GENERAL COMMERCIAL TERMS AND CONDITIONS
Anydrive
(hereinafter referred to as “GCTC”)
Annex 1 Rules of Using the Anydrive Service
Annex 2 Rates
Annex 3 Penalties
Annex 4 Regulation for Determining Normal Wear-and-Tear
Annex 5 Territorial Restrictions on Using a Vehicle
Annex 6 Termination of the contract by notice
These terms (MemberTerms) set out the legal agreement that applies when a person (You,User,Client) either uses the Anydrive mobile application (App, Mobile Application),creates an account with Anydrive or accesses Anydrive’s services via the MobileApplication. Our Mobile Application is provided by Anydrive car rental LLC, commercial registration number 1274416 with its registered office located at Al Haybah 1, Control tower, office 301-0217,Motor city, Dubai, UAE. If You use Our services You enter into an agreement todo so on the terms set out in these Member Terms with Anydrive car rental LLC, commercial registration number 1274416 with its registered office located at Al Haybah 1, Control tower, office 301-0217, Motor city, Dubai, UAE. For the purposes of these Member Terms We refer to all Anydrive companies referred to above as Us, We, Our, Anydrive, Lessor
These GCTC regulate the reciprocal rights, obligations and principles of the contractual relationship between US and You.
1. Definitions and interpretation of expressions
The following expressions, having the meaning defined hereunder, are used in these GCTC and in the annexes thereto:
Accident Inspector – a person appointed by Us or Car Rental Company whose functions include determining the size of damage caused, determining who was responsible for a Road Traffic Accident and/or determining another person whose action was directly or indirectly related to the occurrence of damage to a Vehicle.
Act on Offences – local Act, Decree or other legal document, on accountability for offences and proceedings regarding them and local Act, Decree or other legal document, on road traffic and amending certain acts, as amended.
Activation – connecting You to a Anydrive Service, setting up a User Account for You so as to be able to access the functions of Anydrive Software, including submitting an Application to Rent a Vehicle, Reservation, hiring a Vehicle.
Application to Rent a Vehicle – an action determined by the GCTC (the annexes thereto) executed by You using the Mobile Application for the purpose of taking a Vehicle for temporary use.
Authorisation – executing the actions set out in the instructions for Anydrive Software for the purpose of identifying You as a client by way of entering a Login Name and Authorization Code, which You know and keeps secret, for the purpose of using Anydrive Software.
Authorization Code – a unique sequence of characters sent by Us to You in the form of an SMS to the Contract Number used to access Your User Account in the Mobile Application. An Authorization Code has the nature of an access password; in combination with the Login Name it is the equivalent of Your handwritten signature and confirms that You are the originator of the activities executed using the Login Name and the Authorization Code.
Bonus Account – a virtual account which is not a bank account, does not make it possible to execute financial transactions and is used solely to keep records of Your saved bonuses, expressed in AED.
Car Rental Companies - third party business which may provide cars for rent through our Mobile Application
Client, You – a natural person (individual) with whom a Contract is concluded.
Contact Number – a mobile telephone number registered in Your name or which You use on other legal grounds in accordance with Legal Regulations and the requirements of mobile operators and which You communicate to Us when registering in the Mobile Application or at the Website and which is used as a Login Name and for communication between Us and You in the cases laid down in GCTC, the Contract and (or) Legal Regulations and for sending SMS to Us and to You.
Contract – a contract whose wording is approved by Our decision and all annexes thereto which are an inseparable part thereof, and all amendments and (or) additions. Contract includes, inter alia, the Contract on the Use of Anydrive Software and these GCTC. By entering into a Contract You obtain access to the Mobile Application and may enter into a rent contract in the manner laid down in these GCTC and the Rules and use the relevant Vehicle pursuant to them.
Customer care service – Our information centre, providing information support to You, for example when You are involved in a Road Traffic Accident, and coordinating activities, which accompany the rent of a Vehicle. The terms “Technical Support”, “Technical Support Service” and “Technical Support 24/7” also correspond to the term “Customer care service” on the Website and in the Mobile Application. The current telephone number of the Customer care service is available at the Website.
Insurance Rules – the insurance conditions binding on You in accordance with Legal Regulations, including the rules laid down by (1) the insurance rules laid down by the insurance company with which the Vehicle is insured and (2) other legal regulations which govern the insurance industry within the territory of the UAE, and (iii) the GCTC.
Login Name – Your Contact Number entered by You for access to Your User Account at the Website and (or) in the Mobile Application in connection with the Authorization Code, which is the equivalent of your handwritten signature and which confirms that You are the originator of activity undertaken using the Login Name.
Mobile Application – the Anydrive electronic application for Mobile Devices, which makes it possible to use Anydrive Services, including: Your Registration in the Anydrive Service, submitting an Application to Rent a Vehicle, Reserving a Vehicle, beginning and ending the Rental Period and the other activities described in these GCTC. You undertake the required operations for the purpose of installing the Mobile Application on a Mobile Device using the services of https://www.apple.com/itunes/ or https://play.google.com/store or https://appgallery.huawei.com on the Internet.
Mobile Device – an electronic device (smartphone, mobile telephone, tablet) which operated based on the iOS, Android or Windows operating system.
Parties –Anydrive and You according to these GCTC.
Penalties – fixed financial sums or sums determined in percentages of the amount of an unfulfilled or improperly fulfilled obligation specified in AED in Annex 3 to these GCTC which You must pay Us if You are in breach of and (or) improperly perform Your obligations arising from these GCTC.
Permitted Zone – the territory of the UAE in which it is permitted to use a Vehicle in accordance with the GCTC, excluding the territories specified in Territorial Restrictions on Using a Vehicle (Annex 5 to these GCTC) and (or) a territory to which entry is prohibited or restricted by Legal Regulations or the owners/operators.
Personal Data – information concerning You which We record in electronic format, on paper and (or) on another data carrier, including: (1) surname, first name (names), (2) date, month and year of birth, (3) place of birth, (4) Birth Number or other personal identification number, (5) number of proof of identity, date of issue, term of validity, indication of the body which issued proof of identity, (6) information about permanent residence (place of residence) and place of actual residence, (7) driving license number, date of issue, term of validity, indication of the body which issued the license, the scope of authorisation to drive, (8) contact details, including mobile telephone number and e-mail address, (9) information on the existence (absence) of medical contra-indications in relation to driving a motor vehicle, (10) photograph, (11) data on geolocation (navigation data), (12) any other personal data which is connected to or could be created in connection with entering into and performing a Contract and (or) agreements on the use of the Anydrive Service. Our normative documents, including these GCTC, Information on Personal Data Processing, Annexes to the GCTC and other documents may also specify a different list of data which constitute personal data.
Price – is the amount in AED which You should pay Us for the Anydrive Services provided in connection with the rent of a Vehicle (rent charge) and the use of Anydrive Software. The Price is the sum of the relevant Rates and, where appropriate, other amounts and fees according to the Contract and these GCTC.
Proof of Identity – official documents issued by a competent governmental authority which prove the identity of an individual.
Push-notification – a communication displayed on Your screen of the Mobile Device registered in Our information system, transferred from Our server to the Mobile Application installed on Your Mobile Device.
Rates - the rates of Our remuneration charged to You by Us as (1) specified in Annex 2 to the GCTC and (2) specified on the Website and/or in the Mobile Application and used within the scope of individual operations.
Registration – Your registration in accordance with the instructions in the GCTC, and the annexes thereto, for the purpose of using the Anydrive Service.
Regulation for Determining Normal Wear-and-Tear – the document used when determining the nature and extent of damage to a Vehicle and its comparison with normal wear-and-tear, which constitutes Annex 4 to the GCTC.
Rental Period – the period of time from the instant of initiating rent (pressing the “Start Rent” button in the Mobile Application) until the end of rent in accordance with the Contract and GCTC.
Reservation - a service provided to You consisting of limiting the use of a Vehicle by other Clients from the time of Reservation to the beginning of the Rental Period or to the time of cancellation of the rent of a Vehicle by You if You do not commence the rent during the term of validity of the Application to Rent a Vehicle.
Road Traffic Accident – a traffic accident, i.e. an incident which occurs during the Rental Period of a Vehicle involving the Vehicle and which results in the incurrence of harm to any individual’s health, death, damage to the Vehicle, to things or to buildings or the incurrence of other material loss or damage to any thing or individual.
Rules – the Rules of Using the Anydrive Service, which constitutes Annex 1 to these GCTC.
SMS – a short text message sent to Your Contact Number. SMS may be sent by Anydrive as part of performing the Contract and for information purposes, including informing You of the execution of a transaction using bank cards connected by You to Our information system.
System of Penalties – information about the Penalties imposed by Anydrive on You for breach and (or) improper performance of the individual requirements of the Contract and of the GCTC by You as specified at the Website and in the Mobile Application (either at the same address or at various addresses within the Website or the Mobile Application) and which constitute an inseparable part of these GCTC.
Territorial Restrictions on Using a Vehicle – restrictions which lay down requirements and territorial restrictions on the use of a Vehicle in accordance with Annex 5 to the GCTC.
User Account – a separate section in the Mobile Application which You access by entering a Login Name and Authorization Code, as known to You, in accordance with the terms and conditions of the Mobile Application. The User Account contains a set of information about You, including Personal Data, and is used to administer the services of the Website and (or) Mobile Application.
Vehicle – a vehicle provided to You for temporary possession and use in accordance with the terms and conditions of these GCTC.
Vehicle Towing – a measure to ensure procedure regarding an administrative offence in the form of compelled transportation of a Vehicle for temporary immobilisation at a special car park or area, including the use of another vehicle (towing vehicle) as a result of detention and (or) prohibition of operating a Vehicle by officials in accordance with Legal Regulations.
Waiting – the regime of using a Vehicle during which the engine of the Vehicle is switched off, the gearstick in in “P” position, the doors, trunk and windows are closed. This is used in the cases laid down by the GCTC for the purpose of leaving the selected Vehicle to You during the Rental Period. Movement of the Vehicle is prohibited in the waiting mode.
Website – Our website, available at https://anydrive.io.
Anydrive Service – the provision of a Vehicle to You for temporary use via Anydrive Software.
Anydrive Software – a set of software tools (including the Website and the Mobile Application) which ensures the operation of the Anydrive Service.
Interpretation of expressions
a) Unless the context demands otherwise, words in the singular cover the plural, and vice versa;
b) References to a specific paragraph, subparagraph, article or annex are interpreted as being reference to the paragraph, subparagraph, article or annex to these GCTC specified in this way.
c) References to (i) an amendment to or amended provisions of the GCTC cover addition, amendment, assignment, updating, revision or adoption of new wording, (2) the GCTC are interpreted as being references to the GCTC, which might be amended and supplemented from time to time.
d) Headings are only provided for clarity and do not influence the interpretation of these GCTC.
e) Any reference to the “Legal Order” is a reference to the Constitution of the UAE, any law (including constitutional) adopted for the purpose of the performance thereof, any international agreement which is binding on the UAE, a decision of the President of the UAE, a government regulation of the UAE, a decree of a central and (or) local body or official and other legal regulations and decisions of state bodies which relate to the defined group of people within the territory of the UAE.
f) Any reference to a provision of the Legal Order is a reference to a provision which may from time to time be amended or updated or adopted in new wording.
g) Reference to a “person” cover any natural person or legal person, public corporation, legal person founded by the state or a state body, any association, trust or company (irrespective of whether it has been created as a separate legal person) or two and more of the foregoing persons and references to a “person” cover their legal successors and permitted assignees.
h) For the expressions “including” and “covers”, it is considered that the expression “, inter alia,” follows them, if that expression is absent.
i) Any reference to a “foreign national” covers a reference to nationals from countries outside the UAE including foreign nationals with two or more state citizenships (excluding citizenship of the UAE) and to stateless persons.
j) Phrases like “including”, “includes”, “such as”, “for example etc”. are to be understood as illustrative and not to limit the generality of the preceding words.
k) You must not create a member account, nor use or attempt to use the Mobile Application or Our services if You do not agree to be bound by these Member Terms. You will be required to confirm Your agreement to these Member Terms when creating a member account.
l) You must not use Our services if You are not the person registered as a member who has booked the vehicle in question. That is a violation of the law and You may be subject to legal action and administrative costs. We will report any criminal act relating to Our vehicles to the competent authorities.
Member Requirements
a) To access Our services, You will need to create a member account on the App.
b) In order to create a member account, You must be at least 21 years old. If any of the services We offer require a higher minimum age, this will be stated during the process of accessing such services. We reserve the right to prohibit access to Our services to any person who We believe may not be of the minimum legal age to use such services.
c) You must only use Our services for lawful purposes.
d) You will comply with any Anydrive policies and instructions on the App which We make available from time to time in relation to any service which You use.
e) By proceeding to create a member account with Anydrive or accessing Our services, You represent to Us that You meet all relevant requirements set out in this GCTC, are lawfully able to enter into this agreement, and that You will comply fully with it and You agree to indemnify and hold Us harmless from all losses and costs that may arise if any such representation is false or You otherwise breach this section
f) To use Our Anydrive Service, You may need to have a Bluetooth enabled mobile phone.
2. The subject-matter of the Anydrive Service
2.1. Anydrive undertakes to provide You, in the manner which is laid down in these GCTC, a Vehicle for temporary use at Your request, pursuant to a Reservation, and You undertake to use the Vehicle in accordance with the terms and conditions of the Contract and of these GCTC, and the annexes thereto, to pay the Price of the Anydrive Service in a timely manner and to discharge the other obligations arising from the Contract and these GCTC in a due manner.
