Terms and Conditions - Uruguay

This document sets out the General Terms and Conditions (hereinafter, “GTC”) under which you (hereinafter, “the Driver”) will use the Platform Services of MOVICAR S.A.S, with registered tax address at Paseo Pasaje de las Carretas 2580, 11300, Montevideo (hereinafter, “TripWip”; both jointly referred to as “the Parties”), to contact Owners seeking to rent out their vehicles listed on the Platform.

Driver: any natural person, legal entity or organization interested in renting a vehicle.

Owner: any natural person, legal entity or organization wishing to rent out a vehicle it owns.

Commercial Owner: any legal entity or organization wishing to rent out a vehicle it owns.

Platform: all the IT tools made available to Drivers and Owners so they can use the Services that TripWip provides over the Internet on a “SaaS” (Software as a Service) basis.

Services: all intermediation services provided by TripWip to Drivers and Owners so that rental agreements for the Owner’s vehicle(s) can be concluded, as described in this document.

Security Deposit: the guarantee required from the Driver under clause 11 (Security Deposit).

Insurance: the insurance policy that the Owner or Commercial Owner must take out under clause 8 (Insurance).

Personal Data: information of any kind relating to identified or identifiable natural or legal persons that is considered as such by applicable law, meaning for these purposes any non-public information originating from or related to the content, performance and effects of these GTC, which may be disclosed orally, in writing or by any other means or medium, whether 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 trade secrets, compilations of information, and any intellectual property right over software, its interface design, source code, object code, manuals and any other associated information or documentation.

Content: in the broadest sense, photos and videos of the vehicle, listing descriptions, comments, interviews with Owners, Commercial Owners or Drivers, and any other material, information, data, text, music, sound, photographs, designs, drawings, graphics, video, messages or similar materials.

TripWip provides Owners, Commercial Owners and Drivers with a Platform that allows the Owner to communicate with the Driver so that the Driver may rent the Owner’s vehicles within the national territory. TripWip does not own the vehicles, does not hold possession of them and does not offer them for rent. Accordingly, the Parties accept that TripWip only provides intermediation Services between Owners and Drivers, without being a party to or intervening in the execution or performance of the rentals for any purpose other than setting certain rules that they must accept and apply in their agreements by choosing to use the Platform.

It is expressly prohibited to use vehicles rented through TripWip to provide passenger transport services through ride-hailing platforms or apps such as Uber, DiDi, InDrive, Cabify, among others. Using the vehicle for these purposes constitutes a breach of these Terms and Conditions and may result in cancellation of the rental, the application of penalties and/or the user’s removal from the platform. Furthermore, in the event of an accident, such use will not be covered by the insurance taken out, and the driver will be fully liable for all damages and losses that may arise.

Likewise, vehicles manufactured in 2015 or earlier are excluded from any liability on TripWip’s part regarding coverage for accidents, damage, theft, mechanical breakdowns or other risks associated with the use of the vehicle. Full responsibility for the condition of the vehicle, as well as for any event occurring during the rental, rests exclusively with the Owner/Host who chose to offer that vehicle through the Platform, who expressly assumes the risks involved.

To register as a Driver, you must be over 19 years of age, have legal capacity to contract, and hold a valid driver’s license issued at least one year earlier. Foreign nationals must hold a valid international driving permit issued at least one year earlier, and are responsible for its authenticity and validity. Additionally, to make payment, the Driver must be the holder of an international credit or debit card accepted by the payment provider (Stripe/Akua). If the Driver represents a legal entity, a RUT (tax ID) number will be required and used to issue the invoice for the Services provided.

To use TripWip’s services, the Driver must have a computer or a smartphone running iOS or Android. After accessing the Platform and accepting these GTC, the Driver must create a user account, 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 the license, a video with biometric verification, and a password (hereinafter, “the Data”).

Once the Data has been entered on the Platform, TripWip will have up to 72 hours to approve the application and send the corresponding notification to the Driver, after which the Driver may proceed to book a vehicle.

