Last updated: 23rd June 2022
Carasti for Car Rental (One-person limited liability company) with MISA license number 102144209104250 and VAT Registration Number 310991088900003), and its registered office situated at 3141 Anas Bin Mailk, Al Malqa District, Unit III, Riyadh 13521 – 8292, Saudi Arabia, and/or its affiliates, officers or directors, Group subsidiaries, employees, agents and assignees
THE TERMS & CONDITIONS ('TERMS') HEREIN GOVERN YOUR USE OF, AND ACCESS TO, CARASTI’S SERVICES AND CONTAIN CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY AND KEEP THEM SAFE FOR YOUR FUTURE REFERENCE, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
- “Account” means a digital account that a Subscriber registers to via the Carasti App in order to access our Services.
- “Additional Fees” means any fees that are incurred as a result of the Subscriber using a Vehicle, including but not limited to, charges for fuel, tolls, excess mileage, traffic offenses, parking restrictions, court costs, congestion charges, speeding or other driving-related offenses, fixed daily penalty charges or Early Termination Charges, any costs or charges relating to repossession of the Vehicle (including third party agent costs, transportation required for repossession of the Vehicle), any charges payable for damages, dents, scratches to the Vehicle during the Subscription Period, as well as any reasonably incurred, foreseeable losses/charges resulting from the breach of these Terms or Partner Agreement by the Subscriber.
- “Agent” means Carasti in its role of connecting a Subscriber with a Partner for the provision of Vehicles on behalf of the Partner, and acting as the payment collection agent for the collection of payment from the Subscriber for the Subscription Price on behalf of the Partner (Carasti acts as the agent for the Partner, where the Partner is acting as the principal).
- “App” means a digital mobile application provided by Carasti to connect our Subscribers with our Partners.
- “Confirmation” means any electronic or written confirmation issued to the Subscriber by Carasti once a Subscriber has made a Booking, which shall confirm all relevant details related to the Vehicle subscription.
- “Booking” means a booking by a Subscriber to use a particular Vehicle under a Partner Agreement for a specified period of time, submitted via the App.
- “Early Termination Charge” means an additional charge incurred by the Subscriber for in the event the Partner Agreement is ended earlier than the termination date of the current Subscription Period.
- “Group” means the Company, any subsidiary or any holding company from time to time of the Company.
- “Mini Lease Subscriptions” means a long term subscription agreement of 6, 9, 12 or 24 months fixed Subscription Period to a new Vehicle listed in the New Car section of the Carasti App or Website.
- “Monthly Subscriptions or Month-Based Subscriptions” means a subscription agreement that is not for a Mini Lease Subscription and agreed on a monthly basis of 1, 3 or 9 months. A month is calculated as 30 calendar days listed in the Used Car section of the Carasti App or website.
- “Partner” means a person, company or organization (including a car leasing, dealership or rental company) who registers with us to make a Vehicle(s) available for subscription via our App. A Partner includes a legal or beneficial owner of a Vehicle and an administrator of Vehicles, and therefore is the principal supplier of the Vehicle to the Subscriber, which will enter into a Partner Agreement with the Subscriber.
- “Services” means any product and/or services made available by Carasti, including but not limited to, online and/or offline services (including the App, our website and associated technology) enabling a Subscriber to enter into Partner Agreements with Partners for use of their Vehicles.
- “Subscriber” means a user, whether person, company or organization who is registered as a Carasti subscriber who subscribes to use a Vehicle(s) with our Partner(s).
- “Partner Agreement” means a written, binding agreement between a Subscriber and Partner where a Subscriber subscribes to a Partner’s Vehicle for the Subscription Period. Carasti shall not be a party to the Partner Agreement. Partner Agreements may also be referred to as 'Rental Agreements' or 'Lease Agreements'.
- “Subscription Period” means the fixed period of subscription under the relevant Partner Agreement for which the Subscriber uses the Vehicle.
- “Subscription Price” means the price for the Subscription as set out in the relevant Partner Agreement, which is selected by and agreed with the Subscriber via the Carasti App. Where the price on the App is inconsistent with the price set out in the relevant Partner Agreement, the price on the App shall prevail.
- “Vehicle” means the car or other vehicle of a Partner subject to a Booking, and that includes all its parts, tools, fittings, components (whether mechanical or otherwise) and registration documents (including owner’s manual).