2.2. An Application to Rent a Vehicle, the Reservation of a Vehicle, the commencement and end of the Rental Period of a Vehicle and other actions ensuing from these GCTC are executed using the operations specified:
• in the Contract;
• in these GCTC;
• in the Mobile Application; and (or)
• via Our Customer care service (in the cases expressly specified in these GCTC).
2.3. A list of vehicles is presented in the Mobile Application from which You may independently choose Vehicles to use within the scope of the Contract. You must independently evaluate the condition of the Vehicle when receiving it for rent in accordance with the procedure laid down in the Rules. If You are unhappy with the Vehicle, then We may offer another Vehicle for rent if We have such a Vehicle available.
2.4. You may use a maximum of 1 (one) available Vehicle at any given time.
2.5. A Vehicle is provided to You for rent when the following conditions are met:
• Your User Account is not blocked; and
• the conditions of use of a Vehicle are met, in accordance with Article 3 of the Rules and the other terms and conditions of the Contract and these GCTC; and
• the requirements placed on You are met, in accordance with Article 1 of the Rules and the other terms and conditions of the Contract and these GCTC; and
• You satisfy other requirements of the Contract and of these GCTC valid for You or the manner of use of a Vehicle.
2.6. In matters which are not regulated by the Contract or these GCTC, relationships between the Us and You are governed by Legal Regulations.
2.7. A Vehicle may only be used in a Permitted Zone. The use of a Vehicle contrary to this requirement is prohibited.
2.8. We may broaden, narrow or cancel the restrictions laid down by this article, either in full or in part (inter alia, within the bounds of individual operations). The relevant notification of changes is made public in the Mobile Application and is valid for the term of publication, unless a different time limit is specified in notification. If You disagree with changes, You have the option of terminating the Contract by notice within a time limit of 7 days from the publication of notification. If no termination of the Contract occurs within the given 7-days’ period, the changes shall be deemed accepted by You.
3. Member account and enter into contract
3.1. To create a member account, You will need to send Proof of Identity, driving licence, current photograph (selfie) with Proof of Identity and other documents and information in the format specified by Anydrive, You must accept the terms and conditions laid down in the GCTC in accordance with the procedure laid down herein, i.e. by entering Personal Data in the Mobile Application and by confirming acceptance of the GCTC. You must ensure that You update Your information without delay if it becomes inaccurate.
3.2. The Member account is valid and the Contract is entered into force with You upon the Activation of Your User Account, after verifying whether You satisfy the requirements laid down in the GCTC (and the annexes thereto) and after checking the submitted documents.
3.3. If a person has obtained access to the functions of Anydrive Software without having satisfied the requirements laid down in this article, it must immediately inform Us of this and undertake not to exploit the possibilities which such access provides. Otherwise all operations executed in the name of that person with the use of Anydrive Software shall be considered operations executed by that person directly and a person that has obtained unauthorised access is exposed to recourse according to Legal Regulations.
3.4. Upon Member account activation You can enter into individual lease contracts with us or Car Rental Companies, in the manner laid down in these GCTC and in the Rules, and to use the relevant Vehicle pursuant to these within any Permitted Zone, save in cases when Your User Account is blocked in accordance with the Contract. You simultaneously agree that certain conditions (including the Rates, Territorial Restrictions on the Use of a Vehicle, requirements placed on You, the rights and obligations of the Parties) may differ within different Permitted Zones.
3.5. By entering into a individual lease contract, You confirm that:
3.5.1. You have fully familiarised yourelf with the terms and conditions of the Contract, the GCTC and the annexes thereto, the Rates, the Territorial Restrictions on the Use of a Vehicle, the powers of the Accident Inspector, the Regulation for determining normal wear-and-tear, the System of Penalties and the documents, requirements and rules connected with the performance of that Contract (including the documents of third parties);
3.5.2. You understand the significance and meaning of the documents specified in subparagraph 3.5.1 of the GCTC;
3.5.3. You agree with the content of the documents specified in subparagraph 3.5.1 of the GCTC and undertake to satisfy the requirements laid down by those documents;
3.5.4. You have provided valid data (including Personal Data) for the purpose of entering into and performing the Contract;
3.5.5. You satisfy the requirements placed on You as laid down in the GCTC and in the Contract and agree that You may not use a Vehicle in the case that You no longer satisfy those requirements;
3.5.6. You have been familiarised with the terms and conditions of processing Your Personal Data by Anydrive in accordance with the Contract and Legal Regulations;
3.5.7. You understand that We are authorised, at Our own discretion and to the required extent, to (1) place technical means in a Vehicle as making it possible to monitor the location of the Vehicle and possible breach of the Contract (smoke detector, GPS beacon etc) and (2) record calls during communication with the Customer care service and (3) use the data obtained when determining geographical location in the Mobile Application to the required extent;
3.5.8. You agree that the We are authorised, at Our own discretion and to the required extent, to independently, with the assistance of the Accident Inspector and/or the participation of third parties, including (i) the relevant organisations having the corresponding authorisation and/or (ii) service centres (technical inspection centres), undertake an assessment: (1) of the legitimacy of the imposition of penalties by the competent state bodies of the UAE for breach of Road Rules or other regulations of the Legal Order; (2) of the damage or loss caused to Us or Car Rental Companies and the monetary value thereof; (3) of the damage or loss caused to a Vehicle and the monetary value thereof; (4) of the costs of repair and maintenance; and (5) of other costs;
3.6. You must accept the results of an assessment executed in accordance with subparagraph 3.5.8 of the GCTC and the costs of repairs. You have the right to make a statement on the results of assessment.
3.7. You must adhere to the Legal Order and the terms and conditions of the Contract, the GCTC and the annexes thereto when using a Vehicle and to use a Vehicle with the required diligence.
3.8. The procedure for using a Vehicle, the requirements placed on You and other conditions for using a Vehicle are specified in the Contract, the GCTC and the annexes thereto, which are an inseparable part of the Contract. The terms and conditions of an operation are published in the Mobile Application and are an inseparable part of the Contract for the duration of their validity.
3.9. These GCTC are available to You by placing a file in the Mobile Application or Our Web site.
3.10. We will collect and process Your personal information in accordance with Our privacy policy. You understand and agree to Us sharing personal information as required with subcontractors and suppliers, third parties (such as insurers) and competent legal authorities.
3.11. You must not share Your User Account with any person. We are not responsible for any activity carried out on Your User Account due to Your failure to keep Your User Account secure. If You suspect Your User Account details have been compromised, You must tell Us immediately.
3.12. To access Our paid-for services, You must register a valid credit card or debit card held with a licensed bank with Your User Account. We may also accept other payment methods from time to time, but We do not commit to accepting any particular payment method at any time.
3.13. We are entitled to suspend or close a User Account of any person, at any time, for any reason.
3.14. Where You are party to a Rental Agreement Anydrive cannot amend such Rental Agreement and any changes will be a matter for You and the Car Rental Company, subject to the terms of the Rental Agreement. Anydrive is not be liable for any loss, damage or any other negative consequences arising out of or in conncetion with the Rental Agreement between You and a Car Rental Company.
3.15. We and Rental Companies may engage third-party services for signing a Rental Agreement in order to secure Your identification.
3.16. The fact You have not read the latest applicable version of the GCTC before entering into Rental Agreement does not preclude the application of the version of the GCTC that was in effect at the moment of the Rental Agreement conclusion.
4. Consumer protection
4.1. You may not withdraw from any prepaid Package after it’s confirmation; however, in the case that any rent is undertaken during that period You take note of and agree that We shall have the right to retain a proportionate part of the Price paid for such Package to an extent which corresponds to the rents already undertaken and to refund only the remainder to You. Withdrawal may be executed in the form and using the methods of communication laid down in Article XI of the GCTC.
5. Notification
5.1. Any information concerning the Contract will be communicated to You in one of the following ways:
• by sending written notification to the e-mail address specified by You in the User Account; or
• by sending an SMS to the Contact Number specified by You; or
• by sending Push-notification in the Mobile Application; or
• by sending documents to Your address.
5.2. You give Your consent to Us to call and send to Your registered Contact Number Push-notification, voice and SMS messages of an informative nature which contain information on the size of current and overdue claims arising during the performance of this Contract You, other information to concern the services provided to You and information about any amendment to the terms and conditions of the Contract and these GCTC (including the Rates).
5.3. If You are outside the territory of the UAE or uses a telephone number of a mobile operator that is not registered in the UAE as Your Contract Number and for the purpose of receiving an SMS service and (or) Authorization Codes, the particularities of operation of the systems of mobile operators increase the risk of late receiving or not receiving SMS sent by the Anydrive to You. You are aware of this risk takes full note of it and takes it into account when travelling abroad and when specifying Your mobile telephone number to Us as Your Contact Number and for the purpose of receiving SMS and (or) Authorization Codes.
5.4. We use email and electronic means to stay in touch with Our members. You (i) consent to receive communications from Anydrive in an electronic form via the email address You have submitted or via the App; and (ii) agree not to challenge the validity of any communication sent by electronic means.
6. Anydrive Software
6.1. Anydrive Software is continually being improved and for this reason, technical difficulties in its proper functioning might arise from time to time.
6.2. We may update and change the App from time to time for any reason.
6.3. The App is made available free of charge, unless stated otherwise in these GCTC.
6.4. We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the App for business and operational reasons.
6.5. Anydrive Software is proved “as it is”. We do not provide any guarantees that Anydrive Software shall be flawless, functional or fully available or that it shall meet Your requirements or expectation. You may use Anydrive Software at Your own risk. We do not assume any accountability for the fact that Anydrive Software does not meet Your expectation.
6.6. Anydrive is not accountable for the functioning of the device which You may be using when working with Anydrive Software.
6.7. For the purposes of the Contract and for ensuring the security of the Users and the Vehicles, the Mobile Application must use data about Your geolocation (navigation data) and undertakes to ensure the provision of the relevant data.
6.8. You agree that the data of Anydrive Software (including navigation systems), in conjunction with data on the operations of Your User Account, are sufficient for identifying You as a person to whom the relevant User Account has been assigned at the time determined by Anydrive Software (including the Rental Period, the use of certain Rates, monitoring movement etc.).
6.9. You shall note that if You are using the Anydrive Service outside the territory of the UAE, Your Personal Data shall also be used by the competent representative of the Anydrive in the relevant country (if available) for the purpose of providing the Anydrive Service. More detailed information regarding the processing of Your Personal Data and the use thereof can be found at the Website.
6.10. It is Your responsibility to maintain Your own internet connection and compatible device in order to access Our services and You are responsible for all costs associated with doing so.
6.11. The content on the App is provided for general information only. It is not intended to amount to advice on which You should rely. You must consider whether Our services are suitable for Your specific requirements. In particular, if We have enabled other members to leave reviews of vehicles or of Car Rental Companies, You acknowledge that We do not verify such reviews and that such reviews are the opinion solely of the author and not Anydrive and are not provided as an endorsement or recommendation by Anydrive.
6.12. Although We make reasonable efforts to monitor the quality of the App and services, We make no representations, warranties or guarantees, whether express or implied, that: the content on the App is accurate, complete or up to date or that any service will meet Your requirements; that the App or services will be available at any particular time or location; that the App or services will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the App is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from Your use of information, content or other material obtained from the App, Us, any Car Rental Company and/or service.
6.13. Third party websites. If the App contains links to other sites and resources provided by third parties, these links are provided for Your information only. Such links should not be interpreted as approval by Us of those linked websites or information You may obtain from them. We have no control over the contents of those sites or resources.
6.14. We do not guarantee that the App is virus (of whatever form) free.
6.15. You are responsible for the configuration of Your own devices and for ensuring that appropriate virus protection software is installed.
6.16. You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the servers on which the App is hosted, or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. You must not attempt to conceal Your location or identity when accessing the App. By breaching this provision, You may commit a criminal offence under UAE Federal Law No. 5 of 2012 on Combatting Cybercrimes and potentially under other laws. We will report any suspected criminality to the relevant law enforcement authorities and We will cooperate with those authorities by disclosing Your identity to them.
6.17. You must not deploy any software by any means with the intent to extract information from the App, other than information obtained in the normal course of using the services. In particular, You must use web-scraping tools or similar. We consider such actions to be unauthorised attempts to access the App and We may take further action against violators.