Drivers warrant and are responsible for the truthfulness, validity, accuracy, authenticity and up-to-date status of the Data provided to TripWip. TripWip cannot guarantee the identity of 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 finds it to be false, inaccurate or fraudulent, or if MOVICAR S.A.S considers it high-risk for the proper operation of the Platform.

To assess the risk associated with creating an Account, TripWip may consider additional information about the applicant’s financial and credit situation, using databases, internal checks or other assessment mechanisms. This assessment helps determine whether the Driver poses a high risk to the platform or to third parties and may influence the decision to approve the Account or not.

The rental price is set by the Owner or Commercial Owner, who may choose to set the price automatically according to supply and demand using artificial intelligence models provided by the platform to the Owner, or manually at their own discretion.

The daily rental price shown on the Platform includes a standard limit of 300 km per day. If unlimited mileage is not included and the 300 km daily limit is exceeded, the Driver will be charged an extra fee of $5 (five Uruguayan pesos) per kilometer.

For rentals that are not for whole days, the included mileage limit will be calculated in proportion to the time booked. That is, a 12-hour rental includes 150 km; a 6-hour rental, 75 km; and so on.

The host may offer unlimited mileage or a different limit and excess charge, but this must be specified in the vehicle’s listing, in its description.

The Owner or Commercial Owner undertakes to deliver the vehicle to the Driver with a full fuel tank. In turn, the Driver must return it in the same way.

If the vehicle is not returned with a full tank, the Driver will be charged the following fees in favor of the Owner: tank below full but above ¾, $500; tank below ¾ but above ½, $1,500; tank below ½, $2,000.

In all cases, the Owner or Commercial Owner must charge the Driver the amounts for missing fuel or excess mileage at the time of return, issuing the corresponding receipt. In the event of disagreement between the Owner and the Driver, the procedure in clause 20 (Delivery and Return of the Vehicle) shall apply, and TripWip’s mediation may be requested so that, if applicable, the charge is made on behalf of the Owner by drawing on the Security Deposit, in accordance with clause 23 (Mediation and Use of the Security Deposit).

If, exceptionally, the host does not deliver the vehicle with a full tank, the driver will not be required to return it with a full tank, but in the same condition in which it was received. In this case, the missing-fuel charges mentioned above will not apply.

Vehicles listed on TripWip have valid insurance coverage during rentals, in accordance with the policy taken out.

Included coverage

Additional coverage

Indemnity limits

TripWip acts as an intermediation platform and not as an insurer. The applicable coverage, conditions, exclusions and deductibles will be those set out in the policy in force at the time of the incident.

Accidents or incidents occurring during the trip do not release the driver from responsibility for paying any applicable additional costs, such as fines, tolls and other charges associated with the use of the vehicle.

Listing vehicles on the Platform is free. TripWip earns a commission on each vehicle rental agreement concluded through the Platform, for intermediation services, use of the technology, operational support and management of the Platform.

Commission rates

The applicable commission is a percentage of the daily rental price set by the Owner or Commercial Owner, which varies according to the price range of the listed vehicle, under the following schedule in force for Uruguay:

Collection

The corresponding commission will be automatically deducted from the total rental amount, or collected by the means TripWip determines according to the operating method in force at the time of booking.

Changes

TripWip reserves the right to change the commission percentages, notifying Owners or Commercial Owners in advance through the Platform, email or other enabled communication channels.

Continued use of the Platform after notification of such changes will constitute acceptance of the new conditions.

If the driver cancels the rental within the 48 hours before it starts, the full booking amount will be charged, with no right to a refund. The host may request compensation equal to 50% of the total booking amount and must file the claim within 48 hours after the cancellation. After that period, the right to request it is lost. However, if the cancellation is made within 15 minutes after confirmation, TripWip may, at its sole discretion and as an exception, grant a full refund to the driver where there are reasonable grounds. In these cases, no compensation will be due to the host.

9 bis. Cancellations due to payment or deposit rejection: when the rental is cancelled, automatically or at the driver’s request, because the booking could not be charged or the deposit could not be held, the driver is entitled to a full refund and no compensation will be due to the host. See clause 19 bis.

