GoTo Subscriber Contract

This Contract is a car sharing service subscription contract between Car Sharing Services Malta Ltd, located at 5, Salvatore Psaila Street, Victoria (Gozo) (hereinafter referred to under its brand name "GoTo Malta") and the Subscriber (as defined in clause 1 below).

IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS CONTRACT, THEN YOU ARE NOT AUTHORISED TO USE ANY OF GOTO'S VEHICLES OR SERVICES.

1. General

1.1. The introduction to this contract and its appendices constitute integral parts of it and of the terms and their fulfilment.

1.2. The contract headings, including the subheadings, have been included for purposes of convenience only and should not be used for interpretation and/or understanding of this contract and/or to determine the intentions of the parties with regards to the contract.

1.3. Words used in the contractual documents in the singular, where the context so permits, shall be deemed to include the plural and vice versa, and any masculine designations shall apply to females and males as one and vice versa and any reference to a person addresses any corporation or any other legal entity, as well.

1.4. The following terms that appear in the contract will be granted the interpretation and/or meaning specified beside them, as detailed hereinafter, unless the context shall otherwise require:

1.4.1. Contractual Documents: this contract, including its appendices, as detailed in section 2 below.

1.4.2. Subscriber: The applicant whose information appears in the subscription registration form, whose eligibility to receive the services was approved by GoTo Malta.

1.4.3. Membership card: Means of access, whether by using a membership card, via the cellular application or using any other means provided and registered in the Subscriber’s name that will permit the Subscriber to utilise the service.

1.4.4. The Vehicle: A vehicle from the car sharing service that is intended for use by the Subscriber.

1.4.5. One-way model: Vehicles from the fleet labeled with a purple zigzag symbol are intended for one-way trips, from point A to point B (the vehicles are taken from designated parking spaces and dropped-off to designated parking spaces within the subscriber’s desired area, as indicated in the application (hereinafter: “The designated parking space in the one-way model”).

1.4.6. Website: GoTo Malta’s website (including the mobile site) the address of which is: www.goto.com.mt which may be changed from time to time.

1.4.7. Mobile Application: GoTo Malta’s mobile application used for the car sharing service, which may be changed from time to time.

1.4.8. User Guide: A guide intended for Subscribers which sets forth the Subscriber’s commitments regarding usage of the vehicles used by the subscriber, and as subject to the provisions set forth within this contract, as may be updated from time to time by GoTo Malta. The most updated terms of the User Guides (GoTo Malta Guides) are published on GoTo Malta’s website.

1.4.9. Service Plan: One of the service plans, which may be updated from time to time and will be detailed on the website.

1.4.10. Vehicle Rental Service: Refers to GoTo Malta or any vehicle rental company with whom GoTo Malta works for the purpose of providing services as set forth within this contract.

1.4.11. Additional Drivers: Refers to drivers that the Subscriber requested be added to the subscription for the purpose of utilising the services provided under the terms of this contract, whose information will be provided to GoTo Malta by the Subscriber and authorised by GoTo Malta. Additional drivers can be added to a personal subscription in addition to the driver who owns the subscription. The first additional driver can be added for free. Every other additional driver will cost €5 per month per driver. The additional drivers must be first degree relatives of the Subscriber. If the additional driver is the significant other of the Subscriber, but they are not legally married, they must provide a document proving their status of cohabitation and/or proof of shared residence. Up to 15 drivers are permitted on a single Business subscription. These drivers have to be employed by Business Subscriber. Each additional driver above 15 drivers can be added for a cost of €5 per month per driver.

1.4.12. Car Rental Period: The period that begins 5 minutes after the ‘I am at the car’ button on the app is pressed or after you start the car’s engine (whichever comes first)(“initiation of car rental period”) and the completion of the trip when the vehicle is returned to its designated parking space upon locking of the vehicle and release of the vehicle for use by other subscribers by pressing the release button in the mobile app and/or the “end the trip” button located within the vehicle (either by placing the membership card on the car’s contact interface or using the mobile application).

1.4.13. The Service/Services: The car sharing service which will essentially allow Subscribers to rent vehicles, for varying periods of time, from any reserved parking space (as defined below) and subsequently return them to any reserved parking space (as defined below). It is hereby clarified that the vehicle rental is subject to availability of the vehicles that are part of the rental service. GoTo Malta cannot ensure the availability of parking spaces and/or vehicles, and cannot commit to the availability of a specific type of vehicle and/or a specific available window of time.

