Terms and Conditions
1. Introduction
OneDealer International GmbH and the mobile application OD CAR SHARING is the online store for the "OD CAR SHARING" car sharing
service of the "REAL CONSULTING INTEGRATION & OPERATION S.A."
company, with distinctive title "Real Consulting" with VAT number 998939034,
tax office FAE Athinon, which is based in Marousi, on Kifisias Avenue, No. 44,
Post Code 15125.
By registering on the online store, you agree to the following
terms and conditions, which apply specifically to the use of the website www.od-carsharing.com[r1] as well as the mobile
application OD CAR SHARING.
Please ensure that you have read carefully the following terms and conditions, because any transaction you have with us via the above www.od-carsharing.com website or the OD CAR SHARING mobile app is governed by the following terms and your transaction with us implies the acceptance of these terms
2. Validity
OneDealer International GmbH reserves
the right at any time to modify, add new or additional terms and conditions. In
any such case, OneDealer International GmbH undertakes the obligation to
immediately inform the user and re-affirm the consent of the user. Any change
to the Terms and Conditions will not apply to transactions that the user has
already completed before the change.
3. Accuracy and Validity of Product Information
OneDealer GmbH is committed to the
accuracy and validity of all the information provided on the www.od-carsharing.com website as well as on the mobile application OD CAR
SHARING. This applies also to the
descriptions of the essential characteristics and features of the products and
services provided, with the exception of typographical errors that may have
escaped our attention or have arisen unintentionally or due to any operation
interruptions caused by reasons of force majeure.
4. Limitation of liability
OneDealer GmbH will take every
measure to inform the user about potential technical issues leading to
unavailability or disruption of service of the www.od-carsharing.com website or the OD CAR SHARING mobile
app. OneDealer GmbH is not liable for any technical problems encountered by the
users due to incompatibility issues of their own devices while trying to access
or use the online store. OneDealer GmbH bears no responsibility for malicious
acts or omissions of third parties trying to or leading to disruption of
services of its www.od-carsharing.com website or the OD CAR
SHARING mobile app.
5. User Conduct
Users of the website www.od-carsharing.com as well as the mobile application OD CAR SHARING, agree that they will not use them for sending, publishing, sending by
e-mail or transmitting in any other way any content that is illegal, harmful,
threatening, offensive, harassing, slanderous, defamatory, vulgar, obscene,
libelous, constitutes a violation of the confidentiality of another person,
shows empathy, or expresses racial, ethnic or other discrimination, may cause
harm to minors with any way, is not entitled to be transmitted in accordance
with the legislation, regulations or any contractual right (such as internal
information, proprietary or confidential information acquired or disclosed by
any means or are covered in confidentiality agreements), violate any patent,
trademark, trade secret, copyright or other proprietary rights of third
parties, contain software viruses or any other malicious codes, files or
programs designed to interrupt, damage, destroy or impede the operation of any
computer software or hardware, intentionally or unintentionally violates the
applicable Greek and EU legislation, may harass third parties in any way and
any content that can be used to collect or store users' personal data.
6. Data security
OneDealer GmbH recognizes the
importance of the security and confidentiality of users’ personal data and
electronic transactions and has taken all the necessary measures to ensure it.
More specifically:
6.1 User login: The User
can login only by providing a valid combination of a verified email account
(username) and Personal Secrete Security Code (password). The User can modify
his/her personal security password as often as he/she wish. The only person
that has access to the above code is the user and he/she is solely responsible
for maintaining the secrecy and conceal them from third parties. In case of
password loss or leak, the user must immediately notify OneDealer International
GmbH at +30 2130434526 or at ([email protected]), otherwise OneDealer GmbH will not be responsible for the use of the
secret code from a non-authorized third party. It is recommended that the user
changes its password regularly and avoid reusing it or using obvious personal
information (e.g. addresses, date of birth, etc). We also recommend the use of
numbers, symbols and uppercase and lowercase letters for a strong password.
