Part 1 – Booking Service Terms

1. DEFINITIONS.

"Booking Services" means the services set forth in paragraph 4 of this Part 1, which shall be provided to you by SPOTCARS BV.

"Car Rental Provider" means a provider of rent a car services, including any drivers/agents/agents/agents/agents licensed to deliver and collect car rental vehicles.

"SPOTCARS BV" shall mean a private limited liability company incorporated and registered in Netherlands with company number 71301291, whose registered office is at Siriusdreef 17, 2132WT,Hoofddorp, Netherlands.

"Spotcars App" means the software application and related services provided by Spotcars B.V. to you pursuant to terms and conditions set forth in Part 2.

"Website" shall mean www.spotcarsapp.com.

2. SPOTCARS BV REGULATIONS.

According to our terms a car rental booking can be made by an individual in possession of a valid driver’s license for more than one year, with a proof of address and a debit/credit card in his name, with physical and psychical abilities to drive a vehicle. For renters residing outside Europe an International Driver License is required.Minimum rental age accepted is 24years old.

3. THE PROVISION OF BOOKING SERVICES BY SPOTCARS BV

SPOTCARS BV provides to you certain booking services (the "Booking Services"). The Booking Services include:

• Accepting bookings requested by you in accordance with rental terms, but without prejudice to SPOTCARS BV’s rights at its sole and absolute discretion to decline any such request and/or cancel an accepted booking;
• Identifying suitable Car Rental Providers;
• Keeping records of bookings;
• Remotely monitoring rentals booked using the SPOTCARS APP;
• Receiving and dealing with feedback, questions and complaints relating to bookings accepted by SPOTCARS BV, which may be made by email: contact@spotcarsapp.com. You are encouraged to provide your feedback if any of the transportation services provided to you by a Car Rental Provider do not conform to your expectations; and
• Managing any lost property queries relating to bookings accepted by SPOTCARS BV,

in each case in accordance with any relevant provisions of the Legislation.

Pursuant to, and for the purposes of the Legislation, SPOTCARS BV accepts bookings according to regulatory obligations and liabilities with respect to that activity.

4. YOUR TRANSPORTATION CONTRACT WITH A CAR RENTAL PROVIDER

SPOTCARS BV is not a Car Rental Provider and does not provide car rental services. Car rental services are provided to you under a contract (the "Rental Agreement") between you and the Car Rental Provider that is identified to you in the Rental Agreement provided by SPOTCARS BV at time of pickup. 

The Car Rental Provider may be licensed in an area other than where the booking is requested or the car rental services are provided.

SPOTCARS BV is not a party to the Rental Agreement and acts as a disclosed agent for the Car Rental Provider in communicating the Car Rental Provider's acceptance to enter into the Rental Agreement.

5. PAYMENT.

The Booking Services are provided by SPOTCARS BV to you free of charge. SPOTCARS BV reserves the right to introduce a fee for the provision of the Booking Services. When SPOTCARS BV decides to introduce such a fee, it will inform you accordingly and allow you to either continue or terminate your access to the Booking Services through the SPOTCARS App at your option.

The rates that apply for the car rental services provided by the Car Rental Provider can be found on the SPOTCARS App. These may be modified or updated from time to time. 

6. LIMITATION OF LIABILITY.

To the extent permitted by applicable law, SPOTCARS BV will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for: any theft or loss of your or any other person's property in connection with the Booking Services or any booking accepted by SPOTCARS BV; 

a. any booking that has not been accepted;

b. any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the SPOTCARS APP; 

c. any losses that could not reasonably be expected to result from our negligence or breach of these Terms and Conditions;

d. any loss relating to your business or the business of your employer or any other person;

e. any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions); or

f. any other loss, damage, costs, expenses or liability that you suffer in connection with the Booking Services, save to the extent that SPOTCARS BV fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant services.

g. If SPOTCARSBV is liable to you in connection with the Booking Services, its liability will be limited to an amount equal to maximum 250euro.

Nothing in these Terms and Conditions will limit or exclude SPOTCARS BV's liability to you for personal injury or death caused directly by SPOTCARS BV's negligence.

7. APPLICABLE LAW.

The Booking Services and the Booking Service Terms set out in this Part 1, and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service Terms shall be governed by, construed and take effect in accordance with the place of business applicable laws.

