This document establishes the General Terms and Conditions (hereinafter, “GTC”) under which you (hereinafter, “the Driver”) will use the Services of the Platform of CARS MOVI SA, located at Doctor Emilio Ravignani 1718 Floor 4, Buenos Aires, (hereinafter, “TripWip”, both identified as the parties “the Parties”), to contact Owners who are looking to rent their vehicles published on the Platform.
1. Definitions
Driver: is any individual, legal entity, or organization interested in renting a vehicle.
Owner: any individual, legal entity, or organization wishing to lease a vehicle they own.
Platform: includes all computer tools made available to Drivers and Owners so they can use the Services that TripWip provides over the Internet in the “SaaS” (Software as a Service) model.
Services: are all the intermediation services provided by TripWip to Drivers and Owners so that rental contracts for the Owner's vehicle(s) can be finalized, as described in this document.
Guarantee: is the guarantee required from the Driver in accordance with the provisions of clause 7 (Guarantee).
Insurance: is the insurance policy that the Owner must contract in accordance with the provisions of clause 8 (Insurance).
Personal Data: is any type of information related to identified or identifiable individuals or legal entities that is considered as such by applicable regulations, understood for these purposes as all non-public information that originates from or is related to the content, execution, and effects of these GTC and is susceptible to being disclosed verbally, in writing, or by any other means or through any medium, currently known or invented in the future.
Intellectual Property: includes, among others and without limitation, copyright and related rights, databases, inventions (patented or not); trademarks and trade names; know-how, industrial or commercial secrets, compilations of information, and any intellectual rights over software, its interface design, source code, object code, manuals, and any other associated information or documentation.
Content: includes in the broadest sense photos and videos of the vehicle, publication descriptions, comments, interviews with Owners or Drivers, and all other material, information, data, texts, music, sound, photographs, designs, drawings, graphics, video, messages, or other similar materials.
2. Scope of services
TripWip provides Owners and Drivers with a Platform that allows the Owner to communicate with the Driver in order to rent the Owner's vehicles within the national territory. TripWip is not the owner of the vehicles, does not possess them, nor offers them for rent. Therefore, the Parties agree that TripWip only provides intermediation Services between Owners and Drivers, without being a party to or intervening in the conclusion or execution of the rentals for any purpose other than establishing some of the rules that must be accepted and applied in their contracts when choosing to use the Platform. It is expressly prohibited to use vehicles rented through TripWip for passenger transport services via intermediation platforms or applications, such as Uber, DiDi, InDrive, Cabify, among others. The use of the vehicle for these purposes constitutes a violation of these Terms and Conditions, which may result in the cancellation of the rental, the application of penalties, and/or the exclusion of the user from the platform. Additionally, in the event of an incident, such use will not be covered by the contracted insurance, and the driver will be fully responsible for all damages and losses that may arise.
3. Conditions for registration
To register as a Driver, it is required to be over 18 years of age, have legal capacity to contract, and hold a valid driver's license with at least one year of seniority. If you are a foreigner, you must have a valid international driver's license with at least one year of seniority, and it is your responsibility to ensure its authenticity and validity. Additionally, to make the corresponding payment, you must be the holder of an internationally accepted credit or debit card by the payment method (AstroPay or Mercado Pago). If the Driver represents a legal entity, a CUIT (Unique Tax Identification Key) number will be required, which will be used to issue the invoice for the Services provided.
4. Account creation
To use TripWip's services, the Driver must have a computer or smartphone with an IOS or Android operating system. After logging into the Platform or accepting these GTC, a user account must be created, for which the following personal data will be requested: name, date of birth, identity document (and CUIT if representing a legal entity), country of residence, city, address, email, mobile phone, a photo of both sides of their driver's license, a selfie holding their license, and their password (hereinafter referred to as “the Data”). After entering the Data into the Platform, TripWip will have up to 72 hours to approve the request and send the corresponding notification to the Driver, after which they may proceed to reserve a vehicle. Drivers guarantee and are responsible for the truthfulness, validity, accuracy, authenticity, and updating of the Data provided to TripWip. TripWip cannot guarantee the identity of the Drivers; however, it may request additional information to verify or corroborate the Data provided by the Driver. In this regard, TripWip reserves the right to temporarily or permanently suspend or even not approve an Account if it cannot confirm the information provided or when it verifies that the information is false, inaccurate, fraudulent, or that MOVICAR SAS considers to be of high risk for the proper functioning of the Platform.
