A. PLATFORM CONDITIONS
Oscar Autoverhuur Belgium B.V. (hereinafter referred to as Oscar) is a company registered in the Belgian Register of Legal Persons under number 0786.821.141 with its registered office at Avenue Louise 489, 1050 Brussels. Oscar has developed a car rental platform accessible on the website https://oscar.be/ (the "Platform").
The Platform provides an online site where owners of vehicles for professional use (the "Partner(s)") can enter information (the "Advertisements") relating to new and used vehicles (the "Vehicle(s)") that they wish to rent, thereby allowing private users (the "Consumer(s)") to make a reservation ("Booking") for the rental of these Vehicles directly with the Partner(s) (the "Vehicle Rental Services").
PLEASE READ THESE TERMS AND CONDITIONS ATTENTIVELY
Please note that Oscar itself does not offer vehicles for rent. Therefore, Oscar is never a party to any vehicle rental contracts concluded or any other type of contract or contractual relationship of any kind between users. These terms and conditions apply only to consumers and partners.
In these terms and conditions, "you" or "your" refers to all natural or legal persons or associations of persons who use the platform as partners or consumers for information purposes or to initiate or conclude car rental contracts. "We" or "our" means Oscar (as defined above).
B. GENERAL TERMS AND CONDITIONS FOR USERS
1. ACCESS AND SCOPE OF SERVICES
1.1 Use and authorisation
In general, you can view the advertisements published on the platform without registering.
The booking of 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.
By submitting the registration form, the user proposes to create a contract of use with Oscar, accepts the present general conditions of Oscar and declares that he/she is not deprived of the use of 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 precise, up-to-date and, to the extent required and specified, completed information. You agree not to impersonate any other person or entity when registering and to keep your account information current. In the event of any changes to the data collected after registration, the user must update their information in their user account without delay or - if this is not possible - inform Oscar of the changes without delay.
On our servers, we will protect your registration data from disclosure or unauthorized access by appropriate technical and organizational means. Outside of our control, you are fully 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 believe that your credentials have been lost, stolen, or your account is otherwise compromised.
A registration can only be made once per legal entity or per physical person. A user account is not transferable.
1.3 Description of services
We use the platform to enable the publication of vehicles for hire, 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"), in accordance with 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 behaviour of users or the legality, accuracy or completeness of the published advertisements, information and contact details. Despite various security precautions, it cannot be ruled out that incorrect data has been submitted or that this data has changed in the meantime.
You expressly acknowledge that we are not under obligation 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 agreeing to these terms, you acknowledge that Oscar is not a party to any contract to be entered into between you and any other user. You also acknowledge that Oscar has the right, but not the obligation, to monitor the use of the Platform and to verify content such as information, data, images, videos and sounds uploaded by our users (the "User Content").
1.4 No guarantee of availability
Oscar does not guarantee the availability or uninterrupted accessibility of the platform. Oscar may terminate or limit 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 suspend the Platform or any part or feature thereof, or to change the features of the Platform at any time without notice. Oscar will provide reasonable notice of any termination or permanent interruption of the Platform.
1.5 Links to third party websites
The platform may contain links to third party websites ("third party services"). These external services may be subject to different conditions.
Oscar is not responsible for the availability, legality, accuracy or value of these third party services or the content, products or services available through these third party services or their privacy policies and practices.
By providing links to these third party services, Oscar does not recommend or endorse them in any way. Your use of such third party services is entirely at your own risk.
2. INTELLECTUAL PROPERTY
2.1 Limited permission to use the Platform
By virtue of 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 run the Platform.
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 in breach of these terms is expressly prohibited. In particular, each user undertakes to:
2.2 Oscar's Use of User Content
By creating, uploading, publishing, 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, sub-licensable and transferable license to use, edit, view, analyze, store, copy, reproduce, modify or delete any User Content, including, without limitation, for the purposes of (i) operating, securing and improving 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 the actions set forth in these Terms, and/or (vi) maintain and enforce quality or suitability standards.
