Terms and Conditions
Last updated: 30th August 2024
The Online Car Company Limited (Company registration No. 0105565026023), a company incorporated in Thailand and having its registered office at 111 True Digital Park West, 5th Floor Unicorn Building, Sukhumvit 101/1, Bangchak Prakanong, Bangkok 10110 and its officers or directors, employees, agents and assignees (referred to herein as “Carasti”, “we”, “us”, “our” or “the Company”), provides a mobile application and associated Services connecting our Carasti registered subscribers (“Subscriber”, “you”, “your”) with our Partners who each provide their inventory of car fleets to be available for subscription to you via our Carasti App or website or website. Carasti maintains the website address: www.carasti.com.
THE TERMS & CONDITIONS ('CARASTI 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.
Definitions
Account means a digital account that a Subscriber or a Partner registers to Carasti in order to access our Services.
Additional Fees means any fees that are incurred as a result of the Subscriber using a Vehicle during the Subscription Period, including but not limited to, charges for fuel, tolls, Excess Km, traffic violations, 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 damages (including dents, scratches), as well as any reasonably incurred, foreseeable losses/charges resulting from the breach of these Carasti 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 inter-alia connect our Subscribers with our Partners.
Booking 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 subscription of the Vehicle and a copy of these Carasti Terms agreed by you.
Booking means a booking by a Subscriber to use of the Services pursuant to the Carasti App or website or website to rent or lease Vehicles pursuant to these Carasti Terms and any Partner Agreement.
Early Termination means in the event that the Partner Agreement is ended earlier than the end date of the Subscription Period as a result of either Carasti or the Subscriber giving notification of such early termination.
Early Termination Charge means an additional charge incurred by the Subscriber applicable in the event of an Early Termination, as defined in Clause 12 herein.
Excess Km means any kilometres driven by you at the end of your Subscription Period, or at a time earlier in the event of an Early Termination, which is in excess of the aggregate amount of kilometres that are permitted to have been driven by that time, based upon your agreed monthly Km allowance stated in your Booking Confirmation. Group means the Company, any subsidiary or any holding company from time to time of the Company.
Km Allowance means the base number of kilometres that you are permitted to drive the Vehicle each month during your Subscription Period, which are included in your Subscription Price and you accept at the time of making a Booking (via the Carasti App or website or website), as confirmed in your Booking Confirmation.
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 the Carasti App or website. 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. For avoidance of doubt, Carasti Car Rental LLC is a Partner of Carasti for the purposes of renting vehicles pursuant to a separate Rental Agreement.
Services means any product and/or services, including but not limited to, online and/or offline services (including the Carasti App or website, our website and associated technology) provided by Carasti to the Subscriber.
Subscriber means a user, whether person, company or organization who is registered as a Carasti Subscriber who uses our Services.
Partner Agreement means a written, binding agreement between a Subscriber and Partner where a Subscriber subscribes to a Vehicle for the Subscription Period. A Partner Agreement may also be referred to as a `Rental Agreement` or `Lease Agreement`.
Start Fee means the fee payable upon making a Booking to cover the administrative costs associated to securing a Vehicle with a Partner, including the process of registering and insuring the Vehicle.
Subscription Period means the agreed period of rental of the Vehicle under the relevant Partner Agreement, subject to any Early Termination applicable.
Subscription Price means the price payable by the Subscriber for the Vehicle pursuant to a Booking set out in the relevant Partner Agreement, which is selected by and agreed with the Subscriber via the Carasti App or website or website. In the event the corresponding price on the Carasti App or website or website at the time of Booking is inconsistent with the price set out in the relevant Partner Agreement, the price on the Carasti App or website or website at the time of the Booking shall prevail.
Vehicle means a car or other vehicle of a Partner pursuant to a Booking, and that includes all its parts, tools, fittings, components (whether mechanical or otherwise) and registration documents (including owner’s manual).
Website means website owned and operated by Carasti and located at https://www.carasti.com and all content and services provided by Carasti at or through the Website. Further, the term, `Website` also refers to all Carasti-owned subdomains of carasti.com.