To assess the risk associated with creating an Account, TripWip may consider additional information regarding the financial and credit situation of the applicant, using databases, internal verifications, or other evaluation mechanisms. This assessment allows determining whether the Driver represents a high risk for the platform or for third parties and may influence the decision to approve or not approve the Account.
5. Rental price.
The rental price is set by the Owner, who may choose to automatically set the price according to supply and demand using artificial intelligence models provided by the platform to the Owner, or manually according to their own criteria.
6. Mileage and fuel.
The daily rental price detailed on the Platform includes a standard limit of 300 km per day. If unlimited mileage is not included and the daily limit of 300 km is exceeded, the Driver will be charged an extra fee of $0.15 or its equivalent in Argentine pesos for each additional kilometer driven, at the Owner's expense.
For rentals that do not last for exact days, the included mileage limit will be calculated proportionally to the contracted time. That is, if the rental is for 12 hours, 150 km will be included; if it is for 6 hours, 75 km, and so on.
The host has the option to include unlimited mileage or another limit, but this must be detailed in the car's publication, in its description.
The Owner agrees to deliver the vehicle to the Driver with a full tank of fuel. The Driver, in turn, must return it in the same condition. If the vehicle is not returned with a full tank of fuel, the Driver will be charged the fees set by the host, and under TripWip's criteria, the claim cannot exceed the average amount for each country for a maximum of 50 liters.
If the vehicle is not returned with a full tank of fuel, the Driver will be charged the following fees in favor of the Owner: tank less than full but greater than ¾ $10, tank less than ¾ but greater than ½ $20, tank less than ½ $40. All amounts expressed in USD in this document will be converted to Argentine pesos at the official exchange rate.
In all cases, the Owner must charge the Driver the amounts corresponding to fuel shortages or excess mileage at the time of delivery, issuing the corresponding receipt.
In case of discrepancies between the Owner and Driver, the provisions of clause 13 (Delivery and return of the vehicle) must be followed, and TripWip's mediation may be requested, and -eventually- the charge may be made at the Owner's expense affecting the Guarantee in accordance with the provisions of clause 16 (Mediation and affecting the Guarantee).
If by exception the host does not deliver the vehicle with a full tank, the driver will not be obliged to return it with a full tank, but in the same condition in which they received the vehicle. In this case, the previously mentioned fuel shortage charges will not apply.
7. Guarantee.
At the time of booking a vehicle, TripWip may make a hold on the Driver's credit or debit card on behalf of the Owner or Commercial Owner for an amount between U$S 500 and U$S 2000 as a guarantee. The hold will be effective three days before the initial delivery of the vehicle and will be released two weeks after its return, provided that no claims, damages, fines, tolls, fuel shortages, or exceeding the mileage limit are reported by the Owner or Commercial Owner during that period. If the guarantee hold cannot be executed three days before the start, attempts will be made to charge every consecutive day, moving to a cancellation status if no attempt is successful.
This guarantee hold on the application and use of the guarantee retained by TripWip is for the use of the Owner and TripWip according to the criteria of each company offering the service in relation to the partnership, in accordance with their contractual clauses. Both parties will have a say in the use of the retained guarantee according to the criteria for charging the driver for costs generated by the use of the vehicle such as fines, tolls, damages, deductibles, among others.
8. Insurance and damages to the vehicle or third parties.
TripWip is not an insurance company and does not insure Owners or Drivers, with the Owner and the driver being insured by the policy provider. This can be contracted by the owner if they are a commercial host, or through Río Uruguay Seguros, a company authorized by the Superintendence of Insurance of the Nation that provides a policy for rentals through TripWip.
The insurance coverage is intended to protect Owners and Drivers for damages caused to their vehicle or to third parties within the national territory (except in cases of exclusion according to the provisions of the insurance contract policy).
The Driver will be liable to the Owner for all damages suffered to the vehicle or to third parties during the rental period that are not covered by the insurance policy.
The Driver acknowledges that they will be the only civil or criminally responsible party and will hold TripWip and the Owner harmless for any damages or penalties that may arise from their acts or omissions while using the vehicle.
In particular, and without limitation, the Driver will be liable for civil or criminal responsibility that may be attributed to them for violations or damages to the vehicle or third parties arising from the consumption of alcohol, drugs, medications, or other substances that may affect their driving ability, as well as violations of traffic regulations or any other wrongful or negligent actions that are not covered by the insurance policy.