Your Acceptance of Terms
These Terms apply to all Services provided or arranged by Carasti to you as the recipient of the Services. By registering an Account with Carasti as a Subscriber you agree to comply with and be legally bound by these Terms. These Terms apply at any time when you use our App or any other method of accessing the Services and constitute a binding legal agreement between you and Carasti. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OUR SERVICES.
You acknowledge that Carasti does not own, sell, re-sell, lease or rent any Vehicles and agree that the Partners are fully responsible and liable for providing and maintaining Vehicles under the terms defined in the Partner Agreement, such that Carasti acts solely as an Agent bringing the Subscriber and Partner together to facilitate the Services. Further, you understand and agree that the Partners are not affiliates, Group subsidiaries, agents, employees, officers or directors of Carasti.
You will comply with these Terms and any obligations under the relevant Partner Agreement. If you allow another person to make use of a Booking you have made (for example any named drivers to use the Vehicle) you agree that you will remain responsible for the Booking and the use of the Vehicle.
You agree that Carasti reserves the right to amend these Terms and/or the form of the Partner Agreement from time to time. If Carasti amends the Terms and/or the form of the Partner Agreement by posting the revised Terms and Partner Agreement on the App, these amended Terms and form of Partner Agreement (if any) will take effect 7 days following being posted. For the avoidance of doubt, any Partner Agreement already existing between you and Partners will not be affected by such changes to the form of the Partner Agreement. Your continued use of the App shall indicate your agreement to be bound by the amended Terms and/or acceptance of the new forms. These Terms are also subject to change in accordance with any changes in the laws of the Kingdom of Saudi Arabia.
Your Registration with Carasti
In order to register to use our Services, please download our App through a third party’s app store to your mobile device, which must be solely for your own personal, non-commercial use. To use our App, you must provide your own access to an internet connection and pay any service, use or connection fees to your mobile network service provider.
In order to make a Booking using the App you must first register an Account with a username and password or social media login (including via Facebook or Google). You agree that Carasti may share your personal information contained within your Account with our Partners in order to facilitate the Services. You will need to provide your personal information in your Account which includes, but not limited to, name, address, email address, date of birth and phone number. For security and authentication procedures for access to our Services, you will also need to provide us with a scan or image of your driver’s license and National ID. You must have a full current valid driver’s license that has no convictions deemed unacceptable to Carasti or the Partner (including but not limited to any previous driving disqualification(s)).
You agree to provide us with complete and accurate information about you in your Account. Where permitted, Carasti has the right, but not the obligation, to undertake screenings, checks and processes designed to help verify the identities and/or backgrounds of Subscribers, including driving history and license validity. Carasti does not endorse any Subscriber, or a Subscriber’s background, or commit to undertake any specific screening process. Carasti may in its sole discretion use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Carasti to request, receive, use, and store such information. Carasti may accept or reject your application to become a Subscriber in its sole and absolute discretion.
Using our App & our Services
When you use the Services, we are providing you with the means to enter into Partner Agreements directly with Partners. Once you have access to the App, we display Vehicle inventory of our multiple Partners (with whom we have separate agreements), so that you may browse through all Vehicles available for subscription. Once you have selected your chosen Vehicle through the App and are ready to proceed, you will select your chosen Subscription Period and provide your electronic consent and agree to create a Partner Agreement directly with one of our Partners to subscribe to the Vehicle.
Your Vehicle will be delivered to you by the Partner or you may choose to collect it from the Partner at their offices or agreed location. Upon receiving the Vehicle, you will enter into a Partner Agreement with the Partner by signing in writing or electronically to agree to their terms of the Booking.
You agree to subscribe to the Vehicle as described in the Booking Confirmation for the relevant Subscription Period. The relevant Subscription Period and the Subscription Price will be detailed in the Partner Agreement and shown in the Confirmation issued by Carasti via the App.
Carasti and the Partner reserve the right to be able to reasonably substitute a Vehicle, including in the event of a manufacturer’s re-call, or other known mechanical fault or safety issue.
The Subscription Period may be extended at the end of the current Subscription Period, which the Subscriber agrees shall only be made effective via the Carasti App and in accordance with the terms of the Partner Agreement, which shall be amended by the Partner and signed accordingly with you and the Partner if deemed necessary, subject to the Vehicle being available beyond the Subscription Period at the time of applying for such extension. If Carasti learns a Subscriber has circumvented Carasti and made arrangements with Partners outside of the App, such acts shall be grounds for immediate termination of the Subscriber’s Account. Upon any extension of a Subscription Period, you shall be required to amend and sign the Partner Agreement, if necessary.