Your Acceptance of these Carasti Terms
These Carasti 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 the Carasti Terms. The Carasti Terms apply at any time when you use the Carasti App or website, Website 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 CARASTI TERMS, YOU MAY NOT USE OUR SERVICES.
You acknowledge that Carasti does not own, sell or re-sell any Vehicles and you agree that the Partner is 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.
You will comply with these Carasti 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.
Modifications
You agree that Carasti reserves the right to amend these Carasti Terms and/or the form of the Partner Agreement from time to time. If Carasti amends the Carasti Terms by posting the revised Carasti Terms on the Carasti App or website and Website, these amended Carasti Terms will take effect 7 days following being posted. For the avoidance of doubt, any Partner Agreement already existing between you and a Partner will not be affected by such changes to the form of the Partner Agreement. Your continued use of the Carasti App or website shall indicate your agreement to be bound by the amended Carasti Terms and/or acceptance of the new forms. These Carasti Terms are also subject to change in accordance with any changes in the laws of the United Arab Emirates.
Your Registration with Carasti
In order to register to use our Services, please download the Carasti App or website 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 Carasti App or website, 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 register to use our Services, please download the Carasti App or website 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 Carasti App or website, 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 Carasti App or website 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 copy of your driver’s license, passport, VISA, Work Permit and Thai ID Card. 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. As part of the Booking process, we might request from you information to help us verify your financial creditworthiness prior to completing your booking, including but not limited to bank statements, payslips or salary certificates; and we reserve the right to refuse or cancel a Booking should you not meet our internal credit assessment requirements. Carasti may accept or reject your Booking to become a Subscriber in its sole and absolute discretion.
In order to make a Booking using the Carasti App or website 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 copy of your driver’s license, passport, VISA, Work Permit and Thai ID Card. 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. As part of the Booking process, we might request from you information to help us verify your financial creditworthiness prior to completing your booking, including but not limited to bank statements, payslips or salary certificates; and we reserve the right to refuse or cancel a Booking should you not meet our internal credit assessment requirements. Carasti may accept or reject your Booking to become a Subscriber in its sole and absolute discretion.
Driver Qualifications
You warrant and undertake that the Vehicle will be driven by qualified drivers holding a valid Thailand driving license. You are required to provide the Carasti and the Partner with the name of its authorized current Drivers who will be driving the Vehicle together with a copy of their current Thailand driving license and Thailand ID card to Carasti and the Partner at the time of Booking and the time of executing the Partner Agreement. In case if the driver is not a resident of the Thailand, the driver must have a valid international driving license from his/her home country supported by the original home country licence. Further, in such cases, the driver must provide his/her passport copy and visa copy.
The driver(s) of the Vehicle is/are between 25 years of age and less than 65 years of age and hold at least a 6 months old valid driving license or a 2 years old international driving license if on a visit visa unless otherwise approved in writing by Carasti or the Partner.
In the event the driver(s) of the Vehicle are under 25 years or over 65 years of age, and prior written consent is obtained from Carasti and the Partner is obtained to be able to drive, 10% of the repair cost will be charged in addition to the ’Excess Insurance Charge’ where applicable as defined in Clause 4 above.
Using the Carasti App or website & the Services
When you use the Services, we are providing you with the means to enter into a Partner Agreement directly with a Partner(s). 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. Once you have selected your chosen Vehicle through the Carasti App or website or website 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. You will enter into a Partner Agreement with the Partner by signing in writing or electronically to agree to their rental terms of the Booking.
You agree to subscribe to the Vehicle as per the details and particulars stated as part of the Partner Agreement. The relevant Subscription Period and the Subscription Price will be detailed in the Partner Agreement and shown in the Booking 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 or website 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 Carasti App or website, 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.
Carasti is not a party to any third-party Partner Agreements, which are binding agreements between you, as the Subscriber, and the Partner. Carasti shall have no liability under any Partner Agreement with such third-party Partners. 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.