1.4.14. System: A computerised system, which, following the placement of a reservation via the website or mobile application records, among other things, the time of vehicle reservation, the usage time of the vehicle by the Subscriber, the location and any additional relevant data regarding the usage of the vehicle by the Subscriber and this documentation will be used to calculate vehicle usage fees charged to the Subscriber, as subject to the service plan to which he/she is subscribed.

1.5. Subscriber eligibility to receive the Services (as defined in this contract) is subject, among other things, to his/her meeting the conditions detailed in this contract. The Subscriber is required to read the conditions detailed herein carefully, as they serve as a binding contract between the Subscriber and GoTo Malta.

1.6. In the event that GoTo Malta deviates from the provisions in this contract in one or more instances, at their own discretion, this shall not serve as a binding precedent in any way and this will not require that GoTo Malta operate in the same manner in any other instance.

1.7. The computer records of GoTo Malta regarding the services and/or concerning the activities carried out via the website and/or the cellular application and/or the system and/or in the vehicle computer (telemetrics unit) will constitute conclusive evidence regarding the correctness of the activities and the details of the activities.

1.8. In all matters related to website links (hereinafter: “Links”) to other websites that appear on the Website, GoTo Malta is not responsible for the content of those sites, the information published on those sites or any other detail related to them.

  1. Appendices

2.1. Appendix A: Standard Fees that includes costs and associated services (as published on the Website on www.goto.com.mt/standard-fees, and as will be updated from time to time).

2.2. Appendix B: The User Guide (as published on the website on www.goto.com.mt/user-guide, and which will be updated from time to time).

2.3. Appendix C: Vehicle inspection form (in the Application and/or in the vehicle or, if no other option exists, with the authorisation from the Customer Service Center).

3. Nature of the Agreement

3.1. This contract serves as an agreement of registration for and use of the car sharing service offered by GoTo Malta, through which GoTo Malta will permit the Subscriber to rent available vehicles for designated numbers of minutes and/or seconds, as offered by GoTo Malta, via GoTo Malta or via another car rental service, through which GoTo Malta will allow the subscriber to rent available vehicles for varying periods of time as designated ahead of time, from any permitted parking space containing an available vehicle and the return of said vehicle to any designated parking space in return for the Subscriber’s payment as detailed in section 6 below and subject to the provisions set forth in this contract and its appendices.

3.2. The Service Plan, among the various service plans detailed on the Website, as determined by the Subscriber’s selection in the event that the requested model is open for new subscriptions.

3.3. The payment that will be made by the Subscriber to GoTo Malta for the range of services that are provided to the subscriber is determined in Appendix A of this contract and will be updated from time to time.

3.4. Any deviation by the Subscriber from the provisions set forth in this contract constitute material breaches of this contract that will allow GoTo Malta, among other things, to void this contract without derogating from any rights under the law.

3.5. The service plan to which the Subscriber belongs will be indicated in Appendix A of this contract, as updated by both sides from time to time, and in any event, the Subscriber will be charged according to function usage of the service.

4. Contract Length

4.1. The contract period is the period designated in the appendix containing the service plan, costs and associated services (Appendix A). At the end of every contract period, the subscription will be renewed and the contract will be extended automatically for an identical period of time, unless the Subscriber informs GoTo Malta of his or her desire to end the agreement and/or freeze the Subscription according to section 11.9.

4.2. Termination of the contract by the Subscriber prior to the end of the contract period designated in section 4.1 and in Appendix A will be performed by sending a notice requesting termination that includes the Subscriber’s name, ID number/Company Registration Number, whichever may be relevant, and the last four digits of the Subscriber’s credit card with which he or she has paid for the subscription, and said notice may be submitted using one of the following channels, as determined by the Subscriber (“Notice of Termination”):

4.2.1. Orally – By telephone or in person at GoTo Malta’s offices, the details of which appear above.

4.2.2. In writing – By registered mail, email or fax, using GoTo Malta’s details, which appear on GoTo Malta’s website.

4.3. Termination of the agreement will become effective three (3) business days after receipt of the notice of termination at GoTo Malta’s office, and if submitted via registered mail – six (6) business days after submitting the notice, as long as the Subscriber did not specify a later date for cancellation (hereinafter “the cancellation date”). It is hereby clarified that the termination of this agreement shall not apply to the services provided prior to the date of termination.

4.4. GoTo Malta reserves the right to terminate the agreement with a Subscriber outlined in this contract at any time and with no advanced warning.

4.5. Upon termination of this contract, for any reason, the Subscriber must return the smart card to GoTo Malta.

  1. Payments Due to Termination of Service

5.1. According to the provisions set forth in Appendix A (Service Plan, Costs and Associated Services), the subscriber will not be eligible for refunds, all as subject to the conditions of the service plan to which the Subscriber belongs.