The Owner or Commercial Owner represents and warrants that the vehicle listed on the Platform is in full and regular legal standing, free of attachments, pledges, injunctions, seizures, reports of sale, precautionary measures, and tax, municipal, judicial, administrative or any other debts that affect or may affect the free availability, circulation, use, return or insurability of the vehicle.

The Owner further represents that the vehicle has no enforceable debts (including, without limitation, traffic fines, registration fees, taxes, levies, contributions, or pledge-backed or judicial claims) that could give rise to legal or contractual restrictions.

The Owner expressly acknowledges and accepts that the existence of any of the situations mentioned above may affect, limit or totally or partially exclude insurance coverage, without giving rise to any liability for TripWip or the insurance company.

By accepting these terms and conditions, the Owner represents and warrants that the vehicle offered for rent meets the following conditions:

For vehicles more than 10 years old that TripWip decides to approve on an exceptional basis for listing on the Platform, the Owner/Host expressly accepts the following conditions as a requirement for such approval:

Acceptance of these Terms and Conditions constitutes express acceptance of the conditions set out in this section for the relevant vehicles.

At the time of booking a vehicle, TripWip may, on behalf of the Owner or Commercial Owner, place a hold on the Driver’s credit or debit card for a total amount of between USD 300 and USD 800 (three hundred and eight hundred US dollars) as a security deposit. The hold will take effect on the day the vehicle is initially delivered and will be released between five and ten business days after its return, provided that no accidents, damage, or claims for fines, tolls, missing fuel or excess mileage are reported by the Owner or Commercial Owner within that period.

The use of the deductible amount held by TripWip is reserved for the Commercial Owner and TripWip, according to the criteria of each company offering the service in partnership, under their contractual clauses. Both parties will have a say in the use of the held deposit/deductible according to the criteria for charging the driver for costs arising from use of the vehicle, such as fines, tolls, damage, deductibles, among others.

Rentals through the Platform are subject to prior purchase of an automobile Insurance policy, which TripWip will take out on behalf of the Owner. TripWip is not an insurance company and does not insure Owners or Drivers; the Owner is the party insured by the policy provider.

The Insurance coverage is intended to protect Owners against damage caused to their vehicle or to third parties within the national territory (except in cases excluded under the Insurance policy).

The Driver shall be liable to the Owner for all damage to the vehicle or to third parties during the rental period that is not covered by the Insurance policy.

The Driver acknowledges that they will be solely civilly or criminally liable and will hold TripWip and the Owner harmless for any damage or penalties that their acts or omissions may cause while using the vehicle. In particular, and without limitation, the Driver shall be liable for any civil or criminal liability that may be attributed to them for offenses or damage to the vehicle or third parties resulting from the consumption of alcohol, drugs, medication or other substances that may impair their ability to drive, as well as for breaches of traffic rules or any other intentional or negligent conduct not covered by the Insurance policy.

If any damage to the vehicle or third parties is covered by the Insurance, the Driver must bear all costs associated with paying the deductible, excess or other costs related to activating the Insurance, which amount to USD 800 under the Sancor Seguros protection in Uruguay. These may be deducted from the Security Deposit or invoiced in accordance with clause 23 (Mediation in Disputes and Use of the Security Deposit).

The Driver must always report damage to the Insurance company and also report any incident to the Platform. If the Owner identifies damage not reported by the Driver, the Owner will have 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 taken out, and in this case TripWip does not act on behalf of the Commercial Owner. In the event of accidents or third-party claims during the rental period, the parties must proceed as set out in the Insurance policy. In addition, the Commercial Owner of the rental vehicle may require the Driver to accept additional conditions to ensure the integrity and security of the insurance policy service.

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

The Driver’s failure to comply with these additional conditions may result in 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 rentals with companies through the TripWip platform.

In the event of material damage to the vehicle or its theft, the Driver must immediately notify the competent police authority, as well as the Owner and TripWip. The Driver undertakes to cooperate with the police authorities and with the Owner and TripWip in any investigation related to the incident.

Repairs

Decisions issued by workshops partnered with TripWip will be considered objective and impartial with respect to the parties involved. Such decisions will be taken as the most accurate, fair and responsible solution, ensuring quality in the repair of the vehicle and prioritizing transparency throughout the process.