Any dispute, claim or matter of difference arising out of or relating to the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of Netherlands

Part 2 – Terms of Use

These Terms of Use (“Terms”) apply to your visit to and your use of the SPOTCARS App as well as to all other information, recommendations and/or services provided to you on or through the Website and the Spotcars App, but for the avoidance of doubt these User Terms do not apply to the Booking Services defined and described in Part 1 above. However, defined terms used in this Part 2 shall have the meaning given in Part 1 unless otherwise specified.

1. Contractual Relationship

These Terms in Part 2 govern the access or use by you, an individual, from within any country in the world  of applications (including the Spotcars App), websites, content, products, and services (the “Services”) made available by Spotcars B.V., a private limited liability company established in the Netherlands, with company number 71301291, whose registered office is at Siriusdreef 17, 2132WT,Hoofddorp, Netherlands.

In relation to Car Rental Bookings, the Services enable you to access the Booking Services provided by SPOTCARS BV described in Part 1 above but, for the avoidance of doubt these Terms do not apply to the Booking Services defined and described in Part 1 above.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Spotcars BV. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. SPOTCARS BV may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. SPOTCARS BV will provide you with as much notice as it reasonably can of such termination, cessation or denial, being at least 24 hours notice. However, SPOTCARS BV reserves the right to terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, immediately at any time without notice if (i) you are in breach of these Terms, (ii) it is impractical to give such notice in the circumstances, or (iii) in SPOTCARS BV’s opinion, any delay in such termination would expose SPOTCARS BV or a third party to significant risk of harm or damage.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

SPOTCARS BV may amend the Terms related to the Services from time to time. Amendments will be effective upon SPOTCARS BV’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in SPOTCARS BV Privacy Policy as seen in the app and website at https://www.spotcarsapp.com. SPOTCARS BV may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include_once an accident, involving you and a Third Party Provider (including a Car Rental Provider) and such information or data is necessary to resolve the complaint, dispute or conflict.

2. The Services

The Services constitute a technology platform that enables users of SPOTCARS mobile applications or websites provided as part of the Services (each, an “Application”) to pre-book and schedule car rental, logistics, delivery, and/or vendor services with independent third party providers of such services, including independent third party car rental providers (including Car Rental Providers as defined in Part 1), independent third party logistics and/or delivery providers under agreement with SPOTCARS BV or certain of SPOTCARS BV’s affiliates (“Third Party Providers”). Unless otherwise agreed by SPOTCARS BV in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT SPOTCARS BV DOES NOT PROVIDE CAR RENTAL SERVICES, LOGISTICS, DELIVERY OR VENDOR SERVICES OR FUNCTION AS A CAR RENTAL PROVIDER OR CARRIER AND THAT ALL SUCH CAR RENTAL, LOGISTICS, DELIVERY AND VENDOR SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY SPOTCARS BV.

License.

Subject to your compliance with these Terms, SPOTCARS grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Spotcars BV and SPOTCARS BV’s licensors.

Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by SPOTCARS BV; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Third Party Services and Content.

The Services may be made available or accessed in connection with third party services and content (including advertising) that SPOTCARS BV does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. SPOTCARS BV does not endorse such third party services and content and in no event shall SPOTCARS BV be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Ownership.

The Services and all rights therein are and shall remain SPOTCARS BVs property or the property of SPOTCARS BV’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner SPOTCARS BV’s company names, logos, product and service names, trademarks or services marks or those of SPOTCARS BV’s licensors.

3. Your Use of the Services

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 24 years of age, , to obtain an Account. Account registration requires you to submit to SPOTCARS BV certain personal information, such as your name, address, mobile phone number and age, as well as driver’s license, id, proof of address and at least one valid payment method (either a credit card or debit card). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or SPOTCARS’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by SPOTCARS in writing, you may only possess one Account.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 24. You may not authorize third parties to use your Account, and you may not allow persons under the age of 24 to receive car rental services, delivery or vendor services from Third Party Providers. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Text Messaging.

By creating an Account, you agree that the Services may send you text (SMS) messages or app-notifications as part of the normal business operation of your use of the Services. 

Promotional Codes.

