Terms and Conditions - Uruguay

1. Definitions
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Driver: refers to 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.

Commercial Owner: any legal entity or organization wishing to lease a vehicle they own.

Platform: includes all the 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 intermediary services provided by TripWip to Drivers and Owners to facilitate the rental contracts of the Owner's vehicle(s), 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 or Commercial 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 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, Commercial 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
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TripWip provides Owners, Commercial Owners, and Drivers with a Platform that allows the Owner to communicate with the Driver in order to rent vehicles from the Owner 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 intermediary Services between Owners and Drivers, without being a party to or intervening in the 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 the provision of passenger transport services through intermediary 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 accident, 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.

Furthermore, it is established that vehicles manufactured in 2013 or earlier are excluded from any liability on the part of TripWip regarding coverage for accidents, damages, thefts, mechanical failures, or other risks associated with the use of the vehicle. All responsibility for the condition of the vehicle, as well as for any event occurring during the rental, will fall exclusively on the Owner/Host who has decided to offer that vehicle through the Platform, who expressly assumes the associated risks.

3. Conditions for registration
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To register as a Driver, it is required to be over 19 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 (Stripe). If the Driver represents a legal entity, a RUT number will be required, which will be used to issue the invoice for the Services provided.

4. Account creation.
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To use the services of TripWip, 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 RUT 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, a video with biometric verification, 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 if 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.

5. Rental price.

The rental price is set by the Owner or Commercial 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 $5 (five Uruguayan pesos) per kilometer.

In 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 and penalty for excess, but this must be detailed in the car's publication, in its description.

The Owner or Commercial Owner agrees to deliver the vehicle to the Driver with a full tank of fuel. For their part, the Driver must return it in the same manner.

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 more than ¾ $500, tank less than ¾ but more than ½ $1500, tank less than ½ $2000.

For Commercial Owners, the daily rental price detailed on the Platform includes unlimited mileage. The Owner agrees to deliver the vehicle to the Driver with a full tank of fuel. For their part, the Driver must return it in the same manner. 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 of each country for a maximum of 50 liters.

In all cases, the Owner or Commercial Owner must charge the Driver the amounts corresponding to fuel shortages or excess mileage at the time of delivery, providing the corresponding receipt. In case of discrepancies between the Owner and Driver, the provisions established in clause 13 (Delivery and return of the vehicle) must be followed, and mediation by TripWip may be requested, and eventually, the charge may be made on behalf of the Owner 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 conditions in which the vehicle was received. In this case, the charges for fuel shortages mentioned above will not apply.

10. Guarantee.
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At the time of reserving 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 USD 300 and USD 800 (three hundred and eight hundred US dollars) as a guarantee. The hold will be effective on the day of the initial delivery of the vehicle and will be released between five and ten business days after its return, provided that no incidents, damages, claims for fines, tolls, fuel shortages, or exceeding the mileage limit are reported by the Owner or Commercial Owner within that period.

This franchise hold on the application and use of the franchise retained by TripWip is for the use of the Commercial Owner and TripWip regarding the criteria of each company offering the service in relation to the partnership, according to their contractual clauses. Both parties will have intervention over the use of the retained guarantee/franchise according to the criteria for charging the driver for charges generated by the use of the vehicle such as fines, tolls, damages, deductibles, among others.

11. Insurance and Damage to the Vehicle or Third Parties.
The rental through the Platform is subject to the prior contracting of a Motor Insurance policy that will be contracted by TripWip on behalf of the Owner. TripWip is not an insurance company and does not insure Owners or Drivers, with the Owner being the insured by the policy provider.

The Insurance coverage is intended to protect Owners from damages caused to their vehicle or to third parties within the national territory (except in cases of exclusion according to the provisions established in the Insurance contract policy).

The Driver must respond 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 declares to know that they will be solely civilly or criminally liable and will hold TripWip and the Owner harmless for any damages or penalties that may arise from their acts or omissions committed while using the vehicle. In particular, and without limitation, the Driver must respond for civil or criminal liability 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 action that is 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 franchise, deductible, or other costs related to the activation of the Insurance which amount to USD 800 for the protection of Sancor Seguros in Uruguay, which may be deducted from the Guarantee or billed in accordance with the provisions established in clause 17 (Mediation in conflicts and affecting the Guarantee).

The Driver must always report damages to the Insurance company and also report any incident to the Platform. In case 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 its review.

For commercial owners, rentals will be subject to the Insurance policy that the Commercial Owner has contracted, without TripWip acting on behalf of the Commercial Owner in this case. In the event of incidents or claims from third parties during the rental period, the parties must proceed according to the provisions established in the Insurance contract policy. Additionally, the Commercial Owner of the rental vehicle may require the Driver to accept additional conditions to guarantee the integrity and security of the insurance policy service.