  1. Exchange of Services, Associated Services and Method of Payment

6.1. The agreed-upon compensation for the services and associated services, as they may be defined in Appendix A of this agreement, will be set forth in Appendix A.

6.2. All of the prices appear in this Agreement and its Appendices, include VAT unless otherwise indicated.

  1. Reservations, Changing and Cancelling Vehicle Reservations

7.1. The Subscriber or additional drivers can reserve a vehicle using the methods provided by GoTo Malta for the purpose of vehicle reservation as described and in the manner dictated in section 7.2 below.

7.2. In order to reserve vehicles that are used for one-way trips, the reservation must be made via the application or by contacting GoTo Malta’s customer service representatives via telephone and will be authorised subject to vehicle availability in a given location at that particular time. In this model, vehicles may be reserved in a particular parking space for a period of 15 minutes and failure to reach the car within that window will result in automatic cancellation of the reservation and all that that entails. Extension of the reservation is optional, however requires an additional fee as determined in Appendix A attached to this agreement. Upon completion of the trip, the Subscriber must park the vehicle in an available dedicated parking spot for this model.

7.3. Changes to the reservation, such as extension or cancellation, will result in an additional fee as subject to the service plan to which the Subscriber and/or reservation belongs, as detailed in Appendix A.

7.4. It is hereby clarified that any changes made by additional drivers under the same subscription, and without derogating from the provisions set forth in this agreement, such notice provided by an additional driver will result in a charge to the Subscriber for all intents and purposes.

  1. Vehicle Use and Maintenance Terms and Conditions

In any place where the word “Subscriber” appears in section 8 hereinafter, the term will refer to “the Subscriber and/or additional driver” and the commitments that appear in section 8 below will apply to the Subscriber as well as to the additional driver.

8.1. Vehicle usage is permitted only by the Subscriber and in accordance with the terms of this agreement.

8.2. The right to use the vehicle is exclusive to the Subscriber and/or additional driver and is non-transferrable. In addition, the use of the membership card is intended for the cardholder only.

8.3. Prior to using the vehicle, and as a condition of using the vehicle, the Subscriber will perform an inspection of the vehicle according to the inspection form in GoTo Malta’s mobile application, and if the application is not functional than using the inspection form attached to this agreement as Appendix C. In the event that the Subscriber finds damage to the vehicle, he or she must report said damage to GoTo Malta prior to using the vehicle, otherwise the subscriber will be considered to have declared that he or she received the vehicle with no damage.

8.4. In the event that the Subscriber finds damage to the vehicle, he or she must report any damage found inside or outside the vehicle or caused during the trip to GoTo Malta immediately.

8.5. In the event that vehicular damage is found after the vehicle is returned and without notice, the last Subscriber to use the vehicle will be held responsible for the damage.

8.6. It is absolutely forbidden to use the vehicle in the following manners:

8.6.1. On unpaved roads or roads that are unsuitable for safe driving such as scraped roads, roads with potholes, etc.

8.6.2. For transporting passengers for pay and for transporting goods for pay.

8.6.3. For racing and/or speed tests and/or any other competitive sport.

8.6.4. For towing or pushing another vehicle.

8.6.5. For transporting explosive materials and/or dangerous materials.

8.6.6. For transporting more passengers than are permitted according to the vehicle’s license.

8.6.7. When the Subscriber is under the influence of drugs and/or alcohol and/or medications that might affect his/her level of consciousness.

8.6.8. When the Subscriber has a medical condition or disability that prevents him or her from holding a drivers license or from operating the vehicle.

8.6.9. For illegal purposes.

8.6.10. For transporting animals and/or putting animals in the vehicle.

8.7. Vehicle usage is permitted only within the islands of Malta and Gozo.

8.8. Vehicular operation should be conducted according to the provisions set forth in this contract, including its appendices and the User Guide.

8.9. Electric vehicles (only regarding electric vehicles):

8.9.1. Some of the dedicated parking places are equipped electrical charging stations.

8.9.2. GoTo Malta Subscribers who use electrical vehicles are not required to connect the vehicles to the charging stations and charge them at the end of vehicle usage, however in the event that they do, they will be eligible for a credit for future usage of GoTo Malta’s services as designated in Appendix A to this contract.

8.9.3. At the end of the trip, the vehicle battery must be charged for at least 15 additional kilometres.

8.9.4. When the vehicle battery charge decreases and gets close to 15 kilometres, the Subscriber must return the vehicle to a designated parking space. In the event that the vehicle is returned with a battery charge of less than 15 km, it will result in an additional fee as detailed in Appendix A.