SPOTCARS BV may, in SPOTCARS’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that SPOTCARS establishes on a per promotional code basis (“ Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by SPOTCARS BV; (iii) may be disabled by SPOTCARS BV at any time for any reason without liability to SPOTCARS; (iv) may only be used pursuant to the specific terms that SPOTCARS BV establishes for such Promo Code; (v) are not valid for cash/offline payments; and (vi) may expire prior to your use. SPOTCARS BV reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that SPOTCARS BV determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

User Provided Content.

SPOTCARS may permit you from time to time to submit, upload, publish or otherwise make available to SPOTCARS through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to SPOTCARS, you grant SPOTCARS a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such SPOTCARS Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and SPOTCARS’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant SPOTCARS the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor SPOTCARS’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by SPOTCARS in its sole discretion, whether or not such material may be protected by law. SPOTCARS may, but shall not be obligated to, review, monitor, or remove User Content, at SPOTCARS’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. SPOTCARS does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Payment

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Services, SPOTCARS will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as disclosed payment collection agent for the Third Party Provider (as Principal). Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable according to terms, unless otherwise determined by SPOTCARS. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. SPOTCARS BV will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.

All Charges are due immediately and payment will be facilitated as soon as practicable by SPOTCARS using the preferred payment method designated in your Account, after which SPOTCARS will send you a confirmation receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that SPOTCARS BV may, as the Third Party Provider’s disclosed payment collection agent, use a secondary payment method in your Account, if available.

As between you and SPOTCARS, SPOTCARS reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in SPOTCARS’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. SPOTCARS will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. SPOTCARS may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your reservation for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. Cancellation fee is clearly explained in reservation confirmation page, depending on each provider and must be agreed by you before placing the reservation of services.

This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. 

Repair or Cleaning Fees.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning or rules violations(“Repair/Cleaning/Violation”) according to reservation of service terms agreed in relation with vehicle coverage agreed/vehicle responsibility/rental rules/local law. In the event that a Third Party Provider reports the need for Repair, Cleaning or processing other fines as a result of using the vehicles in violation of Rental Agreement terms , and such Repair or Cleaning request is verified by SPOTCARS in SPOTCARS’s reasonable discretion, SPOTCARS reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning or Violation on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by SPOTCARS BV to the applicable Third Party Provider and are non-refundable.

5. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SPOTCARS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SPOTCARS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SPOTCARS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

SPOTCARS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF SPOTCARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPOTCARS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF SPOTCARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPOTCARS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SPOTCARS’S REASONABLE CONTROL. IN NO EVENT SHALL SPOTCARS’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED EUROS (€250).

SPOTCARS’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE CAR RENTAL SERVICES, LOGISTICS, DELIVERY/COLLECTION WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT SPOTCARS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOOD, LOGISTICS, DELIVERY /COLLECTION SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity.

You agree to indemnify and hold SPOTCARS and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) SPOTCARS’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

6. Governing Law; Arbitration.

Except as otherwise set forth in this Agreement, the Terms contained in this Part 2 of this Agreement shall be exclusively governed by and construed in accordance with the laws of The Netherlands, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Amsterdam, The Netherlands, without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1) and/or Article 6:236n of the Dutch Civil Code. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

7. Other Provisions

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to SPOTCARS BV. Please visit SPOTCARS’s web page at https://www.spotcarsapp.com/legal for the designated address and additional information.

Notice.

SPOTCARS BV may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to SPOTCARS BV by written communication to SPOTCARS's address at Siriusdreef 17, 2132WT,Hoofddorp, Netherlands .

You may not assign or transfer these Terms in whole or in part without SPOTCARS’s prior written approval. You give your approval to SPOTCARS for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of SPOTCARS’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, SPOTCARS or any Third Party Provider as a result of the contract between you and SPOTCARS or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

Introduction

When you use SPOTCARS, you trust us with your information. We are committed to keeping that trust. That starts with helping you understand our privacy practices.

This policy describes the information we collect, how it is used and shared, and your choices regarding this information. 

Data collection and use

Scope

SUMMARY

This policy applies to users of SPOTCARS's services anywhere in the world, including users of SPOTCARS's apps, websites, features or other services.

