TERMS OF USE AND CONDITIONS
A. INTRODUCTION
The online car-sharing application, Caroo App (Website www.caroo.gr) (hereinafter referred to as the “Application”), was designed and implemented by the private capital company named “CAROO MOBILITY SERVICES PRIVATE CAPITAL COMPANY” (with GEMI number 169167801000 and VAT number 802061598), which holds full ownership of the Application (hereinafter referred to as the “Company”). Every visitor/user of the Application or Website declares that they fully and unconditionally accept the terms and conditions of use contained herein and agrees to comply with them. These terms and conditions, as well as the Company’s privacy policy, constitute the agreement we have entered into regarding the services provided. The counterparty refers to the user-driver, i.e., the person who makes the car reservation through the Application and is the only person authorized to drive the vehicle. Therefore, please read these Terms carefully before you start using the Application and the Website. If you use the Application and the provided Services, you agree to comply with and be bound by these Terms, which govern Caroo’s relationship with you. If you do not agree, you should stop visiting, refrain from using the content of the Application, and not proceed with making a reservation or using a car. The use of the Application is only permitted if the visitor/user agrees to and accepts all the terms and conditions stated below. A user is the individual-driver who makes the car reservation through the Application and is the only person entitled to drive the vehicle. The right to use the Application is granted only to those who possess full legal capacity. The visitor/user wishing to use the services provided by the Application must provide true, complete, and current personal information and ensure that this information remains accurate and complete at all times.
B. AMENDMENT OF TERMS
We may make changes to the Terms for valid reasons, such as improving existing functions or features, adding new functions or features to the Services, implementing advancements in science and technology, making reasonable technical adjustments to the Services, ensuring the functionality and security of the Services, or for legal, regulatory, or commercial reasons. For any changes to the Terms, we will provide you with appropriate prior notice as circumstances permit, e.g., by visible notification in the Application or Website or by sending an email. Continued use of our Services after changes have been implemented and the relevant notification will constitute your acceptance of the modified Terms. Therefore, you should make sure to read any such notice carefully. If you do not wish to continue using our Services according to the new version of the Terms, you can terminate the use of the Application.
C. OBJECT OF THE APPLICATION AND METHOD OF ACCESS
Through the Application, the User, upon registration, can search for and select the nearest vehicle or the vehicle they wish and rent it for use to make a trip within the specified limits in the Attica region. Specifically, to register in the Application and use the provided services, the User must fill in the relevant fields with information such as age, driving license, payment method, and contact details. To verify these details, the User must upload a copy of their Police Identity Card or Passport and their driving license and provide the number of the credit or debit card they will use for payment and their Bank details. Caroo’s contact details are: Address: Acharnes Attica, Filokleous Street, No. 18. Phone: 6988236013 Email: info@caroo.gr Web: https://caroo.gr/
D. OPERATION AND COST
The services provided are operated using a “smart” mobile phone and through the Caroo Application. The Application (App) is intended to be operational 24 hours a day, 7 days a week. As detailed below, the use of the Application and the provided services, i.e., renting and driving a car, is permitted only to individuals aged over twenty-one (21) years, who hold a valid driving license that has been issued at least one (1) year prior to the Registration in the Application and its use. The car is prohibited from being driven by anyone other than the User, i.e., the individual-driver who made the car reservation through the Application (App), in order to make a trip and meets the above conditions. The User can search through the Application (App) and the map displayed on it for the nearest car or the car they want and rent it to make a trip. The User can move with the car they have selected through the Application (App) for a trip within the Attica region limits and can park this vehicle only in the permitted parking zone, as described explicitly in the Application. The User is strictly prohibited from moving outside the Attica region limits and from parking outside the described limits and maps displayed in the Application (App). If the User moves outside the explicitly defined limits, they will be notified by the Application to comply with the Terms of Use and the set movement limits. The User has the option to make a reservation through the Application (App) for the desired car. The reservation of a car can be made immediately before unlocking the car via the QR code. To unlock the car selected for use, the User must scan the QR code, which is located in visible spots on the car. When making the car reservation, the User does not need to specify a particular time limit for using the vehicle. The reservation and use of the car last until the User decides to end it. The end of the reservation and use of the car chosen by the User through the Application (App) occurs after the User, following the completion of the trip, uploads (posts) all required photos of the vehicle via the Application and then locks the car through the Application. The car keys must always remain inside the vehicle, and the User is strictly prohibited from removing them from the car. The car opens via the aforementioned QR code, located in visible spots on the car, and locks via the Application. The User’s charge starts from the moment they make the car reservation through the Application (App) and not at the moment they unlock it by scanning the QR code located in visible spots on the car. The Application (App) is installed on the User’s mobile phone for free, while the cost of the services provided through the