2.3 Oscar's Use of Partner's Logos, Trademarks and Trade Names
Any partner grants Oscar a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license 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 END OF REGISTRATION
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. An email to [email protected] is sufficient to inform the user of the termination.
3.3 Termination by Oscar
Oscar may terminate the registration at any time by giving two weeks' notice. An email to the user's email address provided during registration is sufficient for Oscar to notify the user of the termination.
The right of extraordinary termination is guaranteed.
3.4 Blocking of the user account
Oscar has the right to immediately block the user's account:
In the event that the user account is blocked, the user concerned is prohibited from re-registering with Oscar and opening a new user account until Oscar has given its explicit prior consent.
4. PAYMENTS AND CANCELLATION CONDITIONS
By using the Platform, you grant Oscar a collection mandate to process all collections, deposits and payments ("Payments") made on the Platform in its name and on its behalf. In particular, payments are processed by our payment service provider Clearhaus A/S, whose VAT number is DK33749996 and which is located in Denmark (the "Payment Service Provider").
Therefore, upon acceptance of the booking 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 Terms for Consumers) of these Terms.
5. LIMITATION OF LIABILITY
Oscar is liable for damages suffered by users in accordance with 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 service, (c) are based on a culpable breach of essential contractual obligations (see definition below), or (d) are a consequence of culpable injury to health, body or life, or (e) insofar as strict and enforceable statutory liability is provided for the respective damage.
Essential contractual obligations are those contractual obligations, the fulfilment of which primarily enables the proper execution of the contract and the observance of which can be regularly invoked by the contractual partner, and the breach of which 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 to the amount of commission payments received in the twelve (12) months prior to the commencement of such liability.
In all other respects, our liability and that of our vicarious agents is excluded, regardless of the legal basis.
The partner will 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 law or regulation. In this case, the Partner shall also bear the costs of the necessary legal defence, including all court costs and lawyers' fees in the legal 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 immediately provide Oscar with all information necessary for the examination of claims and a defence in a truthful and complete manner.
7. CHANGES TO THE GENERAL TERMS AND CONDITIONS
If the user objects to the amendment of the general terms and conditions in the correct form and within the correct period of time, the contractual relationship will be continued under the previous general terms and conditions. In this case, Oscar reserves the right to terminate the contractual relationship.
The general terms and conditions can be changed at any time with the explicit consent of the user.
If you have any complaints, queries, comments or suggestions, please do not hesitate to contact us. You can contact us at any time using the following details:
Phone: +32 2 616 36 56
E-mail: [email protected]
9. OTHER INFORMATION
Users may not assign, pledge or otherwise encumber their claims or other rights under these Terms and Conditions without the consent of Oscar.
Oscar is entitled to assign its rights and obligations under these Terms and Conditions in whole or in part to a third party. In this case, the user is also entitled to terminate the contract without notice in accordance with clause 3.2 at any time.
9.2 No compensation
The user is not entitled to set-off unless counterclaims have been legally established or are not disputed by Oscar.
9.3 No waiver
Any failure on the part of Oscar to assert its rights arising from or in connection with the platform or any breach of these terms and conditions in any particular case will not be considered a waiver of such rights.
9.4 Disputes between users
Each user acknowledges and agrees that Oscar has no obligation to arbitrate disputes between individual users.
However, if the users involved fail to resolve the dispute amicably, the user may submit the dispute to Oscar in accordance with these terms. Oscar may, but is not obligated to, at 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 with: (i) concerns about Oscar's compliance with its obligations under the "Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency 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 connection with the provision of the Platform that affect you; please contact Oscar using the contact details provided in Section B (Terms and Conditions), Clause 8. Your complaint will be investigated and passed to the appropriate internal parties to investigate the issue you have raised.
9.6 Entire Agreement
These Terms and any document incorporated by reference into these Terms constitute the entire agreement and understanding of the parties with respect to the Platform and supersede any prior agreement 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 assurances, statements, representations 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 are governed by German law, to the exclusion of the United Nations 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 or her habitual residence apply in addition, provided that these are more advantageous to the consumer than the provisions of German law and that Oscar operates in the state in which the consumer has his or her habitual residence or (also) directs its activities to the state in which the consumer has his or her 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 is 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 only take legal action against consumers in the courts of 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 will not be affected. The statutory law shall take precedence over the provisions of these general terms and conditions which are not included or which are invalid. If such a legal right 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 in economic terms.