Insurance coverage for the Vehicle throughout the Subscription Period is included within the Subscription Price, as agreed between Carasti and the Partner.
Carasti is not a party to Partner Agreements, which are binding agreements between you, as the Subscriber, and the Partner. Carasti shall have no liability under any Partner Agreement. Without limiting the foregoing, Carasti shall not be liable to you for any breach of any obligations relating to your subscription to, condition of, or use of the Vehicle. Carasti simply facilitates the payment for your use of the Vehicle provided by the Partner.
You appoint Carasti as your payment collection agent to collect all payments relating to Partner Agreements on your behalf. You authorize Carasti to advise Partners that Carasti is authorized to collect payments from you. Payment of the Subscription Price will be collected automatically by your selected payment method at the time of confirming a Booking. For avoidance of doubt, payment of the Subscription Price must be completed before you can receive the Vehicle from the Partner. Payments for additional charges will be charged automatically and a notification / invoice of the total charge and the charge type will be sent to you. We will reach out to you first with any invoices and supporting documentation for any additional charges and charge within 48 hours unless otherwise agreed between you and Carasti.
Carasti accepts payments by credit card and debit card, including without limitation, MADA, VISA and Master card. Payments will only be accepted in the currency of SAR (Saudi Arabian Riyal, being the official currency in the Kingdom of Saudi Arabia).
You shall usually receive a payment confirmation via email within 24 hours of Carasti’s receipt of your payment. Any refunds shall be made to the original mode of payment used by you at the time of making the Booking. Please allow up to 5 working days for the refund transfer to be completed.
Carasti confirms it shall not trade with or provide any services to OFAC and sanctioned countries.
You, as the cardholder, must retain a copy of transaction records and relevant policies and rules of the merchant.
If you fail to fulfil your payment obligations under the Partner Agreement, Carasti will charge you a 10% service charge on the outstanding amount and a 50 SAR fee per day for every day that it remains outstanding.
You agree to be responsible for maintaining the confidentiality of your Account (including payment method details). You agree to immediately notify Carasti of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Carasti cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You agree to observe and act in accordance with these Terms. During Bookings, you must at all times abide by the terms of the Partner Agreement, including but not limited to, the obligations relating to collection and return of the Vehicle, conditions for using the Vehicle (including restrictions on what the Vehicle can be used for and whom can use the Vehicle). Your responsibilities relating to the Vehicle, the Partner and Carasti are set out in the relevant Partner Agreement.
You agree that you are eligible to use our App and Services by confirming you are of least 25 years of age or older, such that you are of legal age to form a binding agreement with us. If you do not meet this requirement, you must not register to use our App or Services.
You agree that you will not create a false account with Carasti and will not use your Account for any immoral or illegal activity (including but not limited to money laundering or fraudulent bookings).
You agree to ensure that your personal information in your Account is correct and accurate, current and complete, and further you agree to maintain and keep your Account information up-to-date. Carasti will not be responsible for any incorrect details you provide to us, including if a Confirmation or other correspondence is not received due to incorrect Account information. If you notice any of your information is incorrect, please let us know by emailing [email protected] or chat with us via the live-chat system on our App.
Upon delivery (or collection) of the Vehicle, you must inspect the condition of the Vehicle before the start of the Subscription, and you must identify any defects and agree on such defects with the Partner in a vehicle condition report, which forms part of the Partner Agreement. You agree to keep the Vehicle in good and road-worthy condition throughout the Subscription Period. You agree to return the Vehicle to the Partner in the same condition as you received it, except allowing for wear and tear expected (including to tires and fittings) as a result of the mileage travelled and general use of the Vehicle during the Subscription Period. You must immediately inform Carasti and the Partner of any defects or damages to the Vehicle while in your possession during the Subscription Period.
You agree to always lock the Vehicle when not using it and acknowledge you shall be liable for any costs for replacement keys. Carasti shall have no liability to you if any of your belongings are stolen from the Vehicle. You also agree to use the correct fuel for the Vehicle and agree you shall be liable to pay any associated costs to remedy any damage caused by mis-fuelling. You further agree that Carasti is not liable for any belongings left in the Vehicle when it is returned to the Partner at the end of the Subscription Period.
You shall not allow any driver other than a named driver(s) in the Confirmation to drive the Vehicle at any time during the Subscription. If anyone other than you is using the Vehicle, you agree you will remain responsible for the Booking and the Vehicle. You shall drive the Vehicle in compliance with all applicable road legislation and rules at all times.
