Astralis | Terms of Use

INTRODUCTION

Astralis Mobility d.o.o. (“Astralis” or “We”) provides this website (“Site”) for your use, subject to these Terms of Use and all applicable laws and regulations. Please read these Terms of Use carefully. By accessing and/or using the Site, you fully and unconditionally accept and agree to be bound by these Terms of Use, including binding arbitration. If you do not agree to them, please do not visit or use the Site. Astralis reserves the right to revise these Terms of Use, so please check back periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes your acceptance of those changes. Updates will be evidenced by a more recent Last Updated date at the top of this page. All changes are effective immediately when We post them, and apply to use of the Site thereafter.

USE OF THE SITE

Astralis maintains the Site for your informational and non-commercial personal use. Your use of the Site for any other purpose is permissible only upon the express prior written consent of Astralis. Without limiting the foregoing, you may not: (1) use the Site in a commercial manner, including by distributing, transmitting or publishing the Site or any of its content; (2) interfere with others’ use of the Site; (3) impair, in any manner, the Site’s operation or functionality including, without limitation, transmitting or posting any software or other materials to this Site that contain any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or information, or interfere with or disrupt the servers or networks connected to it; (4) interfere with Astralis’s rights, including its intellectual property rights, or rights of any third party; (5) frame or otherwise co-brand the Site or any of its content; (6) deep-link to any portion of the Site; (7) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; (8) post or transmit to or from the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; or (9) use the Site for any illegal purpose. We reserve the right, in our sole discretion, to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, We may inform your Internet service provider of your activities and take appropriate legal action.

As a condition of your use of this Site, you warrant that (1) you are at least 18 years of age; (2) you possess the legal authority to create a binding legal obligation; (3) you will use this Site in accordance with these Terms of Use; (4) you will only use this Site for legitimate and lawful purposes for you or another person for whom you are legally authorized to act; and (5) all information supplied by you on this Site is true, accurate, current and complete.

SCRAPERS AND BOTS

Use of any robot, spider, site search, retrieval application or other manual or automatic device to retrieve, index, scrape, data mine or in any way gather or extract discount coupons or other content on or available through the Site or reproduce or circumvent the navigational structure or presentation on the Site without Astralis’s express written consent is prohibited.

You further agree not decompile, reverse-engineer, disassemble, or attempt to derive the source code of any software or security components of the Site.

SITE MODIFICATIONS

We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.

PRIVACY POLICY

Astralis takes your privacy seriously. Any information submitted on or collected through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use.

LINKS TO OTHER SITES

The Site may include links to third-party websites. Astralis does not control and is not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Site does not imply our endorsement, review or approval of it. Further, the treatment of information collected by the operators of linked websites may be different from our treatment of information submitted on or collected through the Site. For details regarding such operators’ treatment of information about users, you must review their privacy policies or terms and conditions of use or contact them for this information.

RESERVATIONS AND TRANSACTIONS

All reservations and transactions made through the Site are subject to Astralis’s acceptance, which is in our sole discretion. Without limitation, this means that Astralis may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. Rental contracts between Astralis (and any of its affiliates and their respective franchisees) and website users are exclusively entered into at branch locations of Astralis and its affiliates and their respective franchisees and are not entered into through this Site.

In the event of a conflict between the Terms of Use and any rental contract between you and Astralis or any of its affiliates and/or their respective franchisees, the terms of the rental contract will prevail over the Terms of Use.

COUPONS

Astralis provides specific discount coupons from time to time for the exclusive use of employees or members of specific entities with which Astralis has a contractual relationship. These entity-specific coupons and the proprietary codes affixed on them are our proprietary property and shall only be used by the employees or members of the specific entities for which the coupons apply, subject to and in accordance with any other terms and conditions applicable to such coupons. UNAUTHORIZED USE OR DUPLICATION OF ANY OF OUR ENTITY-SPECIFIC DISCOUNT COUPONS IS STRICTLY PROHIBITED.