These additional conditions may include, but are not limited to:

Identity and Background Verification: the Commercial Owner may request the Driver to present additional documentation to verify their identity and background, such as an identity card, 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 rules.

Preventive Maintenance and Periodic Inspections: the Commercial 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 claims and incident management.

Exclusive Use by Authorized Driver: The Driver must agree that the vehicle may only be used by the person authorized in the rental contract, and subleasing or transferring to third parties without the express consent of the Commercial Owner is prohibited.

Usage Restrictions: the Commercial Owner may establish specific restrictions on the use of the vehicle, such as geographical limits, use in high-risk activities, and adverse weather conditions.

Failure to comply with these additional conditions by the Driver may result in the immediate termination of the rental contract and the Driver's liability for any resulting damage or loss. Acceptance of these additional conditions will be a prerequisite for formalizing the rental to companies through the TripWip platform.

In the event of material damage to the vehicle or theft of the vehicle, 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.

Repairs:

The resolutions issued by the workshops associated with TripWip will be considered objective and impartial regarding the parties involved. Such resolutions will be assumed as the most accurate, fair, and responsible solution, ensuring quality in the vehicle repair and prioritizing transparency throughout the process.

Management Fee:

For each reported incident, a fixed service fee will be applied for its management, according to the following scale:

This fee will be charged to the driver and covers the administrative and operational costs associated with coordinating the incident, ensuring efficient and transparent management for all parties involved.

Compensation for Lost Profits: In the event of an incident 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 substitute 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.

Types of Insurance: In the event of an incident, the person responsible for paying the deductible is the Rental Driver. Below we detail the different types of insurance plans that the driver can purchase on the Platform and their coverage for expenses related to an incident:

- Basic

- Gold

- Premium

What does each insurance cover?

Basic

- Deductible cost 800 USD

- Liability coverage

- Damage protection

Does not cover:

- Medical expenses for passengers

- Windshield, glass, lights, and tire protection

- Lost key

Gold

- The driver is responsible for up to 400 USD of the deductible. If damages exceed this amount, TripWip covers up to an additional 400 USD.

- Liability coverage

- Damage protection

- Medical expenses for passengers up to 5000 USD.

Does not cover:

- Windshield, glass, lights, and tire protection

- Lost key

Platinum

- Deductible 0 USD

- Liability coverage

- Damage protection

- Medical expenses for passengers up to 5000 USD.

- Windshield, glass, lights, and tire protection

- Lost key

In the event that the insurer denies coverage and TripWip, after reviewing the case, considers that the denial is unjustified and that compensation is warranted, TripWip may assume, in an extraordinary manner and at its sole discretion, up to 85% of the commercial value of the affected vehicle. This measure does not apply in situations where the denial is due to serious breaches by the driver, such as driving under the influence of alcohol or prohibited substances, improper use of the vehicle, or any other cause expressly excluded by the insurance policy.

9. Vehicle Conditions for Rental

By accepting these terms and conditions, the Owner declares and guarantees that the vehicle offered for rental meets the following conditions:

General Condition:

The vehicle is in perfect mechanical and structural condition, suitable for safe driving 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 the braking systems, suspension, tires, and any other critical component for safety.

Maintenance: The vehicle has received adequate maintenance according to the manufacturer's recommendations and does not present known defects at the time of being included on the platform.

Mandatory inspection for vehicles over 10 years old or 150,000 kilometers: Vehicles that exceed 10 years of age or have traveled more than 150,000 kilometers must undergo a technical inspection at the official TripWip workshop, which will be conducted at the Owner's expense and order. This inspection will not be an exclusive requirement for the vehicle to be approved on the platform, but it will be mandatory for TripWip to manage payment in the event of a possible mechanical failure, according to what is established in point 9 (Mechanical Failures) of these terms and conditions.

Scope of the inspection at the official TripWip workshop: The inspection will include the evaluation of the main systems of the vehicle, such as engine, brakes, suspension, steering, and tires, among others. TripWip will issue a report on the condition of the vehicle, which must be considered by the Owner to make necessary repairs or adjustments before continuing to offer the vehicle on the platform.