The Vehicle must be returned to the Partner by the end date of the Subscription Period either by you delivering it to the Partner’s location or the Partner collecting it from you. If you do not return the Vehicle to the Partner by the end date of the Subscription Period, you shall be in breach of these Terms and the Partner Agreement, and we may report you to the relevant authorities and arrange for the Vehicle to be repossessed and/or seek criminal charges against you.
You must not sell, rent, sub-lease, sub-subscribe or dispose of the Vehicle or any of its parts. For avoidance of doubt, you will not own the Vehicle, which remains the sole property of the Partner.
You agree not to modify, alter or attach anything to the Vehicle and you shall be liable for any costs associated in returning the Vehicle to its pre-modified condition if you act in contravention to this sub-clause.
You acknowledge that you have sole responsibility for your own safety and the Vehicle throughout the Subscription Period.
You shall return the Vehicle to the Partner in a fit condition, namely that the interior and exterior of the Vehicle(s) is clean and free of any damage, blemishes, stains, marks, etc. In case the Vehicle(s) is not in such a fit condition, the Subscriber may be liable to pay for repairs to the Vehicle(s) as per the estimate given by the Partner.
If your vehicle is collected without You being present you accept full liability for any damages noted by the partner as You were not present to sign off the condition of the car. This also applies in the case of force collections where You are not present to collect the vehicle.
Restrictions of Use
You may use the App or the Services only in accordance with these Terms. You agree not to use the App or Services for your own unrelated purposes, including but not limited to: contact a Partner for any purpose other than in relation to a Booking; commercialize any content found on Carasti or software associated with our Services; harvest or otherwise collect information about other Subscribers without their and our consent; recruit or otherwise solicit any Carasti Subscriber to join third party services or websites that are competitive to Carasti, without Carasti’s prior written approval; or to harass, annoy, threaten, harm or abuse Partners or other Subscribers.
You agree not to interfere with the operation of the App or the Services, including by:
- distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of our Services, or harm Carasti or the interests or property of others;
- by-passing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure; systematically retrieving data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise;
- using display mirroring or framing the Services or any individual element within the Services, Carasti’s name, any Carasti trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without Carasti’s express written consent;
- accessing, tampering with, or using non-public areas of the Services, Carasti’s computer systems, or the technical delivery systems of Carasti’s providers; attempting to probe, scan, or test the vulnerability of any of Carasti’s system or network or breach any security or authentication measures; avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Carasti or any of Carasti’s providers or any other third party (including another user) to protect the Services;
- forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
- attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
- endeavoring to circumvent a suspension, termination, or closure of your Account, including, but not limited to, creating a new Account to circumvent an account suspension.
You acknowledge and agree that the Vehicle will not be used (i) to transport hazardous, toxic, flammable, corrosive or commercial/trade materials, or (ii) for any purpose whatsoever that would not be covered or invalidate the Vehicle insurance (including but not limited to track-racing, off-road, racing, or driving lessons).
You agree the Vehicle will not be driven under the influence of alcohol or drugs (including both illicit drugs and legal medications that impair a person’s ability to operate a vehicle), and no one may smoke inside the Vehicle. The Subscriber shall be liable to Carasti for a fine of SAR 500 if Carasti believes you violated this sub-clause.
Further, you agree that the Vehicle will not be:
- sub-let or used for conveying passengers or goods for hire or reward
- driven through water logged streets and areas;
- Used for propelling or towing away any vehicle or object in any test, race contest or competition;
- used in violation of any traffic, customs or other regulations;
- You agree that the Vehicle will not be driven outside of Saudi Arabia, unless agreed first in writing with the Partner and Carasti.
Procedures for Accidents, Damages & Theft of a Vehicle
In the event of an accident (or other road related incident) involving the Vehicle, whether it is your fault or not, you shall:
Not admit responsibility or attempt to negotiate with third parties;
Record the registration number of the other vehicle(s), take photographs of the accident scene, obtain the names and contact details and insurance details of all other parties involved in the accident;
Ensure the Vehicle is secure and comply with all applicable road and traffic laws; and Directly follow the Partner’s and/or Carasti’s instructions for having the Vehicle repaired. You shall not make arrangements for repair with any other third parties without the permission of the Partner and/or Carasti.