This policy describes how SPOTCARS and its affiliates collect and use personal information to provide our services. This policy applies to all users of our apps, websites, features or other services anywhere in the world.This policy specifically applies to:

• Renters: users who request or receive car rental services
• Suppliers: users who provide car rental services companies
• Delivery/Collection partners: users who provide delivery/collection services

This policy also applies to those who provide information to SPOTCARS in connection with an application to use our services, or whose information SPOTCARS otherwise receives in connection with its All those subject to this policy are referred to as “users” for purposes of this policy.

The practices described in this policy are subject to applicable laws in the places in which we operate. This means that we only engage in the practices described in this policy in a particular country or region if permitted under the laws of those places. Please contact us if you have questions on our practices in your country or region.

Data controller

SUMMARY

**SPOTCARS provides services to users throughout the world.

the data controller for the information you provide or that is collected by SPOTCARS or its affiliates is:

SPOTCARS B.V.
Siriusdreef 17, 2132WT,
Hoofddorp, Netherlands.

Questions, comments and complaints about SPOTCARS's data practices can be submitted to SPOTCARS's data protection office via help@spotcarsapp.com

The information we collect

SUMMARY

SPOTCARS collects:

• Information that you provide to SPOTCARS, such as when you create your SPOTCARS account.
• Information created when you use our services, such as location, usage and device information.
• Information from other sources, such as SPOTCARS partners and third parties that use SPOTCARS APIs.

The following information is collected by or on behalf of SPOTCARS:

• Information you provide

This may include:

• User profile: We collect information when you create or update your SPOTCARS account. This may include_once your name, email address, phone number, login name and password, address, payment or banking information (including related payment verification information), government identification numbers such as Social Security number, driving licence or passport if required by law, date of birth, photo and signature. This also includes driver vehicle or insurance information. Background check information: We may collect background check information 
• Demographic data: We may collect demographic information about you, including through user surveys. In some countries, we may also receive demographic information about you from third parties.
• User content: We may collect information that you submit when you contact SPOTCARS customer support, provide ratings or compliments for services, or otherwise contact SPOTCARS.

• Information created when you use our services

This may include:

• Location information

Depending on the SPOTCARS services you use and your app settings or device permissions, we may collect your precise or approximate location information as determined through data such as GPS, IP address and Wi-Fi.

• • If you are a driver or delivery/collection partner, Spotcars collects location information when the Spotcars app is running in the foreground (app open and onscreen) or background (app open but not onscreen) of your device.
  • If you are a renter and have provided permission for the processing of location data, Spotcars collects location information when the Spotcars app is running in the foreground. In certain regions, Spotcars also collects this information when the Spotcars app is running in the background of your device if this collection is enabled through your app settings or device permissions.
  • Renters and delivery recipients can use the Spotcars app without allowing Spotcars to collect their location information. However, this may affect the functionality available on your Spotcars app. For example, if you do not allow Spotcars to collect your location information, you will have to enter your pick-up address manually. In addition, location information will be collected from the driver for delivery/collection and linked to your account, even if you have not allowed Spotcars to collect your location information.
• Transaction information

We collect transaction details related to your use of our services, including the type of services you requested or provided, your order details, delivery information, date and time the service was provided, amount charged, distance travelled, and payment method. Also, if someone uses your promotion code, we may associate your name with that person.

• Usage information

We collect information about how you interact with our services. This includes information such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or services you were using before interacting with our services. In some cases, we collect this information through cookies, pixel tags and similar technologies that create and maintain unique identifiers. 

Device information

We may collect information about the devices you use to access our services, including the hardware models, device IP address, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information.

• Communications data

We enable users to communicate with each other and SPOTCARS via the SPOTCARS apps, websites and other services. For example, we enable drivers/agents/agents/agents/agents and renters, and delivery partners to call or text each other. To provide this service, SPOTCARS receives some information regarding the calls or texts, including the date and time of the call/text and the content of the communications. SPOTCARS may also use this information for customer support services (including to resolve disputes between users), for safety and security purposes, to improve our products and services, and for analytics.

• Information from other sources

This may include:

• User feedback, such as ratings or compliments.
• Users providing your information in connection with referral programmes.
• Users requesting services for you or on your behalf.
• Users or others providing information in connection with claims or disputes.
• SPOTCARS business partners through which you create or access your SPOTCARS account, such as payment providers, social media services, on-demand music services, or apps or websites who use SPOTCARS’s APIs or whose APIs SPOTCARS uses (such as when you order a trip on Google Maps).
• Insurance providers (if you are a driver or delivery partner).
• Financial services providers (if you are a supplier, driver or delivery partner).
• Partner transport companies (if you are a driver who uses our services through an account associated with such a company).
• Publicly available sources.
• Marketing service providers.