Disclaimer of Liability: TripWip will not be responsible nor will it manage the collection from the driver for mechanical failures during a rental in the case of vehicles that are over 10 years old or have 150,000 kilometers if they have not undergone the inspection at the official TripWip workshop. The Owner understands and accepts that, in the absence of this inspection, any mechanical failure will be assumed exclusively by the Owner, according to point 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 Security Deposit Retention If the host suspects that a mechanical failure was caused by improper use by the driver, they can request a mechanical assessment at the official workshop indicated by TripWip. At the time of reporting the failure, an amount of up to 800 USD may be withheld from the driver as a guarantee 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 improper use by the driver, the host may recover these costs from the amount withheld from the driver. If it is concluded that the failure is a result of normal wear and tear on the vehicle or negligence by the host (such as lack of maintenance), they will have to bear the costs in full.

In case of mechanical failures during a rental, the driver should first contact the host to use their private assistance service, if they have one. Otherwise, they should request the Auxicar service by calling 2618 0000 – Option 1, mentioning that it is a vehicle rented through TripWip. Auxicar will verify the existence of an active rental through the vehicle's license plate number and, if necessary, will proceed with the assistance or transportation of the vehicle to the location indicated in the rental information. The cost of the service will initially be covered by TripWip, and subsequently, the responsibility for payment (Driver or Host) will be determined based on the primary diagnosis of the service. This diagnosis will only include obvious failures, such as battery discharge due to lights left on. If a more detailed mechanical evaluation is required, it must be conducted at an authorized workshop.

Applicable rates:

Assistance or transportation service in the Metropolitan Area: $1,650 + VAT

Assistance or transportation service in the Interior: $1,950 + VAT

Extra kilometer: $89 + VAT (Assistance radius: 20 km)

TripWip acts impartially when evaluating each case and will ensure the correct allocation of costs according to the diagnosis.

4. Collection Management Guarantee

TripWip will manage the collection of repair costs from the driver as long as the vehicle meets the requirements established in TripWip's terms and conditions (see section "Requirements for Vehicles").

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 withheld amount.

6. Dispute Resolution

In case of discrepancies between assessments, TripWip may designate an independent workshop or expert to issue a final ruling. Decisions made by TripWip will be final and binding for both parties.

14. Vehicle Use Conditions.
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The Driver agrees to:

- Not allow unauthorized third parties 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 improper vehicle use:

- Ignoring dashboard warnings: Not acting on visible signs of problems can worsen mechanical failures.

- Sudden accelerations or aggressive driving: This type of driving causes 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.

- Returning 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 could have been avoided.

- The Owner or Commercial Owner is responsible for keeping the vehicle in safe and operational conditions. The Driver must notify the Owner or Commercial 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 or Commercial Owner is responsible for keeping the vehicle in safe and operational conditions. The Driver must notify the Owner or Commercial 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.

15. Tolls and fines.
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Drivers are responsible for covering the costs of tolls and any fines incurred for violating traffic regulations during the rental period.

All vehicles listed on the Platform must have an activated toll pass. At the time of vehicle delivery, the Owner or Commercial 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 or Commercial Owner.

If during the rental period, the vehicle incurs fines for traffic violations or debts for unagreed tolls, the Driver must take responsibility and pay the money directly to the Owner or Commercial Owner, demanding the corresponding payment receipts. If this does not occur, the Owner or Commercial 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 by TripWip, the charge will be generated directly to the driver's payment method.

The Owner or Commercial Owner will have up to 2 months from the publication in SUCIVE to claim a traffic violation fine from the Platform.

Once the Driver has been 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 or Commercial Owner.

The Driver accepts and acknowledges that the Guarantee and any charges ordered in accordance with the provisions of the previous section are made on behalf of and at the request of the Owner or Commercial Owner. Accordingly, decisions regarding any withholdings or payment orders are the sole responsibility of the Owner or Commercial Owner. In case of disagreement with the decision made, the Driver must claim directly from the Owner or Commercial Owner, without prejudice to any mediation that TripWip may exercise to attempt to resolve the conflict.

16. Reservation Procedure.
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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 a fraction of the total rental amount through the Stripe platform. TripWip will send a request to the Owner or Commercial Owner, who must accept or reject the reservation within a period of up to 8 hours. The Driver can make multiple reservations, but once one of them is confirmed, they must cancel the other pending ones. After the reservation is accepted, TripWip will issue the collection order and the corresponding Guarantee on behalf of the Owner or Commercial Owner, and finally put Owners and Drivers in contact so they can coordinate how the Driver will pay the Owner or Commercial Owner the remaining balance of the rental price, demanding the corresponding receipt from the Owner or Commercial Owner.

17. Payment Method.
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With the confirmation of the Owner or Commercial Owner, the Driver will receive a notification requesting approval for the payment of the remaining amount of the rental through Stripe, making the reservation effective and needing to coordinate with the Owner or Commercial Owner and the Driver how the remaining balance will be paid.