7. The rights and obligations of the Parties
7.1. The rights of the Client (when the User Account of the Client is not blocked):
7.1.1. to demand that We fulfill Our obligations arising from the Contract and these GCTC;
7.1.2. to use a rented Vehicle in accordance with the terms and conditions of the Contract and these GCTC and the requirements of the Legal Order;
7.2. The obligations of the Client:
7.2.1. to submit when entering into a Contract a driving license, Proof of Identity, other documents (including cases when this is laid down by the terms and conditions of using a particular discounted Rate/Package) and the information that must be completed when Registering You as a client. Documents must be legible, without light reflection, with all clearly legible data;
7.2.2. to receive, in accordance with the Contract and the GCTC, and to carefully use a Vehicle in strict compliance with its purpose, aim, requirements and the terms and conditions laid down in the Contract, the GCTC and the annexes thereto, Our instructions and recommendation, the Insurance Rules laid down in the policy/insurance contract, to take measures in a timely manner to prevent and avoid damage to a Vehicle and the incurrence of loss or damage to the property of third parties;
7.2.3. to drive a Vehicle yourself. Allowing third parties to drive a Vehicle is prohibited;
7.2.4. to ensure that a Vehicle is locked, to check for the presence and ensure the security of documents located in the Vehicle or on the Vehicle (document of motor third party liability insurance (if applicable), licence plate of the Vehicle, certificate of registration of the Vehicle, Salik and any other documents), to check for the presence of mandatory equipment (first aid kit whose minimum content of medicines and medical resources is laid down by local legislation warning triangle, jack, spanner for wheels, unless the Vehicle is equipped with wheels that facilitate emergency travel following a defect, set for the emergency repair of a defect without dismantling (repair kit), rubber mats in the place of the driver and passengers, special equipment installed inside the Vehicle), as of the time of receiving to the time of returning the Vehicle, in accordance with the terms and conditions of the Contract and the GCTC;
7.2.5. to adhere to Traffic Rules and the other requirements of the Legal Order when using a Vehicle;
7.2.6. to pay the rent charge and payments for reserving a Vehicle (Price) in a timely manner in accordance with the terms and conditions of the Contract and the GCTC, to pay the other payments laid down by the Contract and the GCTC, to make sure there are sufficient funds on the payment card to pay the rent charge and other payments according to the Contract and the GCTC;
7.2.7. at the end of using a Vehicle, to return it to Us or Car Rental Company (if applicable) in due technical condition in the manner laid down in these GCTC;
7.2.8. to conduct a personal visual inspection of the technical condition of the Vehicle which is to be rented. If discovering any visible damage to the Vehicle (outside and inside the Vehicle, including dirtying of the interior) before commencing the rent of the Vehicle, to communicate this to Us or Car Rental Company (if applicable) by sending the photographs of the damages or dirtying of the vehicle to Us or Car Rental Company (if applicable) via the Mobile Application. You agree that failure to fulfil these obligations means that such damage, dirtying, etc. occurs during Your Rental Period.
7.2.9. to immediately (as soon as physically possible) following the occurrence of relevant circumstances inform Us by telephone, on the telephone number of the Customer care service (or in the other ways specified by Us, including those which are specified in the Mobile Application) or unauthorised use / theft of a Vehicle, of any damage to a Vehicle, defects or faults to a Vehicle, a Road Traffic Accident, the demands or claims of third parties to concern a Vehicle or connected with driving the Vehicle, of incidents in which the Vehicle is involved, of incidents which You are obliged to report in according with the GCTC and the annexes thereto, of incidents and situations which could result in a Vehicle incurring damage, of the loss of the right to drive a Vehicle, proof of motor third party liability insurance, the licence plate of the Vehicle, the certificate of registration of the Vehicle, Salik, other documents which accompany the Vehicle, mandatory equipment or a part thereof (first aid kit whose minimum content of medicines and medical resources is specified by local legislation, warning triangle, jack, spanner for wheels, spare wheel, unless the Vehicle is fitted with wheels which facilitate emergency driving following a defect, set for emergency repair of a defect without dismantling (repair kit), rubber mats in the place of the driver and passengers, special equipment installed in the interior of the Vehicle and, where appropriate, other equipment and documents), to communicate reliable information about the specified situations and to respect Our instructions and the requirements of the Legal Order;
7.2.10. to respect the instructions of Our Customer care service /Accident Inspector and the Insurance Rules in the case of a Road Traffic Accident and (or) other loss event in accordance with the Insurance Rules;
7.2.11. to take measures to ensure the integrity of the Vehicle, to immediately (as soon as is possible) report a Road Traffic Accident, the unauthorised use/theft of a Vehicle to the law enforcement authorities of the UAE;
7.2.12. to be present in person (or to authorise a representative in the manner laid down by Legal Regulations) when assessing the matters associated with handling a Road Traffic Accident by the law enforcement authorities of the UAE or insurance companies;
7.2.13. to deal with (sign, confirm, initial) and receive (including from the law enforcement authorities of the UAE) the required documents which must be compiled in the cases laid down by Legal Regulations and by the Insurance Rules (save cases in which the Customer care service/Accident Inspector issues different instructions which are not contrary to Legal Regulations), including:
• written notification to the insurance company (even when notification was originally provided verbally) of the occurrence of a loss event, in the manner and within the time limit laid down by Insurance Rules;
• report of a Road Traffic Accident of the law enforcement authorities of the UAE, the ambulance service, the fire rescue service (if required);
• official record of the law enforcement authorities of the UAE, stating the time and place of the accident, indicating the parties involved in the accident, their places of residence, information on whether those persons hold driving licences, whether any of those persons were under the influence of alcohol, a description of the damage to the rented Vehicle, confirming the occurrence of the accident and the culprit (absence of an accident, absence of a culprit) issued by the law enforcement authorities of the UAE or another document confirming the occurrence of a loss event involving a Vehicle and You;
• in the case of unauthorised use/theft of a Vehicle – written notification of the unauthorised use/theft of a rented Vehicle, confirmation of the law enforcement authorities of the UAE on the results of the investigation of a crime (if this is possible);
• documents of third party motor liability insurance;
• certificate of registration of the Vehicle (certificate of roadworthiness);
• the other documents reasonably and legitimately demanded by the insurance company specified by Us to decide on insurance benefit specified in the Contract and/or in the Insurance Rules
7.2.14. to take full responsibility to hand over the duly compiled, valid documents specified in subparagraph 7.2.13 of the GCTC (originals of officially authenticated copies) to Us not later than on the business day after they have been compiled or received from third parties. You assume all financial risks caused by the late submission of duly compiled documents to Us, including cases in which the insurer decides to refuse insurance benefit or makes a recourse claim or a claim within the scope of subrogation. Incorrectly compiled documents submitted by You may be considered by Us not to have been provided, with the legal consequences ensuing from this.
7.2.15. to immediately inform Our Customer care service in the case of Vehicle Towing or prevention of movement of a Vehicle during the Rental Period and outside the Rental Period, if this was connected with Your action (negligence). If Your action (negligence) led to Vehicle Towing or immobilisation of a Vehicle You are obliged (1) to ensure the return of the Vehicle from the tow car park or ensure the end of the immobilisation of the Vehicle within the time limit determined by Us in accordance with the procedure laid down by Legal Regulations and (2) to ensure Your involvement in compiling and issuing a record of towing and (or) immobilisation of the Vehicle which is an annex to the official record of an offence (if written up in Your presence), and the official record itself. This obligation is imposed on You in the case that You learn of Towing or immobilisation from Us. In such case We are authorised, but not obliged, to inform You of Vehicle Towing. After collecting a Vehicle from a special yard, You shall park the Vehicle in the place specified by the Us. You are obliged to return the Vehicle within the time limit specified by Us. If the Vehicle is collected by Our employee, You shall pay Us, in full, all costs expended by Us, including the costs of transporting the Vehicle with the use of a towing vehicle, the compilation or receiving of the documents required for the return of the Vehicle in accordance with Legal Regulations and the costs of parking the Vehicle in the impound yard. You shall be exempted from paying the Penalty laid down in Annex 3 of these GCTC in the case that, within the time limit set by Us, (1) it ensures the release of the Vehicle from the impound yard, (2) it pays the costs of the towing service, (3) you pay the costs of parking the Vehicle at the impound yard, (4) You present to Us documents which confirm payment of the services specified in this paragraph and (5) You pay Us any damage incurred to the Vehicle in connection with Towing/immobilisation. Refusal to hand over the Vehicle by the employee of the impound yard shall not relieve You of the obligation to pay a Penalty;
7.2.16. if required by government bodies of the UAE, You are obliged, not later than within the time limit specified by Us and (or) Legal Regulations, to personally (or through Your representative presenting a valid power of attorney) appear at the relevant government body which issued such a requirement. Save cases in which You were present in person at the compilation of documents in which it is required that You appear at the relevant government body in person, We will inform You of the requirement of such a visit not later than the business day following the date on which We learn of such a requirement.
7.2.17. You must return the Vehicle at the end of the Rental Period with the same amount of fuel in the tank as at the time the vehicle was first provided to You;
7.2.18. You must take appropriate measures to secure Your User Account in the Mobile Application, including Your name, login name and Authorization Code, from unauthorised use by other persons and to immediately inform Us in the case that You discover such misuse. The start of unauthorised use is considered to be the instant at which You receive any information allowing to reach the conclusion of possible unauthorised use of data independent of Your will;
7.2.19. to inform Us in the case of a change to the mobile telephone Contact Number and other data;
7.2.20. to use the Website and the Mobile Application only for personal, non-commercial purposes;
7.2.21. not to use any technology and not to undertake any activity which could damage the Website and (or) the Mobile Application, the interests and (or) Our property;
7.2.22. following the end of the Rental Period, to leave the Vehicle in accordance with the terms and conditions of the GCTC with a set of documents (certificate of registration of the Vehicle, document of third party motor liability insurance), Salik, mandatory equipment, all accessories and additional equipment, including mats, keys to the Vehicle and special equipment, which were in the Vehicle at the time of acceptance of the Vehicle by You. If there is no access to the GPS system and (or) to the Internet and (or) to mobile communication at the expected place of returning the Vehicle, You must park the Vehicle at a place where access to the GPS system and (or) to the Internet and (or) to mobile communication is assured;
7.2.23. to replenish fuel in the Vehicle in the cases and in the manner laid down in the GCTC and the annexes thereto;
7.2.24. to ensure the security of Your property that may be stored on a Vehicle by You;
7.2.25. to adhere to the provisions of the Legal Order;
7.2.26. to fulfil other obligations laid down by the Contract, the GCTC and the annexes thereto and arising from the nature of the obligations laid down in the GCTC and in the Contract.
7.2.27. You may not alter any properties, make adjustments leading to the improvement/deterioration of a Vehicle, to mount (dismount) any facilities, apparatus in the Vehicle, to carry out repairs (irrespective of the level of difficulty) or organise these to be done by third parties.
7.2.28. You are not authorised to sell, provide as security, deposit or alienate a Vehicle in any other way, assign or transfer the right of use of a Vehicle provided to You to another person, or any other rights arising from the Contract.
7.3. Our rights:
7.3.1. to demand that You fulfill Your obligations arising from the Contract, the GCTC and the annexes thereto;
7.3.2. to determine procedure for Your access to a Vehicle for the purpose of ensuring the security of Our Vehicle and control of due adherence to the GCTC;
7.3.3. to check, at any time, assurance of the security of a Vehicle as property, the technical condition of the Vehicle and Your adherence to GCTC;
7.3.4. should We decide that there is a risk involved with the onward use of a Vehicle, We are authorised to terminate Your Rental Period, inter alia, by providing another Vehicle to You;
7.3.5. to use a copy of the signature of Our authorised person (using mechanical or other copying) in any document electronically signed by You. The Parties recognise the legal force of such documents;
7.3.6. to directly debit the following amounts from Your payment card (undertake the transfer of funds) without obtaining Your additional consent:
• payment of the rent charge, fees for reserving a Vehicle and other payments charged in accordance with the Contract and the List of Tariffs, including Penalties and administrative costs;
• postage, telegraphic and other Our costs and expenses incurred when sending communications, notifications and documents to You in connection with breach or improper performance of the Contract;
• loss, including cases in which the size of damage is determined by the Accident Inspector, Your debt towards Us arising from the Contract and from any other obligations arising as a consequence of the causing damage or loss based on other grounds laid down by Legal Regulations and compensation for the costs incurred by Us in consequence of Your action (neglect) in connection with the Contract and/or the GCTC;
• other amounts in the cases laid down by Legal Regulations and by agreements between Us and You;
7.3.7. when suspecting unconscionable action by You (including, although not exclusively, the provision of false information, the inability to debit money, etc.), to block Your possibility of using the Anydrive Service, in full or in part, without being obliged to inform You of the reasons for blocking;
7.3.8. to assign the rights and obligations arising from this Contract to third parties and to involve third parties in the performance of Our individual activities arising from the Contract, inter alia, pursuant to a contract of assignment. You shall be informed of these circumstances at Our discretion in accordance with the relevant provisions of the Legal Order;
7.3.9. to take audio recordings of communication with You (including an audio recording of telephone calls) in the case that communication is connected with the performance of the Contract;
7.3.10. to deduct, when debiting amounts from Your payment card, administrative and financial costs of 20 % of the amount of each payment, save payments for the rent of a Vehicle and the debiting of Penalties, which You are obliged to pay in accordance with the terms and conditions of these GCTC.
7.3.11. We have other rights laid down by the Contract, the GCTC and the annexes to the GCTC and arising from the nature of the obligations arising from the Contract.
7.4. Our obligations:
7.4.1. to provide You with a Vehicle in good technical condition which complies with the requirements placed on the operation of Vehicles, complete and operational, with the required documentation (certificate of registration of the Vehicle, proof of arrangement of motor third party liability insurance); the handover of the specified documents is not confirmed by any additional documents and proceeds at the same time as acceptance of the Vehicle for use in accordance with 5.11 of the Rules;
7.4.2. to cover the costs of maintaining the Vehicle, motor third party liability insurance and other expenses incurred in connection with the operation of the Vehicle for the purposes laid down in the GCTC;
7.4.3. to provide You, by way of publication in the Mobile Application, with information about a Vehicle, types of Vehicles, technical characteristics (at Our discretion, Rates);
7.4.4. to ensure, on time and at Our own expense, technical inspections of a Vehicle in accordance with Legal Regulations;
7.4.5. Where a Party has not exercised any right awarded to it by the Contract and the GCTC, such right is not forfeited and the Party is authorised to exercise such right in the future.