Handling fee

For each reported incident, a service fee will be applied for handling it, according to the following scale:

The fees listed are standard reference values. However, TripWip reserves the right to modify or apply a different handling fee in any case where the characteristics of the incident, its complexity or the associated costs so require, as determined case by case.

This fee will be charged to the driver and covers the administrative and operational costs associated with handling the incident, with the aim of ensuring an efficient and transparent process for all parties involved.

Compensation for loss of earnings

In the event of an accident, theft or breach of trust affecting the availability of the vehicle, TripWip is not responsible for financial compensation for lost income from rentals not made, nor for providing a replacement vehicle. The host accepts that, in the event of such an occurrence, they may be temporarily unable to operate their vehicle on the platform, without this creating any obligation of compensation on TripWip’s part.

Types of insurance

In the event of an incident, the party responsible for paying the deductible is the Driver of the rental. Below are the different insurance plans the driver may purchase on the Platform and their coverage for incident-related expenses:

What does each plan cover?

Basic

Gold

Platinum

If the insurer denies coverage and TripWip, after reviewing the case, considers the denial unjustified and that compensation is due, TripWip may, on an extraordinary basis and at its sole discretion, cover up to 85% of the market value of the affected vehicle. This measure does not apply 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 ground expressly excluded by the insurance policy.

To protect the interests of hosts and drivers, TripWip establishes the following protocol for mechanical failures:

In the event of mechanical failure during a rental, the Driver must first contact the Host to use their private roadside assistance service, if they have one. Otherwise, the Driver must request the Auxicar service by calling 2618 0000 – Option 1, stating that the vehicle is rented through TripWip. Auxicar will verify that there is an active rental using the vehicle’s license plate number and, if necessary, will provide assistance or tow the vehicle to the location indicated in the rental information. The cost of the service will initially be covered by TripWip, and responsibility for payment (Driver or Host) will then be determined based on the primary diagnosis of the service. This diagnosis will only include obvious failures, such as a dead battery due to lights left on. If a more detailed mechanical assessment is required, it must be carried out at an authorized workshop.

Applicable rates

TripWip acts impartially in assessing each case and will ensure costs are correctly allocated according to the diagnosis.

The Driver undertakes to:

Examples of vehicle misuse

The Owner or Commercial Owner is responsible for keeping the vehicle in safe and operational condition. The Driver must notify the Owner or Commercial Owner and TripWip of any mechanical problem or maintenance need that arises during the rental. The Driver may not carry out repairs on their own without the prior authorization of the Owner or Commercial Owner.

Drivers must bear the cost of tolls and any fines imposed for traffic violations during the rental period.

All vehicles listed on the Platform must have an active electronic toll tag (telepeaje). At the time of vehicle delivery, the Owner or Commercial Owner will agree with the Driver on the amount to be loaded onto the toll account, and the Driver must bear that cost by paying it directly to the Owner or Commercial Owner.

If, during the rental period, the vehicle incurs traffic fines or toll debts not agreed upon, the Driver must take responsibility and pay the money directly to the Owner or Commercial Owner, requesting the corresponding proof of payment. If this does not happen, the Owner or Commercial Owner may report the fine to the Platform and request reimbursement, whereupon the charge will be ordered on behalf of the Owner or Commercial Owner; once verified, TripWip will charge the driver’s payment method directly.

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

Once the Driver has been informed of the debt related to the rental, they must pay it immediately, and the Platform will have 20 business days to pay the Owner or Commercial Owner.

The Driver accepts and acknowledges that the Security Deposit and any charge ordered under the preceding paragraph are made on behalf of the Owner or Commercial Owner. Accordingly, decisions on any holds or payment orders are the sole responsibility of the Owner or Commercial Owner. If the Driver disagrees with the decision made, they must claim directly against the Owner or Commercial Owner, without prejudice to any mediation TripWip may offer to try to resolve the dispute.