In the event that any damage suffered by the vehicle or third parties is covered by the Insurance, the Driver must assume all costs associated with the payment of the deductible, excess, or other costs related to the activation of the Insurance, which are valued according to the commercial value of the vehicle, with a maximum of 5% of its value and capped as follows: 1125 USD for Sedan or Compact cars, 1600 USD for SUVs, and up to 3500 USD for luxury cars, which may be deducted from the Guarantee or billed in accordance with the provisions of clause 17 (Mediation in conflicts and impact on the Guarantee).
The Driver must always report damages to the insurance company and also report any incident to the Platform. If the Owner identifies damages not reported by the Driver, they will have a period of 24 hours to report it to the Platform and request a review.
Rentals will be subject to the insurance policy that the Owner has contracted, with the required coverage being full coverage. In the event of accidents or claims from third parties during the rental period, the parties must proceed according to the provisions of the insurance contract policy. Additionally, the Commercial Owner of the rental vehicle may require the Driver to accept additional conditions to ensure the integrity and safety of the insurance policy service.
These additional conditions may include, but are not limited to:
Identity and Background Verification: the Owner may request the Driver to present additional documentation to verify their identity and background, such as identification document, valid driver's license, and criminal background certificate.
Compliance with Safety Regulations: the Driver must accept and comply with all safety regulations established by the Owner Company, including but not limited to the use of seat belts, adherence to speed limits, and other current traffic regulations.
Preventive Maintenance and Periodic Inspections: the Owner may require the Driver to adhere to a preventive maintenance schedule and periodic inspections of the vehicle, thus ensuring its proper functioning and safety during the rental period.
Incident Reports: In the event of any incident, accident, or damage to the vehicle, the Driver must report it immediately to the Commercial Owner and follow the established procedures for managing claims and accidents.
Exclusive Use by Authorized Driver: The Driver must agree that the vehicle may only be used by the person authorized in the rental agreement, and subleasing or transferring to third parties without the express consent of the Commercial Owner is prohibited.
Usage Restrictions: the Owner may establish specific restrictions on the use of the vehicle, such as geographical limits, use in risky activities, and adverse weather conditions.
Failure to comply with these additional conditions by the Driver may result in the immediate termination of the rental agreement and the Driver's liability for any resulting damage or loss. Acceptance of these additional conditions will be an essential requirement for formalizing the rental to companies through the TripWip platform.
In the event of material damage to the vehicle or theft of the same, the Driver must immediately notify the competent police authority, as well as the Owner and TripWip. The Driver agrees to cooperate with the police authorities and with the Owner and TripWip in any investigation related to the incident.
Coverages:
Below we detail the coverage of the policy contracted with Río Uruguay Seguros (RUS), complying with the current regulations established by Resolution S.S.N. N° 551/2024.
Validity: 01/08/2025 to 01/08/2026 – Use: rental between individuals through Tripwip.
Includes:
- Civil Liability: Up to $160,000,000 per event for injuries/death of transported and non-transported third parties and damages to third-party property. Includes mandatory insurance Law 24.449.
- Damages, Fire, Theft or Burglary: Coverage for total and partial loss.
- Deductible: 5% of the insured sum for partial damages (except fire and partial theft/burglary, with no deductible).
- Hail: Up to the insured sum, 2 annual events.
- Glass and locks: Replacement to new, up to 3 annual events.
- Wheels: Replacement of up to 4 wheels per theft/burglary per year, without depreciation.
- Misappropriation: Covers non-return of the vehicle by an authorized person. Limit $25,000,000, deductible $5,000,000 (1 event/year).
- Assistance: Mechanical assistance for breakdown or accident (according to conditions), transportation, extraction, and assistance in neighboring countries. Includes traveler assistance for immobilization of the vehicle.
- Maximum insured sum: $50,000,000 per unit.
Repairs:
The resolutions issued by the workshops associated with the insurance company contracted by the owner will be considered objective and impartial in relation to the parties involved. Such resolutions will be assumed as the most accurate, fair, and responsible solution, ensuring quality in the repair of the vehicle and prioritizing transparency throughout the process.
Types of insurance:
In the event of an accident, the party responsible for paying the deductible is the Driver of the rental. TripWip is not an insurer nor does it issue insurance policies. However, we offer products and services designed to mitigate risks and reduce costs associated with the use of the insurance policy of hosts and drivers on our platform. The premium insurances available through TripWip do not replace the coverage of a traditional insurance policy, but rather function as complementary solutions that may include: Reduction of costs for deductibles in the event of accidents. Assistance in managing incidents. Additional protection against certain events not covered by standard policies. The types of additional coverages that the driver can acquire on the platform are: basic, gold, and premium.
