Otto Mobility DMCC, a Free Zone limited liability company registered in the Dubai Multi Commodities Centre, Dubai, UAE, with Company License number DMCC-867112 and VAT Registration Number XXXXXXXXXXX and its registered office situated at Unit No: 06-142, Level 5, One JLT, Jumeirah Lakes Towers, Dubai, and/or its affiliates, officers or directors, Group subsidiaries, employees, agents and assignees (referred to herein as “Otto”, “we”, “us”, “our” or “the Company”), provides an App and associated Services connecting our Otto registered subscribers (“Subscriber”, “you”, “your”) with our Partners who each provide their inventory of vehicles to be available for subscription to you via our App or web platform.
The Terms & Conditions (“Conditions”) herein govern your use of, and access to, Otto’s Services and contain conditions, limitations, and exclusions that might apply to you. Please read and review them carefully and keep them safe (also available for review on our App and Web Platform) for your future reference, as they contain important information regarding your legal rights, remedies, and obligations.
1. Key Definitions
“Account” means a digital account that a Subscriber registers via the Mobile Application in order to access Otto’s 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, salik, excess mileage, traffic violations, court costs, congestions charges, speeding or any other driving related offense, fixed daily penalty charges, any costs or charges relating to repossession of the Vehicle (including third party agent and transportation costs), 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 breach of Otto’s terms or Partner Agreement by the Subscriber.
“Agent” means Otto in its role of connecting the Partner with subscribers for the provision of Vehicle’s on behalf of the Partner and acting as a booking facilitator and payment collection agent for the collection of payments from Subscribers for the Subscription Price on behalf of the Partner. Otto acts as the Disclosed Agent for the Partner, where the Partner is acting as the Principal.
“App” means a digital mobile or website application provided by Otto to connect our Subscribers and Partners.
“Booking” means a booking by a Subscriber to use a particular Vehicle under a Partner Agreement for a specified period of time, submitted and managed via the Mobile Application and received via the Partner Portal.
“Conditions” means the conditions of use outlined within this document governing the use of the Otto App and its connected services.
“Confirmation” means any electronic or written confirmation issued to the Subscriber by Otto on behalf of the Partner, once a Subscriber has made a booking, which shall confirm all of the relevant details related to the Vehicle Subscription.
“Effective Date” means the first date on which the Partner’s Vehicle(s) becomes available for Subscription via Otto’s App.
“Group” means the Company, Subsidiary or Holding company at any time attributed to Otto.
“Partner” means a person, company, or organization (including a car rental or a car leasing company) who registers with Otto to make Vehicles available for Subscription via the Otto 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 vehicles to the Subscriber and who will enter into a Partner Agreement with the Subscriber.
“Fleet Panel Application” means the digital mobile or website application enabling our Fleet Partners to create an Account with Otto for the purpose of registering and contributing their fleet of Vehicles for use by Otto’s Subscribers via the Otto App.
“Services” means any product and/or services made available through or by Otto, including but not limited to, online and/or offline services (including the App and associated technology), provided by Otto enabling a. Subscriber to enter into Partner Agreements with the various Partner for use of their Vehicles.
“Subscriber” means a user, whether person, company, or organization, that has visited the App, or is using the App, or is registered as an Otto subscriber who subscribes to use a Vehicle(s) with the Partner.
“Partner Agreement” means a written, binding agreement between a Subscriber and the Partner where a Subscriber subscribes to the Partner’s Vehicle for the a given Subscription Period. Partner Agreements may also be referred to as “Rental Agreements or “Lease Agreements” which the Partner is responsible for preparing and signing with the Subscriber upon delivery of the Vehicle to the Subscriber and contains the Partner’s own terms and conditions with the Subscriber, which the Subscriber shall be legally bound by upon signing. Otto shall not be party to the Partner Agreement.
“Subscription Period” means the period of subscription under the relevant Partner Agreement.
“Subscription Price” means the price for the Vehicle Subscription as set out in the relevant Partner Agreement and detailed in the Annex of this Agreement, which is selected by and agreed with the Subscriber via the Otto 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), registration documents and owner’s manual.
2. Your Acceptance of These Conditions
These Conditions apply to all Services provided or arranged by Otto to you as the recipient of the Services. By registering an Account with Otto as a Subscriber you agree to comply with and be legally bound by these Conditions. These Conditions 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 Otto. If you do not agree to these conditions, you may not use our services.
You acknowledge that Otto 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 Conditions defined in the Partner Agreement, such that Otto 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 Otto.