8. The price of Anydrive Services and the terms and conditions of payment
8.1. You agree to pay Us the Price, which comprises the rent charge for the use of a Vehicle, which is calculated as the sum of the relevant Package.
8.2. The applicable Fee will be displayed on the App as certain Package which could be a daily Package or a several number of days Package. The fee will become payable when Your booking period commences and the total due will be calculated by Us when Your booking period ends, unless provided otherwise in the Contract and in these GCTC.
8.3. Payments pursuant to the Contract are made by debiting funds from Your payment card via Our payment provider. Collection of payments for the rent and (or) Reservation of a Vehicle is done without charging commission for the execution of payment.
8.4. After receiving an Authorization Code and opening restricted access to the services of Mobile Application, You may assign Your payment card from which funds shall be debited as payments according to the Contract and the GCTC for the services of the Mobile Application. It is only permitted to use payment cards which enable payments over the Internet. You must ensure the opportunity to make payments over the Internet yourself via the bank that issued the payment card.
8.5. When registering in the Mobile Application, the system Mobile Application is integrated with Your payment card, by way of which the debiting of funds from registered payment card for the payment of obligations arising from the Contract and the GCTC is made possible.
8.6. Funds are debited from registered payment card solely in accordance with Our Tariff List and the other terms and conditions of the Contract and of the GCTC, including annexes thereto. Funds are debited when We have reason to debit them in accordance with the Contract and the GCTC, including: the reservation of the Vehicle, receiving information of breach of the terms and conditions of the Contract by You, compensation for loss or damage and other cases laid down by the Contract and the GCTC. You will be informed of the debiting of funds in all cases, save the debiting of funds for the payment of the rent charge (payment for the reservation of a Vehicle), on the condition that You are not in breach of the Contract and of these GCTC. Information regarding payments made is also provided in Your User Account in the “Payment history” section.
8.7. The debiting of funds for the use of a Vehicle may be conducted following the end of the Rental Period of a Vehicle or in individual portions during the Rental Period of the Vehicle at Our discretion.
8.8. The debiting of funds for the use of a Vehicle in accordance with the Tariff List and a Package which specifies payment in advance or a method of payment other than the method specified in the first paragraph of this article is carried out prior to the commencement of the Rental Period or in another way specified in the Tariff List or the Package.
8.9. Where there are insufficient funds on Your registered payment card, We will inform You of this fact by displaying information to that effect in the User Account in the Mobile Application and when any attempt is made to rent or reserve a Vehicle. Cases of refusal of payment:
• the registered payment card is not intended for making payments over the Internet;
• there are insufficient funds in Your account to cover the payment. You must contact the bank which issued the card to ascertain details of the availability of funds on the payment card;
• data regarding the payment card is incorrectly submitted;
• the validity of the payment card has expired. The validity of a payment card is generally indicated on the front of the card (month and year of expiration of the card). You must contact the bank which issued the card to ascertain details of the validity of the payment card.
8.10. You may use the telephone number of the Customer care service or the e-mail address info@anydrive.io with questions to concern payment using a payment card and with other questions connected with the operation of the website of a payment provider.
8.11. You provide Us unreserved consent to the drawing of funds from Your registered payment card for the use of a Vehicle and the making of other payments according to the Contract and the GCTC (including Penalties and other payment to Our benefit) without the need for any other special consent. The debiting of amounts is permitted in full or in portions, at Our own discretion.
8.12. Where there are insufficient funds on the payment card or it is not possible to debit funds from the payment card for a different reason, You must pay for the rent of a Vehicle and (or) reservation not later than within 24 hours of the instant of ending the use of the Vehicle (in the case of delay in payment according to the Rates for the use of a Vehicle) or of the instant of delivery of the relevant notification/first debiting of funds (for other payments). In such case You must ensure a balance of funds on the payment card which is sufficient for the execution of direct debit.
8.13. In case You fail to fulfill the obligations laid down by the Contract and the GCTC, We may send the relevant information (including Your Personal Data) to the court and/or to third parties which We may involve in the recovery of funds.
8.14. In the case of mistaken debiting of funds from Your payment card please to contact Us at: info@anydrive.io and to complete an application for the refund of funds in the specified form, with attached copy of Proof of Identity and documents which confirm the mistaken debiting (receipts, statements of account). We will send such application to the payment provider not later than on the next business day following the date of receiving the application, save in cases in which the funds were debited in accordance with the Contract and the GCTC. You may send the relevant application by e-mail to info@anydrive.io, through Your registered e-mail specified in the User Account. The payment provider shall refund the funds into bank account specified in the application for the refund of funds within 30 (thirty) days of receiving the application with attached copy of Your Proof of identity by Our payment provider. The procedure involved in refunding funds is governed by the rules of international payment systems. The refund of funds in cash is not permitted.
8.15. A payment service with the use of the Internet in accordance with the Contract and the GCTC is conducted through Our payment provider in accordance with the rules of international payment systems and the principles of ensuring confidentiality and security of making payment with the use of modern methods of authentication, encryption and data transmission via closed channels of communication. The submission and processing of data regarding Your registered payment card is carried out at the secure payment site of the payment provider.
8.16. The Contract / GCTC or Our individual bonus offers may provide to You with the opportunity to receive the prepaid use of the Anydrive Service (Packages).
8.17. There are mileage limits that apply during the rental period of a Vehicle. These will be displayed on the App. If You exceed the permitted mileage, You agree to pay Us the excess mileage charge in the amount of AED displayed on the App per km excess.
8.18. You are responsible for any other fees, fines and charges (such as Salik/DARB and traffic fines) incurred during Your use of a Vehicle and You understand that We are authorised to charge all such amounts to Your registered payment card.
8.19. Service charges are deducted automatically from Your registered payment card. You agree that We do not need to seek any further approval from You to raise such charges. If any charge We are entitled to charge to You is declined, You agree to pay Us a fee of AED 30 for Our additional administration costs. You will also remain liable to pay the declined amount. It is Your responsibility to maintain adequate funds or credit on Your payment method in order to satisfy the charges.
8.20. We may suspend or terminate any service if We have reason to believe Your payment method is no longer valid or lacks sufficient funds, or You are in arrears.
8.21. We will make any refund You are due by the original mode of payment only.
8.22. We are entitled to pursue all legal remedies available to Us to pursue any debt You owe to Us.
9. The Rental Period
9.1. The Rental Period of a Vehicle is measured in days. The Rental Period is determined by the actual time of use of a Vehicle by You (during the Rental Period). Incomplete days are rounded up to whole day.
9.2. The rent of a Vehicle also ends in the cases laid down in subparagraph 7.3.4 and 7.3.7 of the GCTC, in the case of unauthorised use/theft of a Vehicle, subject to agreement with the Technical Services, if You adhere to the terms and conditions laid down in subparagraph 7.2.9 of the GCTC in the matter of informing Us, and in the other cases laid down in the Contract and in the GCTC.
10. Liability
10.1. The Parties are liable, in the case of breach of or improper performance of the Contract, in accordance with the Contract and the GCTC and, in matters not regulated herein, in accordance with Legal Regulations.
10.2. If You fail to adhere to any of Your obligations laid down by the Contract and the GCTC or arising from the Contract and the GCTC and if there is the need to communicate relevant information to You, We are authorised to contact You using any available means of communication (including Contact Number to a Mobile Telephone) using the information We have.
10.3. If You have a debt towards Us for a provided Anydrive Service according to the Contract and these GCTC of longer than one day (24 hours), We are authorised to withdraw the Vehicle from You without any additional warning and to take measures to discontinue the use of the Vehicle. In such case We are not accountable for the security of Your things in a withdrawn Vehicle – You shall take measures to ensure the security of Your property on Your own.
10.4. You must, in the case of breach of or failure to fulfill the terms and conditions of the GCTC, pay a Penalty/Penalties in the amount determined by the System of Penalties and shall also pay in full and damage and other losses incurred by Us or Car Rental Company as a result of breach of or failure to fulfill the terms and conditions of the GCTC. Outstanding amounts caused damage or loss, Penalties and amounts for administration are totalled.
10.5. The excess amount subject to payment by You to Our benefit, if reasons exist for this according to the Contract, may not exceed 3000 AED or a lower amount according to the individual tariff for one case of damage to a Vehicle. This limit does not apply to the following cases (when You are obliged to pay any damage or loss to a Vehicle to Us in full):
i. You have failed to fulfill the obligations laid down in subparagraph 7.2.8 through 7.2.16 of the GCTC, including obligations connected with damage to a Vehicle, inter alia, in the case of a Road Traffic Accident;
ii. in the case of unauthorised disconnection from or damage to the localiser (GPS device) in the Vehicle;
iii. in the case of failure to submit or late submission of documents or failure to fulfil the requirements laid down in subparagraph 7.2.9 through 7.2.16 of the GCTC;
iv. if You have driven a Vehicle
- under the influence of alcohol, toxic and narcotic substances or medication following the use of which a driver may not drive a motor vehicle or his/her ability to drive a Vehicle might be impaired;
- when having refused to undergo a test for the presence of alcohol, toxic and narcotic substances;
- when Your ability to drive a Vehicle is impaired in consequence of medical condition;
- when You have handed over the driving of a Vehicle to a person who may not drive a motor vehicle or is under the influence of alcohol or other addictive substances or whose ability to drive a Vehicle is impaired in consequence of his/her medical condition or the use of medication.
v. during the Rental Period there was wilful causing of damage to a Vehicle without this having occurred in consequence of a Road Traffic Accident, i.e. in cases when You were aware of the negative consequences of Your action (neglect), foresaw such consequences and wanted them to happen or consciously allowed them or approached them with indifference;
vi. You are in breach of paragraph 2.5 or 2.7 or subparagraph 7.2.3 of the GCTC;
vii. if damage to the Vehicle occurred as a consequence of prohibited overtaking, prohibited driving over a railway crossing, reversing, turning or driving on the motorway on the wrong side of the road, an accident resulting in death or serious harm to health, fleeing from a road traffic accident, exceeding the maximum speed limit in a municipality by 20 km per hour and outside a municipality by 30 km per hour and more (and for any such events in the Emirate of Abu Dhabi, when exceeding the speed limit of the Emirate of Abu Dhabi by 1 km per hour or more);
viii. in the case of leaving a Vehicle in a situation which could lead to damage to the Vehicle, unauthorised use, the theft of the Vehicle or things from the Vehicle, other illegal action in relation to the Vehicle, including leaving the Vehicle with the engine running (ignition on), open windows/door/boot/bonnet;
ix. in the case that You are obliged to pay a penalty for failure to pay (delayed payment of) outstanding amounts and payment of our costs expended in connection with the recovery of the debt unpaid by You following the expiration of the time limit specified in notice of debiting or in a request for the payment of a debt (claim): the costs of extra-judicial settlement, court costs, including the engagement of external experts, legal, tax and other consultation of third parties (legal and/or consultancy services), postage and other similar expenses.
10.6. The size of excess may also be proportionately increased in the case of breach of any obligations arising from Legal Regulations, Insurance Rules of these GCTC.
10.7. You shall cover the damage (save the exceptions expressly defined by the Contract and the GCTC) which We or Car Rental Companies may incur in consequence of breach of the GCTC, the Legal Order and the provisions of the Contract by You during the Rental Period of a Vehicle and following the end of the Rental Period of a Vehicle if such damage is caused by Your action (or inactivity), including (although not exclusively): penalties, fines, including sanctions imposed by government bodies as administrative sanctions or as punishment for crimes and (or) offences, for breach of traffic rules, parking rules, other requirements of the Legal Order which regulate matters of road traffic safety, or connected with the use of a Vehicle by You, or arising from the use of a vehicle by You; damage of loss connected with the condition of the rented Vehicle at the instant of return, including damage or loss in consequence of excessive wear-and-tear; the costs of towing a Vehicle; the costs of parking a Vehicle at an impound yard or area; Our costs for the payment of obligations to third parties incurred in connection with Your action (inactivity) as breaching the terms and conditions of the Contract, the GCTC and (or) the Legal Order; the services of a surveyor, an expert, expert and other organisations – on connection with conducting surveys, valuations; legal services; consultancy services; fees charged by organisations (including banking and credit organisations) for the payment of funds which constitute expenses under this paragraph by Us or Car Rental Companies; the costs associated with the claims of third parties in connection with the use of a Vehicle by You; financial compensation for the administration (paragraph 10.15 of the GCTC, billed, inter alia, for finding, processing Your identification, generating and sending notice of breach to You) of administrative penalties, payments and other fees and damage or loss (save payments connected with lost profit).
10.8. All payments, expenses and Penalties (Price) are made in accordance with paragraph 8.3 through 8.15 of the GCTC. In the case of breach or improper fulfilment of the obligations laid down in this paragraph by You (for example, insufficient funds in Your bank account, etc.), We are authorised to charge You a contractual penalty of 0.05 % of the outstanding amount for each day of delay until the date of full payment by You. The calculation of a contractual penalty commences on the date on which You fail to fulfil the requirements laid down in paragraph 8.12 of the GCTC.
10.9. You carry the risk of theft, destruction or damage of a Vehicle, the component parts thereof, apparatus and/or equipment, the causing of damage or loss to third parties, other vehicles or objects, including damage or loss incurred without Your intent (accidentally or out of negligence) from the commencement of the Rental Period to the end of the Rental Period in cases when Your action (inactivity) is the cause of the occurrence of the specified negative consequences, including parking a Vehicle contrary to the Contract and the GCTC or in a place or under circumstances in which the Vehicle could suffer damage, and following the end of the Rental Period if the specified risks are not covered by the terms and conditions of an insurance contract.