A Driver who wishes to book a vehicle must select it using the following filters included on the platform: area, vehicle type, delivery method, return method and rental dates. TripWip will show the available vehicles according to the Driver’s needs, indicating the total price of each. The Driver will then choose the vehicle, make the booking and pay a portion of the total rental amount through the Stripe or Akua platform. TripWip will send a request to the Owner or Commercial Owner, who must accept or reject the booking within up to 8 hours. The Driver may make multiple bookings, but once one of them is confirmed, they must cancel the other pending ones. Once the booking is accepted, TripWip will issue, on behalf of the Owner or Commercial Owner, the payment order and the corresponding Security Deposit hold, and will then 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, requesting the corresponding receipt from the Owner or Commercial Owner.

Upon confirmation by the Owner or Commercial Owner, the Driver will receive a notification asking them to approve payment of the remainder of the total rental amount through Stripe or Akua, making the booking effective; the Owner or Commercial Owner and the Driver must coordinate how the remaining balance will be paid.

The Driver accepts that their payment method will be stored and tokenized by Stripe or Akua, ensuring its complete confidentiality. TripWip may use this stored method to make charges on behalf of owners as provided in clauses 6, 15 and 23.

The Platform reserves the right to select, at its sole discretion, which types of cards will be accepted as a payment method on the platform.

TripWip is not responsible for any additional charges that may arise from currency conversion when charges are made through the Stripe or Akua payment platform.

The Driver may cancel a booking up to 48 hours before the rental start date, and TripWip will instruct the payment platform (Stripe or Akua) to refund the payment made, deducting from the refund amount any chargebacks and all other costs arising from the booking and refund transactions charged by the payment provider (Stripe or Akua), which will be borne by the Driver.

Any rental cancelled less than 48 hours in advance, or even during its performance, will not give rise to the refund of any amount to the Driver by the payment platform used (Stripe or Akua), TripWip and/or the Owner or Commercial Owner.

If the Owner or Commercial Owner fails to deliver the vehicle under 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 that a replacement exists or assuming additional costs or price differences; or (ii) request from the Owner or Commercial Owner a refund of the money paid for the rental, including the booking.

If a refund is due, it will be made to the payment method the Driver has registered on the Platform. Once the refund has been processed by Stripe or Akua, the amount may take between 5 and 10 days to appear on the user’s account statement.

The Owner or Commercial Owner may request compensation equal to fifty percent (50%) of the total booking amount for cancellations made by the Driver within the 48 hours before the start of the rental. This claim must be filed within 48 hours after the cancellation. After that period, the right to request compensation is lost.

Notwithstanding the above, if the cancellation is made within fifteen (15) minutes after the rental is confirmed, TripWip may, at its sole discretion and on an exceptional basis, grant a full refund to the Driver where it considers there are reasonable grounds (such as a booking error, immediate booking of another rental, or urgent situations). In these cases, no compensation will be due to the Owner or Commercial Owner.

19 bis.1. A cancellation due to payment is any cancellation of a rental arising from (i) rejection of the booking charge by the payment provider, or (ii) inability to hold the security deposit provided for in clause 11 due to rejection, insufficient funds, card limits or any other cause attributable to the Driver’s payment method.

19 bis.2. Once the rejection occurs, the rental will be placed in “pending resolution” status and the Driver will have, to retry the payment, the maximum period indicated on the Platform, which shall in no case extend beyond the start of the rental. TripWip may also make automatic retries, in the number and frequency it determines.

19 bis.3. If that period expires without the payment or deposit being resolved, the rental will be automatically cancelled by the Platform. In that case, the Driver will be entitled to a full refund of the amounts actually paid, less any chargebacks and costs applied by the payment provider (Stripe or Akua), and no compensation will be due to the Owner or Commercial Owner, since the rental was never perfected.

19 bis.4. If, while the rental is in pending resolution status, the Driver cancels on their own initiative citing the inability to complete the payment or deposit, that cancellation will receive the same treatment as provided in 19 bis.3, and the cancellation policy in clause 19 will not apply, even if it occurs within the 48 hours before the start of the rental.

19 bis.5. TripWip may keep the vehicle blocked on the Owner’s or Commercial Owner’s calendar while the rental is in pending resolution status, and will release it automatically upon cancellation.

