Terms of Residents Subscription – Octane Rent

The following Octane Residents Subscriptions Terms of Service (“Terms”) govern the Subscription Client access and use of Octane Residents Subscription (“Subscription Plan(s)“) described in the Schedule 1 hereinafter and that forms an integral part of these Terms.

These Terms are supplemental to the Octane Terms & Conditions https://octane.rent/terms-conditions/ (“Octane T&C”) and any additional standards, conditions, policies, guidelines and in-product disclosures, which are incorporated herein by reference (collectively, “Octane Terms”). Capitalized terms used but not defined herein shall have the meanings given to them in the Octane Terms.

“Subscription Client” means an individual holding a valid Emirates ID and a valid UAE driving license at the time of subscription and throughout the Term and any Extended Term. Octane may verify eligibility at any time and may terminate the Subscription Plan immediately and without refund if either requirement ceases to be met.

Please read these Terms carefully before using any of the Subscription Plans.

1. Subscription Plan Benefits
   1. Subject to the payment of the Initial Minimum Balance and Subsequent Balance Payments (as stated in clause 2.1 of these Terms) and maintaining a positive balance in accordance with clause 2.6, the Subscription Client shall be entitled to receive the following benefits:
      1. The Subscription Client will be charged the per-day rate applicable to a thirty (30)-day rental period of any vehicle, subject to availability, that is part of the Subscription Plan and designated and marked by Octane at its sole discretion on the Octane website https://octane.rent/monthly-car-subscription-dubai/ from time to time (“Subscription Plan Vehicle(s)”). For the avoidance of any doubt, Octane does not guarantee the availability of any particular vehicle, does not undertake to keep any particular vehicle within the Subscription Plan Vehicles, and shall have no liability to the Subscription Client for the unavailability of any vehicle at any time.
      2. The number of rentals permitted under the Subscription Plan shall be limited to the maximum number applicable to the selected Subscription Plan, as specified by Octane on its website or in the relevant Subscription Plan description in Schedule 1, as updated from time to time. At any given time the Subscription Client may have no more than two (2) active rentals simultaneously.
      3. A ten percent (10%) discount will be applied to the per-day rate applicable to a thirty (30)-day rental period for any rental of Subscription Plan Vehicle(s) of a higher Subscription Plan tier by the Subscription Client.
      4. All bookings of the Subscription Plan Vehicle(s) will require no prepayment.
      5. The Subscription Client will be entitled to add only one (1) extra driver for the Term by paying an Additional Driver Monthly Payment. For the avoidance of any doubt such additional driver shall be the same for all rentals under the Subscription Plan and may not be changed or replaced and the Subscription Client is not allowed to add any other additional driver in rentals under the Subscription Plan by paying a standard fee as per Octane T&C.
   2. Save as specified in clause 1.1 above, all Octane’s rentals and other services shall be subject to the terms and conditions listed in Octane T&C as well as any particular agreements for those services.
2. Subscription Plan Balance
   1. For subscribing to the Subscription Plan, the Subscription Client shall pay Octane following “Subscription Payments”:
      1. Deposit of Initial Minimum Balance to activate the selected Subscription Plan;
      2. payment of the Subsequent Balance Payments for second and ongoing months of the Term according to the active Subscription Plan;
      3. if the Subscription Client elects to add an additional driver in accordance with clause 1.1.4, the Additional Driver Monthly Payment shall apply and the applicable amounts of the Initial Minimum Balance, Subsequent Balance Payments, and Monthly Rental Allowance under the Subscription Plan shall each be increased by the amount of the Additional Driver Monthly Payment. Such increase shall apply for the entire duration of the Subscription Plan.
   2. The Subscription Payments will be charged monthly, no later than one (1) calendar day prior to the first day of each applicable calendar month of the Term or Extended Term.
   3. By joining a Subscription Plan, the Subscription Client authorizes Octane to charge the Subscription Payment(s) monthly directly from the Subscription Client or by the payment method defined by the Subscription Client for this purpose.
   4. The Subscription Payments are non-refundable, except as expressly set out in clause 2.9 of these Terms.
   5. Subscription Payments do not include taxes. The Subscription Client may be charged with indirect taxes (such as VAT) according to the applicable law.
   6. Positive Balance. The Subscription Client shall always maintain a positive balance during the Term and any Extended Term. The negative balance is not allowed, and any use of Subscription Plan Benefits that results in a negative Subscription balance is prohibited.
   7. Spending the Balance:
      1. The Subscription Client acknowledges and confirms hereby that his Subscription Plan Balance may only be used for the direct Subscription Plan Benefits stated in clause 1.1.1 of these Terms.