ELECTRONIC COMMUNICATIONS

By using the Site, you consent to receiving electronic communications and notices from Astralis. You agree that any notice, agreement, disclosure or other communications that We send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

INTELLECTUAL PROPERTY

All copyrightable text, graphics, sound, downloads, software (including source and binary code), and other materials, the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site (collectively, the “Website Content”) are owned by Astralis Mobility d.o.o. (“Astralis”), its related entities or their respective licensors (where applicable) and are protected by law. All rights reserved. You may print a copy of the Website Content made available to you only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Website Content. Any other use of the Website Content is strictly prohibited, unless you have our prior written permission. The Site may also contain content that is owned by third parties, including our advertisers. You may use such third-party content only as expressly authorized by the applicable owner. All requests for permission to reprint or make any other use of the Website Content of Astralis and its related entities should be addressed to astralis@astralis.rent. Astralis does not warrant that your use of materials displayed on or linked to the Site will not infringe the rights of third parties.

ASTRALIS and the ASTRALIS logo are included in the family of trademarks and service marks owned by Astralis. Trademarks and service marks designated with the ® symbol are registered with the U.S. Patent and Trademark Office and with numerous foreign countries. Other trademarks and service marks belonging to Astralis may be designated with the “SM” or “TM” symbols. Our trademarks and service marks may not be used in connection with any product or service without our prior written permission. All other brands, trademarks and names not owned by Astralis that appear on the Site are the property of their respective owners, who may or not be affiliated with, connected to or endorsed by Astralis.

CLAIMS OF COPYRIGHT INFRINGEMENT

If you in believe that materials posted on the Site violate your intellectual property rights, please contact Astralis at astralis@astralis.rent. Please include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Site; (4) your address, telephone number and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner’s behalf; and (7) for notices of copyright infringement under the Directive on Copyright in the Digital Single Market (DSM Directive 2019/790) alongside the Electronic Commerce Directive 2000 (ISP liability) and the Information Society Directive 2001 (WIPO treaty implementation), any other information required by applicable law.

USE OF INFORMATION SUBMITTED

Subject to any applicable terms of our Privacy Policy, you agree that Astralis and its related entities are free to use any comments, information, ideas or other content contained in any communication you may send to us or otherwise provided to us through the Site (“Your Content”), without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services; creating, modifying or improving the Site or other products or services; and providing attribution of your comments or reviews (for example, listing your name on a review that you submit). You hereby grant Astralis, and its related entities, a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use Your Content, including the right to reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display or otherwise communicate to the public in any form. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may exist in Your Content.

You acknowledge and agree that Your Content is non-confidential and non-proprietary.

NO WARRANTY

While We use reasonable efforts to maintain the accuracy and reliability of the Site, We do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access and use of the Site and its content are at your own risk. Without limiting the foregoing, THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.

LIMITATION OF LIABILITY

Your sole remedy for dissatisfaction with this Site or its content is to stop using the Site and/or its content, as applicable.

IN NO EVENT SHALL ASTRALIS, ITS RELATED COMPANIES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (“COVERED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE OR ANY CONTENT PROVIDED BY THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONE OR ALL OF THE COVERED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

If, notwithstanding the above, one or more Covered Parties is found liable for any loss or damage relating to the use of the Site and its content, you agree that the cumulative liability shall in no event exceed the amounts paid by you for the services rendered by Astralis that are directly related to said liability.

Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

The foregoing limitation of liability is not applicable to residents of New Jersey. With respect to residents of New Jersey, Astralis, its related companies, and each such company’s directors, officers, employees and agents are not liable for any damages arising out of or in connection with your access, use or inability to use the Site, or any information provided by the Site, unless such damages are the result of our negligent or reckless acts or omissions or willful misconduct; and We are not, in any case, liable for indirect, incidental, special, consequential or punitive damages.

INDEMNITY

You agree to indemnify and hold Astralis and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your violation of these Terms of Use, any law or the rights of any person.

DISPUTE RESOLUTION PROVISION - MANDATORY ARBITRATION AGREEMENT

YOU AND ASTRALIS EACH WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND ASTRALIS AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO, CLAIMS RELATING TO ASTRALIS’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, RENTAL VEHICLES, VEHICLE RESERVATIONS, OR THIS SITE. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY OF YOUR AGENTS, BENEFICIARIES, ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “ASTRALIS” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING BUT NOT LIMITED TO ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND ASTRALIS AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS A PART OF A CLASS OR COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Dispute Resolution Provision is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of these Terms of Use. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against you only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that claims against or by a third-party insurance company ostensibly providing coverage to you or any AAD or the application of Astralis’s financial responsibility relating to the use or operation of an Astralis rental vehicle may be brought in a court with valid jurisdiction.