What does each insurance cover?
Basic: It is the base insurance policy and includes total protection for your trip. 1500 USD for sedan or compact cars, 1800 USD for SUVs, and 3500 USD for luxury cars.
Civil liability
Protection against damages
Does not cover:
Windshield, glass, lights, and tires protection
Lost key
Medical expenses
Gold: Deductible 750 USD for sedan or compact cars, 900 USD for SUVs, and 1750 USD for luxury cars.
Liability insurance
Damage protection
Passenger medical expenses
Does not cover:
Windshield, glass, lights, and tire protection
Lost key
Platinum: Deductible 500 USD for sedan or compact cars, 480 USD for SUVs, and 1300 USD for luxury cars.
Liability insurance
Damage protection
Passenger medical expenses
Windshield, glass, lights, and tire protection
Lost key
To know the details and scope of each clause according to each policy, including commercial hosts, it is the user's responsibility to request additional information from the TripWip team.
9. Vehicle conditions for rental
By accepting these terms and conditions, the Owner declares and guarantees that the vehicle offered for rent meets the following conditions: General condition: The vehicle is a maximum of 10 years old, is in perfect mechanical and structural condition, suitable to be driven safely by a third party, without presenting risks for its use. Originality of parts: All parts of the vehicle are original or equivalent approved by the manufacturer, including brake systems, suspension, tires, and any other critical component for safety. Maintenance: The vehicle has received proper maintenance according to the manufacturer's recommendations and does not present known defects at the time of being included on the platform. Disclaimer: TripWip will not be responsible or manage the collection from the driver for mechanical failures during a rental in the case of vehicles that are more than 10 years old or have more than 150,000 kilometers that have not been mechanically verified in a workshop validated by the platform prior to publication. The Owner understands and accepts that, in the absence of this review, any mechanical failure will be assumed exclusively by the Owner, according to point 9.1 (mechanical failures)
9.1 Mechanical failures.
To protect the interests of hosts and drivers, TripWip establishes the following protocol in cases of mechanical failures: 1. Initial Assessment and Guarantee Retention If the host suspects that a mechanical failure was caused by misuse by the driver, they can request a mechanical assessment at the official workshop indicated by TripWip. At the time of reporting the failure, the amount of the driver's guarantee will be retained while the evaluation is conducted. The host has a period of 7 days from the return of the vehicle to carry out the assessment and report the findings to TripWip. 2. Coordination and assumption of transportation costs In case the vehicle requires transportation to the workshop: The host will initially assume the transportation costs until the responsibility for the failure is confirmed through the assessment. If the assessment determines that the failure was caused by misuse by the driver, the host may recover these costs from the amount retained from the driver. If it is concluded that the failure is a result of normal wear and tear of the vehicle or negligence of the host (such as lack of maintenance), they must assume the costs in full. 3. Mechanical assistance In case of mechanical failures during a rental, the Driver must first contact the Host to use their private assistance service for a more detailed mechanical evaluation, which must be conducted at an authorized workshop. 4. Guarantee of Collection Management for mechanical failures TripWip will manage the collection of repair costs from the driver as long as the vehicle meets the requirements established in the terms and conditions of TripWip (see section "Vehicle Requirements"). 5. Counter-assessment by the Driver The driver has the right to request a counter-assessment to dispute the result of the initial assessment and verify responsibilities. If the counter-assessment determines that the failure was not caused by the driver, they will recover the retained amount. 6. Dispute Resolution In case of discrepancies between assessments, TripWip may designate a workshop or independent expert to issue a final ruling. The decisions made by TripWip will be final and binding for both parties.
10. Vehicle Use Conditions.
The Driver agrees to:
- Not allow unauthorized third parties by the Platform to drive the vehicle.
- Respect traffic laws and road safety regulations.
- Not use the vehicle for commercial purposes not authorized by the Owner.
- Not participate in competitions, races, or any activity that involves extreme use of the vehicle.
- Not transport illegal or dangerous substances.
- Cases of misuse of the vehicle:
- Ignore dashboard warnings: Not acting on visible signs of problems can worsen mechanical failures.
- Sudden accelerations or aggressive driving: This type of driving generates unnecessary wear on the vehicle.
- Overloading the vehicle: Carrying more passengers or cargo than allowed can cause structural or mechanical damage.
- Not following the Owner's or Platform's recommendations: Such as checking fluid levels or avoiding specific harmful practices.