SPOTCARS may combine the information collected from these sources with other information in its possession.

How we use your information

SUMMARY

SPOTCARS collects and uses information to enable reliable and convenient transportation, delivery and other products and services. We also use the information we collect:

• To enhance the safety and security of our users and services
• For customer support
• For research and development
• To enable communications to or between users
• To provide promotions or contests
• In connection with legal proceedings

SPOTCARS does not sell or share your personal information to third parties for third party direct marketing purposes.

SPOTCARS uses the information it collects for purposes including:

• Providing services and features

Spotcars uses the information we collect to provide, personalise, maintain and improve our products and services. This includes using the information to:

• Create and update your account.
• Verify your identity.
• Enable transport, deliveries and other services. 
• Process or facilitate payments for those services.
• Track the progress of your trip or delivery.
• Enable features that allow you to share information with other people, such as when you refer a friend to SPOTCARS.
• Enable features to personalise your SPOTCARS account, such as creating bookmarks for your favourite places, and to enable quick access to previous destinations.
• Perform internal operations necessary to provide our services, including to troubleshoot software bugs and operational problems, to conduct data analysis, testing and research, and to monitor and analyse usage and activity trends.

• Safety and security

We use your data to help maintain the safety, security and integrity of our services and users. This includes, for example:

• Using device, location, profile, usage and other information to prevent, detect and combat fraud or unsafe activities. This includes processing of such information, in certain countries, to identify practices or patterns that indicate fraud or risk of safety incidents. This may also include_once information from third parties. In certain cases, such incidents may lead to deactivation by means of an automated decision-making process. Users in the EU have the right to object to this type of processing; see Section II.I.1.d for more information
• Using user ratings to encourage improvement by affected users, and as grounds for deactivating users with ratings below a certain minimum as may be required in their region. Calculation and deactivation may be done using an automated decision-making process. Users in the EU have the right to object to this type of processing; see Section II.I.1.d for more information.

• Customer support

Spotcars uses the information we collect (including recordings of customer support calls after notice to you and with your consent) to assist you when you contact our customer support services, including to:

• Direct your questions to the appropriate customer support person
• Investigate and address your concerns
• Monitor and improve our customer support responses

• Research and development

We may use the information we collect for testing, research, analysis and product development. This allows us to improve and enhance the safety and security of our services, develop new features and products, and facilitate insurance and finance solutions in connection with our services.

• Communications among users

SPOTCARS uses the information we collect to enable communications between our users. For example, a driver may text or call a renter to confirm a pick-up location.

• Communications from Spotcars

Spotcars may use the information we collect to communicate with you about products, services, promotions, studies, surveys, news, updates and events.

This service is at the sole discretion of user and it can be disabled by user.

• Legal proceedings and requirements

We may use the information we collect to investigate or address claims or disputes relating to your use of Spotcars's services, or as otherwise allowed by applicable law, or as requested by regulators, government entities and official enquiries.

Information sharing and disclosure

SUMMARY

Some of Spotcars's services and features require that we share information with other users or at your request. We may also share your information with our affiliates, subsidiaries and business partners, for legal reasons or in connection with claims or disputes.

Spotcars may share the information we collect:

• With other users

• For example, if you are a renter, we may share your name, pick-up and/or drop-off locations with drivers/agents/agents/agents/agents. If you are a driver or delivery partner, we may share information with your renter(s) including your name and photo; 
• At your request

This includes sharing your information with:

• Spotcars business partners. For example, if you requested a service through a partnership or promotional offering made by a third party, Spotcars may share your information with those third parties. This may include, for example, other apps or websites that integrate with our APIs, vehicle suppliers or services, or those with an API or service with which we integrate, or business partners with whom Spotcars may partner to deliver a promotion, competition or specialised service.

• With the general public when you submit content to a public forum

We love hearing from our users, including through public forums such as SPOTCARS blogs, social media and certain features on our network. When you communicate with us via these channels, your communications may be viewable by the public.