The Vehicles shall be registered and licensed by the Partner at the Partner’s expense in accordance with applicable laws and regulations. If the Vehicles registration is required to be renewed during the Subscription Period, the Partner shall notify the Subscriber, no less than seven 7 days before the expiration of the registration, to return the Vehicle for completion of registration formalities. Any liability, fines and/or penalties imposed on the Partner on account of the Subscriber for failure to return the Vehicle in time for registration purposes, shall be borne solely by the Subscriber. During the time within the Subscription Period that the Vehicle is with the Partner for registration renewal purposes, the Subscriber shall be entitled to the use of a replacement vehicle. Upon completion of the registration formalities, the Partner shall return the Vehicle to the Subscriber and collect the replacement vehicle.
Payments
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 fees 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 Additional Fees and charge within 48 hours unless otherwise agreed between you and Carasti.
All online payments are also governed by the terms and conditions of the respective payment processing merchant service provider. Please review the respective merchant service provider’s terms and conditions and privacy policy before entering any transaction.
Carasti accepts payments by credit card, debit card and bank transfer, including without limitation, VISA and Master card. Payments will only be accepted in the currency of THB (THB, being the official currency in Thailand).
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 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.
You, as the cardholder, must retain a copy of transaction records and relevant policies and rules of the merchant.
You shall pay the Subscription Price for the Vehicle, Start Fee, any Additional Fees, and other costs, charges, expenses and fees in accordance with the Carasti Terms, which shall be made using the Carasti App or website. The Subscription Price shall be payable monthly in advance.
If you fail to fulfill your payment obligations under the Partner Agreement and/or these Terms, Carasti will charge you a 10% service charge and a late payment interest of four (4)% per month on the outstanding amount for every month that it remains outstanding, If you fail to make full payment of the relevant payments to be made under these Terms and/or the Partner Agreement, you agree and acknowledges that Carasti and the Partner shall be entitled to collect the Vehicle , terminate your Partner Agreement, and initiate legal proceedings to recover all unpaid amounts including interest, damages, costs, expenses, and fees imposed by Carasti and/or the Partner, and any charges including Early Termination and associated court fees. Under such circumstances, you shall not be permitted to make any new Bookings with us, and your account and details shall be blacklisted with us
Your Obligations
You agree to observe and act in accordance with these Carasti Terms. During Bookings, you must at all times abide by the Carasti 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 prohibitive uses on what the Vehicle can be used for and who can use the Vehicle). Your responsibilities relating to the Vehicle, the Partner and Carasti are also set out in the relevant Partner Agreement.
You agree that you are eligible to use our Carasti App or website 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 Carasti App or website 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 Booking 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 Carasti App or website.
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 Booking 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 Carasti 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. Any violation of this sub-clause constitutes an immediate breach of these Carasti Terms, resulting in your Partner Agreement being terminated and the Vehicle repossessed.
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 is clean and free of any damage, blemishes, stains, marks, etc. In case the Vehicle is not in such a fit condition, the Subscriber may be liable to pay for repairs to the Vehicle as per the estimate given by the Partner.
If your vehicle is collected without you being present meaning you are not able to sign a check-in form, you accept full liability for any damages noted by the Partner. This also applies in the case of deliveries where you are not present to receive the Vehicle.
Prohibited Uses of our Services
You may use the Carasti App or website or the Services only in accordance with these Carasti Terms. You agree not to use the Carasti App or website 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 Carasti App or website or the Services, including by:
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 AED 500 if Carasti believes you violated this sub-clause.
Allow drivers other than any person officially added as an additional driver to the Booking to drive the vehicles.
Further, you agree that the Vehicle will not be:
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:
In the event of any damage to the Vehicle, whether it is your fault or not, you shall:
In the event of theft of the Vehicle, you should:
In the event that 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 or warning indication. The Partner shall endeavour 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 Clause 8. 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 8.
Insurance
The Vehicles come with a comprehensive insurance policy (the “Policy”) for the Vehicle(s) covering the Territory.
You will be responsible for payment of the ‘Excess Insurance Charge’ in respect of any insurance claim relating to damage to the Vehicle as determined by the Partner and/or the applicable insurance company. In the event that you provide an accident report from the applicable authorities clearly indicating that the known third-party was at fault for the occurrence which led to the insurance claim, the ‘Excess Insurance Charge’ may be waived at the sole and absolute discretion of the Partner and/or the applicable insurance company. The insurance company and/or the Partner shall invoice you for such damage related charges and expenses owed by you in case of any insurance claim.