- Using incorrect or low-quality fuel: This can negatively affect engine performance and essential components.
- Leaving the vehicle in poor condition: For example, returning the car with insufficient fuel levels or in extremely dirty conditions.
- Not reporting mechanical failures in a timely manner: Ignoring or delaying the report of problems can worsen damages that would be avoidable.
- The Owner is responsible for keeping the vehicle in safe and operational conditions. The Driver must notify the Owner and TripWip of any mechanical problems or maintenance needs that arise during the rental.
- The Driver may not make repairs on their own without prior authorization from the Owner or Commercial Owner.
The Owner is responsible for keeping the vehicle in safe and operational conditions. The Driver must notify the Owner and TripWip of any mechanical problems or maintenance needs that arise during the rental. The Driver may not make repairs on their own without prior authorization from the Owner.
11. Tolls and fines.
Drivers are responsible for covering the costs of tolls and any fines applied for violating traffic regulations during the rental period. All vehicles published on the Platform must have an activated toll pass. At the time of vehicle delivery, the Owner will agree with the Driver on the amount to be charged on the toll platform, and the Driver will have to assume this cost by paying it directly to the Owner.
If during the rental period, the vehicle incurs fines for traffic violations or debts for unagreed tolls, the Driver must assume their responsibility and pay the money directly to the Owner, demanding the corresponding payment receipts. If this does not occur, the Owner may report the fine to the Platform and request reimbursement, in which case the charge will be ordered on behalf of the Owner or Commercial Owner, and upon verification, TripWip will generate the charge directly to the driver's payment method. The Owner will have up to 90 days from the date published in the vehicle transport registry system of the Republic of Argentina to claim a traffic violation fine from the Platform. Once the Driver is informed of the corresponding debt related to the rental, they must settle the debt immediately, and the Platform will have 20 business days to pay the Owner the amount recovered for the fine.
The Driver accepts and acknowledges that the Guarantee and any charge ordered in accordance with the provisions of the previous section are made on behalf of the Owner. In accordance with the above, decisions regarding any withholdings or payment orders are the sole responsibility of the Owner. In case of disagreement with the decision made, the Driver must claim directly from the Owner or Owner, without prejudice to any mediation that TripWip may exercise to attempt to resolve the conflict.
12. Reservation procedure.
The Driver wishing to reserve a vehicle must select it using the following filters included in the platform: area, type of vehicle, delivery mode, return mode, and rental dates. TripWip will inform the available vehicles according to the Driver's needs, indicating the total price of each. The Driver will proceed to choose the vehicle and make the reservation, paying through the MercadoPago platform a fraction of the total rental amount. TripWip will send a request to the Owner, who must accept or reject the reservation within a period of up to 8 hours. The Driver can make multiple reservations, but after one of them is confirmed, they must cancel the other pending ones. After the reservation is accepted, TripWip will issue on behalf of the Owner the collection order and the corresponding Guarantee allocation, to finally put Owners and Drivers in contact, so they can coordinate how the Driver will pay the Owner the remaining balance of the rental price, demanding the corresponding receipt from the Owner if necessary.
13. Payment method.
With the Owner's confirmation, the Driver will receive a notification requesting approval of the payment for the remaining amount of the rental through MercadoPago, making the reservation effective and requiring coordination between the Owner and the Driver on how the remaining balance will be paid. The Driver agrees that their payment method will be memorized and tokenized by MercadoPago, ensuring complete confidentiality. TripWip may use this memorization to collect payments on behalf of the owners as outlined in clauses 6, 8, and 9. The Platform reserves the right to select which types of cards will be enabled as payment methods on the platform, at its sole discretion. TripWip is not responsible for any additional charges that may arise due to currency conversion when charging through the MercadoPago payment platform.
14. Cancellation of a reservation.
The Driver may cancel a reservation up to 48 hours before the start date of the rental, and TripWip will instruct the payment platform (MercadoPago) to refund the payment made, deducting any chargebacks and other costs arising from the reservation and refund operations charged by the payment method (MercadoPago), which will be borne by the Driver.
Any rental canceled with less than 48 hours' notice, or even during its execution, will not generate any refund from the payment platform used (MercadoPago), TripWip, and/or the Owner to the Driver.
In the event that the Owner or Commercial Owner fails to deliver the vehicle in the agreed conditions for any reason not attributable to the Driver, the Driver may choose to: (i) accept, subject to availability, another vehicle listed on the platform with similar characteristics, without TripWip guaranteeing the existence of a replacement or assuming additional costs or price differences; or (ii) request the Owner or Commercial Owner to refund the money paid for the rental, including the reservation.