8.10. At any time that the Subscriber is not using the vehicle, the vehicle must be locked and the ignition must be off and the key must be out of the ignition, the windows must be closed, the mirrors must be folded and the lights must be off.

  1. Commitments and Responsibilities

9.1. GoTo Malta and vehicle rental service:

9.1.1. Will not be held responsible for any damage and/or loss and/or theft of equipment that is located in and/or on the vehicle.

9.1.2. Will not be held responsible for any harm and/or direct damage and/or indirect or any other damage and/or other damage that may be caused to the Subscriber while using the vehicle.

9.1.3. Will not be held responsible for any damage, loss and/or theft caused to a third party due to an act by the Subscriber and/or additional driver or anyone in the vehicle.

9.1.4. Will not be held responsible for any harm and/or direct damage and/or indirect damage or any damage caused as a result of unavailability of a vehicle due to a prior reservation.

9.1.5. Will not be held responsible for any damage and/or direct harm and/or indirect harm and damage and/or other damage caused as a result of the use of an accessory and/or device in or on the vehicle.

9.1.6. Will not be held responsible for any damage and/or direct and/or indirect damage and/or any damage and/or injury caused by the electric charging station or parking poles.

9.2. The Subscriber and the membership card:

9.2.1. The membership card will be supplied to each subscriber with the exception of Pre-Paid service subscriber as indicated in Appendix A.

9.2.2. Both the Subscriber and the additional driver undertake to care for the membership card and report directly to GoTo Malta in the event that he or she becomes aware that the card has been lost.

9.2.3. The membership card is the property of GoTo Malta, and is provided to the Subscriber and/or the additional driver for personal use only and is not transferrable.

9.2.4. The Subscriber will bear the full responsibility for any direct and/or indirect damage and any other damage cause to the vehicle from the moment that the vehicle is unlocked and until the end of the reservation as a result of vehicle usage, parking and securing of the vehicle, including (and not limited to) responsibility for damage and/or direct and/or indirect damage and/or any other damage that might be caused to the electric charging station or parking pole.

9.2.5. The Subscriber takes full responsibility for the use of the membership card including use of a membership card that is not by the Subscriber.

9.3. GoTo Malta hereby clarifies that they will not be held responsible for anything related to the presence or absence of a child safety seat in the vehicle as well as the manner in which it is connected or installed or its usage by the Subscriber that results from an accident and/or dysfunction of the safety seat and/or due to the installation of the safety seat in the vehicle and/or due to the use of the safety seat, if one is found in the vehicle. The subscriber agrees to adhere to the installation and usage instructions for the safety seat in the vehicle handbook and on GoTo Malta’s website and adhere to the guidelines regarding the age and weight limitations as designated in the chair guidelines and according to law. Also, GoTo Malta will not be held responsible for any damage whether intended or indirect damage that results from the use of the safety seat or from an inability to use it.

  1. Collateral

10.1. As a guarantee of payment for the charges to the Subscriber in accordance with this contract, a preauthorisation charge will be made for the credit/debit card account of the Subscriber according to all of the selected service plan as is determined by GoTo Malta from time to time, and as it is indicated in Appendix A. It is hereby clarified that GoTo Malta will be permitted to perform a credit limit check at any time. The designated sum will not surpass the designated sum set forth in Appendix A.

10.2. Upon accepting the terms and conditions of this Agreement, the Subscriber authorises GoTo Malta to reserve credit on the Subscriber’s credit card for a limited period as designated in Appendix A of this agreement.

  1. Payments

11.1. The Subscriber shall pay GoTo Malta at GoTo Malta’s request any amount due to them whether directly or indirectly according to all the provisions of this contract and its appendices, for the services, including vehicle rental fees, damages, towing costs, assessment, collection fees and any other sum as set forth in this contract. The Subscriber hereby allows GoTo Malta to charge the Subscriber whose information has been transferred to GoTo Malta.

11.2. Charges to the Subscriber on a payment plan will apply to the Subscriber’s credit card, the details of which were provided to GoTo Malta during the registration or under the settings of the user account on GoTo Malta’s website.

11.3. The Subscriber hereby declares that the credit card, the details of which appear in the enrolment form, is valid. The Subscriber hereby undertakes that in the event that the credit card is cancelled or is expired he or she will report the cancellation or expiration to GoTo Malta at the time that it occurs.

11.4. In the event that the credit card GoTo Malta refuses to accept the Subscriber’s charges, the Subscriber will no longer be eligible to receive the services.

11.5. Payment terms and prices are subject to the Subscriber’s service plan and in accordance with the provisions set forth in Appendix A of this contract.