If you opt to purchase ‘CDW’ (Collision Damage Waiver) insurance, the excess may be reduced to zero in certain situations. For further information, please contact Carasti and review the separate CDW terms.
Both in the case of any sort of accident to the Vehicle, or in the eventuality of its total loss, a police report from the applicable authorities for the insurance claim must be obtained. You agree and acknowledges that it is your sole responsibility to obtain such a police report, failing which all costs and expenses arising from such damages shall be your sole responsibility, which may include the cost of replacing such Vehicle, as may be determined by Carasti or the Partner, in their sole and absolute discretion.
If a police report has been obtained by you in accordance with this Clause 10, then Carasti or the Partner, if applicable, shall provide you with a replacement vehicle, the make and model of which shall be decided by it at its discretion. Upon completion of repair to the Vehicle(s) and its return to you, you shall return the replacement vehicle to the Partner, if directed.
The insurance cover provided by the Policy for the Vehicle shall not be applicable in the following cases:
Partner Servicing & Maintenance
The Partner will provide full maintenance, repairs and servicing of the Vehicle, in line with the specified service of the manufacturer schedule provided to you with the Vehicle. Should you fail to make the Vehicle available for servicing, you shall be fully responsible for any resultant damage or loss suffered by the Vehicle. No replacement vehicle will be provided in such cases while the vehicle is being repaired. Further, you shall indemnify, on demand, the Indemnified Parties for any breach of this provision.
The tires on the Vehicle will be replaced by the Partner, as necessary in its sole and absolute discretion, on account of normal usage, subject to a maximum of one replacement set of tires every 60,000kms of driving distance, if required. Tire replacement necessary due to your negligence will be at you sole expense.
Any costs for maintenance/repairs/servicing of the Vehicle, which are attributable to your negligence, as determined by Carasti, or any Partner, in their sole and absolute discretion, shall be borne by you.
It is your responsibility to ensure that oil, water, other fluid levels and tire pressures of the Vehicle are regularly checked and kept at the levels specified in the service schedule. Failure to carry out these checks could result in damage to the Vehicle, in which case you will be responsible for all repair costs incurred. Further, you shall indemnify, on demand, the Indemnified Parties for any breach of this provision.
You are expressly forbidden from carrying or permitting any person to carry out any repairs on the Vehicle or any replacement vehicle without the express prior written consent of the Partner. You shall be liable to compensate the Partner in full for any damages that result as a result of any breach of this provision and shall be responsible for the cost of remedying any damage or reversing any adjustments or modifications that were not authorized.
You shall notify the Partner of all emergency road repairs to the Vehicle promptly.
Renewal
Unless in the event of an Early Termination, a Partner Agreement shall be deemed to be renewed automatically on the same terms and conditions upon the expiry date of the Subscription Period and shall subsist till terminated by either party.
Title
Title to the Vehicle(s) shall remain with the Carasti or Partner, as applicable, at all times. You undertakes to keep the Vehicle(s) free of and clear from all liens, encumbrances, attachments and other judicial processes from every cause whatsoever. Further, you shall indemnify, on demand, the Indemnified Parties for any breach of this provision.
Telematics
You acknowledge and agree that Carasti or the Partner may install a telematics solution into the Vehicles at Carasti’s or the Partner’s own cost, which allows Carasti, or the Partner, to use GPS technology to collect information on the Vehicle (including but not limited to mileage travelled, fuel level and braking data), in addition to allowing Carasti or the Partner to remotely lock or unlock, immobilise or re-mobilise the Vehicle, if deemed necessary. You consent to Carasti collecting such information as desacribed in this Clause 14.
Termination
Carasti may terminate your access to the Services or Carasti App or website 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 make any of the payments required to be made by it under the Partner Agreement, your breach of these Carasti Terms, your vehicle insurance becoming invalid, 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.