19 bis.6. This clause will not apply when TripWip finds reasonable indications that the Driver has deliberately caused or maintained the rejection of the payment or deposit in order to circumvent the cancellation policy in clause 19. In such cases, TripWip may deny the refund, apply that policy, and suspend or close the Driver’s account.

19 bis.7. Notwithstanding the above, TripWip may, at its sole discretion and on an exceptional basis, grant the Owner or Commercial Owner compensation for the vehicle being blocked as a result of a payment-related cancellation. Such compensation will be discretionary (ex gratia), will not create any acquired right or precedent, and will not amount to a modification of this clause.

Owners, Commercial Owners and Drivers will coordinate the delivery and return points of the vehicle among themselves. Upon delivery of the vehicle, the Driver must pay the outstanding rental amount in accordance with clause 18 (Payment). In turn, the Owner or Commercial Owner will hand over to the Driver, together with the vehicle: a set of keys and all documentation and items required to drive (copy or original of the vehicle title, copy of the SOA mandatory insurance policy, first-aid kit, regulatory warning triangle, spare tire, jack, and fire extinguisher (which must be a 1 kg, three-class dry powder type), and warning triangles manufactured under IRAM standards), which must be returned together with the vehicle at the end of the rental.

Additionally, at the start, under the supervision of the Owner or Commercial Owner, the Driver must take the following photos of the vehicle from the Platform: front, rear, right side, left side, front interior, rear interior, odometer reading on the dashboard and fuel level on the dashboard. If the Driver does not take the corresponding photos, they may be adversely affected in the event of disputes about the condition of the vehicle at the end of the rental and may ultimately have to bear the costs of missing items, defects or damage.

When the vehicle is returned, the Owner must inspect it and notify TripWip immediately, within the first 24 hours after the rental ends, if any missing equipment or damage is found, through the means provided on the platform for that purpose. Additionally, at the end of the rental, the Owner or Commercial Owner will have 24 hours to take the following photos of the vehicle from the Platform: front, rear, right side, left side, front interior, rear interior, odometer reading on the dashboard and fuel level on the dashboard. If the Owner or Commercial Owner does not take the photos within this period, they will be responsible for any missing items, defects or damage and may not claim against the Driver or TripWip.

Only the Driver may interrupt the rental during the contracted period for personal reasons, which will not give rise to any refund of the price, chargebacks or any other associated cost from the payment platform used (Stripe/Akua), TripWip, the Owner or the Commercial Owner. If the Driver chooses to end the rental early, they must contact the Owner or Commercial Owner to coordinate the early return of the vehicle, under clause 20 (Delivery and Return of the Vehicle).

Notwithstanding the above, when the interruption is due to the Owner’s breach of their obligations or to the impossibility of using the vehicle for the purposes set out in the offer (including force majeure not attributable to the Owner or Commercial Owner, or any cause not attributable to the Driver), the provisions for cancellation by the Owner or Commercial Owner in clause 19 (Cancellation of a Booking) shall apply.

Any incident occurring during the rental period must be reported immediately (before the Driver takes any action) to the Owner or Commercial Owner, to TripWip through the channels provided on the Platform for that purpose, and to the relevant insurer. In Uruguay, this is Sancor Seguros, by calling 0800 8500. This applies to any accident or incident of any kind affecting the integrity of the vehicle, regardless of its magnitude, so that the Insurance can intervene if necessary.

If third parties are involved in the incident, the Driver is responsible for ensuring that such third parties file the corresponding reports with their own insurers, in order to properly manage coverage and make it possible to waive the deductible, where 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 times. Repair time may depend on external factors, such as the availability of spare parts in the local market, among others.

In the event of damage, loss or the need to replace a vehicle part 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 mean the compensation is partial when the part shows wear from use, and the value of a new part will not necessarily be used as a reference. This policy aims to ensure fair and proportional compensation, taking into account the use and age of the vehicle’s components.

