Terms of service

Last updated: 02.06.2026

OVERVIEW

Welcome to Smile Cars! The terms “we”, “us” and “our” refer to Smile Cars. Smile Cars operates this app, store and website, including all related information, content, features, tools, products and services (the “Services”). The Services are powered by Shopify, which enables us to provide the Services to you.

These Terms & Conditions (“Terms”) govern your contractual relationship with Smile Cars when you register a user account and/or rent vehicles via car sharing or long‑term rental. By visiting, interacting with or using our Services, you agree to be bound by these Terms and by our Privacy Policy (available at: [LINK]). If you do not agree, you must not use or access the Services.

1. Subject Matter

1.1
These Terms govern the contractual relationship between Smile Cars (Smile Cars Costa Blanca SL, NIF B26794917) (“Smile Cars”, “we”, “us”) and individuals (“Customers”, “you”) who register a user account (“User Agreement”) and/or rent vehicles via car sharing or long‑term rental (“Rental Agreement”).

1.2
The User Agreement governs registration, use of the app, and the general contractual relationship. Each individual vehicle usage is governed by a separate Rental Agreement (car sharing per minute/hour/day or classic rental from 2 days).

1.3
The price list, cost schedule and tariffs published in the app and on the website form an integral part of these Terms.

1.4
The Customer is responsible for providing their own mobile data connection and bearing any related costs.

1.5
Contact details:

1.6
Smile Cars does not provide a chatbot. Customer inquiries are handled via email or contact form.

2. Registration & User Agreement

2.1
Registration is possible exclusively via the Smile Cars app.

2.2
The User Agreement is concluded once the Customer:
a) provides all required information truthfully and completely,
b) accepts these Terms, and
c) completes the registration process.

2.3
There is no entitlement to registration. Smile Cars may reject registrations at its reasonable discretion.

2.4
Each Customer may maintain only one user account. Transfer or sharing of accounts with third parties is prohibited.

2.5
No two‑factor authentication is currently used. Customers must keep their login credentials strictly confidential and protect them against unauthorised access.

2.6
Any misuse, unauthorised access or suspected loss of credentials must be reported to Smile Cars immediately.

2.7
The Customer is liable for damages resulting from negligent handling of login data, unless the Customer is not responsible for the misuse.

2.8
Changes to personal data (e.g. address, driving licence, payment method) must be updated without delay.

2.9
The User Agreement is concluded for an indefinite period and may be terminated by the Customer at any time with effect for the future.

2.10
Smile Cars may terminate the User Agreement without notice for good cause, in particular in case of misuse, fraud, repeated payment issues or serious breaches of these Terms.

2.11
After termination, Smile Cars may retain necessary data for billing, claims handling and legal obligations, as described in the Privacy Policy.

3. Eligibility & Driving Licence

3.1
Only natural persons are eligible who:

  • are at least 18 years old,
  • have an active user account,
  • hold a valid driving licence recognised in the country of use, and
  • are at least 26 years old or have held a driving licence continuously for more than 2 years.

3.2
Identity and driving licence must be verified via the app using the verification process specified by Smile Cars.

3.3
Driving authorisation expires automatically if the driving licence is withdrawn, seized, restricted or expires.

3.4
Any driving restrictions, suspension or withdrawal of the licence must be reported to Smile Cars immediately.

3.5
Smile Cars may suspend or restrict accounts, in particular in case of payment issues, suspicion of misuse, or doubts about driving eligibility.

3.6
The same eligibility requirements apply to long‑term rentals.

4. Payment Methods & Billing

4.1
The Customer must provide and maintain a valid payment method. Payments are processed via Stripe. Further details are set out in the Privacy Policy and in Stripe’s own terms.

4.2
Smile Cars is entitled to charge all amounts due, including in particular:

  • rental fees,
  • additional charges (e.g. extra kilometres, late return),
  • damages and repair costs,
  • cleaning costs in case of excessive dirt,
  • contractual penalties agreed in the tariff schedule,
  • traffic fines, administrative penalties and related processing fees.

4.3
If a charge fails, the account may be suspended until all outstanding amounts are settled.

4.4
Smile Cars may reserve security amounts via pre‑authorisation on the stored payment method.

4.5
Website‑based Rentals (Deposit)
For vehicles rented via the Smile Cars website (classic online rental outside the app), the Customer must provide a deposit of EUR 200. Smile Cars is entitled to reserve or charge this amount to secure potential claims, in particular in cases of:

  • accidents or damages,
  • excessive dirt,
  • contractual breaches, or
  • unpaid fees, fines or costs.

The deposit will be refunded in full or in part after proper return of the vehicle, provided no outstanding claims exist.

5. Vehicle Use

5.1
The vehicle may only be driven personally by the Customer; use by unauthorised third parties is prohibited.

5.2
Stopovers are permitted provided local regulations are observed and the vehicle is locked and parked in a legally permitted manner.

5.3
The rental may only be ended in designated return zones or locations specified by Smile Cars in the app or booking confirmation.

5.4
The vehicle must be used carefully and in compliance with applicable traffic laws, manufacturer instructions and these Terms.