Application (App) is as stated in the Application and on our website. Charging rates may change at any time without prior notice. Fuel expenses are covered by Caroo, which ensures that the cars always have sufficient fuel for their movement. When the User completes their trip, uploads (posts) all required photos of the vehicle, and locks the car through the Application, the charge stops, and the Application (App) directs them to a payment screen where details such as time, cost, and duration of the car reservation – rental are displayed. After these details appear, the User must verify the billing information and confirm the payment. The User is obligated to make the required payment for the reservation and use of the car they made. The User does not have the right to unlock the car again, as the reservation has ended and the trip is completed once the User locks the car via the Application. If the User has uploaded (posted) all required photos of the vehicle and locked the car through the Application (submit & lock), and if the User wishes to use a car again for another trip, they must make a new reservation. The Application (App) provides the option for cost splitting among individuals who have installed the Caroo App and must scan a unique code from the App of the User who made the reservation, rented the car, and is the driver. In case of payment failure by third parties, the total cost of the trip is fully and solely borne by the User-driver, who is also the sole renter of the car. The User is required, except explicitly for private parking areas. If the User parks the car in a location outside the aforementioned Attica region limits, they will incur an additional charge (penalty) based on the distance from the allowed parking area. Specifically, a) for parking up to five (5) kilometers from the permitted parking area, the User will incur an additional charge (penalty) of twenty (20) euros, b) for parking more than five (5) kilometers from the permitted parking area, the User will incur an additional charge (penalty) of twenty (20) euros plus the cost of transporting the vehicle within the permitted area. Additionally, a) if the User parks in a private parking area, although expressly prohibited, they will incur an additional charge (penalty) of twenty (20) euros plus the cost of private parking, and b) if the User parks illegally, although expressly prohibited, they will incur an additional charge (penalty) of twenty (20) euros plus the fine amount for illegal parking, if issued. The User, after completing their trip and parking the car, must take four (4) photos of the car, i.e., photograph it from all sides, to determine the condition in which the User parked the car after completing their trip, and upload (post) these photos via the Application to ensure insurance coverage and then lock the car (submit & lock). The Application, with the User’s consent, collects these images uploaded (posted) by the User, which exclusively pertain to the car rented via the Application and come from the User’s Device camera, so Caroo can know the condition in which the car is left by the User, determine if any damage has occurred, and comply with insurance legislation. These specific photos, which exclusively concern the car rented by the User via the Application, are uploaded via the Application to a Company server. The car keys must always remain inside the car, and the User is not allowed to remove them.
E. GENERAL TERMS
By accepting these Terms during the registration process on the Application and during its use and the provided services, you agree to comply with and be bound by these Terms as they stand at any given time. The Application and the provided services are intended solely for use by individuals aged over twenty-one (21) years, who possess a valid driver’s license that has been issued at least one (1) year prior to registration on the Application and use of its services. The vehicle may only be driven by the User, i.e., the individual-driver who made the car reservation through the Application (App), in order to undertake a trip and meets the aforementioned requirements. By using the Application and the provided services, you guarantee and responsibly declare that: a. You are at least twenty-one (21) years old. b. You possess a valid driver’s license that has been issued at least one (1) year prior to your registration on the Application and use of its services. c. All the information you provide to us is true, complete, accurate, and up-to-date. Additionally, by using the Application and the provided services, you agree that we have the right, as a condition of your registration on the Application and its use, to verify your age, the validity of your identity card or passport, that your driver’s license is valid and has been issued for at least one (1) year, and that you possess the credit/debit card you have declared you will use for payment. You agree that we have the right, at our sole discretion, to refuse your registration and use of the Application and the provided services if the above conditions are not met. We reserve the right to deny your registration and use of the Application and its services based on the authenticity of your identity card or passport and driver’s license, inability to verify your identity, age, and driver’s license, or payment methods, or any other information obtained from any other source during the verification process for completing the registration on the Application. By accepting the Terms, you explicitly declare, guarantee, and agree: a. That you are a competent driver and will remain competent throughout your use of the Application and the provided services. b. That your health condition is suitable for driving a vehicle safely without risk to yourself or others. c. That you are familiar with the operation of a vehicle. d. That you are aware of the laws regarding vehicles, the Road Traffic Code, and all other relevant laws concerning the regulation of traffic of all types of vehicles within the city in which you are driving the vehicle. You will not use the vehicle you have chosen through the Application in places where vehicle use is prohibited and you declare that you understand the legal rules regarding vehicle use, parking spaces (e.g., not obstructing or interrupting pedestrian traffic), and consumption of alcohol/narcotics while handling the vehicle.