In the event of any damage to the Vehicle, whether it is your fault or not, you shall:
Provide all reasonable cooperation with Carasti and/or the Partner in relation to making necessary repairs (including returning the Vehicle to the Partner as soon as practically possible, if needed);
Assist the Partner and/or Carasti with the submission of any insurance claim(s) (including providing all necessary information relating to the claim); and In the event of any accident or vandalism to or the theft of the Vehicle, you shall report the incident to the traffic police (993) and also through the Najm App, note down all the details of parties involved, take pictures of the accident and upload all through the Najm app, you will then be assigned a surveyor. The surveyor will arrive at the scene and provide you with a report. This report states the cause of the accident and shall determine which party is at fault. Once you have this report you can contact the fleet partner and/or Carasti to arrange for your car to be collected and a replacement will be arranged.
In the event you encounter a fault or warning light indication on the Vehicle, you shall notify the Partner and Carasti as soon as practical with details of the fault/warning indication. The Partner shall endeavor to rectify the fault as soon as possible and a replacement Vehicle may be provided within 24 hours while the Vehicle is under repair (subject to the cause of the fault).
For the avoidance of doubt, it remains at the Partner’s and Carasti’s discretion whether to refund or cancel any portion of the Subscription Price relating to the time during the Subscription Period in which the Vehicle is unavailable to you as a result of the incidents described within this Clause 9. Further, it remains at the Partner’s and Carasti’s discretion as to whether you will receive a replacement Vehicle for the remaining duration of the Subscription Period, if the Vehicle is unavailable as a result of any of the incidents described within this Clause 9.
Partner Servicing & Maintenance
The Services include all routine servicing and maintenance of the Vehicle during the Subscription Period, which is included within the Subscription Price, and shall be provided exclusively by our Partners.
The Partner shall contact you with reasonable advance notice to you to arrange necessary servicing and maintenance appointments, and you shall agree to keep scheduled appointments as agreed.
For the avoidance of doubt, you shall be liable for any necessary repairs that the Vehicle requires in excess of the valet cleaning service, normal wear and tear, or if the Vehicle has been damaged (either inside or outside), subject to repairs covered by the insurance policy for the Vehicle. You shall be charged separately for any repairs using the debit or credit card information you supplied to Carasti for this purpose. You hereby authorize Carasti to charge your payment method on file with Carasti for such additional repairs.
You acknowledge and agree that Carasti may install a telematics solution into the Vehicles at Carasti’s own cost, which allow Carasti to use GPS technology to collect information on the Vehicle (including but not limited to mileage travelled, fuel level, braking data), in addition to allowing Carasti to remotely lock or unlock the Vehicle, if necessary. You consent to Carasti collecting such information as described in this Clause 11.
Carasti may terminate your access to the Services or App at any time, for any reason or no reason, with or without notice, effective immediately. Potential reasons include, but are not limited to, your failure to pay the Subscription Price or Additional Fees, your breach of these Terms, your vehicle insurance becoming invalid, your filing for bankruptcy or if you are no longer in possession of the Vehicle. For the avoidance of doubt, it remains in the sole discretion of Carasti whether to refund any partial payment of the Subscription Price in the event of an early termination, which shall be decided based on the reason for termination.
If you do not comply with these Terms, we may suspend or close your Account and you will not be able to use our Services (including making Bookings). If you try to create a new Account to circumvent our suspension or termination of your Account, we reserve the right to permanently terminate the new Account and any other existing Account you may have.
Upon termination of your Account, you will no longer be able to use our Services or make Bookings through Carasti. If you have any outstanding Bookings when we close your Account, you may be refunded in accordance with the terms of the applicable Partner Agreement.
In the event of termination, these Terms will continue in full force, so far as they relate to any previous Bookings.
Carasti has sole discretion to remove specific Vehicles or Partners at any time whilst a Partner uses the Services. If a Vehicle is removed whilst there is a Partner Agreement in place with you, that Partner Agreement will terminate immediately. Upon termination for this reason, the Partner must collect the Vehicle, and you will be refunded, calculated on a daily pro rata basis, through Carasti (as payment agent for the Partner) for any payments made under the Partner Agreement for use of the Vehicle paid for but not received by you.
For the avoidance of doubt, each individual Booking you enter into with Partners for the use of Vehicles may be terminated in accordance with the relevant Partner Agreement, and you and the Partner’s liability and obligations will be determined by these Terms and the terms of the Partner Agreement.
If you fail to return the Vehicle to the Partner promptly at the end of the Subscription Period or as required on earlier termination, Carasti may report you to the relevant police/government authorities.