11.6. For the purpose of calculating the usage fees, the start time and end time, GoTo Malta will rely on GoTo Malta’s system only. To eliminate any uncertainty it is clarified that in the event conflict between the system’s records and any time and/or location record, the calculation of the cost of the trip will be performed based solely on the System records for all intents and purposes.

11.7. It is hereby clarified that that there may be changes to the rates due to GoTo Malta’s needs under special circumstances (such as, but not limited to: use of GoTo Malta vehicles at night, on weekends, on religious holidays and on national holidays as defined in Appendix A, etc.), all according to the provisions set forth in the Service Plan, Costs and Associated Services (Appendix A) which may be updated from time to time.

11.8. It is hereby clarified that in the event that the Subscriber belongs at any time after registering as a subscriber for GoTo Malta’s services with a special rate or sale rate, then the special or sale rate will apply for the period of the sale only (as subject to the sole discretion of GoTo Malta) and only in the event that the Subscriber provides GoTo Malta, at their request for the proof of eligibility of the Subscriber and their membership in the service plan with the special rate or sale rate. In the event that the subscriber does not provide the required authorisation to the full satisfaction of GoTo Malta, the Subscriber will be assigned to the service plan with the lowest existing rate that exists on GoTo Malta’s website at the time of the incident.

11.9. In the event that the Subscriber decides to deactivate his or her subscription, he or she must inform GoTo Malta in writing and GoTo Malta will freeze his or her subscription as follows: (a) beginning from the service period that begins after the notice is received; or (b) in the service plans that are monthly and renewed automatically, GoTo Malta will cancel the Subscriber’s charges starting from the month after the receipt of the notice and until the point at which the subscription is reactivated, in the event that it is reactivated. It is hereby clarified that a Subscription that has been deactivated will not allow for use of GoTo Malta vehicles without submission of a request in writing in advance from the Subscriber for reinstatement. Upon reactivation of the subscription, GoTo Malta will be permitted to perform credit evaluations again, readjust the service plan as subject to the plans available for membership at that time.

11.10. To remove all doubt, any credit in the account that is not used within three months of receipt of said credit (unless otherwise indicated upon receipt of the credit in writing and/or in this contract or its appendices) will be eliminated and will not be available for use by the subscriber.

11.11. Receipts and tax invoices for the payments will be sent on a monthly basis via email and the opt-in during the registration or under the settings of the user account on GoTo Malta’s website serves as consent to receive receipts and tax invoices as stated via email. The invoices will be sent by the 10th of each month.

11.12. Both parties agree that the information that is collected by the System regarding the manner of usage of the vehicle by the Subscriber, will serve as conclusive evidence, among other things for the calculation of the charge for the service including the manner of usage of the service plan.

11.13. Any delay in payment or debt to GoTo Malta will be CPI-linked according to the rate published by the Central Bureau of Statistics (or any other entity in the event that it is not published by them) and GoTo Malta will be permitted to collect the accumulated index linked interest rate of 1.25% without derogating from GoTo Malta’s rights as dictated by law.

11.14. GoTo Malta reserves the right to halt the Subscriber’s usage of the service at any time without prior warning due to delay in payment and that is without derogating from any other rights of GoTo Malta under the law.

11.15. The Subscriber agrees to pay all of the costs and payments (and incur any penalty points) with regards to traffic violations and/or parking violations accrued by the vehicle while the vehicle is in the Subscriber’s possession, including fines imposed for the aforementioned offences. In the event that GoTo Malta receives notice regarding traffic and/or parking violations incurred with the vehicle during the vehicle rental period, including the aforementioned fines, GoTo Malta will work to arrange the payment as follows:

11.15.1. In the event that GoTo Malta received notice and/or a fine due to a traffic violation (hereinafter: “traffic fine”), GoTo Malta will notify the Subscriber regarding handling of the fines in the Subscriber’s name, and the Subscriber will be charged a sum as detailed in Appendix A for the handling of payment of said fines (hereinafter: “handling fees”).

11.15.2. In the event that GoTo Malta receives notice and/or fines due to a parking violation (hereinafter: “Parking Fines”), GoTo Malta will notify the subscriber regarding receipt of the Parking Fines. In the event that the Subscriber decides to handle the fines independently, the Subscriber must inform GoTo Malta of said decision within 24 hours from the date of receiving the notice and GoTo Malta will operate to transfer the Parking Fines into the Subscriber’s name, and the Subscriber will be charged a Handling Fee for the name transfer of the parking fines, as detailed in Appendix A. In the event that the Subscriber wishes that GoTo Malta handle the Parking Fine payment, as a part of the services that GoTo Malta provides to their Subscribers, the Subscriber will be charged a sum comprised of the sum of the Parking Fines in addition to the Handling Fee as detailed in Appendix A (hereinafter: “Handling Fee”).