B. SPECIAL TERMS AND CONDITIONS FOR CONSUMERS
1. RESERVATION PROCEDURE
If you are interested in posting a partner, you can make a booking request online by filling in the booking form, following the steps provided on the platform.
The last step before completing the booking is to confirm the payment. Before completing the booking, you will see a booking summary showing the vehicle you wish to hire and the amount of the vehicle hire charge (up to 100% of the vehicle hire charge) to be paid at the time of booking.
To confirm the payment, please click on the "Approve Payment" button. Before completing the booking, you must check all the information you have entered and correct any errors if necessary. Once we have received your request, we will start processing it immediately.
1.3 Confirmation of the reservation
After you have made a reservation, we will send you a confirmation email confirming that we have received your reservation.
1.4 Right of withdrawal
The consumer's right of withdrawal expires early at the end of the booking, provided that the contract between you and Oscar is to connect you with a partner and that Oscar has fully provided this contractual service.
By making the booking request, you expressly consent to Oscar's commencement of its services and acknowledge that your right of withdrawal expires upon the Contractor's full completion of the contract.
1.5 Conclusion of vehicle rental contracts and insurance
Oscar is not a party to a vehicle rental agreement between you and a partner (the "Vehicle Rental Agreement") and does not offer vehicle rental services nor does our platform allow you to directly enter into vehicle rental agreements.
If you choose to purchase insurance through the Platform, you also establish 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 can cancel the reservation by paying a cancellation fee as follows:
If the amount paid at the time of booking is less than 100% of the vehicle rental price, Oscar, through its payment service provider, is entitled to collect the balance.
1. The rental car must be returned on time and in the same condition as when it was collected. In case of extension of the contract, the customer service must be contacted. If the delivery time is exceeded, the hirer is responsible for the loss corresponding to this excess. The car is always the responsibility of the hirer, even if it is delivered outside normal working hours.
2. When collecting the car, the renter must immediately inform the lessor of any damage or defects that are not indicated in the damage register in order to avoid a deduction of the excess when returning the vehicle.
3. The cars and vehicles must not be used for:
4. It is always the responsibility of the renter to compensate for the full cost of damage caused by irresponsible driving, cf. 3. Furthermore, this also applies in the case of traffic violations, lack of oil/water or vandalism and misuse of the vehicle.
5. The renter accepts personal responsibility for paying:
6. By signing, the renter releases the lessor from any liability for items that the renter or other persons may have stored, left or transported in the vehicle.
7. The renter has taken all necessary precautions to avoid mechanical failure of the vehicle. However, if a mistake should occur, the lessor is not responsible for the consequences of this.
8. The renter is informed that the car may be equipped with a GPS tracking system, which allows the position of the car to be followed. The information obtained by GPS may be used by the lessor and is sometimes provided to third parties, including insurance companies and law enforcement agencies.
9. When purchasing additional kilometres, the renter is not entitled to compensation for unused kilometres. This also applies to kilometres included in the rental price.
10. Fuel is not included in the rental price.
11. Car rental is legally excluded from the right of withdrawal rule.
Our insurance covers the renter or any co-renters, as specified in the rental agreement.
In case of damage, the renter must inform the lessor immediately. The renter's notification must contain as much information as possible about the extent of the damage. The renter may not agree on payment, compensation or execution of repairs without the permission of the lessor.
1. Renters have an excess of up to 1000 euros per damage, unless it is clear in the rental agreement that additional excess insurance has been purchased and taken out.
2. The insurance covers the liability of the insured person when using the rented vehicle as a vehicle with the amounts stipulated by the Road Traffic Act.
3. With the exception of the following cases, the insurance covers any damage to the insured vehicle and the loss of the vehicle in case of theft. The cover also includes the vehicle itself, as well as accessories attached by the vehicle owner.