You may request that your Account be deleted by notice in writing to Carasti at any time, but you agree to honor any outstanding Bookings and obligations under Partner Agreements in effect at the time of termination.
Termination of your Account will not affect the right of Carasti to recover any amounts owed by you pursuant to these Terms.
All provisions contained within these Terms, which should survive after termination of these Terms shall survive after termination, which includes, but is not limited to, disclaimers of warranties, indemnities and limitations of liability.
Deposits, Additional Fees, Cancellation & Refunds
Carasti will ask for you to top up your Carasti Wallet by SAR 750 upon booking which will be held and used towards any potential additional charges such as tolls, fines, damages or any other additional charges linked to your account. Please note that your minimum balance whilst you have an active subscription needs to be maintained at SAR 750. We will refund this amount to the card used to make the payment after 30 days from you returning your vehicle after deducting any outstanding charges.
You shall be responsible for all offences and violations, including but not limited to traffic violations, involving the Vehicle(s). Fines or other expenses incurred by you during the Term shall be paid by you.
Additional Fees shall be applied by Carasti/the Partner on any expense payable by the Subscriber for the Vehicle(s). You agree and accept that the Additional Fees shall be calculated as follows:
For any daily or weekly subscription extensions following the completion of your first full month subscription period the rate will be calculated at the monthly pro-rata amount with a 25% surcharge.
For any traffic and/or parking fine, a 12.5% Carasti administrative fee shall apply.
For any fuel & excess mileage charges, a 2.5% fee shall apply in addition to the Partner’s standard charges.
In case of a booking received without valid documentation or cancellation before delivery for any reason, Carasti will refund you in full minus a SAR 250 administrative fee.
In case of your early termination of a Partner Agreement, you agree that Carasti will charge you an Early Termination Charge, as well as a one-time administrative fee of SAR 250.
In the event the car is returned in an excessively dirty condition where additional deep cleaning is needed there will be additional fees applied.
In the event of non payment of any dues, Carasti and Partners reserve the right to remotely immobilize the engine and force collect your vehicle. Carasti and Partners will not be liable for any personal belongings left in the vehicle.
In the event Carasti or any of its partners have to immobilize your vehicle for any reason there will be a SAR 250 charge applied to mobilize that vehicle.
The Early Termination Charges shall be calculated as follows:
In case of early termination of a FLEX subscription, there are no penalty charges. For the avoidance of doubt, you shall not be entitled to any refund corresponding to the remaining days of the Subscription Period.
In the case of early termination of a 3 or 6 month subscription a half-month penalty will apply (calculated as being 0.5x your monthly Subscription Price).
In the case of early termination of a 9 or 12 month subscription a 1-month penalty will apply (calculated as being 1x your monthly Subscription Price).
In the case of early termination of a 24 or 36 month subscription a 2-month penalty will apply (calculated as being 2x your monthly Subscription Price).
You understand and acknowledge that the Additional Fees are subject to change from time to time and may also be provided in the Confirmation. If there is any inconsistency or conflict between the Additional Fees provided for in this Clause and the Additional Fees provided for in the Confirmation, the Additional Fees provided for in the Confirmation will prevail.
For the avoidance of doubt, the Subscriber shall be liable to Carasti for any Additional Fees incurred during the Subscription Period, even if such Additional Fees are not discovered by or reported to the Partner or Carasti until after the end of the Subscription Period. You agree it is your responsibility to pay any relevant Additional Fees (such as parking fines, toll fees) relating to the Vehicle. You shall be charged separately for any Additional Fees using the debit or credit card information you supplied to Carasti for this purpose. You hereby authorize Carasti to charge your payment method on file with Carasti for such Additional Fees.
You hereby authorize Carasti to charge your credit card for any Subscription Price and Additional Fees (if applicable) as well as any other recurrent payments or amounts due as part of our Services. By accepting our Terms, you agree to authorize Carasti to charge you automatically for any subscription payment and Additional Fees (if applicable), as well as any other recurrent payments or amounts (as applicable), without the need for any additional notice or consent.
Carasti will provide you an electronic payment confirmation immediately after you successfully make a payment through the App. Carasti will also provide you with an invoice in relation to the subscription payment and any Additional Fees (if applicable) upon receipt of any such payment.
All cancellations must be made through the Carasti App. If you cancel your subscription within 12 hours of your subscription delivery slot, Carasti will refund you the full amount minus a SAR 250.00 admin fee; any termination after this 12-hour window will incur a 30% subscription charge (equivalent to 30% of your monthly rate of Subscription Price).