The Driver agrees that their payment method will be stored and tokenized by Stripe, ensuring complete confidentiality. TripWip may use this storage to charge 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 a payment method on the platform, at its sole discretion.

TripWip is not responsible for any additional charges that may arise due to currency conversion in the payment through the Stripe payment platform.

18. 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 (Stripe) to process the refund of the payment made, deducting from the amount to be refunded any chargebacks and any other costs arising from the reservation and refund operations charged by the payment method (Stripe), 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 (Stripe), TripWip, and/or the Owner or Commercial 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 Stripe platform, the amount may take between 5 and 10 days to reflect on the user's account statement.

19. Delivery and return of the vehicle.
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Owners, Commercial Owners, and Drivers will coordinate among themselves the points of delivery and return 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). For their part, the Owner or Commercial Owners will provide the Driver with the vehicle: a set of keys and all necessary documentation and items for circulation (copy or original of the ownership booklet, copy of the SOA insurance policy, first aid kit, regulatory beacon, spare wheel, jack, and fire extinguisher (which must be triclase, 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 or Commercial 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 or Commercial 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.

20. Interruption of the rental.
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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 (Stripe), TripWip, or the Owner or Commercial Owner. In case of opting for an early interruption of the rental, the Driver must contact the Owner or Commercial 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 Commercial Owner or any cause not attributable to the Driver), the provisions regarding cancellation by the Owner or Commercial Owner in clause 12 (Cancellation of a reservation) will apply.

21. Reporting damages or incidents with the vehicle.
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Any incident that occurs during the rental period must be reported immediately (before taking any action by the Driver) to the Owner or Commercial Owner, to TripWip through the channels provided on the Platform for such purposes, and to the corresponding insurer. In the case of Uruguay, Sancor Seguros by calling the number 0800 8500. 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.

In the event that there are third parties involved in the incident, it will be the Driver's responsibility to ensure that those third parties file the corresponding reports to their own insurance, in order to properly manage coverage and enable the waiver of the deductible payment, if applicable.

TripWip works with the insurer and the workshops involved to repair the vehicle in a timely manner, although it does not guarantee specific repair timelines. The repair time may depend on external factors, such as the availability of spare parts, among others.
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In the event of damage, loss, or the need to replace a part of the vehicle during a rental, the corresponding compensation may be calculated based on the replacement value of that part in the condition it was in before the incident. This may imply that the compensation is partial when the part shows wear from use, and the value of a new part will not necessarily be taken as a reference. This policy aims to ensure a fair and proportional compensation criterion, considering the use and age of the vehicle components.

Recommended workshop policy (cases below the deductible): In incidents where the repair cost does not exceed the insurance deductible, TripWip recommends carrying out the repair at Taller Labruna, due to its quality, efficiency, and preferential conditions for platform hosts. If the host chooses to repair at Taller Labruna, TripWip may cover 100% of the quoted cost at that workshop. If the host opts to repair at another workshop, TripWip may compensate up to 75% of the value originally quoted by Taller Labruna, subject to verification of the damages and compliance with the established processes. This policy seeks to ensure the quality of repairs, optimize management times, and maintain the sustainability of the coverage system offered by TripWip in cases outside of insurance. In incidents that exceed the deductible, the host may freely choose among the workshops included in the official network of Sancor Seguros.

22. Mediation in conflicts and affecting the Guarantee.
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In the event of missing equipment or damages to the vehicle during the rental or at the time of vehicle delivery, the Owner or Commercial Owner may order at their own discretion the affecting of the Guarantee or, if applicable, order the charge of damages to the card provided and stored by Stripe within a period of up to 96 business hours after the incident occurred or after the rental has ended. In such 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 or Commercial Owner accepts, which they recognize as valid to end 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 incurred.

The Driver will be liable to the Owner or Commercial Owner for all damages suffered by the vehicle during the rental period that are not covered by the insurance policy contracted by the Owner or Commercial 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, excess, or other costs related to the activation of the Insurance, which may be deducted from the Guarantee or billed to the card provided by the Driver.

Requirements for mediation, activation of insurance, and cases of third-party liability:

For TripWip to mediate with Sancor Seguros and manage the corresponding collection for damages to the vehicle, the following is a mandatory requirement:

That the Driver and the Owner file the relevant report with Sancor Seguros.

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 involved third party, 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 retained Guarantee cannot be returned until the final resolution of the process. The responsibility to file the report and provide 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 filed with Sancor Seguros. It has a repair quote for the damage, which may be done at the workshop recommended by TripWip or at an official Sancor network workshop.