You will comply with these Conditions 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.
3. Modifications
You agree that Otto reserves the right to amend these Conditions and/or the form of the Partner Agreement from time to time. If Otto amends the Conditions and/or the form of the Partner Agreement by posting the revised Conditions on the App, these amended Conditions 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 our 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 Conditions and/or acceptance of the new forms. These Conditions are also subject to change in accordance with any changes in the laws of the United Arab Emirates.
4. Your Registration with Otto
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. You agree that Otto 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 upload images of your driver’s license, Passport and National ID. You must have a full current valid driver’s license that has no convictions deemed unacceptable to Otto 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, Otto 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. Otto does not endorse any Subscriber, or a Subscriber’s background, or commit to undertake any specific screening process. Otto 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 Otto to request, receive, use, and store such information. Otto may accept or reject your application to become a Subscriber in its sole and absolute discretion.
5. Using our App and/or Services
When you use the Services, we are providing you with the means to enter into Partner Agreements directly with our 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 our Partner. 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 Upcoming Subscription section in the App.
Otto 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 any time during an active Subscription. All Subscription Period extensions will take effect at the end of the original Subscription Period end date. The Subscriber agrees that extensions shall only be made effective via the Otto 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 Otto discovers a Subscriber has circumvented Otto 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 deemed necessary by the Partner.
Standard Insurance coverage for the Vehicle throughout the Subscription Period is included within the Subscription Price, as agreed between Otto and the Partner. Additional Insurance to reduce the deductible amount to zero can be purchased via the Otto App.
Otto is not a party to Partner Agreements, which are binding agreements between you, as the Subscriber, and the Partner. Otto shall have no liability under any Partner Agreement. Without limiting the foregoing, Otto shall not be liable to you for any breach of any obligations relating to your subscription to, condition of, or use of the Vehicle. Otto simply facilitates the payment for your use of the Vehicle provided by the Partner.
6. Payments
You agree to appoint Otto as your payment collection agent to collect all payments relating to Partner Agreements on your behalf. You authorize Otto to advise Partners that Otto 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 Otto.
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 in any transaction.
Otto accepts payments by credit card and debit card, including without limitation, VISA and Mastercard. Payments will only be accepted in the currency of AED (AED, being the official currency in the United Arab Emirates).
You will receive a payment confirmation via email within 12 hours of Otto’s receipt of your payment. Any refunds shall be made to the original payment method used by you at the time of making the Booking. Please allow up to 5 working days for the refund transfer to be completed.
If you fail to fulfil your payment obligations under the Partner Agreement, Otto will charge you a 10% service charge on the outstanding amount and a 50 AED 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 Otto of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Otto cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements
7. Your Obligations
You agree to observe and act in accordance with these Conditions. 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 Otto 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 21 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 Otto 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. Otto 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 help@weareotto.com.
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 Otto 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. Otto 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 Otto 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 forced collections where You are not present to collect the vehicle.
8. 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 Otto or software associated with our Services.
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 Otto 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, Otto’s name, any Otto trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without Otto’s express written consent.
accessing, tampering with, or using non-public areas of the Services, Otto’s computer systems, or the technical delivery systems of Otto’s providers; attempting to probe, scan, or test the vulnerability of any of Otto’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 Otto or any of Otto’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.
endeavour 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.
Further, you agree that the Vehicle will not be:
sub-let or used for conveying passengers or goods for hire or reward
driven through waterlogged streets and areas.
used in violation of any traffic, customs, or other regulations.
You agree that the Vehicle will not be driven outside of United Arab Emirates, unless agreed first in writing with the Partner and Otto.
9. Accident, Damage & Theft
In the event of an accident (or another 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 Otto’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 Otto.
In the event of any damage to the Vehicle, whether it is your fault or not, you shall:
Provide all reasonable cooperation with Otto 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 Otto 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 police and relevant authorities, and the relevant vehicle insurance provider as soon as practically possible, but in any event, no later than 24 hours following the incident. In the event of a minor accident (where no one is injured or there is no serious damage to the vehicle), you still must report it through the Dubai Police mobile app, if you are in Dubai. If you do not have online access to this app, you shall report the incident at one of the ten authorized Enoc petrol stations in Dubai, or at any police station. If you are outside of Dubai or someone is injured or if there is serious damage caused to the Vehicle, you should immediately dial 999, anywhere in the UAE. The police 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.