If you fail to return your Vehicle at the agreed handover date, you will be liable to pay 1 month’s equivalent rate of your Subscription Price.
Disclaimer of Warranties
our app, its content and services are provided on an 'as is' and 'as available' basis. you acknowledge and agree that Carasti makes no representation, guarantee or warranty (of any kind, either expressed or implied) that the information we provide through our app or services is accurate, timely, reliable, correct, free from viruses or other destructive components; or that the services will meet your requirements or expectations; or will be available at any time or location, or function in an uninterrupted, error-free, secure basis.
you acknowledge that your use of our app, its content or services is at your sole risk and you assume full responsibility and risk of loss arising from your use of information or content obtained from a partner or the services.
you acknowledge and agree that Carasti is not obliged to conduct background checks on any partners, and you are solely responsible for communications and interactions with other subscribers or users of the app or services and with other persons with whom you communicate or interact as a result of using the app and services, including but not limited to any partners.
Carasti does not commit to undertake efforts to ensure the safety of vehicles, as this responsibility remains entirely with the partners. we do not make any representations about, confirm, or endorse the safety or roadworthiness of any vehicles.
to the fullest extent provided by law, Carasti hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
you agree and acknowledge that Carasti does not warrant or guarantee that any partner is covered by commercial and/or professional liability insurance and makes no warrant or guarantee in respect to the sufficiency or amount of such commercial and/or professional liability insurance.
Limitation of Liability
Carasti shall not be liable for any failure of a Partner to perform its obligations in relation to a Partner Agreement that results in losses or damages to any party (including, for the avoidance of doubt any breakdown of any Vehicle, or any related costs, including but not limited to loss of income or loss of use, and whether directly or indirectly incurred by a Subscriber, Partner or any other party).
Carasti shall not be liable for:
any damages or losses arising in connection with your use, or inability to use, the App or Services or websites linked to it, or your violation of these Terms; or any losses not caused by Carasti’s breach of these Terms;
any direct, indirect, incidental, consequential or punitive damages, including but not limited to injury, accident, pain and suffering, emotional distress, physical or property damage, loss of revenue, loss of profits, loss of data, loss of business reputation, or otherwise that may be caused using our App or Services errors, mistakes or inaccuracies of your personal information or data stored within your Account on our App or failure to provide the Services where such failure is due to events beyond Carasti’s control (including a network failure, fire, flood, acts of war, terrorism, any law or action taken by a government or public authority, or act of God), regardless of whether such damages were foreseeable, whether or not we were advised of the possibility of such damages, and the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
You agree to release, defend, indemnify, and hold Carasti and its Group subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the App or Services or your violation of these Terms; your interaction with any Partner; booking of a Vehicle; or the use, condition, or trip, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a Booking or use of a Vehicle.
If you have a dispute with any Partner, you release Carasti from all claims, demands and damages or losses of any kind and nature, arising out of such disputes.
You agree that if you have a dispute with a Partner concerning the Partner or their Vehicle during a Booking, you will resolve it in the first instance by directly communicating with the Partner.
If a dispute cannot be resolved with the Partner directly, you may refer the dispute to Carasti or make a complaint to Carasti. Carasti is under no obligation to resolve any disputes between you and a Partner. However, Carasti may seek to resolve the dispute and may require that either you or the Partner make further payment to the other, or that either party refund payments to the other that they have received from the relevant Partner Agreement. If Carasti becomes involved in a dispute, you will provide Carasti with such information and take such actions as may be reasonably requested by Carasti in connection with any complaints, claims, charges or notices relating to the Partner Agreement or with respect to any investigation undertaken by Carasti or its representatives, its insurers or the police, regarding any insurance claims, use or abuse of the App or any other investigations.
If you are dissatisfied in any way with your subscription, you may make a complaint to Carasti at any time. Carasti will user commercially reasonable efforts to deal with your complaint in a fair and timely manner. On occasion, Carasti may appoint a third party to handle your complaint.
The provisions of this Clause 17 will survive any termination or expiration of these Terms.
Ownership of Intellectual Property
You acknowledge and agree that Carasti retains ownership of all intellectual property rights relating to the App or Services, including patents, copyrights, graphics, logos and trademarks, which may not be copied, downloaded, reproduced, used or modified without prior written consent from Carasti. All other names, logos, product and service names, designs, and slogans on the App or Services are the trademarks of their respective owners.