Notwithstanding the foregoing, the Partner Agreement may be terminated by either party at any time, if the other party becomes insolvent, is subject to a petition in bankruptcy filed by or against it or is placed under the control of a receiver or liquidator or a committee of its creditors, or applies for or is the subject of winding up proceedings.
If you do not comply with these Carasti 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, and any Bookings associated with these Accounts.
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 your Partner Agreement.
In the event of termination, these Carasti 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 Carasti 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 and you may be liable to pay 1 (one) month’s amount of the Subscription Price.
Your car will undergo a final inspection upon return to the depot after our drivers pick it up, if any damages are found at this point we will inform and invoice you accordingly.
You may request that your Account be deleted by notice in writing to Carasti at any time, but you agree to honour any outstanding Bookings and obligations under a Partner Agreement in effect at the time of termination, including settlement of any outstanding charges.
Upon returning the Vehicle to the Partner, you will be liable to pay all outstanding payments of the Subscription, Additional Fees, and all other charges, expenses and fees.
Termination of your Account will not affect the right of Carasti to recover any amounts owed by you pursuant to these Carasti Terms. We reserve the right to submit a legal claim against you to recover any outstanding amounts.
Carasti and the Partner shall have the right to terminate the Agreement if the Vehicle is declared as a total loss (including but not limited to theft).
All provisions contained within these Carasti Terms, which should survive after termination of these Carasti Terms shall survive after termination, which includes, but is not limited to, disclaimers of warranties, indemnities and limitations of liability.
In the event of an Early Termination of a Partner Agreement, you agree that Carasti will charge you the reminder of the Subscription Fee’s calculated based upon the relevant Subscription Period
Deposit & Security
For a new or used car, we shall charge a refundable deposit in the amount equal to 1 month’s Subscription Price of the Vehicle.
For a new or used car, we shall charge a refundable deposit in the amount equal to 1 month’s Subscription Price of the Vehicle.
Your refundable deposit shall be held on your account to be used towards paying for any final outstanding invoices, including for rental charges, tolls, fines, damages or any other Additional Fees linked to your account at the end of your subscription. We will initiate the refund the deposit, less any amount for outstanding invoices, to your registered card after 30 days of you returning the Vehicle. For avoidance of doubt, you will settle any Additional Fees linked to your account along with the Subscription Price at your monthly billing date during your Subscription Period.
Additional Charges
You shall be responsible for all offences and violations, including but not limited to traffic and parking violations, involving the Vehicle.
You acknowledge and agree to maintaining within your agreed allowance of kilometres for the Vehicle to be driven, and you accept you shall be charged for any Excess Km at the end of your Subscription Period, or at a time earlier in the event of an Early Termination, which is in excess of the aggregate amount of kilometres that may have been driven by that time. Such computation for Excess Km will be based on your monthly Km Allowance and the cost of each excess Km driven shall be stated in your Booking Confirmation.
For any damage repairs charges, fuel charges, electric charging fees, traffic offences and/or parking fine, a 12.5% administrative fee of Carasti shall apply on top of these costs.
For any daily or weekly subscription extensions following the completion of your first full month of the Subscription Period, the rate shall be calculated at the monthly pro-rata amount, plus a 25% surcharge;
In case of a Booking received without valid documentation or a cancellation before delivery for any reason, Carasti will refund you the full amount paid at the time of Booking, less a AED 250 administrative fee
In the event that the Vehicle is returned in a condition deemed to be by the Partner as excessively dirty, where deep cleaning is needed, there will be additional fees applied based on the condition of the Vehicle.
In case of a Booking received without valid documentation or a cancellation before delivery for any reason, Carasti will refund you the full amount paid at the time of Booking, less a THB 500 administrative fee
You understand and acknowledge that Additional Fees are subject to change from time to time and may also be provided in the Booking Confirmation. If there is any inconsistency or conflict between the Additional Fees provided for in this Clause 17 and the Additional Fees provided for in the Booking Confirmation, the Additional Fees provided for in the Booking Confirmation will prevail.