6.2 Ensuring the safety and
confidentiality of electronic payment information: To ensure the
safety and confidentiality of electronic payment transactions and the transfer
of payment data, such as debit or credit card details, we use Native Checkout
v2 3DS provided by VIVA PAYMENTS SERVICES S.A. and card owner - card details
tokenization. We will never store your card details in our systems! (For more
information you can visit the website:
https://developer.vivawallet.com/online-checkouts/native-checkout-v2/)
6.3 Secure Infrastructure
(firewall): All the infrastructure accommodating our online store is
hosted in a secure data center complying with the latest ISO: 27001 regulations
and GDPR provisions
6.4 Electronic communications
encryption: the online store of OneDealer International
GmbH uses the sha-256RSA algorithm to encrypt/decrypt
the information it receives/sends during the user's visit.
6.5 Data confidentiality: All
information transmitted by the user of the www.od-carsharing.com website or the mobile
application OD CAR SHARING is confidential and OneDealer International GmbH
has taken all necessary measures, by design, to make sure that it only asks for
user information necessary for the provision of its services. Furthermore, data
confidentiality is ensured by the following:
- Only
authorized employees have access to your user profile and transaction
information
- OneDealer
International GmbH does not disclose customer information and
transactions, unless it has written authorization from you, or it is
required by a court order or a decision of another competent government
authority.
- In
the event that OneDealer GmbH uses third parties to support its systems,
they are bound to the exact same privacy and confidentiality terms as its
employees.
7. Personal Data
7.1 In order to register to www.od-carsharing.com or the mobile application OD CAR SHARING, you will be asked to fill-in your personal information such as name,
surname, telephone number, email address etc. these are necessary to provide
you with our services. Your personal information are kept solely in order to
enable your transactions with us, to improve and customize the provided
services/ products and to adhere to Greek legislation and Greek Government
Authorities regulations and may not be used by any unauthorized third-party
(except if ordered by law or a competent Government Authority).
7.2 For your own safety, you should
handle all personal information provided to our online store, as confidential
and secret and when registering you should pay special attention to conceal the
information of your user profile from any third parties
7.3 OneDealer International GmbH is
the controller of the user's data collected by www.od-carsharing.com or the mobile application OD CAR
SHARING for the provision of this service. OneDealer GmbH employees and OneDealer
GmbH cooperating companies, as Processors on behalf of OneDealer GmbH, have
access to the User’s Data in order to operate, support, maintain and monitor
the service. Data is retained by OneDealer GmbH as long as required to achieve
its purpose of collection, unless it is legally required to extend this time
due to OneDealer GmbH legal claims or legal obligations. The User has the
following rights: access, rectification, deletion, restriction of processing
and objection, which can be exercised by submitting a request to the OneDealer International
GmbH contact center +30 2130434526 or through email at [email protected] Additionally the User can find the relevant
application forms of exercising the above rights on the OneDealer website where
the Personal Data Protection Policy has been posted. OneDealer International
GmbH is required to reply within one (1) month. The User may also lodge a
complaint before the Personal Data Protection Authority ([email protected] ).
8. Purchase of products/services
We recommend before using our OD CAR
SHARING service for the first time to
visit www.od-carsharing.com and read carefully the User Guide and Terms & Conditions
pages, where you will find useful information about the service. In summary, in
order to make a purchase in our online store, you will first have to register
and reserve your car. At this point you will receive a series of automated
e-mails, which will notify you about the progress of your reservation/trip.
Once you end your trip you will also receive a report indicating the cost of
your reservation/trip and your payment details (your purchase). Typically, you will receive
the following:
- Reservation
Confirmation: When your Reservation has been received
and checked for correctness. This message will include all the details of
your reservation (i.e. start time, car type, car plate, etc)
- Canceled
Reservation: n the event that you wish to
cancel your reservation before you start your trip or you are otherwise
unable to start your trip, within the 45 minutes windows from your
reservation, you will receive a message informing you about the
cancellation
- End
of Trip Report: When you have completed your
trip/reservation. This report includes useful information such as:
- Reservation
start time
- Reservation
end time
- Charged
duration
- Distance in Km
- Total cost
- Card used for
Payment
IIn case of a problem with your reservation/trip a corresponding e-mail will be sent to you or alternatively we will contact you on the telephone numbers you have given us during your registration in our online store.