10.10. Should Your action (neglect) lead to refusal to pay out insurance benefit (including the late, incomplete or incorrect completion of documents regarding a Road Traffic Accident, failure to execute the acts which are mandatory in such cases in accordance with Legal Regulations and Insurance Rules), You are obliged to pay Us or Car Rental Companies (if applicable) all costs which the We or Car Rental Companies (if applicable) incurs in connection with such circumstance.
10.11. You are not liable for:
• damage to a Vehicle occurring not due to Your fault, as witnessed by the relevant official records of the competent government bodies or a judicial decision, and not involving the cases specified in paragraph 10.5, 10.6, 10.8 or 10.9 of these GCTC;
• damage or loss caused in consequence of theft of a Vehicle on the condition of due performance of the requirements of the Contract and the GCTC to concern the return of a Vehicle to Us or Car Rental Company (if applicable) by You and not involving the cases specified in paragraph 10.5, 10.6, 10.8 or 10.9 of these GCTC.
10.12. You must independently ensure the collection and timely provision to Us of evidence that any damage cause to a Vehicle or loss suffered by us was not Your fault.
10.13. We and (or) the owner of the Vehicle shall pay administrative penalties for breach of the Legal Order in the case of offences recorded by control and measuring means of technology and apparatus working in automatic regime (“Automated Means”) and penalties which are imposed directly on Us or on the owners of Vehicles, at their own discretion, as the persons on whom a decision is issued in the case of an administrative offence.
10.14. The receipt of information (decision on an administrative offence and evidence of having paid a penalty according to the set specimen or in the information databases) of an committed administrative offence and the imposition of an administrative penalty during the Rental Period of the relevant Vehicle by You forms the basis of collecting amounts from You for the purpose of subsequent payment of a penalty (or reimbursement of a paid penalty) imposed on the Us or the owner of the Vehicle.
10.15. You are obliged to pay the amounts billed by Us or irrespective of whether the amount of the administrative penalty was actually paid by Us or the owner of the Vehicle or not. After You have paid the specified amounts, You are relieved of any claims by Us to concern the relevant penalties imposed on Us or the owner of the Vehicle.
10.16. The Parties have agreed that We shall process administrative penalties and send the relevant notifications in order, i.e. with consideration for the date of receipt of information of imposition (notifications of administrative penalties dated earlier are sent first).
10.17. The Parties have agreed that a sufficient and unconditional ground for determining You as the person having committed an offence (including damage, unauthorised use, theft, breach of traffic rules, other requirements of legislation and the Contract) and as being obliged to pay the amounts specified in paragraph 10.6 of the GCTC is one of the following conditions:
• the existence of an official record of the law enforcement authorities of the UAE (confirmation of a Road Traffic Accident (if used), decision in the case of an administrative infraction and other similar documents) which record the circumstances of the incident, and which testify to breach of the terms and conditions of the Contract, the GCTC and (or) the Legal Order during the Rental Period of that Client; and/or
• information that You were the last person to have used the Vehicle prior to the discovery of the offence (including damage to the Vehicle, unauthorised use, theft, breach of traffic rules, other requirements of the Legal Order, the Contract and the GCTC) or before transfer of the Vehicle to an impound yard or area or immobilisation of the Vehicle;
• the existence of the written conclusion of the Accident Inspector in the case of (1) damage to a Vehicle (without causing damage or loss to third parties), (2) documents and/or equipment in a Vehicle at the time of commencing the rent (including destruction, loss, damage, etc.).
10.18. The Parties have agreed that information obtained with the use of Our software in the course of monitoring the rent of Clients is sufficient for the purposes of applying this article.
10.19. Faults arising as a consequence of non-standard operation of a Vehicle (in addition to Regulation for Determination of Normal Wear-and-tear) are as follows:
• mechanical damage to elements of the suspension, drive train, braking system, engine, gears, exhaust system, tyres, rims, wheel covers, other elements and systems;
• mechanical damage to elements of the body, glass, lights;
• mechanical damage to the interior, boot and/or luggage space;
• damage to parts of the engine, gears, undercarriage, steering, fuel system, cooling system, air-conditioning system, bodies, apparatus and control elements, safety systems and other systems in the Vehicle, if caused by breach of the rules of operation specified by the manufacturer of the Vehicle or by improper handling by You;
• damage or loss caused by prohibited operation, as defined by the manufacturer of the Vehicle, the GCTC or the Contract;
• other faults incurred as a consequence of breach of operating conditions specified by the manufacturer of the Vehicle and confirmed by the service station determined by Us or by an independent expert.
10.20. You agree that the amount of Our loss or loss of the Car Rental Company caused by the inability to use the Vehicle on account of breach of the provisions of the Contract or the GCTC by You is calculation as the number of days during which the Vehicle cannot be used as a result of such breach of the Contract or the GCTC (for example, from the instant of towing a Vehicle to the time of collecting the Vehicle from a special yard or area) multiplied by the price of a daily rent of such Vehicle in accordance with the general rate specified in the relevant part of the Rates (in Annex 2 to the GCTC).
10.21. You agree that the Our administrative costs for administrative penalties, the enforcement of damage or loss, compensation and other payments are 20 % (twenty percent) of the amount billed for the administration of 1 (one) administrative penalty, compensation payment or other payment. Amounts for administrative costs are billed for all payments save payments of the rent charge, the reservation of a Vehicle and penalties which are to be paid to Us in accordance with the terms and conditions of the Contract.
10.22. We are not accountable for the use of the Mobile Application from Your Mobile Device by third parties and for this reason all operations and instructions originating from Your Mobile Device via the Mobile Application are deemed to have been done or provided by You.
10.23. We do not guarantee that the Website and (or) the Mobile Application will function without interruption, will not contain errors and/or will not contain harmful software. We are not liable for any direct damage or loss, any indirect, accidental, sanction-related or future loss, lost profit, moral injury caused by the use of or inability to use the Mobile Application by You. We are not accountable to You for any delay or faults in the operation of the Mobile Application which might occur directly or indirectly for any reason.
11. Duration of the Contract, amendment and termination of the Contract. Blocking the User Account of the Client
11.1. The Contract enters into effect at the instant at which it is concluded by the Parties in accordance with Article III of the GCTC (Entering into a Contract) and is entered into for an indefinite term.
11.2. The Parties have agreed that We are authorised to unilaterally amend and/or supplement the terms and conditions of the GCTC, including Rates, Penalties and any other annexes to the GCTC. Amendments to the GCTC made by Us, or any new wording of the GCTC, including new Rates and Penalties, enter into force and become binding on the Parties after the passing of 7 calendar days following the date on which We place the new wording of the GCTC or amendment and (or) supplementation of the GCTC on the Website or in the Mobile Application and We do not specify a different date of entry into force in a decision published together with such amendments and (or) supplementation of the GCTC (“Publication”). We reserve the right to inform Clients of amendments and (or) supplementations of the GCTC in the ways specified in Article V of the GCTC (Notification).
11.3. The amended Terms and conditions of the GCTC which improve Your position may, at Our decision, have retrospective effect and apply to relationships which were established prior to Publication, unless You have expressed Your disagreement with the fact that amendments and (or) supplementations of the GCTC which improve Your position shall have retrospective effect in relation to You and shall be applied to the time before Publication, of which You are obliged to inform Us in writing or via the User Account (if such function is available) within 7 calendar days of the date of Publication. Where We do not receive written notification from You of disagreement in the manner and within the time limit laid down in this paragraph 11.3, We shall consider the amendments and (or) supplementation of the GCTC to have been accepted by You in full and as applying in relation to You as of the date of Publication.
11.4. If You disagree with amendments and (or) supplementations of the GCTC, as laid down in paragraph 11.2 of the GCTC, You shall have a right to unilaterally reject the amendments within a time limit of 15 calendar days of the date of notification thereof and to terminate the Contract by notice on the condition that all of Your outstanding payment obligations towards Us (rent charge, Penalties, administrative penalties, compensation and other payments, such as compensation for damage or loss) incurred during the period of force of the Contract or in connection with the performance of, breach of or improper performance of the Contract, are fulfilled. Unilateral rejection of amendments by You does not relieve You of the obligation to fulfil all Your obligations incurred prior to the expiration of the Contract. Where You do not deliver written notification of rejection of amendments to Us in the manner described in the provisions of paragraph 11.3 of the GCTC, the Parties consider the amendments and (or) supplementations of the GCTC to be valid for You as of the instant of Publication. The provisions of this paragraph 11.4 of the GCTC do not apply to amendments to Rates within campaigns: such Rates apply to the period specified in the relevant notice of the campaign, which is published in the relevant section of the Mobile Application.
11.5. The rent of a Vehicle by You serves as valid evidence in all cases to the fact that You are fully familiar with the terms and conditions of the Contract and the GCTC at the time of hiring the Vehicle and that You accept them in full.
11.6. Each Party is authorised to unilaterally terminate the Contract by sending written notice of termination to the other Party (1) stating the date of termination of the Contract or (2) without stating the date of expiration of the Contract, in which case the Contract shall automatically terminate after the passing of thirty (30) calendar days following the date of delivery of such written notice. You are obliged to fulfil all Your obligations arising from the Contract not later than on the date of termination of the Contract, save cases in which Legal Regulations provide You with other rights that may not be altered with the agreement of the Parties and are binding.
11.7. Termination of the contract by notice at Your instigation is possible pursuant to written notice from You having the particulars of a legal act, in that the specimen provided in Annex 6 of the GCTC may be used. Notice of termination may also be sent from the e-mail address specified in Your User Account to Our e-mail address: info@anydrive.io.
11.8. We are authorised to unilaterally terminate the Contract with You by notice in the following cases:
• where You are in fundamental breach of the terms and conditions laid down in the Contract and the GCTC, including requirements in relation to You, or is in fundamental breach of them and fails to rectify such breach even within an additional time limit of 7 days after receiving notification from Us of such breach;
• in the case of repeated (more than 2 instances) violation by You of traffic rules and other requirements of the Legal Order;
• where Your action results in the deterioration of the technical condition of a Vehicle;
• damage to a Vehicle in the case that We have reason to believe that Your action was the cause of this;
• where We have reason to believe that You are in breach of the terms and conditions of the Contract and the GCTC, is failing to fulfil Your obligations or is placing obstacles before Us;
• in the cases laid down in paragraph 11.10 of the GCTC;
• in the other cases laid down by Legal Regulations.
11.9. In such case, the Contract is terminated without a period of notice at the instant of sending the relevant notice to You in one of the following ways: (1) through the Mobile Application and (or) (2) by sending an e-mail to You. If at the instant of notice the Rental Period of a Vehicle has not come to an end, You shall undertake to immediately end the Rental Period in accordance with the requirements placed on ending the Rental Period and parking a Vehicle.
11.10. Expiration of the Contract on any grounds does not relieve You of the obligation to fulfil outstanding payment obligations (rent charge, Penalties, administrative penalties, compensation for damage or loss and other payments, as well as damage or loss caused to Us) the grounds for which were established during the period of effect of the Contract or in connection with the performance or, breach of or improper performance of the Contract.
11.11. We are authorised to block Your User Account in the cases laid down in paragraph 11.8 of the GCTC and under the following circumstances:
• in the cases of suspecting dishonest action by You (including, although not exclusively, the provision of false information, the inability to debit funds, etc.);
• when You have an outstanding debt;
• in the case of coarse or offensive behaviour by You;
• if You have attempted to mislead Us;
• in the case of refusal to perform Our requirements laid down in or arising from the Contract and the GCTC;
• in cases in which You fail to fulfil (have ceased to fulfil) Our requirements in relation to You as concerning the ability to use a Vehicle within the scope of the Contract;
• in other cases when, in Our view, breach of the Contract and of the GCTC by You precludes Your possibility using the Anydrive Service.
11.12. Blocking Your User Account means restricting the functioning of Your User Account, in consequence of which You are unable to submit an Application to Rent a Vehicle, make a reservation, rent a Vehicle and execute certain operations which You would be able to execute within the scope of rights of the unblocked Your User Account. You will not be informed of the blocking of Your User Account in any special way, since it will be impossible to submit an Application to Rent a Vehicle, make a Reservation, rent a Vehicle or execute certain other activities. The blocking of Your User Account might have an influence on the possibility of executing activities with a Vehicle according to other agreements entered into between Us and You.
11.13. Unblocking Your User Account may be connected to the passing of a certain period of time, fulfilment of obligations by You, the removal of the circumstances which were the reason for blocking. Blocking may also be set for the period of time during which a decision is taken on the expediency of further cooperation with You within the scope of the Contract.
11.14. You agree that the blocking of Your User Account is not reason for You to make any claims against Us.
11.15. We have installed certain devices and software in the Vehicles which track their location and monitor the mileage accrued in real time and enables the door locks to be operated via the App. You agree that these are necessary features enabling Us to offer the Anydrive Service cost-effectively and You agree that by using the Anydrive Service You are providing Your express consent to such monitoring, which You recognise could be used to build a picture of Your movements and activities. Further details about how We use personal information are set out in Our privacy policy.
11.16. In addition, We have installed disabling equipment which can be activated by Us remotely to prevent the Vehicle from operating. If You have failed to pay Us any amounts due or We believe You are using the Vehicle in a dangerous or unlawful manner, We are entitled to disable the Vehicle. We cannot disable the Vehicle when it is in motion and the engine is running.