      2. The Subscription Client further acknowledges and confirms that the Subscription Plan has a specified monthly rental allowance as specified in Schedule 1 and updated by Octane in accordance with Schedule 1 (“Monthly Rental Allowance”), that may be used during each calendar month to cover per day charges for the rental, and which may be applied solely towards per-day rental charges for Subscription Plan Vehicles pursuant to clause 1.1.1. Any unused allowance of the Monthly Rental Allowance at the end of respective month shall not be carried forward to subsequent months and is not refundable. Any per day charges exceeding the Monthly Rental Allowance must be prepaid by the Subscription Client.
      3. The Subscription Client further acknowledges and confirms that any additional payments, such as per day charges exceeding the Monthly Rental Allowance, parking, gasoline, car washes, company and state fines, toll road fees (saliki), and any other extra Octane services (“Additional Charge(s)”), will be billed and paid separately in compliance with the Octane T&C that are in effect at the time.
      4. The following will take effect if the Subscription Client doesn’t pay any Additional Charge within three (3) days of the date Octane notification is given (“Defaulting Client”):
         1. The amount of the Additional Charge will be deducted by Octane from the Defaulting Client’s balance on the Subscription Plan Balance.
         2. The Defaulting Client will not be able to use the Subscription Plan.
         3. All transactions with such a Defaulting Client will be recalculated by Octane using its standard rates excluding Subscription Plan Benefits. If any positive balance remains after such recalculation, it may be used by the Defaulting Client for future standard rentals in accordance with the Octane T&C, but Subscription Plan rates will not apply.
   8. Remaining Balance. If at the end of the Term (or the Extended Term), there is a remaining balance on the Subscription Plan Balance and the Subscription Plan has not been extended under clause 3.3 and the Subscription Client has not fully used such remaining balance for rental purposes within the twelve (12) months from the expiry, this balance shall become the property of Octane.
   9. If a Subscription Client violates Octane T&C, Octane may, at its sole discretion, prohibit the Subscription Client from using that Subscription Plan.
3. Term; Renewal; Cancellation; Termination; Change.
   1. Each Subscription Plan has a specified term in calendar months commencing on the calendar day on which the Initial Minimum Balance is received in full by Octane (“Term”).
   2. The Subscription Plan will be automatically renewed every month during the Term until the subscription is cancelled or terminated.
   3. The Subscription Client may extend the Term for an additional month(s) period (“Extended Term(s)”), provided that the payment of relevant Monthly Rental Allowance for the Extended Term is received by Octane no later than one (1) day after the previous Term/Extended Term expires. For the period from the expiration of the Term (Extended Term) until receipt of the applicable payment for the Extended Term, all Subscription Client rentals will be subject to Octane’s standard rates in effect during that period.
   4. The Subscription Client may cancel any Subscription Plan at any time prior to the next billing date by notifying Octane in writing. Cancellation will become effective at the end of the then-current Term or Extended Term. No refund of Subscription Payments already made shall apply upon cancellation.
   5. The Subscription Client may change to a lower or equivalent Subscription Plan tier by providing Octane with prior written notification at least seven (7) calendar days in advance of the intended change date. Any such change is subject to Octane’s prior written approval and shall take effect at the commencement of the next billing period.
   6. Notwithstanding the clause 3.5 above, the Subscription Client may upgrade to a higher Subscription Plan tier at any time, subject to the adjustment of the Subscription Payments accordingly and paying for all Additional Charges due.
   7. Octane may terminate any of the Subscription Client’s subscriptions to any of the Subscription Plans, without any refund, due to: (a) violation of these Terms or any other Octane Terms, including due to non-payment of the applicable fees; or (b) the Subscription Client ceasing to hold a valid Emirates ID or a valid UAE driving licence. In such cases, the subscription to the applicable Subscription Plans will be immediately cancelled. 
   8. The following clauses shall survive the expiry or termination of these Terms and any Subscription Plan for any reason: clause 2.4 (Non-Refundability), clause 2.7 (Spending the Balance), clause 2.8 (Remaining Balance), clause 5 (Limitation of Liability), clause 6 (Disclaimer of Warranties), clause 8 (Data Protection), clause 9 (Governing Law and Dispute Resolution), and clause 10.1 (Entire Agreement). Octane’s right to terminate without refund upon loss of eligibility as set out in the definition of Subscription Client and clause 3.7 shall also survive any purported waiver or delay in enforcement.
4. Changes to these Terms. 
   1. Subscription Plan Eligibility and Modifications. Eligibility for Subscription Plans, including access and their features, may be subject to change at Octane’s sole and full discretion. Octane reserves the right to modify or update any Subscription Plan offerings at any time.
   2. The Subscription Client acknowledges and agrees that if it continues to use any Subscription Plan after the date on which these Terms have changed, Octane will treat such continued use as acceptance of the updated Terms. If the Subscription Client does not agree to the updated Terms, it must cancel the Subscription Plan in accordance with clause 3.4 prior to the effective date of the change. 
