUR on your account, which you can use to purchase extra kilometers on a future booking.
   
   
6. For every friend you invite, you and your friend are each awarded 500 free points as soon as they complete a booking via Oscar's App. You can receive up to 5000 extra points per calendar year by inviting friends.
   
   
7. When you upload your driver's license and selfie photos, we'll award 300 points to your account.
   
   
8. You can always check your balance of earned and pending points in the history section of your profile.
   
   
9. Points are reset every calendar year, on 1st January. You keep the membership level you have earned for the current year and the following calendar year, during which you can continue to enjoy all benefits.
   
   
10. When applying for approval for keyless bookings via Oscar's app, the customer must confirm their identity by uploading photos of their driver’s license and a selfie. Driver’s license and selfie photos will be approved or rejected by Oscar Car Rental and retained for 365 days after the photos are uploaded, after which they will be deleted.
    
    
11. It is the customer's responsibility to ensure that the condition of the rental car is well documented through high-quality, brightly lit, and detailed photographs. If the customer is not able to upload pictures during the booking, or these are not uploaded in high quality, with sufficient brightness and with a good level of detail - reference is made to the condition described in the contract by the car rental company, when the customer first picked up the car. The customer is, in principle, responsible for any damage, not described in the contract prior to the booking.
    
    

LONG-TERM RENTALS CONDITIONS (CAR SUBSCRIPTION)

An Oscar long-term rental or car subscription is a subscription solution where you, as a customer, can rent a car on a monthly basis. Below, you can read about the terms of a long-term rental, including payment, liability, binding, and termination. The first payment for a long-term rental must fall on the date of the subscription, after which payments will be made monthly.

1. Setting Up a Long-term Rental
   When creating a long-term rental, the customer must approve our subscription terms and business conditions. A car subscription is most easily created by using our online booking form, where the customer can find their desired car, see the car price, review included km, and opt for extra insurance, extra km, and accessories if desired. The customer will then be sent for payment, after which the subscription will be created, and a confirmation will be sent by email.
   
   
2. Conditions when setting up a long-term rental
   When the customer approves our subscription terms and conditions, the customer approves that OSCAR may deduct the monthly price for the long-term rental on the entered credit card for the duration of the lease. An invoice is sent upon creation and termination of the long-term rental. Customer service can be contacted at any time if the customer wishes to change the credit card on file.
   
   
3. Responsibility and Liability
   When setting up a long-term rental, the customer undertakes responsibility to return the car on the date the long-term rental is terminated and return it in the same condition as when the car was delivered, unless otherwise agreed. In addition, the customer guarantees coverage on the credit card entered so payment is made on time.
   
   
4. Termination and Fixation
   The customer determines the length of the subscription period when ordering, specifying an exact date for the end of the long-term rental. The long-term rental is automatically terminated after the end of this period. If the subscription is extended, the customer must contact Oscar customer service before the subscription period ends - after which, this can be agreed. If the subscription is canceled before the agreed time, this can be done with 30 days’ notice.
   
   

If you have any questions or changes to your long-term rental, please contact our customer service at +49 89 125039110

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