For the avoidance of doubt, the Subscriber shall be liable to pay 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 relating to the Vehicle during your Subscription Period. You shall be charged separately for any Additional Fees using the debit or credit card information you registered with Carasti and you hereby authorize Carasti to charge your payment method for such Additional Fees.
You hereby authorize Carasti to automatically 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, without the need for any additional notice or consent.
Carasti will provide you with an invoice in relation to the Subscription Price and any Additional Fees (if applicable). Carasti will provide you an electronic payment confirmation immediately after you successfully make a payment through the Carasti App or website and receipt of payment.
All cancellations must be made through the Carasti App or website.
Immobilisation of Vehicles
In the event of non-payment of any dues, Carasti and Partners reserve the right to immobilize and collect your Vehicle. In the event that the Vehicle is immobilised, you agree to cooperate with us where a Vehicle is requested to be collected, if applicable.
In the event that Carasti or the Partner agrees to re-mobilise the Vehicle, you will be charged a THB 2,000 administrative fee for conducting the re-mobilisation process.
Carasti and its Partners will not be liable for any personal belongings left in the Vehicle at the time it is collected.
Disclaimer of Warranties
The Carasti App or website, 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 the Carasti App or website 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 the Carasti App or website, 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 Carasti App or website or services and with other persons with whom you communicate or interact as a result of using the Carasti App or website 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 Carasti App or website or Services or websites linked to it, or your violation of these Carasti Terms; or any losses not caused by Carasti’s breach of these Carasti 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 the Carasti App or website or Services errors, mistakes or inaccuracies of your personal information or data stored within your Account on the Carasti App or website 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.
any cause of action or claim you may have arising out of or relating to these Carasti Terms of use or the Carasti App or website or services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred. Our sole and maximum liability for any reason and your sole and exclusive remedy for any cause whatsoever shall be limited to the actual amount paid by you for the products and services you order through the Carasti App/website, or THB 20,000 whichever is less
Indemnification
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 Carasti App or website or Services or your violation of these Carasti 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.
Resolving 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 Carasti App or website or any other investigations.
If you are dissatisfied in any way with the Services, 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 22 will survive any termination or expiration of these Carasti Terms.
Ownership of Intellectual Property
You acknowledge and agree that Carasti retains ownership of all intellectual property rights relating to the Carasti App or website 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 Carasti App or website or Services are the trademarks of their respective owners.
Several open-source licenses licensed under the Apache License, Version 2.0 have been used in the Carasti App or website.
Forms of Communications
You acknowledge and agree you are contracting with us electronically as part of using the Carasti App or website 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 Carasti App or website).
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.
Privacy Policy
Any information, including personal identification information or banking information, you provide to us for the purposes of using the Carasti App or website or Services shall be governed by our Privacy Policy and subject to clause 26 herein. You also agree that we may share your personal data with our Partners for the purpose of us facilitating our Services to you.
Subscriber’s consents
The Subscriber consents to Carasti collecting, storing, and using personal data under the Rental Agreement, including: full name, telephone number, e-mail address, residential address, passport details such as number, issue and expiry dates, issuing body, date of birth, gender and other details specified in the Subscriber’s personal identification document (referred to as the Personal Data).
The Subscriber agrees to the Lessor disclosing their Personal Data to their partner company, Cardoo Cyprus Ltd, registry code HE434654, Sotiri Michailidi & 28 Oktovriou, LOPHITIS INTERNATIONAL CENTRE, 7th floor, 3035 Limassol, Cyprus, email: [email protected], and other third parties for the following purposes (referred to as the Partner):
To act as a guarantor for the Subscriber’s liabilities in favor of the Lessor
To ensure fast onboarding of the rental service through automatic completion of car booking forms and rental agreements;
To create the Subscriber’s trustworthiness profile as a lessee and driver for the purpose of issuing the Subscriber’s rating and to help rental companies, including the Lessor, to offer the best car rental offers;
To arrange for the subsequent transfer of the Personal Data to a collection agent, either directly or via the Partner, in case the Subscriber does not make the payments due under the Rental Agreement;
To transfer to a credit reference agency details on the Subscriber’s payment discipline with respect to the Rental Agreement.