In the case of a refund being applicable, it will be made to the payment method charged by the Driver on the Platform. Once the refund is processed from the MercadoPago platform, the amount may take between 5 and 10 days to reflect on the user's account statement.
15. Delivery and return of the vehicle.
Owners and drivers will coordinate the delivery and return points of the vehicle. Upon delivery of the vehicle, the Driver must make the payment of the outstanding amount for the rental, as established in clause 12 (Payment method). The Owner will provide the Driver with a set of keys and all necessary documentation and items for circulation (copy or original of the ownership booklet, copy of the insurance policy, first aid kit, regulatory beacon, spare tire, jack, and fire extinguisher (which must be tri-class, one kilogram, and powder), beacons manufactured under the IRAM regime), which will be returned along with the vehicle at the end of the rental. Additionally, at the beginning, under the supervision of the Owner, the Driver must take the following photos of their vehicle from the Platform: front, rear, right side, left side, front interior, rear interior, mileage on the dashboard, and fuel level on the dashboard. In the event that the Driver does not take the corresponding photographs, they may be affected in case of disputes regarding the condition of the vehicle at the end of the rental and may eventually have to bear the costs for missing items, defects, or damages. Upon returning the vehicle, the Owner must inspect the vehicle and notify TripWip immediately within the first 24 hours after the rental ends if they find any missing equipment or damages through the means provided on the platform for this purpose. Additionally, at the end of the rental, the Owner will have 24 hours to take the following photos of their vehicle from the Platform: front, rear, right side, left side, front interior, rear interior, mileage on the dashboard, and fuel level on the dashboard. If the Owner or Commercial Owner does not take the photos within this timeframe, they will be responsible for any missing items, defects, or damages and will not be able to claim against the Driver or TripWip.
16. Interruption of the rental
Only the Driver has the option to interrupt the rental during the contract period for personal reasons, which will not generate the right to obtain any refund of the price, chargebacks, or any other associated costs from the payment platform used (MercadoPago), TripWip, or the Owner.
In the event of opting for an early interruption of the rental, the Driver must contact the Owner to coordinate the early return of the vehicle, under the terms of clause 13 (Delivery and return of the vehicle). Notwithstanding the above, when the reasons for the interruption are due to breaches of the conditions to which the Owner is obligated or the impossibility of using the vehicle for the purposes specified in the offer (including external causes not attributable to the Owner or any cause not attributable to the Driver), the provisions regarding cancellation by the Owner or in clause 12 (Cancellation of a reservation) will apply.
17. Reporting damages or incidents with the vehicle.
Any incident that occurs during the rental period must be reported immediately (before taking any action by the Driver) to the Owner and TripWip through the channels provided on the Platform for such purposes and to the corresponding insurance company. In the case of Argentina, the driver will have contact information for the insurance company on the platform. This must be in the event of an accident or any type of incident that affects the integrity of the vehicle, regardless of its magnitude, in order to request the intervention of the Insurance if necessary.
If there are third parties involved in the incident, it is the Driver's responsibility to ensure that those third parties file the corresponding claims with their own insurance, in order to properly manage coverage and enable the waiver of the deductible payment, if applicable.
Compensation for lost profits: In the event of an accident that affects the availability of the vehicle, TripWip is not responsible for economic compensation arising from the loss of income from unfulfilled rentals or for the provision of a replacement vehicle. The host assumes that, in the event of such an occurrence, they may be temporarily unable to operate their vehicle on the platform, without this generating an obligation for compensation from TripWip.
18. Mediation in conflicts and affecting the Guarantee.
In the event of identifying missing equipment or damages to the vehicle during the rental or at the time of vehicle delivery, the Owner may order at their own discretion the affecting of the Guarantee or, if applicable, order the collection of damages to the card provided and memorized by MercadoPago within a period of up to 96 business hours after the incident occurred or after the rental has ended. In such a case, the Driver agrees that TripWip will not be able to effect the return of the Guarantee to the Driver. However, it will mediate between both parties to seek an agreed solution to the conflict. By this, the Driver accepts this form of mediation and acknowledges that they will accept as valid the definitions of TripWip that the Owner accepts as valid to resolve the conflict.