Recommended workshop policy (cases below the deductible): For incidents whose repair cost does not exceed the insurance deductible, TripWip recommends having the repair done at Taller Labruna, due to its quality, efficiency and preferential terms for hosts on the platform. If the host chooses to repair at Taller Labruna, TripWip may cover 100% of the cost quoted by that workshop. If the host chooses another workshop, TripWip may compensate up to 75% of the amount originally quoted by Taller Labruna, subject to verification of the damage and compliance with the established processes. This policy seeks to ensure the quality of repairs, optimize handling times and maintain the sustainability of the coverage system offered by TripWip in cases outside the insurance. For incidents exceeding the deductible, the host may freely choose among the workshops in Sancor Seguros’ official network.

Deadlines for the Host to arrange the repair

Once the incident has been reported and the photographs verified by TripWip, the Platform will notify the Host of the workshop’s availability and pass on the information and context needed to arrange the quote. From that notification, the Host will have 15 business days to go to the workshop indicated by TripWip and obtain the corresponding quote.

If the Host does not go to the workshop within that period, TripWip will proceed as follows:

If missing equipment or damage to the vehicle is found during the rental or at the time the vehicle is returned, the Owner or Commercial Owner may, on their own account, order the use of the Security Deposit or, where applicable, order damages to be charged to the card provided and stored by Stripe/Akua, within up to 24 business hours after the incident occurred or the rental ended. In that case, the Driver accepts that TripWip will not be able to return the Security Deposit to the Driver. However, TripWip will mediate between the two to seek an agreed solution to the dispute. The Driver hereby accepts this form of mediation and acknowledges that they will accept as valid TripWip’s determinations that are accepted by the Owner or Commercial Owner, which they recognize as valid to end the dispute.

The Driver accepts and acknowledges that the Security Deposit does not constitute a cap or limit on recoverable damages and may not be adequate or sufficient to cover all damage suffered.

The Driver shall be liable to the Owner or Commercial Owner for all damage suffered by the vehicle during the rental period that is not covered by the Insurance policy taken out by the Owner or Commercial Owner. If the damage is covered by the Insurance, the Driver must bear all costs associated with paying the deductible, excess or other costs related to activating the Insurance, which may be deducted from the Security Deposit or charged to the card provided by the Driver.

Requirements for mediation, insurance activation and cases involving liable third parties

For TripWip to mediate with Sancor Seguros and manage the corresponding charge for damage to the vehicle, the following are mandatory:

Where a third party is responsible for the accident, the Driver must, as a mandatory requirement, collect the necessary information from the third party involved, including:

Failure to obtain this information may prevent the driver from being exempted from the deductible. Furthermore, without this information, the Security Deposit held cannot be returned until the final resolution of the process. Responsibility for filing the report and providing the necessary information rests with both the Driver and the Owner.

TripWip may pass the corresponding charge on to the Owner only if it has the report filed with Sancor Seguros and a repair quote for the damage, which may be obtained at the workshop recommended by TripWip or at a workshop in Sancor’s official network.

The parties may file a claim for the following reasons:

For the different claims, TripWip may apply the following charges or penalties to the relevant parties, taking into account the respective service fees:

Deadline for filing claims. The Owner or Commercial Owner will have a maximum of 24 (twenty-four) consecutive hours, counted from the rental end time recorded on the Platform, to file through the official channels any claim arising from the rental, including by way of example and without limitation: damage or missing items in the vehicle, missing fuel, cleaning, tolls, excess mileage, unpaid balance of the rental price, late return, and any other item that may give rise to a charge to the Driver or affect the Security Deposit. The claim must be accompanied by the required photographic evidence and documentation. If that period expires without the claim having been properly filed, the vehicle will be deemed returned in conformity and without observations, and the Owner’s or Commercial Owner’s right to claim such items from the Driver, the Security Deposit and/or TripWip will lapse; TripWip will not manage any collection, mediation or compensation for such items. The only exceptions to this deadline are: (i) traffic fines, governed by the special deadline in clause 16; and (ii) incidents involving the Insurance that were duly reported in accordance with clause 22.