• With the owner of Spotcars accounts that you may use

If you use a profile associated with another party, we may share your trip information with the owner of that profile. This occurs, for example, if you are:

• A driver using your employer’s SPOTCARS for Business profile
• A driver using an account owned by a partner transport company.
• A renter who takes a rental arranged by a friend or under another profile(additional driver)
• A delivery partner acting as a substitute 

• With Spotcars subsidiaries and affiliates

We share information with our subsidiaries and affiliates to help us provide our services or conduct data processing on our behalf. 

With SPOTCARS service providers and business partners

Spotcars may provide information to its vendors, consultants, marketing partners, research firms, and other service providers or business partners. This may include, for example:

• Payment processors and facilitators.
• Background check providers (drivers/agents/agents/agents/agents and delivery partners only).
• Cloud storage providers.
• Marketing partners and marketing platform providers.
• Data analytics providers.
• Research partners, including those performing surveys or research projects in partnership with SPOTCARS or on SPOTCARS’s behalf.
• Vendors that assist SPOTCARS to enhance the safety and security of its apps.
• Consultants, lawyers, accountants and other professional service providers.
• Fleet partners.
• Insurance and financing partners.
• Airports.
• Vehicle solution vendors or third-party vehicle suppliers.

• For legal reasons or in the event of a dispute

SPOTCARS may share your information if we believe it is required by applicable law, regulation, operating agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns.

This includes sharing your information with law enforcement officials, government authorities, airports (if required by the airport authorities as a condition of operating on airport property) or other third parties as necessary to enforce our Terms of Service, user agreements or other policies, to protect SPOTCARS’s rights or property or the rights, safety or property of others, or in the event of a claim or dispute relating to your use of our services. If you use another person’s credit card, we may be required by law to share information with that credit card holder, including trip information.

This also includes sharing your information with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.

• With your consent

SPOTCARS may share your information other than as described in this policy if we notify you and you consent to the sharing.

Information retention and deletion

SUMMARY

SPOTCARS retains user profile and other information for as long as you maintain your SPOTCARS account.

SPOTCARS retains transaction, location, usage and other information for 7 years in connection with regulatory, tax, insurance or other requirements in the places in which it operates. SPOTCARS thereafter deletes or anonymises such information in accordance with applicable laws.

Users may request deletion of their accounts at any time. Following such request, SPOTCARS deletes the information that it is not required to retain, and restricts access to or use of any information it is required to retain.

. In certain circumstances, SPOTCARS may be unable to delete your account, such as if there is an outstanding credit on your account or an unresolved claim or dispute. Upon resolution of the issue preventing deletion, SPOTCARS will delete your account as described above.

SPOTCARS may also retain certain information if necessary for its legitimate business interests, such as fraud prevention and enhancing users' safety and security. For example, if SPOTCARS shuts down a user's account because of unsafe behaviour or security incidents, SPOTCARS may retain certain information about that account to prevent that user from opening a new SPOTCARS account in the future.

Special information for EU users

SUMMARY

Beginning 25 May 2018, the processing of personal data of users in the European Union is subject to the EU General Data Protection Regulation (“GDPR”).

This section summarises SPOTCARS’s grounds for processing personal information under the GDPR, and the rights of EU users as relates to SPOTCARS’s handling of personal information.

From 25 May 2018, the processing of personal data of users in the European Union is subject to the EU General Data Protection Regulation ('GDPR'). This section provides information relating to EU users' rights and SPOTCARS's responsibilities under this regulation.

1. EU user rights

If you are an Spotcars user in the EU, you have the following rights with respect to Spotcars's handling of your personal information. To exercise these rights, please see below or submit your request to.(help@spotcarsapp.com)

Users outside the EU may also request explanation, correction, deletion or copies of their personal data.(help@spotcarsapp.com)