The Driver accepts and acknowledges that the Guarantee does not constitute a cap or limit on compensable damages and may not be adequate or sufficient to cover all damages suffered. The Driver must be liable to the Owner for all damages suffered by the vehicle during the rental period that are not covered by the insurance policy contracted by the Owner. In the event that the damages are covered by the Insurance, the Driver must assume all costs associated with the payment of the deductible, which may be deducted from the Guarantee or billed to the card provided by the Driver.
For TripWip to manage the corresponding charge for damages to the vehicle, the following requirements must be met: That the Driver and the Owner file the relevant report with the vehicle's insurer. That the incident is reported through the TripWip application. In cases where a third party is responsible for the accident, the Driver must exclusively collect the necessary information from the third party involved, including: - Name and surname of the third party. - Contact number. - License plate of the third party's vehicle. - Other information requested by the insurer. The lack of this information may prevent the driver from being exempted from the cost of the deductible. Additionally, without this information, the withheld guarantee cannot be returned until the final resolution of the process. The responsibility for filing the report and providing the necessary information lies with both the Driver and the Owner. TripWip may transfer the corresponding charge to the Owner only if: It has the report made to its insured. It has a repair quote for the damage.
19. Claims, Charges, and Sanctions.
The parties may file a claim for the following reasons:
1. Traffic accident.
2. Partial or minor damages to the vehicle.
3. Fines.
4. Tolls.
5. Vehicle cleaning.
6. Excess mileage (max. 300 KM per day).
7. Misconduct (not responding, not meeting conditions, etc.).
8. Problem with the delivery/return schedule.
9. Returns due to cancellation.
10. App functionality claims.
For the different claims, TripWip may apply the following charges or penalties to the corresponding parties, considering the respective service fees:
1. Fines: The value of the fine + an administrative fee of 25 USD, which will be charged to the driver.
2. Tolls: The value of the tolls + an administrative fee of 5 USD, which will be charged to the driver.
3. Vehicle Cleaning: A charge from 10 USD to 25 USD depending on the condition of the vehicle will be applied to the driver. 100% of this amount will be given to the host.
4. Excess Mileage: Each extra kilometer will cost 0.15 (USD), which will be charged to the driver. From the total payment to the host, 7 USD will be deducted as a claim management fee.
5. Misconduct: The user's account (driver or host) may be terminated after an evaluation.
6. Delays in Delivery/Return: A charge of 10 USD will be applied for each hour of delay. This amount will be divided into 5 USD for the affected party (driver or host) and 5 USD for TripWip.
7. No Show: The total reservation amount will be charged to the driver, with no refund. The host may request 50% of this amount as compensation. This compensation will only be valid if requested within 24 hours after the rental begins.
8. Cancellations:
If the driver cancels the rental within 48 hours prior to its start, the total reservation amount will be charged, with no right to a refund. The host may request compensation equivalent to 50% of the total reservation amount, and this claim must be made within 48 hours after the cancellation. After this period, the right to request such compensation will be lost.
However, if the cancellation is made within 15 minutes after the rental confirmation, TripWip may, at its sole discretion and as an exception, grant a full refund to the driver, provided it considers there are reasonable grounds for it (such as a booking error, immediate booking of another rental, or urgent situations). In these cases, no compensation will be due to the host nor the payment of 50% of the reservation.
9. Improper use or appropriation of the vehicle: Improper use or appropriation of the vehicle is considered any situation in which the driver: Keeps the vehicle in their possession beyond the rental period without the express and documented authorization of the host. Refuses to return the vehicle despite explicit requests from the host or TripWip. Makes modifications, transfers outside permitted areas, or unauthorized uses as established in these Terms and Conditions. In these cases, TripWip reserves the right to apply additional penalties beyond those established for delays, as well as suspend or cancel the driver's account and take appropriate legal actions. Furthermore, when the driver engages in this type of conduct and TripWip fails to collect the amounts associated with the hours or days of improper use, the platform may compensate the host for the equivalent of the daily rental value of the vehicle for each additional day of unauthorized use, up to a maximum of 2 days, provided the host has not contributed, by action or omission, to such a situation. Under no circumstances will an extension of rental be considered valid if it was not processed through the platform or confirmed in writing through TripWip's official channels. Agreements outside the app, even if verbal or informal, will not be valid for claims.
20. Ratings.
Once the rental is completed, the Driver will have the opportunity to rate the Owner. This rating will be part of the Owner's profile and will serve as a guide for future Drivers. Additionally, the Driver agrees that upon completing a rental, the Owner will have the opportunity to rate them, which will also serve as a reference for other Owners when requesting future rentals. TripWip reserves the right to edit and/or delete any comments deemed inappropriate or offensive. Furthermore, it maintains the right to exclude or sanction those Drivers or Owners who are subject to repeated negative comments.