12. The procedure for resolving disputes
12.1. All disputes between the Parties within the scope of this Contract or in connection with it, including interpretation or performance, are resolved by the negotiation of the Parties and/or by sending a written complaint to the other Party, which may state the essence of the dispute, references to the provisions of this Contract and (or) the Legal Order breached by the other Party and specific proposals for the resolution of the dispute.
12.2. The term for considering a complaint by the Party which receives the complaint is 10 (ten) business days, unless the Parties agree otherwise in writing.
12.3. All Your complaints should be sent from Your registered e-mail address specified in Your User Account to Our e-mail address: info@anydrive.io.
12.4. According to the result of consideration of Your written complaint, We may send You feedback either to Your postal address or by e-mail. We reserve the right not to consider a complaint made by You if sent in a way other than that laid down in this Article XII.
12.5. These Member Terms shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Member Terms shall be settled by the Courts of the Dubai International Financial Centre.
13. Other terms and conditions
13.1. The effect of any correspondence, telephone and other action having taken place prior to entering into the Contract shall expire at the instant of entering into the Contract.
13.2. From the instant of entering into the Contract, the Parties recognise the effect of documents (save the documents specified in paragraph 13.1 of the GCTC) sent by e-mail (the e-mail address and Our postal address specified in the GCTC and the e-mail address and postal address specified by You in Confirmation of Acceptance), agree that the specified documents are written documents signed with the handwritten (or electronic) signature of the competent authorised person, because only persons authorised to sign the relevant documents have access to the relevant e-mail addresses and undertake to keep e-mail passwords secret and not allow them to be used by third parties.
13.3. The Parties also recognise the effects of communications and acts sent and executed by You using the Mobile Application (via Your User Account) and using the mobile telephone Contact Number specified by You, because only You have access to Your User Account and to the Contact Number; You undertake to keep secret all possible Authorization Codes, Login Data required for the use of Your User Account and the Contact Number and not to allow the use thereof by third parties.
13.4. Messages sent by e-mail are deemed to have been received by the addressee at the time of their sending. We have the right not to reply to messages that have previously been answered or which contain obscene, offensive phrases, threats to the life and health of the employees of the Company or persons close to them, to the property of the Company or of its employees, to inform the writer of the message of the unacceptability of such behaviour and to impose a Penalty in accordance with the GCTC.
13.5. Current information on the terms and conditions of the Contract and the GCTC is specified at the Website and in the Mobile Application. Where there is conflict between the versions of the GCTC published at the Website and in the Mobile Application, the version of the GCTC published at the Website shall prevail.
13.6. You undertake to inform Us without undue delay of all changes to any Personal Data and to data constituting Your User Account, of disclosure of Login Data and (or) a Authorization Code to third parties and of the loss thereof or of any circumstances which threaten the preservation of Login Data and a Authorization Code – by contacting Our Customer care service and fulfilling the requirements of the operator of Our Customer care service which ensue from the need to Identify You and verify the facts which You are providing in accordance with this paragraph 13.6, We are not accountable for any consequences associated with changes to Your data specified in this paragraph 13.6 and for operations executed with Your Account if You have failed to inform Us of the circumstances specified in this article of the GCTC and (or) have provided Us with invalid data.
13.7. These Member Terms constitute the entire agreement between You and Us in relation to the subject matter and supersede any previous contracts or arrangements of any kind relating to the subject matter. Each of You and Us undertakes to the other that it has not entered into these Member Terms in reliance on any statement or representation made by the other which is not expressly incorporated into these Member Terms and waives any right to claim reliance on any such thing.
13.8. Nothing in these Member Terms is intended to be or establishes any type of joint venture, employee-employer, escrow, partnership, or any fiduciary relationship between the parties.
13.9. The headings in these Member Terms are for convenience only and are not to be considered when interpreting the Member Terms.
13.10. If any portion of these Member Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions will remain in full force and effect and, upon either party’s request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from these Member Terms and the rest of the agreement shall remain in full force and effect.
13.11. To be effective, any waiver by a party of any of its rights or the other party’s obligations must be made in a writing signed by the waiving party. No failure or forbearance by either Party to insist upon or enforce performance of any of the provisions of these Member Terms or to exercise any rights or remedies under these Member Terms or otherwise constitutes a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision, right, or remedy in that or any other instance; rather, the same will be and remain in full force and effect.
13.12. You may not assign or transfer any rights, obligations, or privileges that You have under these Member Terms. We may deal with Our rights, obligations and privileges under these Member Terms in any manner whatsoever without Your prior consent or notice.
14. Miscellaneous
14.1. If You operate a Vehicle in breach of these Member Terms You may also be operating in breach of Our third party liability insurance terms. In addition to Our right to claim damages or bring charges under these Member Terms, if You invalidate the insurance You may have personal financial exposure to a third party claimant, the insurer, or Us. Your liability could include, for example, amounts claimed by a third party, reimbursement to a third party liability insurer for amounts that it has paid, and reimbursement to Us for amounts that We have paid, including any insurance deductible.
14.2. Apart from any liability which We cannot lawfully limit or exclude under the applicable law, Our liability to You is limited with respect to each period of use of a vehicle, to the amount You have paid Us for such period of use and is limited to providing You with any refund You may be due. Apart from where We cannot exclude such liability under applicable law, We are not liable in any circumstances for loss of profit or revenue, financial loss, loss of business opportunity, property damage, personal injury or any other foreseeable or unforeseeable loss You may suffer as a result of using Our App or Our services.
14.3. Subject to section 14.2, We shall not be liable for any unavailability of any Vehicle, delay or interruption to any trip, unavailability of the App or any error in connection with any information contained on the App.
14.4. Apart from where We cannot exclude such liability under applicable law, We are liable in no circumstances for any indirect, consequential, incidental, special, aggravated, punitive or exemplary damages or losses You may suffer howsoever arising under or in connection with these Member Terms or any of Our offerings governed by them.
14.5. In particular, You acknowledge that to the extent permitted by applicable law, in no event will Anydrive be liable, responsible or otherwise, to You or to third parties for any damages or losses that may arise from or in connection with: (i) the failure, interruption or disruption of any service or the unavailability of the App or the services, regardless of whether the same is provided by Anydrive or a third party; or (ii) the quality, accuracy, timeliness, speed, reliability, performance of any Car Rental Company or service and/or the App (including without limitation any breach by the Car Rental Company of any obligation); or (iii) errors, mistakes, or inaccuracies of any Content and/or information available on or through the App; or (iv) any unauthorized access to or use of Our servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from Our servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the App by any third party; or (v) any failure or delay in the execution of any transactions through the App and/or the services; or (vi) any dispute, conflict or disagreement between other members or the general public in connection with any services; or (vii) loss of profits, loss of business reputation (whether incurred directly or indirectly), any injury or accident or physical or property damage or health issues or otherwise that may occur to You.
15. Release And Indemnity
15.1. You agree to indemnify and hold harmless Anydrive from and against any and all claims, demands, actions, losses, damages, assessments, charges, liabilities, costs and expenses (including without limitation lawyers’ fees, penalties, interests or loss of profits) made by a Car Rental Company or any third party against Anydrive and which may at any time be suffered or incurred by, or be assessed against, Anydrive, directly or indirectly, as a result of: (i) Your use of the App and any of Our services or Your violation of these Member Terms or any Rental Agreement; (ii) any injury, accident, physical or property damage, loss of profit, property or business reputation, or otherwise that may be caused by You as a result of use of any of Our services; (iii) errors, mistakes, or inaccuracies in the content or information You provide to Us, including Your member account information, and/or in the information available on or through the App, or (iv) Your unauthorized access to or use of Our servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from Our servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted by You to or through the App, or (v) failure or delay in the execution of any transactions through the App and/or the services or, (vi) dispute, conflict or disagreement between You and other Anydrive members or members of the public in connection with any of the services, or; (vii) any act or omission of a Car Rental Company, including its failure to ensure that it is lawfully licensed in the UAE and maintains the required government approvals.
15.2. If You have a dispute with one or more Car Rental Companies, You release Anydrive from any and all claims, demands and damages (actual and consequential) or losses of every kind and nature, arising out of such disputes.
16. Car Rental Company Rights
16.1. Where any provision of these Member Terms describes a right in favour of a Car Rental Company, it is intended that the Car Rental Company shall have the right to enforce such provision directly. The Member agrees that Anydrive and each Car Rental Company jointly and severally have the power to file and pursue lawsuits against the Client in respect of any claims, demands, actions, losses, damages, fines, charges, liabilities, costs and expenses which have been suffered or incurred by Anydrive and/or Car Rental Company, directly or indirectly, recoverable in accordance with these Member Terms.
17. Data Protection
17.1. Your use of Our services and the App may involve You providing Us with personal information.
17.2. Your personal information may be shared with third parties including Our suppliers and subcontractors, Car Rental Companies and competent government authorities to the extent We do so in providing Our services or to the extent We are required by law to do so. You acknowledge this and agree to it. If You do not agree, You should not use Our services or create an account on the App.
17.3. We will implement reasonable measures to protect Your personal information and keep it secure from unauthorised access or processing.
17.4. We will not use Your personal information for any direct marketing purpose without Your permission.
17.5. Further information about how We use Your personal information is set out in Our Privacy Policy. You should read Our Privacy Policy.
18. Intellectual Property Rights
18.1. We are the owner or the licensee of all intellectual property rights in the App and on Our websites, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
18.2. Without prejudice to section 18.1, “Anydrive”, “https://anydrive.io”, and all other trademarks that appear, are displayed, or are used on the App from time to time or as part of Our services are registered trademarks of Anydrive; and may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Anydrive.
18.3. Our status (and that of any identified contributors) as the authors of content on the Sites must always be acknowledged.
18.4. If We enable functionality allowing You to upload content onto Our App or Our websites, You acknowledge that We are intended to own all such content. To the maximum extent permitted by law You assign to Us all rights in such content and waive any moral rights You may have. You agree to execute any further confirmatory assignments We may request from time to time and not to claim any compensation for the use of any such content by Us. Any content You upload (other than Your private account details and payment details) will be considered to be non-confidential and You hereby agree to grant Us an unrestricted licence to use all such content however We see fit.
18.5. If You do upload any content to Our App or sites it must be lawful in all respects and free of any type of malware. In particular, You agree that You will not, under any circumstances, transmit any content that (i) is unlawful or promotes unlawful activity; (ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group; (iii) is political, pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) is spam, constitutes unauthorized or unsolicited advertising, any other form of unauthorized solicitation; (v) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; (vi) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; (vii) impersonates any person or entity, including any of Our employees or representatives; or (viii) violates the privacy of any third party. You agree to indemnify Us and hold Us harmless with respect to all losses and costs We may suffer as a result of Your breach of this section 18.5
18.6. If a third-party alleges that content You have uploaded infringes any of their rights, We may disclose Your identity to such third-party. We may also disclose Your identity to law enforcement authorities if We consider it appropriate to do so. You hereby consent to all such disclosures mentioned in this section.
Annex 1 to the GCTC
THE RULES OF USING THE ANYDRIVE SERVICE
(hereinafter referred to as the “Rules”)
1. Requirements made of the Client
1.1. The Client:
i. is a natural person - a citizen of the UAE or a foreign national or a stateless person;
ii. must not have restricted legal capacity;
iii. must have the authorisation to drive a Vehicle in accordance with the requirements of the Legal Order;
iv. must have a valid driving licence;
• for citizens or residents of the UAE – a driving licence issued by the authorities of the UAE according to the set specimen;
• for foreign nationals – a foreign driving licence of the state of which they are a citizen and an international driving licence;
v. is fit to drive a motor vehicle and there is/are no:
• medical contra-indications in existence to driving a motor vehicle;
• ban in place on driving a motor vehicle.
International Driving Licence must be presented together with a driving licence, together with a passport, a document of having residence within the territory of the UAE, a document of having entered the territory of the UAE (boarding pass, entry visa, document of residence permit).
vi. is a minimum of 21 (twenty one) years old;
vii. has driving experience (category B) of at least 2 (two) years;
viii. complies with any other requirements of the Legal Order placed on a person who is authorised to drive a Vehicle;
ix. does not have any overdue obligations towards Us.
A person may not drive a Vehicle if he/she fails to satisfy the requirements specified in this Section 1 of the Rules and/or is under the influence of alcohol, toxic and narcotic substances or medication after taking which he/she may not drive a motor vehicle or his/her ability to drive a vehicle is reduced by the influence of such substances or medication or in consequence of his/her medical condition.
1.2. The requirements placed on You specified here are not exhaustive. We are authorised not to enter into a Contract with a person who fails to satisfy the requirements specified in this Section 1 of the Rules and when We have reason to believe that You (potential Client) might breach the Contract, cause damage or loss or be unable to cover any loss. We may enter a Contract at our own discretion and We are not obliged to enter into a Contract.
2. The Rental Period of a Vehicle
2.1. The Rental Period of a Vehicle is measured in days.
2.2. The instant of providing a Vehicle to You is deemed to be when You click on “Start the rent” in the App.
2.3. The instant of returning a Vehicle by You to Us is the end of the Rental Period of the Vehicle in accordance with the terms and conditions of the Contract, the GCTC or the end of rent of the Vehicle on other grounds.