11.16. In the event that GoTo Malta receives notice and/or a penalty points deduction consequent to a traffic violation (hereinafter: “Penalty Points”), GoTo Malta will notify the Subscriber regarding the receipt of the Penalty Points and the Local Enforcement System informing them that the vehicle was not being used/driven by GoTo Malta on the date and time of the said contravention but was being used by the Subscriber.

11.17. The Subscriber requests from and authorises GoTo Malta and/or vehicle rental company to pay/transfer into the Subscriber’s name any ticket and/or fine received by GoTo Malta’s vehicle when the vehicle was in the Subscriber’s possession. In addition, the Subscriber authorises the vehicle rental service to deduct the sum of any tickets and/or fines from any sum they are due to receive from GoTo Malta. In addition, the Subscriber authorises GoTo Malta to submit this agreement to the Local Enforcement System or any other documents with any other entity/authority required in order for the Penalty Points to be transferred to the Subscriber.

11.18. In the event that the vehicle is towed, the responsibility for retrieval of the vehicle and the payment of the towing fees are the responsibility of the Subscriber. Assistance in vehicle retrieval will be provided by GoTo Malta for a fee, the sum of which will be determined according to the sole discretion of GoTo Malta and subject to the specific situation in each case.

11.19. Any payment that is not made entirely and on time will carry interest as detailed in section 11.15 above. In addition, the Subscriber will be charged for the collection costs including legal costs and attorney’s fees and any other payments made by GoTo Malta (or loss of income) due to the collection of the Subscriber’s debt. It is hereby clarified that the additional interest also includes the CPI-linked component.

11.20. All of the prices that appear on the website and/or in the mobile application and/or in this contract include VAT as is dictated by law, unless otherwise indicated. In the event that there is a change in the VAT according to law, the prices will be updated and the Subscriber agrees to pay the required sum with the addition of VAT as dictated by law upon making the payment.

  1. Damages

12.1. No repairs, modifications and/or improvements will be made to the vehicle without prior notice and receipt of authorisation in writing from GoTo Malta for said repairs, modifications and/or improvements. In the event that the Subscriber violates the provisions of this section, he or she will bear the full cost of said repairs in addition to a penalty for the breach of this provision, without derogating from the other rights of GoTo Malta as dictated by this contract and/or by law.

12.2. In the event of a motor vehicle accident, the Subscriber agrees to inform GoTo Malta of such immediately and not accept any responsibility for the motor vehicle accident, and to fill out a report, in cooperation with GoTo Malta, in writing that includes all of the information regarding the other vehicle, the vehicle’s driver and that motor insurance information, information provided by witnesses to the accident in the event that any are present and a description of the circumstances of the accident including a sketch of the location in which the accident occurred (hereinafter: “Accident Report”). In addition, the Subscriber agrees to cooperate with GoTo Malta and their representatives in all processes related to the accident including undergoing questioning and a polygraph.

12.3. The Subscriber will pay up to the deductible sum as dictated by the motor insurance for any damage caused during/as a result of an accident and/or theft (including third party damage). Nevertheless, in the event that the Subscriber does not submit an Accident Report as described in section 12.2 above within 24 hours of the accident, the Subscriber will be responsible for the full payment of all damage that is caused to the vehicle and/or to GoTo Malta and/or the car rental company, whether directly or indirectly, with no limit to the amount.

12.4. Notwithstanding the information provided above, the Subscriber’s liability is not limited to the extent of the deductibles and/or any other amount in the following circumstances:

12.4.1. Damage caused as a result of negligence, including the Subscriber ignoring warning lights that indicate the presence of a malfunction in one of the vehicle’s systems.

12.4.2. Negligence in securing the vehicle including failure to use the alarm (in the event that one is present), failure to lock the doors or care for the keys/code intended to prevent vehicle ignition.

12.4.3. In the event that at the time of the incident the driver of the vehicle was a person who is not permitted to use the vehicle according to the terms of this contract.

12.4.4. Use of the vehicle in a manner that violates section 8 above or any of its subsections.

12.4.5. Providing false information when registering for the service in regards to the age, license validity or expiration date, the absence of any previous serious driving offences, etc.

12.5. In the event that there was more than one instance of damage during a single vehicle rental period, the Subscriber will be charged the deductible for each event. Extraction in the event that the vehicle runs out of fuel and/or the battery dies and/or following a flat or torn tire and/or empty battery with the exception of an electrical system failure (that is unrelated to the failure to charge the battery of an electrical vehicle) and/or loss or damage caused to the keys/remote/magnetic card and/or in the event that the damage does not warrant road-side assistance and/or when the Subscriber provided a false report when describing the issue. In any event where damage was caused, the Subscriber will immediately be charged the cost of the damage.