• a. Explanation and copies of your data
  • You have the right to request an explanation of the information that SPOTCARS has about you and how SPOTCARS uses that information.
  • You also have the right to receive a copy of the information that SPOTCARS collects about you if it is collected on the basis of consent or because SPOTCARS requires the information to provide the services that you request.
• b. Correction
  • If SPOTCARS has information about you that you believe is inaccurate, you have the right to request correction of your information. Please see the section titled 'Explanation, copies and correction' below for more information on correcting or requesting correction of your information.
• c. Deletion
  • Users can request deletion of their accounts at any time. Users can request deletion through the Privacy Settings menu in the SPOTCARS app, or via SPOTCARS website ( RENTERS and delivery partners to help@spotcarsapp.com). We may retain certain information about you as required by law and for legitimate business purposes permitted by law.
  • Please see the 'Information retention & deletion' section above for more information regarding SPOTCARS’S retention and deletion practices.
• d. Objections and complaints
  • Users in the EU have the right to object to SPOTCARS processing of personal data, including for marketing purposes based on profiling and/or automated decision making. SPOTCARS may continue to process your information notwithstanding the objection to the extent permitted under GDPR.
  • Users in the EU also have the right to file a complaint relating to SPOTCARS handling of personal information with the Autoriteit Persoonsgegevens, the Dutch Data Protection Authority. Their contact information is as follows:

Autoriteit Persoonsgegevens

Postbus 93374

2509 AJ DEN HAAG

(+31) - (0)70 - 888 85 00

• • You can also submit questions, comments or complaints to SPOTCARS at help@spotcarsapp.com

2. Grounds for processing

The GDPR requires that companies processing the personal data of EU users do so on the basis of specific legal grounds. As described below, SPOTCARS processes the information of EU users based on one or more of the grounds specified under the GDPR:

• a. The processing is necessary to provide the services and features you request
  • SPOTCARS must collect and use certain information in order to provide its services. This includes:
    • User profile information that is necessary to establish and maintain your account, including to verify your identity, enable communications with you about your trips, orders and accounts, and to enable you to make or receive payments.

• • • Driver location information, which is necessary to match drivers/agents/agents/agents/agents with renters, track trips while in progress and suggest navigation.
    • Transaction information, which it is necessary to generate and maintain in connection with your use of SPOTCARS services.
    • Usage information, which is necessary to maintain, optimise and enhance SPOTCARS services, including to determine, sometimes in combination with other information, incentives, connect renters and agents.
  • Collection and use of this information is a requirement of using SPOTCARS apps.
• b. The processing is necessary to protect the vital interests of our users or of others
  • SPOTCARS may process personal information, including disclosing data to law enforcement authorities in case of threats to the safety of users or of others.
• c. The processing is necessary for SPOTCARS legitimate interests
  • SPOTCARS collects and uses personal information to the extent necessary for its legitimate interests. This includes collecting and using information:
    • To maintain and enhance our users' safety and security. For example, we collect background check information (where permitted by law) to prevent unsafe users from providing services through our apps. We also use personal information to prevent use of our services by users who have engaged in inappropriate or dangerous behaviour, such as retaining information of banned users to prevent their use of SPOTCARS apps. We also use usage information to prevent matching of renters and agents for whom there is a higher risk of conflict (e.g. because they have been the subject of prior complaints from other users).
    • To prevent, detect and combat fraud in connection with the use of our services. 
    • To inform law enforcement officials regarding criminal acts or threats to public safety.
    • To provide customer support.
    • To optimise our service and develop new services. This includes, for example, identifying the best pick-up/drop-off locations, recommending (new) features and improving navigation.
    • For research and analytical purposes. This includes, for example, analysing usage trends to improve user experience and enhance the safety and security of our services.
    • For direct marketing purposes. This includes, for example, analysing data to identify trends and tailor marketing messages to user needs.
    • To enforce SPOTCARS Terms of Service.
• d. The processing is necessary for the legitimate interests of other persons or parties
  • SPOTCARS collects and uses personal information to the extent necessary for the interests of other persons or the general public. This includes sharing information in connection with legal or insurance claims to protect the rights and safety of others.
  • SPOTCARS may also process personal information when necessary in regards to a substantial public interest, on the basis of applicable laws.
• e. The processing is necessary to fulfil SPOTCARS's legal obligations
  • SPOTCARS is subject to legal requirements in the jurisdictions in which it operates that require us to collect, process, disclose and retain your personal data. For example, SPOTCARS is subject to laws and regulations in many cities and countries that require us to collect and retain information about your trips, to retain such information for extended periods of time, and to provide copies of such information to governmental or other authorities. SPOTCARS uses your information to comply with such laws to the extent that they apply to your use of the SPOTCARS apps.
  • SPOTCARS may also share information with law enforcement, or requests by third parties pursuant to legal processes. 
• f. Consent
  • SPOTCARS may collect and use your information on the basis of your consent. You can revoke your consent at any time. If you revoke your consent, you will not be able to use any services or features that require collection or use of the information we collected or used on the basis of consent.
  • SPOTCARS relies on consent in connection with data collection or uses that are necessary to enhance the user experience, to enable optional services or features, or to communicate with you. If you are an EU user, the following types of data collection or use are carried out on the basis of your consent.
    • Location information (renters, drivers/agents/agents/agents/agents/agents)
    • Share live location (renters,drivers/agents/agents/agents/agents/agents)
    • Notifications: Account and trip updates
    • Notifications: Discounts and news