3. Bans and restrictions
3.1. It is prohibited:
• to use a Vehicle for the purposes of driving lessons;
• to provide the use of a Vehicle to third parties;
• to use a Vehicle in races/competitions (including unofficial ones), in bets, tests or trials of any kind;
• to use a Vehicle for the purpose of undertaking a business (to make a profit), including the provision of taxi and similar transportation services;
• to use a Vehicle to transport bulky and heavy loads, objects and hazardous substances;
• to use a Vehicle to drive on terrain and on unpaved roads;
• to use a Vehicle for towing;
• to use a Vehicle to transport loads, except luggage: packages, bags, suitcases, travel packs;
• to use a Vehicle to transport animals, except animals transported in closed boxes that preclude direct contact between the animal and the interior of the Vehicle;
• to alter any properties, make adjustments leading to the improvement/deterioration of the Vehicle, mount (dismount) any facilities, apparatus in the Vehicle, carry out repairs (irrespective of the level of difficulty) or organise these to be done by third parties;
• to allow third parties to drive a Vehicle;
• to smoke, use electronic cigarettes (including those which do not contain tobacco), steam generators (vaporisers, etc.), water pipes (including those which do not contain tobacco), nitrous oxide (except when used based on therapeutic indications) in a Vehicle, to consume alcohol or use drugs and (or) psychotropic substances;
• to transport persons who are under the influence of alcohol, drugs or other narcotics;
• to drive dangerously / drift / drive, which could damage the Vehicle, third parties or their vehicles;
• to dirty the Vehicle during the Rental Period. Dirtying also encompasses leaving foreign objects in a Vehicle after the end of the Rental Period;
• to use a Vehicle and park a Vehicle contrary to Territorial Restrictions when using a Vehicle;
• to infringe the technical requirements on the operation of a Vehicle specified by the manufacturer of the Vehicle;
• to dismount the equipment of a Vehicle, put it out of operation or damage it;
• to fill a Vehicle with fuel which is not specified in the GCTC and not intended for the rented Vehicle;
• to leave a Vehicle with open doors, windows, boot, bonnet in a situation which could result in damage to the Vehicle, unauthorised use, the theft of the Vehicle and other unlawful action in relation to the Vehicle.
4. The procedure involved in Registration and Activation of the Client
4.1. The services of the Mobile Application are used to ensure the possibility of undertaking activity aimed at selecting a Vehicle, submitting an Application to Rent a Vehicle, Vehicle Reservation and the use of a Vehicle within the scope of the Contract.
4.2. The Mobile Application may be used to select a Vehicle, submit an Application to Rent a Vehicle, Vehicle Reservation, to carry out activities within the Rental Period and other activities specified by the GCTC and the Contract and technically supported by Anydrive Software.
4.3. The use of Website and Mobile Application services is only possible under the terms and conditions of Registration and Authorisation in accordance with the procedure specified in the GCTC and the Anydrive Mobile Application. It is only possible to select a Vehicle, submit an Application to Rent a Vehicle, Reserve a Vehicle and carry out activities within the Rental Period under the terms and conditions of Your Activation and when You are not blocked in the Anydrive Service.
4.4. You shall provide the required information about your person, including Personal Data, for the purpose of Registration in the Mobile Application.
4.5. For Registration using the technical possibilities of the Mobile Application, You also must send to Us the following documents (which must be without reflection of light and must have all data legible):
i. a photograph of Proof of Identity (in the case of a passport the double page with photograph, date of issue and validity, in the case of an ID Card the front and reverse sides);
ii. a photograph of the driving licence (front and reverse sides);
iii. a selfie (self-portrait taken using a mobile telephone, smartphone or other device) taken with Proof of Identity (in the case of a passport with the double page with photograph, date of issue and validity, in the case of an ID Card or proof of identity of a stateless person with the front side).
We may request that other documents be submitted for the completion of Your User Account Activation or continuation of work with You if your User Account has already been activated.
4.6. After entering the Contact Number on the App We will send You an SMS with an Authorization Code for access to the User Account. At this stage (after entering the data and to the end of the Registration process) You are authorised to use the following sections of the Mobile Application to a limited extent: Access to User Account, assignment of an additional payment card to the Mobile Application for the purpose of making payments according to the Contract and the GCTC.
4.7. After receiving the Authorization Code and opening limited access to the Mobile Application, You may assign Your payment card to the Mobile Application, from which funds shall be debited as Payments according to the Contract and which makes it possible to execute Internet payments. The assignment of a payment card is executed with cooperation (redirection from the Mobile Application) between You and Our payment provider.
4.8. You agree that when assigning (integrating) Your payment card to the Mobile Application Our payment provider shall, for the purpose of checking the possibility of debiting funds from Your payment card, debit an amount not exceeding 5 (five) AED from Your payment card and return this to Your payment card within the following 24 hours.
4.9. We will verify the data provided by You. You will be informed of Activation, depending on the results of evaluation of Your data.
4.10. Where You fail to provide the required information, provide false or illegible data or if We have reason to believe that the data provided by You is false, We are authorised to additionally request, at Our own discretion, accurate and credible information from You, to refuse to enter into and (or) perform the Contract, to block Your access to the use of services (or their individual functions) of the Mobile Application connected with the performance of the Contract or to delete Your User Account.
4.11. Following Your Activation, You gain access to the Mobile Application by entering the Login Name and Authorization Code.
4.12. Authorisation is undertaken when entering the Login Name and Authorization Code.
4.13. Following Your Authorisation in the Mobile Application, You are authorised to use Anydrive Services which make it possible to select a Vehicle, submit an Application to Rent a Vehicle, reserve a Vehicle and rent an available Vehicle in accordance with the Contract and the GCTC.
4.14. You must keep secret the Login Name and Authorization Code and other Personal Data, including data which enables access to the Mobile Application in Your name. If losing the Login Name or Authorization Code or if there is reason to believe that third parties have obtained this data (and other Personal Data), You must request, using the contact details which it specified during Registration, that We block Your User Account, generate a new password and, subject to agreement with Us, a Login Name. You bear all risks arising from failure to fulfil this obligation.
4.15. After completing Registration, all calls to Our Customer care service are made from the registered and confirmed Contact Number or from another telephone number, provided that You provide Personal Data that make it possible to identify You to a sufficient extent.
4.16. You may change the Contact Number via the Mobile Application or by sending an e-mail to info@anydrive.io. We will inform You of a change of mobile telephone Contact Number in the ways specified in the Contract.
4.17. You confirm that all activities undertaken using Your User Account following Your Authorisation in the Mobile Application using the Login Details and Authorization Code are Your activities.
5. The procedure involved in submitting an Application to Rent a Vehicle. Vehicle Reservation. The beginning and end of the Rental Period
5.1. You may select an available Vehicle via the Mobile Application. When calculating the length of the Rental Period, You must observe the principle of having sufficient funds on Your payment card to pay for the rent of the Vehicle.
5.2. In order to Book a Vehicle, You must make a reservation through the App or any other channel We make available from time to time. You shall submit an Application to Rent a Vehicle using the function of the Mobile Application by clicking on “Pay”. If Your reservation is confirmed, this indicates that We have identified an available Vehicle in accordance with Your request. You will be shown the confirmation of the available Vehicle in the App.
5.3. If You have made a Booking and wish to cancel, You may do so, but charges may apply for cancellation:
5.3.1. if You cancel before We have processed Your request then no cancellation charge is payable and the amounts You have already paid, if any, will be refunded;
5.3.2. if You cancel after We have processed Your request but before You sign the Rental Agreement, You agree to pay a cancellation charge in the amount of 10% of the total amount of Rental Period but any excess amounts You have already paid, if any, will be refunded;
5.3.3. if You cancel after You have signed the Rental Agreement, You will need to pay all rental charges, Booking Fees and other amounts due up to the date of cancellation and will not be entitled to any refund.
Pool Service
5.4. You may enter into an agreement with a third party business (Car Rental Company) to lease a car for a defined Rental Period. This is known as Our Pool Service.
5.5. The Pool Service allows You to access an inventory of Vehicles made available for lease by Car Rental Companies. Anydrive does not own the Vehicles and does not lease or sub-lease the Vehicles to You. Our App is a technology platform which enables You to access the Vehicles from the Car Rental Companies. We collect payment on behalf of the Car Rental Companies and perform administrative services but We are not responsible for the Vehicles. You agree to release and hold harmless Anydrive with respect to all losses and liabilities related to the Vehicle rental and You agree that Anydrive is not responsible for resolving or mediating any disputes between You and the Car Rental Company.
5.6. You acknowledge that for Anydrive to process any request it will be necessary for Anydrive to collect Your personal information and to share it with the relevant Car Rental Company, in accordance with the requirements of the Car Rental Company. You hereby consent to all such disclosures. Further information about how We use personal information is set out in Our privacy policy.
5.7. Anydrive does not endorse any Car Rental Company over another. Anydrive uses commercially reasonable efforts to confirm that the Car Rental Companies are licensed to operate in the UAE and maintain the required governmental approvals to provide the Vehicles but We do not make any warranty, guarantee, or representation as to any matter relating to the Car Rental Company, including its status, licensing situation, ability, competence, compliance, quality, experience, qualifications or its performance of its obligations. You agree and understand that it is Your duty to evaluate whether You wish to enter into an agreement with the Car Rental Company in question and that You should raise any questions directly with the Car Rental Company.
5.8. Anydrive requires Car Rental Companies to maintain business insurance and/or professional liability insurance as a condition of access to Anydrive’s platforms but We cannot guarantee that any such insurance remains in place and We do not make any warranty or representation that such insurance is sufficient.
5.9. You can use the Mobile Application to set desired vehicle type, certain specifications and features, rental period and any other parameters. Upon receipt of Your request, the Mobile Application will display available Vehicles, along with pricing information and other information.
5.10. You may select additional services or add-ons on the Mobile Application that We make available from time to time. Charges for additional services and add-ons will vary based on the service, add-on, Vehicle, features, year, and other specifications and will be clearly listed in the Mobile Application.
5.11. If You wish to proceed to rent a Vehicle, You will be required to enter into a rental agreement with Us or Car Rental Company (Rental Agreement) before the Vehicle is handed over to You. The Rental Agreement will reflect the commercial terms selected on the Mobile Application (rental fee, maximum mileage, etc.) and the Mobile Application will guide You through the process of finalising the Rental Agreement. Typically, the Car Rental Company may require You to sign a physical copy of the Rental Agreement at the time when the Vehicle is provided to You. Until You have entered into the Rental Agreement You will have no entitlement to access any Vehicle. You must carefully read the Rental Agreement and decide if You wish to proceed. The Rental Agreement is a legally binding agreement between You and Us or Car Rental Company and once You have entered into the Rental Agreement, You must abide fully with its terms. You agree to indemnify Us and hold Us harmless with respect to any losses or costs We may suffer as a result of non-compliance with the Rental Agreement and the Car Rental Company will also be entitled to enforce the Rental Agreement against You.
5.12. The Car Rental Company may, in its discretion, refuse to enter into a Rental Agreement for any reason. Anydrive is not responsible for any such decision.
5.13. You are responsible for inspecting the Vehicle in question and satisfying yourself that You wish to rent it before You enter into Rental Agreement.
5.14. You acknowledge and agree that Anydrive has no obligations under the Car Rental Agreement and is not responsible for the actions or omissions of the Car Rental Company.
5.15. You receive a Vehicle by accepting an electronic handover document. By clicking on “Start Rent” in the Mobile Application, You confirm having undertaken the procedures laid down in Article 7 of the Rules, confirm that the Vehicle evidently complies with the technical conditions laid down by Legal Regulations and that it is fit for use and confirm receiving the Vehicle for use. Where You undertake these procedures, this is deemed to be the equivalent of receiving a Vehicle pursuant to a handover document and does not require the creation of any further documents. If the condition of the Vehicle does not correspond to the Contract, You are obliged to click on “Report a problem” and to report the reasons for refusing to receive the Vehicle and You shall take pictures of damages by Mobile Application.
5.16. After the Rental Period has come to an end, it is necessary to switch off the engine of the Vehicle, place the gearstick of the automatic gears in “P” position and close all windows and doors. After getting out of the Vehicle and after checking having fulfilled the conditions for ending the rent clicks on “Finish Rent” in the Mobile Application – in such case the Vehicle will automatically be closed and You will be requested to take pictures of the Vehicle. The Rental Period of the Vehicle comes to an end at the instant of clicking on “Finish Rent”.
5.17. Leaving a Vehicle is only permitted when adhering to the requirements laid down by the Contract.
Our Standard Charges
5.18. Each time You create a new request for Rental Period for a Vehicle You will need to pay the prevailing Booking Fee to Anydrive, that will be clearly set out on the Mobile Application. In addition, You will need to pay a Rental Fee based on the type, model, age, and specification of the Vehicle, the specified maximum mileage and the Rental Period. The Rental Fee is payable on a daily basis, upfront; Anydrive collects the Rental Fee on behalf of the Rental Company via Our App.
5.19. Each Rental Period is subject to a specified maximum mileage. At the end of Your Rental Period, if You have exceeded the total maximum mileage, an excess mileage fee shall apply.
5.20. You are responsible for all road tolls incurred during your use of the Vehicle, including Salik/DARB charges, and agree to reimburse us for these costs. We or the Car Rental Company will manage the Salik/DARB registration of the Vehicle and handle the toll charging process on your behalf. A Toll Administration Fee of 2 AED will be applied for each toll gate passed, in addition to the toll charges. You are required to pay both the toll charges and the Toll Administration Fee to us.
5.21. You are responsible for paying Us with respect to all traffic and parking fines issued with respect to the Vehicle during Your Rental Period. We handle the payment of these charges to the appropriate authority on Your behalf. In addition, You agree to pay to Us the fine amount plus the Fine Administration Fee for each fine incurred.