12.6. Assessment of the damage as determined by the vehicle assessor chosen by GoTo Malta will constitute conclusive proof of the extent of the damage. When the damage amounts to less than the deductible, GoTo Malta will charge the Subscriber the cost of the vehicle repair and will not be liable for any loss of profits and/or loss of opportunities and/or any other losses by the Subscriber.

12.7. GoTo Malta shall not be liable for death and/or any bodily or mental harm that is caused to the Subscriber, any passenger traveling with the Subscriber or any third party that results from the negligence by the Subscriber and/or his or her representative.

12.8. The Subscriber expressly acknowledges and agrees that any personal injury or damage sustained or received in any incident resulting consequent to the Subscriber’s fault or negligence will not be covered motor insurance. The foregoing is without prejudice to the motor insurance coverage for any claim made by any passenger travelling with the Subscriber at the time of the incident in respect of personal injury.

12.9. The Subscriber will be held responsible for any damage caused to the vehicle due to improper operation. The Subscriber agrees to pay GoTo Malta for any damages caused to the vehicle during the rental period including indirect damage, repairs, appraisals, third party claims, and legal fees. In the event that the Subscriber meets the requirements of this contract, the total expenses will be limited to the extent of the excess fee in Appendix A.

12.10. GoTo Malta reserves the right to collect, in addition to the sum for the repair of any damages, handling fees, at a rate as determined at the discretion of GoTo Malta according to the particular situation

  1. Credits and Fines

13.1. Without derogating from the rights of GoTo Malta as dictated by law, GoTo Malta reserves the right to fine the Subscriber for any avoidance and/or lack of adherence to one or more of the provisions of this contract and its appendices as well as the provisions in the User’s Guide, including the following sections:

13.1.1. Returning the vehicle not in accordance with the provisions in the User’s Guide.

13.1.2. Cancellations of vehicles reservations.

13.1.3. Failure to maintain vehicle cleanliness including the presence of trash and/or cigarette butts and/or other smoking paraphernalia in the vehicle

13.1.4. Transporting of animals or allowing animals to enter a vehicle.

13.1.5. Loss of membership card

13.1.6. And any other fine as determined and/or updated from time to time.

13.2. Measurement of credits and/or fines (as detailed in Appendix A to this agreement).

13.3. The credits and fees are as detailed in Appendix A of this contract and on GoTo Malta’s website as will be updated from time to time.

  1. Business Customers

14.1. The conditions of this contract and its ordinances will apply to all employees that belong to the subscription who have signed the contract.

14.2. In the event that the subscriber asks to include any of their employees as additional drivers for the use of the services provided under this agreement, the Subscriber agrees to provide all of the employee’s information and have the employee to register on GoTo Malta’s website.

14.3. Without derogating from the provision set forth above, every employee of the subscriber who uses the serve in practice will be considered to have agreed with the terms of the agreement themselves and the Subscriber will be liable for the fulfilment of all of the employee requirements for all intents and purposes.

  1. Confidentiality and Privacy of Subscriber Details

We take the protection of personal data seriously and comply with all the legal requirements regarding data protection to ensure maximum protection of your privacy. For more information on what personal information we gather from you and how we process it, please read our Privacy Policy.

On the basis of our legitimate interest, we reserve the right to notify the relevant authorities, including law enforcement authorities, should we become aware of any unlawful activity which was conducted in or from GoTo Malta vehicles.

  1. Intellectual Property

16.1. All intellectual property rights on the website, mobile application and in the system, including the patents, copyrights, samples, methods and trade secrets as well as intellectual property rights regarding marketing methods, databases including customer and/or Subscriber lists, service plans and service descriptions, graphic design of the website and anything else related to the operation are the exclusive property of GoTo Malta and/or their representative.

16.2. Without derogating from any provisions, it is emphasised that the name “GoTo Malta” as well as the domain name of the website, trademarks on the website (whether registered or not) are all the property of GoTo Malta only, and may not be used for any other purpose without advanced authorisation in writing.

16.3. No information from the website (including trademarks, photographs, texts, sales methods and computer codes) can be copied, reproduced, distributed, sold, or marketed and the design and graphic interface cannot be changed, without receipt of explicit authorisation from GoTo Malta in advance and in writing nor shall any party act in a manner that violates the provisions of the law regarding intellectual property.

16.4. No commercial use of the data published on the website is to be made without advanced written consent from GoTo Malta.