Choice and transparency

SUMMARY

SPOTCARS provides the means for you to see and control the information that SPOTCARS collects, including through:

• in-app privacy settings
• device permissions
• in-app ratings pages
• marketing opt-outs

You can also ask SPOTCARS to provide you with explanation, copies or correction of your data.

A. PRIVACY SETTINGS

The Privacy Settings menu in the SPOTCARS Renter app gives users the ability to set or update their location and contacts sharing preferences, and their preferences for receiving mobile notifications from SPOTCARS. Information on these settings, how to set or change these settings, and the effect of turning off these settings are described below.

• Location information
  • SPOTCARS uses renters device location services to make it easier to get a safe, reliable delivery/collection whenever . Location data helps improve our services, including pick-ups, navigation and customer support. 
  • You can enable/disable or adjust SPOTCARS's collection of renters location information at any time through the Privacy Settings menu in the SPOTCARS app, or via the settings on your mobile device. If you disable the device location services on your device, your use of the SPOTCARS app will be affected. For example, you will need to enter your pick-up or drop-off locations manually. In addition, location information will be collected from the driver/agent during your delivery/collection process and linked to your account, even if you have not enabled SPOTCARS to collect your location information.
• Share live location (renters)
  • If you have enabled the device location services on your mobile device, you can also enable SPOTCARS to share your location with your driver/agent from the time of delivery to the end of your trip. This makes it easier for your driver/agent to deliver/collect the vehicle
  • You can enable/disable location sharing with your driver/agent at any time through the Privacy Settings menu in the SPOTCARS app. You can use the SPOTCARS app if you have not enabled location sharing, but it may be more difficult for your driver/agent to locate you.
• Notifications: Account and trip updates
  • SPOTCARS provides users with trip status notifications and updates related to your account. These notifications are a necessary part of using the SPOTCARS app and cannot be disabled. However, you can choose the method by which you receive these notifications through the Privacy Settings menu in the SPOTCARS app.
• Notifications: Discounts and news
  • You can enable SPOTCARS to send you push notifications about discounts and news from SPOTCARS. You can enable/disable these notifications at any time through the Privacy Settings menu in the SPOTCARS app. 

B. DEVICE PERMISSIONS

Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. These platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the SPOTCARS app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the SPOTCARS app seeks before you first use the app, and your use of the app constitutes your consent.

C. EXPLANATIONS, COPIES AND CORRECTION

You can ask SPOTCARS to:

• Provide a detailed explanation regarding the information SPOTCARS has collected about you and how it uses that information.
• Send you a copy of the information SPOTCARS has collected about you.
• Correct any inaccurate information that SPOTCARS has about you.

You can make these requests by contacting SPOTCARS to help@spotcarsapp.com 

You can also edit the name, phone number and email address associated with your account through the Settings menu in SPOTCARS's apps. You can also look up your rentals, orders and deliveries history in the SPOTCARS apps.

E. MARKETING OPT-OUTS

You can opt out of receiving promotional emails from SPOTCARS website.You can also opt out of receiving emails and other messages from SPOTCARS by following the instructions in those messages. Please note that, if you opt out, we may still send you non-promotional messages, such as receipts for your trips or information about your account.

Updates to this policy

SUMMARY

We may occasionally update this policy.

We may occasionally update this policy. If we make significant changes, we will notify you of the changes through the SPOTCARS apps or through others means, such as email. To the extent permitted under applicable law, by using our services after such notice, you consent to our updates to this policy.

We encourage you to periodically review this policy for the latest information on our privacy practices. We will also make prior versions of our privacy policies available for review.