4. The insurance does not cover:
1. To rent a car in Oscar, the driver must bring the following items:
If you book the car more than 48 hours before the collection time, your choice of 100% or 25% + cancellation guarantee will be paid - on the rental price at the time of booking and the remaining amount at collection. If you book within 48 hours of collection time, the full amount will be paid at the time of booking.
3. Can I cancel my booking?
If the cancellation is made within 48 hours before the pick-up, Oscar is entitled to charge the full amount of the rental. If the cancellation is made more than 48 hours before the pick-up, you will only be charged 25% of the rental price. If you need to cancel or make any enquiries, please contact us on +32 2 616 36 56
4. Charge for the deposit :
When collecting your rental car, you will be charged a deposit. The deposit amount shown is subject to change in individual cases. Please note! You can only pay the deposit via our online payment system, this can be done with IDEAL or by credit/debit card.
5. Types of rental to choose from at Oscar
6. Long term rentals can be made for bookings of 28 days or more from the start of the booking. After that, the free rental days are removed.
7. Accessories such as car seats, child cushions and seat cushions can be hired for a fee. The renter is not responsible for the correct installation and use of these items.
8. The rental car must be collected at the agreed time. Oscar reserves the right to charge the full amount if the car is not collected at the agreed time.
9. The rental car must be returned at the agreed time. After 4 hours without delivery, the car will be declared stolen and a fee will be charged.
10. Oscar is not responsible for luggage or persons carried in a rental car. Oscar assumes responsibility for all types of consequential losses.
11. For safety reasons, it is forbidden to carry dangerous goods in the rented cars.
12. Oscar is not responsible for delays or non-delivery by the car rental company, and therefore no compensation is granted for this.
13. Terms of payment after the occurrence of additional costs: If it appears that additional costs have been incurred after the car has been returned, 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 call in a collection agency. Additional costs in the broadest sense of the word.
14. Avoid fees associated with your car rental:
List of fees related to your rental :
|Delayed return of the car||40 € + additional rental days.|
|Car pick-up in case of delayed return.||175 €+ 1,50 € pr. km.|
|Missing fuel||30 €+ fuel price|
|Interieur cleaning||25 €|
|Intensive interieur cleaning||75 €|
|Car wash||25 €|
|Smoking or animals in the car||200 €|
|Fines and unpaid parking tickets.||19 € + fine|
|Abroad insurance not taken.||200 € + additional costs for foreign insurance|
|Letting drive an unregistered driver.||250 € + extra driver at 5€ per day|
|Delivery behavior detected||
Withdrawal complete deposit amount
An Oscar car subscription or long-term rental is a subscription solution that allows you, as a customer, to rent a car over a monthly period. Below you will find the conditions of a long-term rental, including payment, liability, obligations and termination. The first payment for a long-term rental must be made on the subscription date, after which payments will be made monthly.
1. Setting up a long-term rental.
When setting up a long term rental, the customer must agree to our subscription and business conditions. The easiest way to create a car subscription is to use our online booking form, where the customer can find the car they want, see the price of the car, check the mileage included and opt for extra insurance, extra mileage and accessories, if they wish. The customer will then be sent to 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 conditions, he accepts that OSCAR deducts the monthly price of the long-term rental from the credit card entered for the duration of the rental. An invoice will be sent when the long-term rental is created and terminated. The customer service can be contacted at any time if the customer wishes to change the registered credit card.
3. Responsibility and liability
When creating a long-term rental, the customer accepts the responsibility to return the car on the end date of the long-term rental and to return it in the same condition as when the car was picked up, unless otherwise agreed. In addition, the customer guarantees the coverage of the credit card entered so that payment is made on time.
4. Termination and fixing
The customer determines the duration of the subscription when booking, specifying an exact date for the end of the long-term rental. The long-term rental is automatically terminated at the end of this period. If the subscription is extended, the customer must contact Oscar's customer service before the end of the subscription period - this will allow the agreement to be reached. If the subscription is terminated before the agreed period, 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 +32 2 616 36 56.
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