16.5. Any data published on the website for presentation online or in any other service and/or for any other purpose can be used without prior written consent from GoTo Malta and is subject to the terms of the agreement (if granted). In addition, no data can be collected from the website using data collection/data mining software and the like and it is not permitted to disseminate such data to others in a commercial manner or for commercial purposes.

16.6. The provisions of this section shall not derogate from the provisions of the law, and in addition to them, all restrictions and prohibitions dictated by law related to intellectual property rights shall still apply.

  1. Miscellaneous

17.1. All notices regarding any matter will be sent to the address provided on GoTo Malta’s website.

17.2. GoTo Malta reserves the right to make any changes to this contract and/or its appendices by publishing a revised version on the website, at the absolute discretion of GoTo Malta, while giving prior notice in writing to the Subscriber 14 days before the changes come into effect in order to grant the Subscriber time to terminate the contract with GoTo Malta before the changes take effect.

17.3. GoTo Malta’s records and system data will constitute decisive evidence in any case of disagreement regarding reservations, trips, etc.

17.4. In the event that an authorised court determines that one or more of the provisions in this contract are illegal and/or invalid, it will not invalidate or impair the validity of the remaining provisions in this contract.

17.5. Failure to fine or penalise a Subscriber due to failure to comply with any section of this contract does not constitute GoTo Malta’s approval of or agreement with said behaviour and/or waiver by GoTo Malta regarding fulfilment of the remaining clauses in the contract.

17.6. This contract is personal and is non-transferrable by the Subscriber. GoTo Malta is entitled to assign its rights and obligations under this contract to any third party at its sole discretion and the Subscriber hereby waives any claim in this regard.

17.7. The only law and jurisdiction in regards to this contract will be the laws of Malta and the courts in Malta which will have exclusive jurisdiction.

  1. Preconditions for Receiving Services

18.1. In order to receive service from GoTo Malta, the Subscriber acknowledges and confirms that he or she meets all of the following conditions (“Preconditions”):

18.1.1. Has driving experience of at least one year and is over the age of 18

18.1.2. Holds a valid EU or international driver’s license.

18.1.2.1. He or she hereby declares that he or she has not been convicted of serious driving offences, including:

18.1.2.2. Driving offences at a speed that is 40 KMH over the legal speed limit.

18.1.2.3. Driving while intoxicated.

18.1.2.4. Caused manslaughter due to negligent driving.

18.1.2.5. Abandoning the scene of an accident.

18.1.2.6. Driving with a revoked license.

18.1.2.7. Vehicular homicide.

18.2. It is hereby clarified that the Subscriber’s compliance with section 18.1 above does not automatically grant the Subscriber the right to receive service from GoTo Malta. This right is conditional upon the registration process and authorisation granted by GoTo Malta.

18.3. GoTo Malta is permitted to inform the Subscriber or any additional driver at any time that he or she does not meet the prerequisites, even if GoTo Malta previously confirmed that the Subscriber or additional driver met the prerequisites in the past.

18.4. Upon accepting the terms and conditions of this contract, the Subscriber and the additional driver confirms and declares that he or she meets the prerequisites. In the event that it becomes apparent that the Subscriber and/or additional driver does not meet the prerequisites and/or ceased to meet the prerequisites, GoTo Malta will be permitted to end the agreement with the Subscriber, without prejudice to any of GoTo Malta’s other rights according to law and/or in accordance with this contract.

18.5. Without derogating from the aforementioned and/or from the provisions of the law, GoTo Malta shall be entitled to prevent the Subscriber from receiving the services in any of the following cases:

18.6. If the Subscriber has used the services and/or the website and/or the system to perform an illegal act or to allow, facilitate, aid or abet such an act;

18.7. If the Subscriber intentionally provided incorrect information;

18.8. In the event that the Subscriber performed an act or made an omission that harms or may harm GoTo Malta and/or any third parties;

18.9. In the event that the Subscriber or anyone on his or her behalf has violated the terms of this contract and/or if he or she avoids paying, illegally, for the services that he or she has purchased from GoTo Malta, whether via the website or in any other manner;

18.10. In the event that the Subscriber’s credit card is blocked or restricted in any way;

18.11. In the event that the Subscriber has declared bankruptcy and/or has been declared insolvent and/or insolvency proceedings against the Subscriber are undertaken and/or dissolution and/or writ of execution is being carried out;

18.12. In the event that the Subscriber transfers their rights to another.

This contract shall be governed, constructed and enforced in accordance with the laws of Malta.

The parties irrevocably submit to exclusive jurisdiction of the competent court in Valletta, Malta for the determination and resolution of any dispute arising under this loan agreement.

This contract was last revised on October 2, 2018.