The user cannot opt for the omission
of the aforementioned emails from our online store as their transmission is a
prerequisite for the provision of our service. In case that a user does not
receive these e-mails, it is his/hers obligation, to inform us without delay at
the contact center of OneDealer GmbH at +30 2130434526 or via email to the electronic Address [email protected]
9. Payment via debit or credit card
Our online store accepts all credit
and debit cards such as Visa, Mastercard and American Express. To ensure the
safety and confidentiality of electronic payment transactions and the transfer
of payment data, such as debit or credit card details, we use Native Checkout
v2 3DS provided by VIVA PAYMENTS SERVICES S.A. and card owner - card details
tokenization. We will never store your card details in our systems! (For more
information you can visit the website: https://developer.vivawallet.com/online-checkouts/native-checkout-v2/)
10. Terms and Conditions for the use of “OD CAR SHARING”
Cars
i. Definitions: These
conditions apply for the whole term of the reservation/trip period and to any
vehicles rented from OneDealer GmbH via its online store
ii. Rental Period: The
User will reserve the vehicle for the reservation/trip period he/she desires
through the use of the OD CAR SHARING
App. After the end of reservation/trip, OneDealer GmbH OD has the right to take
back the possession of the vehicle at any time and place and by any means,
without the consent of the User.
iii. User’s/Driver’s
responsibilities: (a) The driver of the vehicle must look after the
vehicle and take the necessary precautions to avoid its theft. In case of loss
of car keys, the User will be charged the “loss of key charge” (b) The
User must make sure that he uses the correct fuel. (c) The
User must not let anyone work on the vehicle without OneDealer GmbH written
permission. (d) The User must notify OneDealer GmbH as soon as
he/she becomes aware of a defect in the vehicle. (e) Subject
to a different agreement, In order to terminate a reservation/trip the User
must return the vehicle to one of the specified allowed parking locations, as
indicated on the map of the OD CAR SHARING application.
If the User has requested collection of the vehicle, User’s liability for
damage and theft shall extend to the earlier of midday of the first working day
following the requested collection time, or the time of re-inspection of the
vehicle by a member of OneDealer GmbH staff. If the User breaches any of the
provisions of these Terms and Conditions, he is not entitled to any indemnity
from OneDealer GmbH for any reason whatsoever but instead must indemnify OneDealer
for any damages suffered
iv. Vehicle Condition: The
User received the vehicle in good order and condition and ascertains that it
fully serves its purposes. The User cannot hold OneDealer GmbH liable for lack
of diligence which might prevent an eventual malfunction of the vehicle.
v. Property The User
hereby releases OneDealer GmbH from any liability for the loss or damage to any
property left, stored or transported by the User or by any other person in or
upon the vehicle during the reservation/trip period or after return of the
vehicle to an allowed parking location.
vi. Terms of use: The
vehicle is not allowed to be used: (a) by anyone else except
of the Registered User of the OD CAR
SHARING App. The User must hold a valid driving license recognized in Greece
for at least one year and be at least 21years old. (b) for any
illegal purpose or in breach of Greek Traffic Code rules (c) for
transportation of passengers/goods against remuneration (c) in
order to push or haul other vehicles (d) off-road, or
racing, (e) under the influence of alcohol or drugs (f) for
travels outside Greece or on board of ships.