The Subscriber agrees to The Lessor exchanging the Personal Data with the Partner in accordance with the data protection agreement concluded with it in compliance with the European Union’s Regulation 2016/679 and Directive 2016/680 (hereinafter referred to as the GDPR).
If the Partner stops acting as a guarantor, the Lessor and Partner will remove or destroy the Subscriber’s Personal Data, either if the Subscriber rejects the Partner acting as per clauses 2.2.-2.3. of these consents, or, for any reason, the Subscriber requests removal of their Personal Data directly from the Lessor and/or the Partner.
Should the Lessor for any reason delete or destroy the Personal Data before or without the Subscriber’s request, the Subscriber gives his/her consent to the Partner acting as the data controller as per the GDPR to store, process, delete and disclose the Personal Data to third parties for the purposes specified in clauses 2.1.-2.5.
Carasti undertakes to adopt all necessary organizational and technical measures to protect Subscriber’s confidential information and Personal Data from unauthorized and accidental access, destruction, modification, blocking, copying, as well as from other illegal actions.
Carasti shall not disseminate confidential information and Personal Data without Subscriber's consent or other legal basis.
The Subscriber agrees that if he/she fails to pay any additional expenses arisen as the result of the Subscriber’s use of the property (vehicle etc.) as per the Rental Agreement, the Subscriber shall pay a fine for the outstanding debt amounting (i) to 20% if the debt is not paid in full between the 10th and 20th day after the Partner’s notice was sent to the Subscriber’s contact details specified in the Rental Agreement, (ii) to additional 30% if the debt is not paid in full between the 21st and the 30th day accordingly and (iii) to additional 50% if the debt exceeds 30 days accordingly.
Governing Law and Jurisdiction
These Carasti Terms are governed by the laws and regulations of Thailand.
Subject to Clause 25.3 below, any dispute, difference, controversy or claim arising out of or in connection with these Carasti Terms, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies shall be finally resolved by arbitration administered by the Thailand Arbitration Centre (`THAC`) in accordance with the Arbitration Rules of the THAC for the time being in force, which rules are deemed to be incorporated by reference in this Clause 25 The seat of the arbitration shall be in Thailand
Notwithstanding the above, Carasti has the right and option to bring any Claim in a competent court in any jurisdiction including but not limited to the Courts of Thalland.
General
Any notice or other communication given to you in connection with these Carasti Terms may be sent by email to the latest address maintained on the Carasti App or website or by post to such address as Carasti holds for you.
Except as otherwise agreed in these Carasti 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 Carasti Terms are fair and reasonable in all circumstances. However, if any part of these Carasti 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 Carasti 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 Carasti Terms without the prior written consent of Carasti. Any purported assignment in violation with this sub-clause 26.6 shall be null and void.
Offers, Vouchers & Competition Terms & Conditions
All discounts, vouchers or codes only apply to initial Bookings for 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 Booking and enters the discount or voucher code specified on the advert, coupon or leaflet, at checkout during their Booking process.
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. Where there is a new customer discount or code, new customers shall 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 Booking(s).
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 the Booking being cancelled and your Account terminated.
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 the winner of the competition can redeem the prize, therefore it is not transferable to any other party.
For information on how we store customer data, please visit www.carasti.com/privacy for our privacy policy.
SHARE Loyalty Program
The share partnership allows Carasti customers who connect their SHARE app prior to making a booking the ability to earn SHARE cash back points as outlined below:
First month is defined as the first ever booking made once connecting your share account.
Subsequent months is defined as any month following your first month booking including any new bookings.
Please note that SHARE points can’t be allocated after your booking has been made. You have to link your SHARE & Carasti accounts prior to booking to earn the reward.
Term
First month cashback
Subsequent month cashback
FLEX 4% 1% 3 Months 5% 2% 6 Months 6% 3% 12 Months 8% 4% 24 Months 15% 4%
Contact Us
We acknowledge that you have read and understood these Carasti Terms. Nevertheless, please feel free to direct any questions about these Carasti Terms, complaints or comments regarding our Services to [email protected] or through the Carasti App or website live chat. We’re more than happy to help!