5.5
The same rules apply to long‑term rentals, unless otherwise agreed in the specific rental conditions.

6. Vehicle Data, GPS & Telematics

6.1
Vehicles are equipped with telematics devices recording, in particular, location, movement, lock status, mileage and vehicle condition.

6.2
These data are used for app functionality (unlock/lock, display of vehicles), billing, fleet management, theft protection, vehicle monitoring, misuse detection and accident analysis.

6.3
The processing of telematics and location data is governed by applicable data protection laws and our Privacy Policy, where the purposes, legal bases and retention periods are described in more detail.

7. Insurance & Liability of Smile Cars

7.1
The vehicles are insured with motor third‑party liability insurance in accordance with statutory requirements, as well as additional coverages (e.g. driver accident cover, legal protection, glass, theft, fire, breakdown assistance) as set out in the insurance policy with insurance partner companies.

7.2
The scope of insurance, deductibles and any exclusions are determined by the applicable insurance conditions. The Customer can request information on the main coverages and deductibles from Smile Cars at any time.

7.3
Unless otherwise required by mandatory law, Smile Cars is liable only for damages caused by intent and gross negligence. In cases of slight negligence, Smile Cars is liable only for foreseeable, typical damages arising from the breach of essential contractual duties.

7.4
Mandatory statutory liability (e.g. for injury to life, body or health) remains unaffected.

8. Liability of the Customer

8.1
The Customer is liable for all damages to the vehicle, accessories and third parties that are not covered by the insurance or that result from excluded risks (e.g. intentional damage, gross negligence, use in races, use under the influence of alcohol or drugs, unauthorised drivers).

8.2
Insurance coverage and any contractual limitation of liability apply only if all age and licence requirements are met and the Customer complies with these Terms and the insurer’s conditions.

8.3
If insurance coverage is reduced or denied due to the Customer’s conduct (e.g. breach of obligations, late notification, unauthorised driver, prohibited use), the Customer is liable to Smile Cars to the extent that the insurer does not provide coverage.

8.4
The Customer is fully liable for misuse, traffic violations, parking offences, toll violations, unauthorised drivers and failure to report damages or accidents without undue delay. Smile Cars may charge fines, fees and administrative costs to the Customer’s payment method.

9. Accidents, Damage and Loss

9.1
In the event of an accident, damage, theft, break‑in, fire or other incident involving the vehicle, the Customer must immediately:

  • ensure safety at the scene of the incident,
  • notify the police in case of personal injury, significant damage or disputes, and
  • notify Smile Cars without undue delay via the contact channels provided in the app or on the website.

9.2
The Customer must not acknowledge or admit liability at the scene and must cooperate in the clarification and settlement of the incident (e.g. completing accident reports, providing information and documents).

9.3
If the Customer culpably fails to fulfil these obligations and the insurer reduces or refuses benefits as a result, the Customer is liable to Smile Cars to that extent.

10. Amendments to the Terms

10.1
Smile Cars may amend these Terms with effect for the future, provided the changes are reasonable for the Customer.

10.2
Changes will be announced at least 30 days in advance (e.g. via app notification or email).

10.3
If the Customer objects to the changes, Smile Cars may terminate the User Agreement and disable the account; existing Rental Agreements remain unaffected.

11. Governing Law & Jurisdiction

11.1
These Terms and all contractual relationships with Customers shall be governed by German law, without prejudice to mandatory consumer protection provisions at the Customer’s place of residence.

11.2
Mandatory provisions of Spanish law remain applicable where services are provided in Spain, particularly with regard to traffic and insurance regulations.

11.3
Mandatory EU consumer protection laws remain unaffected.

11.4
For Customers who are not consumers, Berlin shall be the exclusive place of jurisdiction.

12. Termination of the User Account

12.1
The Customer may delete the user account at any time with effect for the future via the app or by contacting Smile Cars.

12.2
Outstanding claims (e.g. fees, damages, fines) remain enforceable after deletion of the account.

13. Withdrawal, Cancellation & Booking Rules

13.1 Car sharing via the app

You can reserve a car in the app for a short period (e.g. 10 minutes); this reservation can be cancelled free of charge until the vehicle is unlocked.

Once a vehicle has been unlocked and the rental has started, you may only:

  • use stopover mode (doors locked, rental continues), or
  • end the rental within the business zone via the app.

Charges will be applied according to the applicable tariff (time/distance etc.). Payments already incurred are not refundable.

For car sharing bookings via the app, no separate statutory 14‑day right of withdrawal applies; instead, the above booking and cancellation rules apply, as permitted by applicable consumer law for time‑bound mobility services.

13.2 Long‑term rentals via the website

Long‑term rentals (minimum 2 days) booked via our website may be cancelled free of charge up to 24 hours before the scheduled start of the rental period.

If you cancel later than 24 hours before the start or do not pick up the vehicle, fees may apply in accordance with the applicable price list and booking conditions.

14. Final Provisions

14.1
If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions shall remain effective.

14.2
Smile Cars does not participate in consumer dispute resolution procedures before a consumer arbitration board, unless participation becomes mandatory by law and is then communicated separately.