21. Security and data protection.
TripWip uses technology to protect the information provided by Drivers. The Personal Data registered on the Platform will not be transferred to third parties without prior authorization from the User and will be treated exclusively by TripWip, except for access to data that may be necessary for the rental (to the Owner), for the provision of Insurance, or to manage payments and refunds through the payment method (MercadoPago). TripWip will implement reasonable technical, physical, organizational, and legal measures to preserve the security of the personal data required from users, which can be consulted in our Privacy Policies. TripWip will assume the responsibilities that may correspond to it, derived from the applicable legislation on Personal Data protection, based on the following principles: (i) the Personal Data that TripWip delivers to the subjects mentioned in the previous section will be the exclusive property of TripWip; (ii) the delivery of Personal Data by TripWip, by any means, will not be considered a data communication, but rather simple access to the same as a necessary element for the provision of Services. It is important to highlight that vehicle owners who sign this terms and conditions agreement will be subject to tax obligations for the income obtained through rental contracts. Therefore, TripWip requests that they comply with their corresponding tax responsibilities.
23. Limitation of liability.
TripWip is not a party to the rental contract between the Owner and the Driver and is not responsible for the publication of the vehicle, nor for the perfection or execution of said contract. The Driver agrees that any act performed by TripWip in relation to the rental in accordance with these TCG (among others: contracting the Insurance, holding the Guarantee, collections for accidents, fines, tolls, fuel shortages, or exceeding the mileage limit) will be carried out on behalf of and at the order of the Owner, who is the only responsible party to whom claims may be made in case of dissatisfaction. TripWip will not be responsible for the fulfillment or control of the obligations assumed by Owners and Drivers. Each Owner is solely responsible for managing all permits or authorizations required by national and/or departmental authorities to offer their vehicle for rental, as well as any other legal, regulatory, or contractual obligation related to the use of their vehicle. Therefore, when completing rentals, they do so in their own name and at their own risk and responsibility. Assignment of Management: The owner of the vehicle registered on TripWip acknowledges and accepts that, in case of delegating the management of their vehicle(s) to a third party for the management of reservations, rentals, or any other operation within the platform, such assignment is their exclusive responsibility. TripWip is exempt from any responsibility arising from errors, breaches, conflicts, or damages that may arise from acts or omissions of the administrator designated by the owner. The owner must ensure that the administrator acts in accordance with the terms and conditions of the platform and will be jointly responsible for any obligation or harm arising from that relationship. TripWip will not be responsible for any aspect related to the vehicles or rentals, including but not limited to the existence, quality, quantity, condition, integrity, or legitimacy of the vehicles offered by the Owners, the ability to contract of the Owners and Drivers, or the truthfulness of the personal data provided by them. The Driver accepts and acknowledges that the software and computer equipment (or hardware) are subject to failures, whether in their own operation or that of their systems. They also acknowledge and accept that there are no anti-fraud or encryption systems that cannot be circumvented or violated in some way. Consequently, they fully assume that they must permanently adopt the preventive measures that are usual in the activity, in order to avoid that failures in the Platform and the associated software or hardware cause any type of damage or harm to them or cause it to third parties. In accordance with the above, the Driver accepts and acknowledges that there may be restrictions or interruptions of the Services and access to the Platform caused by failures or incidents described in the previous section, as well as those caused by updates or improvements to the Platform, and that these will not generate any right to compensation or reduction and/or waiver of the amounts they owe to TripWip.
24. Modification of the Terms and Conditions.
Drivers and Owners are aware that TripWip may modify these Terms and Conditions at any time it deems appropriate without the need to inform Drivers and Owners about such modification. The current version of them will be available on the Platform, and it is the obligation of Drivers and Owners to review them periodically. It is made clear that the use of the Platform implies acceptance of the Terms and Conditions in effect at the time of use.
These Terms and Conditions will be understood as accepted at the moment the Owner begins to use the Platform and will remain in effect until it is canceled or deactivated. TripWip reserves the right to deactivate the TCG, as well as to modify them at any time and/or deactivate the Platform or temporarily suspend its use, without this generating any possibility of claim or compensation in favor of the Owner.
25. Dispute Resolution.
In the event of any dispute between the Parties, the jurisdiction of the Ordinary Courts of the City of Buenos Aires or the corresponding province is established, and the conflict is subject to the laws of the Argentine Republic.