   3. Octane may make changes to these Terms, including Subscription Payments, from time to time at its full and sole discretion. Octane will endeavour to provide the Subscription Client with at least fourteen (14) calendar days’ prior written notice before any change to Subscription Payments takes effect. Notice of changes will be made available on the relevant page of the Octane website. For the latest details concerning the Subscription Plans, visit: https://octane.rent/monthly-car-subscription-dubai.
5. Limitation of Liability.
   1. To the maximum extent permitted by applicable law, Octane’s total aggregate liability to the Subscription Client under or in connection with these Terms, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount of Subscription Payments actually paid by the Subscription Client to Octane in the three (3) calendar months immediately preceding the event giving rise to the claim.
   2. To the maximum extent permitted by applicable law, Octane shall not be liable to the Subscription Client for any indirect, special, consequential, incidental, or punitive loss or damage, whether or not such loss was foreseeable or Octane had been advised of its possibility.
   3. Nothing in these Terms shall exclude or limit any liability that cannot be excluded or limited under applicable UAE law.
6. Disclaimer of Warranties.
   1. Octane makes no warranty, express or implied, as to: (a) the continuous or uninterrupted availability of any Subscription Plan Vehicle or the Subscription Plan generally; (b) the fitness of any vehicle for any particular purpose; (c) the accuracy or completeness of any vehicle descriptions or specifications published on the Octane website; or (d) the uninterrupted, error-free, or secure operation of the Subscription Plan platform or booking systems.
   2. Vehicle availability at any given time is subject to Octane’s sole discretion and operational capacity. Octane shall have no liability to the Subscription Client arising from the unavailability of any vehicle, including any Subscription Plan Vehicle, at any time and for any reason.
7. Force Majeure.
   1. Octane shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond Octane’s reasonable control, including without limitation acts of God, fire, flood, storm, epidemic, pandemic, war, civil unrest, acts of terrorism, government action, regulatory intervention, cyberattack, or failure of third-party suppliers or infrastructure (“Force Majeure Event”).
   2. If a Force Majeure Event continues for a period exceeding thirty (30) consecutive calendar days, Octane may, at its sole discretion, suspend or terminate the affected Subscription Plan(s) without liability.
8. Data Protection.
   1. Octane processes personal data of Subscription Clients in connection with the provision of the Subscription Plans. Such processing is carried out in accordance with Octane’s Privacy Policy, available at https://octane.rent/privacy-policy, and in compliance with applicable UAE data protection legislation.
   2. By subscribing to a Subscription Plan, the Subscription Client acknowledges that it has read and understood Octane’s Privacy Policy and consents to the processing of its personal data as described therein.
9. Governing Law and Dispute Resolution.
   1. These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the applicable federal laws of the United Arab Emirates.
   2. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of the Emirate of Dubai.
10. General Provisions.
    1. These Terms, together with the Octane Terms, constitute the entire agreement between Octane and the Subscription Client with respect to the Subscription Plans and supersede all prior representations, negotiations, understandings, or agreements, whether oral or written, relating to the same subject matter. The Subscription Client acknowledges that it has not relied on any representation, warranty, or undertaking not expressly set out in these Terms or the Octane Terms. In the event of any conflict between these Terms and the Octane T&C regarding the Subscription Plans, these Terms shall prevail solely to the extent of the conflict with respect to the Subscription Plans only.
    2. If any provision of these Terms is found by a court or competent authority to be invalid, unlawful, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, lawful, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the remaining provisions of these Terms.
    3. No failure or delay by Octane in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any further or other exercise of that or any other right, power, or remedy.
    4. Octane may assign, transfer, novate, or sub-contract any or all of its rights and obligations under these Terms to any affiliate, successor entity, or acquirer of its business at any time without notice to the Subscription Client. The Subscription Client may not assign, transfer, or novate any of its rights or obligations under these Terms without Octane’s prior written consent, which may be withheld at Octane’s sole discretion. Any purported assignment in breach of this clause shall be void.

SCHEDULE 1 – Subscription Plans

*In accordance with clause 2.1.3, the Additional Driver Monthly Payment shall be added to the Initial Minimum Balance, Subsequent Balance Payments, and Monthly Rental Allowance under the Subscription Plan.

*The Monthly Rental Allowance is the maximum monthly amount in AED available for per-day rental charges under the applicable Subscription Plan. Any unused portion expires at the end of each calendar month and is not refundable. See clause 2.7.2.