19. Claims, Charges, and Penalties.
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The parties may generate a claim for the following reasons:

1. Traffic accident.

2. Partial or minor damages to the vehicle.

3. Fines.

4. Tolls.

5. Cleaning of the vehicle.

6. Excess mileage (max. 300 KM).

7. Misconduct (not responding, not meeting conditions, etc).

8. Problem with delivery/return schedule.

9. Returns due to cancellation.

10. Claims regarding the functioning of the app.

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 $5 (UYU), 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:
In the event that 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, provided that such claim is made within 48 hours after the cancellation. After this period, the right to request such compensation will be lost.

9. Misuse or appropriation of the vehicle: Misuse 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 or refuses to return the vehicle despite explicit requests from the host or TripWip, makes modifications, moves outside permitted areas, or uses it in unauthorized ways 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 action. Furthermore, when the driver engages in this type of conduct and TripWip fails to collect the amounts associated with the hours or days of misuse, 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 and provided that 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 made outside the app, even if verbal or informal, will not be valid for claims.

All mentioned charges may be evaluated and modified according to the magnitude of the claim and the damages incurred.

23. Ratings.

Once the rental is completed, the Driver will have the opportunity to rate the Owner or Commercial Owner. This rating will be part of the Owner or Commercial Owner's profile and will serve as a guide for future Drivers.

Additionally, the Driver agrees that upon completion of a rental, the Owner or Commercial Owner will have the opportunity to rate them, which will also serve as a reference for other Owners or Commercial 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 or Commercial Owners who are subject to repeated negative comments.

24. Referral Program
The TripWip referral program allows Drivers and Hosts to earn benefits by inviting new users to the platform. The conditions apply exclusively within the territory of Uruguay.

If you are a Driver and refer:

- To another Driver: the referred user will receive an $800 discount coupon for their first rental of at least 2 days. Once this rental is completed, the referring Driver will also receive an $800 discount coupon.

- To a Host: if the referred Host completes their first rental for a minimum of 3 days, the Driver who made the invitation will receive a $1200 discount coupon to use on a rental of at least 3 days.

If you are a Host and refer:

- To a new Driver: users who rent a vehicle through the Host's link will receive an $800 discount coupon on their first rental of at least 2 days. This benefit does not affect the Host's earnings.

- To another Host: the Host who refers another will receive $1500 for each vehicle that completes its first rental of at least 3 days on the platform.

General Conditions:

- Rewards are activated only once the referred user meets the indicated conditions of the first rental.

- Discount coupons are personal, non-transferable, and cannot be combined with other promotions, unless TripWip indicates otherwise.

- Rewards are not redeemable for cash.

- TripWip reserves the right to modify, suspend, or cancel the referral program at any time without prior notice, as well as to annul rewards if it detects improper or fraudulent use.

Validity:

The program applies exclusively within the Uruguayan territory and will remain in effect until further notice.

25. Security and data protection.
TripWip uses technology to protect the information provided by the Drivers. The Personal Data registered on the Platform will not be transferred to third parties without prior authorization from the User and will be processed exclusively by TripWip, except for access to the data that may eventually be necessary for the rental (to the Owner or Commercial Owner), for the provision of Insurance, or to manage payments and refunds through the payment method (to Stripe). 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 current legislation applicable to the protection of Personal Data, 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 a simple access to the same as a necessary element for the provision of the Services.

26. Tax obligations:

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.

27. Limitation of liability.
TripWip is not a party to the rental contract between the Owner or Commercial 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 all acts performed by TripWip in relation to the rental in accordance with these TCG (among others: contracting the Insurance, withholding the Guarantee, collections for claims, fines, tolls, fuel shortages, or exceeding the mileage limit) will be carried out on behalf of the Owner, who is the only responsible party to whom claims can be made in case of disagreement.

TripWip will not be responsible for the fulfillment or control of the obligations assumed by Owners (or Commercial Owners) and Drivers. Each Owner (or Commercial Owner) is solely responsible for managing all permits or authorizations required by national and/or departmental authorities to offer their vehicle for rent, 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 damage arising from that relationship.

TripWip will not be responsible for any aspect related to the vehicles or the 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 understand 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 damage or harm to them or 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, which will not generate any right to compensation or reduction and/or waiver of the amounts they must pay to TripWip.

25. 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 the 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.

28. Termination.
These Terms and Conditions will be understood as accepted at the moment the Owner or Commercial 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.

29. Dispute Resolution.
In the event of any dispute between the Parties, the jurisdiction of the Judges of the Department of Montevideo is established, and the conflict is subject to the laws of the Oriental Republic of Uruguay.