Several open source licenses licensed under the Apache License, Version 2.0 (the 'License') have been used in the Carasti App.
Forms of Communications
You acknowledge and agree you are contracting with us electronically as part of using Carasti’s App or Services, and we will use electronic means to communicate with you to provide you all notices and disclosures (including via email or via the App).
Additionally, you consent that we may alternatively contact you via other means including, but not limited to, written or verbal means using the contact information you provide to us in your Account.
Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia and all applicable federal laws of the Kingdom of Saudi Arabia, without reference to principles of conflict of laws. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, shall be settled in the courts of Riyadh and governed and construed in accordance with the law of the Kingdom of Saudi Arabia and all applicable federal laws of the Kingdom of Saudi Arabia, without reference to principles of conflict of laws.
Any notice or other communication given to you in connection with these Terms may be sent by email to the latest address maintained on the Carasti App or by post to such address as Carasti holds for you.
Except as otherwise agreed in these Terms and required by law, each party agrees with the other to keep confidential and not disclose (except with its employees, contracts and advisers (where relevant)) any confidential information it receives from the other party through these Terms.
Both parties agree that these Terms are fair and reasonable in all circumstances. However, if any part of these terms is disallowed or found to be ineffective by a court or regulator, the other provisions shall continue to apply.
If either party does not take action against another party, the party who chose not to take action is still entitled to use it rights and remedies in any other situation when these Terms are breached.
The headings herein are for reference only and do not define, limit, construe, or describe the scope or extent of the section.
You may not assign or delegate these Terms without the prior written consent of Carasti. Any purported assignment in violation with this sub-clause 22.6 shall be null and void.
Offers, Vouchers & Competition Terms & Conditions
All discounts, vouchers or codes only apply to first bookings for new customers of Carasti unless otherwise stated.
New customers are only permitted to use one discount voucher or code when placing their first Booking only. Subsequent Bookings will then not be eligible for any new customer discounts, vouchers or codes.
A new customer is defined as someone who registers, makes a Vehicle Booking and enters the discount or voucher code specified on the advert, coupon or leaflet, at checkout during their booking procedure.
A minimum spending amount or Subscription Period may be applicable in the Booking to validate and use any discount, voucher or code.
Unless otherwise stated, all discounts, vouchers or codes must be redeemed within one calendar month.
Only one discount, voucher or code can be redeemed per Booking and each discount, voucher or code can only be used once per person.
All promotional validity dates are specified on the adverts, coupons or leaflets, please refer to the summary terms on these pieces of artwork for exact and further information specific to that promotion and its promotional period.
Any discounts, vouchers or codes cannot be used in conjunction with any other Carasti offer.
Discounts, vouchers or codes cannot be exchanged for cash or any other alternatives and have no monetary value.
Cancelled Bookings will invalidate the use of that code on an Account. If this is a new customer discount or code, new customers will then not be eligible for any subsequent new customer discounts, vouchers or codes
All discounts, vouchers and codes can only be used on one Booking, any remaining credit from that discount, voucher or code cannot be carried forward to any additional or subsequent Bookings.
Discounts, vouchers or codes may be provided on a customer service basis and will be applied to the customer’s Account in the form of credit, which has to be used in one Booking.
Any attempt to manipulate the system and use of discounts, vouchers or codes by use of bulk entry via third parties or syndicates, macros, ‘script’, ‘brute force’, masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the Booking and use of that discount, voucher or code invalid and may potentially lead to that Account being closed down.
If for any reason a discount, voucher or code becomes invalid due to technical failures or any other causes beyond the control of the Carasti, or a Vehicle becomes unavailable, Carasti reserves the right (subject to any written directions given under applicable law) to cancel, suspend or modify the campaign that is related to that discount, voucher or code and not re-issue any additional discounts, vouchers or codes to affected customers.
Carasti reserves the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid redemptions including, without limitation, to require further verification as to the identity, age, and other relevant details of a customer.
By redeeming the discount, voucher or code, customers agree to release Carasti from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the campaign or with the acceptance or possession of any Booking.
All Vehicle listings and offers are subject to availability.
You must be 18+ to compete in any social media competition and only you, the winner of the competition, can redeem the prize, it is not transferable.
We acknowledge that you have read and understood these Terms. Nevertheless, please feel free to direct any questions about these Terms, complaints or comments regarding our Services to [email protected] or through our in app live chat.
We’ll be more than happy to help!