F. USER OBLIGATIONS
In addition to the above, by accepting these Terms, you explicitly declare, guarantee, and agree that: a) It is strictly prohibited to drive the vehicle you have chosen through the Application while under the influence of alcohol, narcotics, or barbiturates. You explicitly acknowledge, agree, and accept that if you drive the vehicle you have chosen through the Application while under the influence of alcohol, narcotics, or barbiturates, you are not covered by any type of insurance and are solely responsible for remedying any damage to third parties or to the vehicle you have chosen through the Application, against Caroo or the insurer or any third party, in accordance with these Terms and the law. The vehicle may only be driven by the contracting User, with reasonable care and responsibility. You acknowledge and agree that if the vehicle is driven by any third party not authorized, you are not covered by any type of insurance, any limitations of liability do not apply, and you are responsible for remedying any damage to third parties or to the vehicle you have chosen through the Application, against Caroo or the insurer or any third party, in accordance with these Terms and the law. It is not allowed to use the vehicle you have chosen through the Application outside the explicitly defined limits, nor outside Greek territory. You are required to drive the vehicle you choose through the Application with due care and attention, always adhering to the Road Traffic Code and all relevant rules and laws. You must promptly inform and notify Caroo of any fines, seizures, confiscations, or penalties for traffic violations or violations of other laws, orders, or rules during the use of the vehicle you have chosen through the Application. All fines and administrative penalties arising from your fault are fully your responsibility. You are not allowed to transport individuals or objects for payment, occasionally or professionally, with the vehicle you have chosen through the Application, or use it for driving lessons, transporting explosives, or participating in races. You acknowledge and agree that if you use the vehicle for any of the aforementioned purposes, you are not covered by any type of insurance, any limitations of liability do not apply, and you are responsible for remedying any damage to third parties or to the vehicle you have chosen through the Application, against Caroo or the insurer or any third party, in accordance with these Terms and the law. You must take all necessary security measures to prevent theft of the vehicle you have chosen to use through the Application. Specifically, you should keep the doors and windows closed when not using the vehicle, as well as when you decide to end the use of the vehicle. It is agreed that if the vehicle is stolen during your use and the above-mentioned measures were not followed, you will be responsible for remedying the damage caused by the theft of the vehicle, liable for compensation equal to the commercial value of the vehicle. You must promptly notify Caroo if for any reason, during your use of the vehicle you have chosen through the Application, you lose control or possession of the vehicle. You will bear and be responsible for all expenses and charges due to violations of the Road Traffic Code made by you during the use of the vehicle you have chosen through Caroo. In the case of damage, theft, or accident during the use of the vehicle you have chosen through Caroo, you must promptly notify the relevant police authorities, not admit fault or liability, communicate immediately by phone or any other means with Caroo, ensure the preparation and receipt of an accident report, collect eyewitnesses’ details, prepare a rough sketch of the accident conditions, and complete, with as much detail as possible, within 48 hours, the special accident/theft report form of the cooperating insurance company and provide any documents or information related to the accident to Caroo. If you fail to fulfill the above obligations, especially failing to submit a report, you will be responsible for covering all damages to the vehicle, in full (not only participating in the deductible amount), and any damages to third parties. It is prohibited to transfer or assign your rights and obligations under these Terms or the law to any third party, in whole or in part. You are not entitled to make any changes to the vehicle and/or remove any existing parts or markings from it. It is prohibited to use the vehicle for any illegal purpose. You must keep the vehicle in excellent condition and use it with due care. It is explicitly agreed that if any problems or damage occur due to improper use of the vehicle during your use or due to non-compliance with the aforementioned, you are responsible for covering the damage. You are required to provide true, complete, and accurate personal information and ensure that this information remains accurate and complete at all times. Upon completing the trip and parking the vehicle, you must take four (4) photos of the vehicle, photographing it from all sides to determine the condition in which you have parked it after the trip, and upload these photos via the Application to ensure insurance coverage and then lock the vehicle (submit & lock). As mentioned above, the Application, with the User’s consent, collects these images uploaded by the User, which exclusively pertain to the vehicle rented through the Application and come from the User’s Device camera, so Caroo can know the condition in which the vehicle is left by the User, determine if any damage has occurred, and comply with insurance legislation. These specific photos, which exclusively concern the vehicle rented by the User through the Application, are uploaded via the Application to a Company server. The car keys must always remain inside the vehicle and should not be removed.