vii. Charges: The
User will pay following charges: (a) Any applicable municipal
or other levy and any airport surcharge. (b) charges for any
additional services used by the User under this Agreement (c) A
refueling service charge if the User has used, and not replaced, more fuel than
OneDealer GmbH supplied originally, plus the charge for the missing fuel, (d) Any
charge for loss or damage resulting from non compliance with Articles iii and
vi. (e) All fines and legal costs for violations of Greek
Traffic Code. If the User does not pay the fines to competent authorities, he
must additionally pay OneDealer GmbH a service charge of EUROS 30 for handling
them. (f) subject to article viii, the full costs or excesses,
as described under viii, for the repair or replacement of the vehicle in case
of damages or theft, irrespectively from User’s fault. If and when OneDealer
GmbH recovers the cost of damage from the insurance company, then OneDealer
GmbH will reimburse the User accordingly. In any case of damage or accident, a
fixed service charge of EUROS 30, which is not reimbursable (g) On
OneDealer GmbH request, any loss of profit (h) On OneDealer
GmbH request, any charges and levies imposed by Customs and Excise or any other
authority as a result of seizure of the vehicle (i) in case of
collection of the vehicle from an unallowed location, the full cost of
collection (km of distance X price/km) (j) Default Interest at
the applicable statutory rate, for any overdue amounts (k) on OneDealer
GmbH request, costs, including reasonable legal fees, incurred for the
collection of any amounts due by the User hereunder. (l) VAT
and all other applicable taxes and levies on any of the charges listed
above, (m) The User is personally liable for all above charges
as a principal debtor, even if a third person has undertaken liability for
their payment, either towards OneDealer GmbH or towards the User (n) Where
User elects that any charges under this Agreement are billed in a currency
other than € (EURO) or if OneDealer GmbH claims payment of charges in any other
country except Greece, currency conversion will be based on bank’s conversion
rate plus 4%, due to OneDealer GmbH handling charges for processing such
transaction, (o) the cost for cleaning of the vehicle in case
of excessive dirt or stains due to its use by the User
viii. Risk
Protection/Insurance: If the User does not breach any provision of
this Agreement, he/she is covered against the following risks by the insurance
company of OneDealer GmbH: (a) third party death or body
injuries (with the exception of the driver of the vehicle) up to a maximum of
EUROS 1.220.000 per person, (b) third party material damages
up to a maximum of EUROS 1.220.000. OneDealer GmbH also provides collision
damage waiver and car theft protection waiver, under the following terms and
conditions: (c) car theft protection (with the exception of
the amount of EUROS 200) subject to compliance with article iiia, (d) collision
damage cover (with the exception of the amount of EUROS 200). The benefit of
collision damage waiver does not apply to damages caused by intention, or gross
negligence or bad usage or while the vehicle was on board of ship. User’s
liability is not waived, if he/she used the vehicle in breach of article vi.
ix. What to do in case of
accident or theft: User must (a) submit immediately a
detailed incident report to OneDealer GmbH (b) take care of the
vehicle (c) call the police immediately in order to certify
any third party responsibility and take care of injured persons (d) get
the names and addresses of anyone involved, including witnesses
x. Termination of Provision
of Service: OneDealer GmbH may terminate the provision of OD CAR
SHARING service to a User at any time if it
finds out that the User is unable to pay or his/her assets have been seized,
wholly or partly, due to debts, or if the User has entered into bankruptcy or
is under liquidation or if an enforceable decision has been issued against him.
OneDealer GmbH may terminate the provision of service immediately in case of
infringement of the provisions hereof. In case of termination, OneDealer GmbH may
claim amounts due by the User and is entitled to take back the possession of a
reserved vehicle and charge the Renter with all relevant expenses
xi. Governing law: The
provision of OD CAR SHARING service is governed by the
laws of Greece. Any dispute is submitted to the jurisdiction of the Courts of
Athens. OneDealer GmbH has the right to lodge actions against the User before
the courts located at the User’s registered offices. xii. The User agrees and
accepts that the above terms and conditions apply even if the initial duration
of the reservation period is amended or if the reserved vehicle is replaced.