PROCEDURE

A party must send a written Notice of Dispute (“Notice”) describing (a) the nature and basis of the Claim; and (b) the relief sought, to the other party. The Notice to Astralis should be addressed to: Astralis Mobility d.o.o., 21300 Makarska, Croatia (“Notice Address”). If you and Astralis do not resolve the Claim within thirty (30) days after the Notice is received, either party may initiate mediation or other alternative dispute resolution procedures. The parties agree to make a good faith effort to resolve disputes amicably before pursuing litigation. If the dispute cannot be resolved through negotiation or mediation, either party may commence legal proceedings in accordance with Croatian law.

MEDIATION AND ALTERNATIVE DISPUTE RESOLUTION

The parties may agree to resolve disputes through mediation in accordance with the Croatian Mediation Act (Zakon o mirenju). Mediation is voluntary and either party may withdraw from the process at any time. If mediation is unsuccessful, either party retains the right to pursue court proceedings. For business-to-business disputes, the parties may agree to arbitration before a recognized Croatian arbitration institution, such as the Permanent Arbitration Court at the Croatian Chamber of Economy (Stalno arbitražno sudište pri Hrvatskoj gospodarskoj komori), in accordance with Croatian arbitration law (Zakon o arbitraži).

Note for Consumers: If you are a consumer, mandatory arbitration clauses may not be enforceable under Croatian and EU consumer protection law. You always retain the right to take disputes to court.

AUTHORITY OF COURTS AND ARBITRATORS

Any court or arbitrator resolving disputes under these Terms of Use is bound by Croatian law and these Terms of Use. Courts have full authority to interpret and apply these Terms, including determining their scope, applicability, enforceability, and validity.

If the parties agree to arbitration for business disputes, the arbitrator’s authority shall be determined by the parties’ arbitration agreement and Croatian arbitration law. The arbitrator may award the same remedies and relief as a Croatian court, subject to the limitations in the arbitration agreement and applicable law.

COSTS AND FEES

If a dispute proceeds to court, costs and fees will be allocated in accordance with Croatian civil procedure law (Zakon o parničnom postupku). Generally, the losing party bears the costs of the proceedings, including reasonable attorney’s fees of the prevailing party, as determined by the court. f the parties agree to mediation, costs shall be shared equally unless otherwise agreed or determined by the mediator. Each party is responsible for their own legal representation costs unless the arbitrator determines otherwise The arbitrator may allocate costs based on the outcome of the proceedings and the reasonableness of each party’s position. Frivolous claims may result in cost sanctions as permitted by Croatian law.

Consumer Protection: If you are a consumer, you will not be required to pay costs that would create a barrier to accessing justice or that exceed what you would pay in court proceedings, in accordance with Croatian and EU consumer protection standards.

GOVERNING LAW

These Terms of Use are governed by and construed in accordance with the laws of the Republic of Croatia. Any disputes arising from or related to these Terms of Use or your use of the Site shall be subject to the exclusive jurisdiction of the competent courts in Split, Croatia, or as otherwise determined by Croatian procedural law.

APPLICABLE LAW

These Terms of Use are governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law principles. Any action to enforce these Terms of Use must be brought in the competent courts of the Republic of Croatia. Jurisdiction and venue shall be determined in accordance with Croatian civil procedure law (Zakon o parničnom postupku). For disputes involving Astralis Mobility d.o.o., the competent court shall generally be the court in Split or the commercial court with territorial jurisdiction over the defendant’s registered office, as determined by applicable procedural rules.

By using the Site, you acknowledge and agree to the jurisdiction of Croatian courts for any disputes arising from these Terms of Use, subject to mandatory consumer protection provisions that may grant you additional jurisdictional rights. If you are a consumer domiciled in the European Union, you may also bring proceedings in the courts of your country of residence in accordance with EU Regulation 1215/2012 (Brussels I Reregulation) and applicable consumer protection laws. Nothing in these Terms of Use shall deprive you of the protection afforded by mandatory consumer protection provisions in your country of residence.

GENERAL

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision must be construed consistent with applicable law, and the remaining provisions must be enforced in accordance with applicable law as nearly as possible to reflect the original intention of the applicable provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use, including the policies referred to herein, set forth the entire agreement between you and Astralis in connection with your use of the Site and supersede any and all prior or contemporaneous written or oral agreements between you and Astralis in connection therewith.

CONTACT US

If you have any questions about these Terms of Use, please visit our About page to message your questions.