Z. CAROO OBLIGATIONS
CAROO commits to providing services in accordance with the terms outlined in this document and will make every effort to ensure the quality of the services provided. CAROO will ensure that the cars available to users are in good condition for safe driving. CAROO is not responsible for: a. Misuse of the services by the user. b. Failure by the user to meet their obligations as outlined herein. c. Use of the service by an unauthorized person (e.g., in the case of stolen or lost credit cards, identification, etc.). d. Damage, malfunctions, or interruptions of the system due to network issues in mobile phone networks, public telephony, GSM, GPRS, or any new generation networks developed by the mobile service provider. e. Force majeure. f. CAROO is not responsible for the manufacturing quality, functionality, or suitability of the car selected by the user. Additionally, CAROO is not liable if the selected car type lacks a feature promised by the manufacturer or if that feature ceases to exist during the user’s use.
H. LIABILITY
The user uses the car at their own risk. CAROO will not be liable for any damage or injury incurred by the user as a result of using the vehicle, except in cases of violation of the Terms due to gross negligence on its part. It is stated and agreed that the user will be liable for any direct or consequential damages, costs, injuries, claims, attorney fees, or third-party expenses that CAROO incurs and which arise directly or indirectly from the user’s use of the car, including liabilities created towards or claims raised by third parties. The user waives their right to take direct or indirect legal action against CAROO, its parent company or subsidiaries, as well as related directors, officers, employees, agents, service providers, representatives, subcontractors, licensors, suppliers, and heirs. We do not guarantee the quality and/or safety characteristics of any car and you agree that we are not liable for any physical harm caused by the use of the car. CAROO is not responsible for loss, theft, or damage to any property of the user or others, including passengers, inside the car chosen through the Application. The user will be solely responsible for any third-party claims for loss or damage caused inside the car to their property.
TH. CAROO RIGHTS
CAROO reserves the right to deny access to the Application and the services provided to any user who does not meet these terms, without further explanation. CAROO reserves the right to modify the form and content of the Application at its discretion and without prior notice. CAROO is not liable for any use of a car by the user or for any damage the user might cause to themselves or others due to the use of a car.
I. PAYMENT
Charges for the use of the car chosen through the Application are settled using the credit or debit card details provided during your registration. Your payment details are securely stored by a third-party payment provider. Cash payments are not accepted. During the rental and use of the car chosen through the Application, you agree not to cancel or otherwise prevent payment from your payment method without first notifying us and providing an alternative payment method from which we can collect the charges. By agreeing to the Terms of Use, you allow CAROO to collect all due charges and any damage charges, acknowledging your responsibility for making these payments. CAROO will only request payment for charges related to the use of the car chosen through the Application, in relation to your actions or failure to act as specified in the Terms. CAROO reserves the right to modify the cost/charges of the services provided. You remain responsible for all amounts owed to CAROO according to the Terms, and if payment is not made for any reason, such as expiration or cancellation of your credit or debit card, insufficient available balance at the time payment is required, or for any other reason, CAROO may take any legal action to protect its interests.
IA. INSURANCE
The cars, during normal use, are covered in Greece by an insurance policy, which is always inside the vehicle selected by the user through the Application. The deductible stipulated by the insurance policy is the responsibility of the user.
IB. OTHER GENERAL TERMS
Intellectual Property Rights
The Application and the Website are intellectual property of the company named “CAROO MOBILITY SERVICES PRIVATE CAPITAL COMPANY” (with GEMI number 169167801000 and VAT number 802061598), according to Law 2121/1993 “On Intellectual Property,” as amended and in force. CAROO retains exclusive intellectual property rights to the design and content of the Application and Website, except for content that may be added by users (e.g., comments/opinions posted by users). Any infringement of CAROO’s intellectual property rights in any way incurs legal responsibilities and penalties as defined by law.
Communication
All communication from CAROO to the user will be made validly, at its discretion, either to the email address or residential address provided by the user at registration.
Waiver
If CAROO does not exercise one or more of its rights under the Terms, even over a long period, it shall not be considered as a waiver of the terms, agreements, rights, and privileges, which remain in full force and CAROO may exercise them at any time, unless such a waiver has occurred.
Data Protection
CAROO will comply at all times with any relevant data protection legislation, including the General Data Protection Regulation 2016/679 (GDPR) and the terms of its Privacy Policy.
Jurisdiction
For any dispute or matter arising in relation to the use of the car through the Application or the Terms, the competent courts are those of Athens at any level and jurisdiction.