In the event you encounter a fault or warning light indication on the Vehicle, you shall notify the Partner and Otto as soon as practical with details of the fault/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 Otto’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 Otto’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.
10. 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 Otto for this purpose. You hereby authorize Otto to charge your payment method on file with Otto for such additional repairs.
11. Telematics
You acknowledge and agree that Otto may install a telematics solution into the Vehicles at Otto’s own cost, which allow Otto 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 Otto to remotely lock or unlock the Vehicle, if necessary. You consent to Otto collecting such information as described in this Clause 11.
12. Termination
Otto 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 Otto 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 Otto 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.
Otto 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 Otto (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, Otto may report you to the relevant police/government authorities.
You may request that your Account be deleted by notice in writing to Otto at any time, but you agree to honour 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 Otto 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.
13. Additional Fees, Cancellations & Refunds
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. You herby authorise Otto to charge your selected payment method for such Additional Charges stated above.
Additional Fees shall be applied by Otto/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 traffic and/or parking fine, a 15% Otto administrative fee shall apply.
For any fuel & excess mileage charges, a 3% fee shall apply in addition to the Partner’s standard charges.
In case of a booking received without valid documentation or cancellation after 4 hours before delivery for any reason, Otto will charge an AED250 administration fee.
In case of your early termination of a Partner Agreement, you agree that Otto will charge you an Early Termination Charge.
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, Otto and Partners reserve the right to remotely immobilize the engine and force collection of your vehicle. Otto and Partners will not be liable for any personal belongings left in the vehicle.
In the event Otto or any of its partners must immobilize your vehicle for any reason there will be an AED 250 charge applied to mobilize that vehicle.
The Early Termination Charges shall be calculated as follows:
In case of early termination of a 1-month 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 2-to-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 7-to-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 13+ 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 these Conditions will prevail.
For the avoidance of doubt, the Subscriber shall be liable to Otto for any Additional Fees incurred during the Subscription Period, even if such Additional Fees are not discovered by or reported to the Partner or Otto 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 Otto for this purpose. You hereby authorize Otto to charge your payment method on file with Otto for such Additional Fees.
You hereby authorize Otto 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 Otto 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.
Otto will provide you an electronic payment confirmation immediately after you successfully make a payment through the App. Otto 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, terminations and modification’s must be made through the Otto App.
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.
14. Disclaimer of Warranties
Our app, its content and services are provided on an 'as is' and 'as available' basis. you acknowledge and agree that Otto 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 Otto 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.
Otto 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, Otto 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 Otto 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.
15. Limitation of Liability
Otto 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).
16. Otto 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 Otto’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 Otto’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 arisen out of or relating to these terms of use or the app 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 App, or AED 30,000.00, whichever is less.
17. Indemnification
You agree to release, defend, indemnify, and hold Otto 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 Otto from all claims, demands and damages or losses of any kind and nature, arising out of such disputes.
18. 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 Otto or make a complaint to Otto. Otto is under no obligation to resolve any disputes between you and a Partner. However, Otto 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 Otto becomes involved in a dispute, you will provide Otto with such information and take such actions as may be reasonably requested by Otto in connection with any complaints, claims, charges, or notices relating to the Partner Agreement or with respect to any investigation undertaken by Otto 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 Otto at any time. Otto will use commercially reasonable efforts to deal with your complaint in a fair and timely manner. On occasion, Otto may appoint a third party to handle your complaint.
The provisions of Clause 17 will survive any termination or expiration of these Terms.
19. Ownership of Intellectual Property
You acknowledge and agree that Otto 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 Otto. All other names, logos, product and service names, designs, and slogans on the App or Services are the trademarks of their respective owners.
20. Forms of Communication
You acknowledge and agree you are contracting with us electronically as part of using Otto’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.
21. Privacy Policy
Any information, including personal identification information or banking information, you provide to us for the purposes of using the App or Services shall be governed by our Privacy Policy. You also agree that we may share your personal data with our Partners for the purpose of us facilitating our Services to you. Our full and in-depth Privacy Policy can be found here.
22. Governing Law & Jurisdiction
These Conditions 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 United Arab Emirates and all applicable federal laws of the United Arab Emirates, 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 Dubai and governed and construed in accordance with the law of the United Arab Emirates and all applicable federal laws of the United Arab Emirates, without reference to principles of conflict of laws.
23. General
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 Otto App or by post to such address as Otto holds for you.
Except as otherwise agreed in these Conditions 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 Conditions.
Both parties agree that these Conditions 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 Conditions are breached.