6. Submitting an Application to Rent a Vehicle via the Customer care service
6.1. In exceptional cases, when the use of the Mobile Application is not possible, You may finish the rent by contacting the Customer care service, by calling from Your Contact Number and providing information on the problem having arisen. You must act in accordance with the instructions of the operator. Undertaking this operation is deemed to be the equivalent of receiving a Vehicle pursuant to a handover document and does not require the creation of any further documents.
6.2. You may be asked to communicate particular Personal Data when calling Our Customer care service in order that You may be identified.
7. Activities before commencing the rent
7.1. You must check the Vehicle before commencing the Rental Period in order to identify any faults to the Vehicle, including: exterior damage, interior damage, dirtying of the interior, checking the presence of (damage to) the certificate of registration of the Vehicle and the document on arrangement of motor third party liability insurance for the Vehicle, Salik (if applicable), compulsory equipment (first aid kit whose minimum content of medication and medical equipment is laid down by local legislation), warning triangle, jack, spanner for wheels, spare wheel, unless the Vehicle is fitted with wheels that facilitate emergency driving after a defect, kit for emergency repairs of a defect (repair kit), rubber mats in the place of the driver and passengers, special equipment which may be installed by Us in the interior of the Vehicle and the licence plate of the Vehicle and, when identifying damage, to photograph it and report the identified shortcomings, including damage, dirtying and (or) the absence of any of the specified documents to Us via the Mobile Application. Photographs showing the damage are sent through Mobile Application. Failure to report exterior damage, damage to the exterior of the Vehicle, including dirtying of the interior, or other shortcomings to the Vehicle, the absence of or damage to the certificate of registration of the Vehicle and the document on arrangement of motor third party liability insurance for the Vehicle, means that You have received the Vehicle in proper condition without exterior damage, cracks or scratches and with all documents specified in this paragraph 7.1.
7.2. The use of a Vehicle when identifying damage or other shortcomings, including the absence of the certificate of registration of the Vehicle or the document on arrangement of motor third party liability insurance for the Vehicle is prohibited without Our express consent.
7.3. If no exterior damage to or shortcomings to the Vehicle, missing documents and items or damage thereto are identified when checking the Vehicle, according to paragraph 7.1, and when receiving Our consent to use the Vehicle after receiving information of damage to or other shortcomings to the Vehicle by Us, You undertake the operations specified in paragraph 5.15 of the Rules (receives the Vehicle by clicking on “Start rent”).
7.4. If You discover any Vehicle Damage, You must let Us know immediately calling Our Customer care service. You must report any Vehicle Damage to Us completely and accurately. The Customer care service will inform You whether any of the Vehicle Damage You have reported will prevent You from using the Vehicle or will let You know what additional steps You may have to take to properly address the issue. If the Customer care service determines that a Vehicle can no longer be used, it will assist You in making alternate arrangements. You acknowledge that the Customer care service is operating remotely and that due to the nature of remote communications it is possible that the understanding of the Customer care service representative does not completely accurately reflect the extent of the Vehicle Damage. If You believe the Vehicle Damage renders the Vehicle unsafe or unroadworthy, You must say this clearly to the Customer Care service representative and insist that the Vehicle cannot be used.
7.5. You understand and agree that if You do not completely and accurately report to Us any Vehicle Damage already existing at the beginning of Your Rental Period, that damage will be deemed to have occurred during Your Rental Period and You must pay Us for that damage unless it can be established to Our satisfaction that Vehicle Damage could not have occurred during Your Rental Period.
8. Procedure in the case of a Road Traffic Accident
8.1. In the case of a Road Traffic Accident, You must take all the required steps laid down by Legal Regulations, the GCTC, the Contract and the Insurance Rules for a party involved in a Road Traffic Accident. In addition to the specified steps, You must immediately inform Us (Customer care service) of the Road Traffic Accident and to proceed according to Our instructions and/or Our Accident Inspector.
9. Tanking fuel and filling other fluids in the Vehicle
9.1. You are responsible for paying for fuel consumed by the Vehicle during the Rental Period and for keeping sufficient fuel in the Vehicle for the entire journey. You must only use appropriate fuel-types for the Vehicle in question. You must return the vehicle at the end of the Rental Period with the same amount of fuel in the tank as at the time the vehicle was first provided to You. Should there be any shortfall, You will be charged for the cost of the fuel at the current rate applied by the rental provider, in addition to an administration Fuel Surcharge of 53,55 AED.
10. Marketing campaigns
10.1. We reserve the right to prepare for Clients and organise marketing campaigns consisting of providing favourable conditions for using Anydrive Services as determined by Us (including Reservation, rent, etc.).
10.2. Bonus points are not provided in monies and cannot be exchanged for cash or returned in monies to a card. Bonus points may only be used for the purpose of using Anydrive Services unless Our concerned campaign provides otherwise. The statement of bonus points in AED is merely to make it easier to bill bonus points.
10.3. Bonus points shall be credited to Your Bonus Account in accordance with the terms and conditions of the marketing campaign.
10.4. Bonus points are generally credited the day after satisfying the terms and conditions of the marketing campaign. The use of bonus points is only possible once they have been credited.
10.5. Unless the terms and conditions of a specific marketing campaign specify otherwise, bonus points are first deducted from the Bonus Account according to the tariff at that time following the end of the Rental Period.
10.6. We approve marketing campaigns, publish the terms and conditions thereof on the Website and/or in the Mobile Application.
10.7. Discounts (a reduction in the price of using Anydrive Services) are not totalled and may only be used by You for one reason for which the maximum discount available to you is provided.
10.8. We are authorised to cancel Bonus Points in Your Bonus Account should it ascertain that You are abusing Your right to receive Bonus Points or their usage, including (although not exclusively): transferring the passwords or codes provided to an unspecified group of persons; the provision of passwords and codes in exchange for payment. Bonus Points are not returned after the expiration of relations according to the Contract and their value in money is not paid out.
11. Ending A Trip
11.1. You must ensure You properly end Your trips in accordance with these Member Terms and the process set out on Our App to avoid accruing additional charges.
11.2. When You wish to end a Vehicle Rental Period, You must:
11.2.1. park the Vehicle in a legal public parking spot;
11.2.2. ensure that the Vehicle engine is turned off;
11.2.3. ensure that the Vehicle is clean and tidy and You have left none of Your belongings in the Vehicle;
11.2.4. ensure that all windows, doors, and the trunk are fully closed and that all lights have been turned off; and
11.2.5. ensure that the Vehicle is returned in its original condition, except for ordinary wear and tear due to reasonable use; and
11.2.6. use the App to lock the Vehicle.
11.2.7. When You successfully lock the Vehicle with the App to end a Rental Period, the Vehicle will be locked. You must check this has happened. If You cannot end Your trip You must contact Our Customer care service. If You fail to properly end Your trip, You will remain responsible for ongoing rental charges (unless the failure is due to Our technology malfunctioning).
11.2.8. If We determine You have abandoned the Vehicle without ending Your trip, or You have failed to leave the Vehicle in a designated Vehicle parking spot We may charge You the applicable Fees as well as Our costs associated with attending to the Vehicle and any parking fees or fines incurred or any specified charge We publish from time to time.
Annex 2 to the GCTC
RATES
THE TERMS AND CONDITIONS OF USING INDIVIDUAL RATES
This regulation sets out in detail the Terms and conditions for using individual Rates as specified at the Website and (or) in the Mobile Application.
Packages – We provide You with the opportunity to buy packages, in accordance with paragraph 8.16 of the GCTC. You may purchase the relevant Packages according to the instructions provided at the Website and (or) in the Mobile Application. The fact that You have purchased a package does not preclude Our right to block Your User Account in the manner laid down in the Contract and the GCTC. Discounts and bonuses specified in the Contract and the GCTC which reduce the price of Reservation, rent and terms and conditions applying to tariffs do not apply to Packages, save cases in which the opportunity to use such discounts, benefits or other marketing campaigns is expressly specified by the Package or the terms and conditions of individual campaigns. Information about Packages and the procedure and terms and conditions of acquiring them is published at the Website and (or) in the Mobile Application.
Supplementary Tariffs – supplementary tariffs or tariff options may be determined by Us at Our own discretion on a permanent or a temporary basis. Current information on available tariffs, packages, tariff options, benefits, discounts and campaigns are published at the Website and (or) in the Mobile Application. You must familiarise yourself with the relevant tariffs, Packages and tariff options on your own, without any notification from Us.
Packages may be purchased in exchanged for bonuses, 1 bonus point equalling 1 AED, in exchange for money or in exchange for a combination of the two. A Package is a whole service and may not be divided into individual minutes. Where You fail to use all the days included in a Package when using the selected Vehicle, it may not use those days in the future, save the cases specified hereunder. No compensation is provided for unused parts of a Package.
If during the period of using Packages the use of the selected Vehicle becomes impossible as a result of a fault for which the operation of the Vehicle is prohibited in accordance with Legal Regulations and (or) in consequence of damage to the Vehicle, You must end the rent of that Vehicle and fulfil the obligations laid down in subparagraph 7.2.8 through 7.2.16 of the GCTC. The remaining time in a Package is not carried over to subsequent periods and compensation is not provided for the remaining value of a Package, with the following exceptions:
a) the transfer of bonus points in the amount corresponding to the full price of the Package to Your Bonus Account or making it possible to choose a different Vehicle within the bounds of the Package with consideration for the remaining time of validity of the Package:
• if the inability to use the Vehicle is ascertained before the commencement of the Rental Period;
• if damage to the Vehicle which leads to the inability to use the Vehicle is not caused by Your action (inactivity) (in accordance with Article 10.11 of the GCTC).
The exemptions specified in this paragraph do not apply if You breach the requirements of the Contract during the term of validity of the Package.
b) Compensation equalling the value of the time remaining until the expiry of the Package – in cases in which an inspection by Us ascertains that the use of the Vehicle has become impossible on the ground of:
• a fault in the operation of Anydrive Software and (or) communication systems which ensure interaction between You and the Vehicle and between You and Us:
• the end of the Rental Period prior to the expiration of the Package in connection with an error on Our part.
Under no circumstances crediting bonuses or any compensation by Us shall be made for any of the following reasons:
• the inability to use the Vehicle on the ground of shortcomings which could have been identified when inspecting the Vehicle prior to the commencement of the Rental Period (subparagraph 7.2.8 of the GCTC), in particular on the grounds of dirtying etc.;
• a fault which does not preclude the ability to drive the Vehicle, save faults for which the operation of the Vehicle is prohibited in accordance with the legal regulations in force;
• the theft of the Vehicle;
• when You yourself prematurely end the Rental Period;
• the towing of the Vehicle to an impound yard.
Information on having purchased a Package is recorded in Your User Account prior to activation.
Commencement of the validity of a Package: A Package is valid from the instant of commencing the Rental Period of a Vehicle.
End of the validity of a Package: the passing of the term of validity of the Package; when You ends the Rental Period; the end of the rent on other grounds laid down by the Contract and the GCTC.
If the maximum number of kilometres driven in the Package is exceeded during the term of validity of a Package, You must additionally pay the price of extra kilometres. Moreover, payment for extra kilometres shall be deducted from Your account after the end of the Rental Period of that Vehicle and calculation of the extra kilometres by Us.
You must end the Rental Period on Your own following the passing of the term of validity of the Package. Should You use the Vehicle at the instant of expiry of the term of validity of the Package, the Rental Period does not end. Your tariff is applied with consideration for the discounts and bonus points which You have available.
You may buy another Package only after the validity of the current Package has expired.
Annex 3 to the GCTC
SYSTEM OF PENALTIES
SYSTEM OF FEES
*The imposition and payment of a penalty does not release the Client of the obligation to pay compensation for damage in full.
**This penalty shall not be applied in the case that You took all possible steps to rectify breach in a timely manner (including timely relocation of a Vehicle to a permitted parking space) at Our request, ensured its participation in the writing of an official record of an administrative offence/resolution in the case of an administrative infraction (if one must be written), confirmed that it committed an offence during the period of using Our Vehicle, took part in all procedure regarding an appeal against a resolution/official record issued by a state authority and complied with Our other requirements associated with an appeal against the concerned resolution/official record of a state authority.
Annex 4 to the GCTC
REGULATION FOR DETERMINATION OF NORMAL WEAR-AND-TEAR TO A VEHICLE
Annex 5 to the GCTC
TERRITORIAL RESTRICTIONS WHEN USING A VEHICLE
PERMITTED ZONES
1. The movement of a Vehicle and the parking of a Vehicle in the “Waiting" mode is permitted within the Permitted Zone – United Arab Emirates – as is indicated on the map in the Mobile Application.
2. The ending of the Rental Period is only permitted within the boundaries of the “Home Zone”, as is indicated on the map in the Mobile Application in the form of a shaded, semi-translucent, uniform background.
3. The ending of the Rental Period and the Parking of a Vehicle is only permitted within the boundaries of the “Home Zone”, as is indicated on the map in the Mobile Application in the form of a shaded, semi-translucent, uniform background, in publicly-accessible places.
Annex 6 to the GCTC
TERMINATION OF THE CONTRACT BY NOTICE
Date:_________________________________________________________
Client (firstname, surname):_________________________________________
Date of birth:____________________________________________________
Proof of identity (ID Card No.):________________________________________
Place of residence:________________________________________________
Mobile telephone Contact Number:_____________________________________
E-mail:_________________________________________________________
I hereby terminate the Contract on the Provision of Vehicles for Temporary Use entered into with your company, [company name], Company business licence Number: [______________________]
__________________
(signature)