Misuse or misappropriation of the vehicle means any situation in which the driver: keeps the vehicle beyond the rental period without the host’s express and documented authorization, or refuses to return the vehicle despite explicit requests from the host or TripWip, or makes modifications, takes it outside permitted areas, or uses it in ways not authorized under these Terms and Conditions. In these cases, TripWip reserves the right to apply penalties in addition to those set for late return, as well as to suspend or cancel the driver’s account and take the corresponding legal action. Likewise, when the driver engages in this type of conduct and TripWip is unable to collect from them the amounts associated with the hours or days of misuse, the platform may compensate the host for the equivalent of the vehicle’s daily rental rate for each additional day of unauthorized use, up to a maximum of 2 days, provided that the host has not contributed to the situation through action or omission. A rental extension will under no circumstances be considered valid unless it was processed through the platform or confirmed in writing through TripWip’s official channels. Agreements made outside the app, even if verbal or informal, will have no validity in claims.

All the charges mentioned may be assessed and modified according to the magnitude of the claim and the damage caused.

To access the coverage and compensation provided for in this section, the Host must report the case of misuse or misappropriation of the vehicle to TripWip through the Platform’s official channels within 24 hours after the end of the rental. If that period expires without the Host having filed the report, TripWip will not be obliged to handle the case or to apply the compensation or penalties provided for, and the Host will have no right to claim any coverage on that basis.

Once the rental has ended, the Driver will be able to rate the Owner or Commercial Owner. This rating will form part of the Owner’s or Commercial Owner’s profile and will serve as a guide for future Drivers.

In addition, the Driver accepts that at the end of a rental the Owner or Commercial Owner will be able to rate them, which will also serve as a reference for other Owners or Commercial Owners when the Driver requests future rentals.

TripWip reserves the right to edit and/or delete comments deemed inappropriate or offensive. It also reserves the right to exclude or sanction Drivers, Owners or Commercial Owners who are the subject of repeated negative comments.

TripWip’s 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 you refer:

If you are a Host and you refer:

General conditions:

Validity: The program applies exclusively within Uruguayan territory and will remain in force until further notice.

TripWip uses technology to protect the information provided by Drivers. Personal Data registered on the Platform will not be transferred to third parties without the User’s prior authorization and will be processed exclusively by TripWip, except for access to data that may be necessary for the rental (by the Owner or Commercial Owner), for providing the Insurance, or for managing payments and refunds through the payment provider (Stripe/Akua). 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 Policy.

TripWip will assume any responsibilities that may correspond to it under the applicable personal data protection legislation, on the basis of the following principles: (i) the Personal Data that TripWip provides to the parties mentioned in the preceding paragraph will be the exclusive property of TripWip; (ii) the provision of Personal Data by TripWip, by any means, will not be considered a data disclosure, but merely access to such data as a necessary element for providing the Services.

It is important to note that vehicle owners who sign this terms and conditions agreement will be subject to tax obligations on the income earned through rental agreements. TripWip therefore asks them to comply with their corresponding tax responsibilities.

TripWip is not a party to the rental agreement between the Owner or Commercial Owner and the Driver and is not responsible for the listing of the vehicle, nor for the formation or performance of that agreement. The Driver accepts that every act performed by TripWip in connection with the rental under these GTC (among others: taking out the Insurance, holding the Security Deposit, and charges for accidents, fines, tolls, missing fuel or excess mileage) will be carried out on behalf of the Owner, who is the sole party against whom the Driver may claim 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 obtaining all permits or authorizations required by national and/or departmental authorities to offer their vehicle for rent, as well as for any other legal, regulatory or contractual obligation related to the use of their vehicle. Accordingly, when concluding rentals they do so in their own name and at their own risk and responsibility.

Delegation of management: The owner of the vehicle registered on TripWip acknowledges and accepts that, if they delegate the management of their vehicle(s) to a third party for handling bookings, rentals or any other operation on the platform, such delegation is their sole responsibility. TripWip disclaims any liability arising from errors, breaches, disputes or damage that may result from acts or omissions of the administrator appointed by the owner. The owner must ensure that the administrator acts in accordance with the platform’s terms and conditions and will be jointly and severally liable for any obligation or loss arising from that relationship.

TripWip will not be responsible for any aspect relating to the vehicles or the rentals, including but not limited to the existence, quality, quantity, condition, integrity or legitimacy of the vehicles offered by Owners, the capacity of Owners and Drivers to contract, or the truthfulness of the personal data they provide.

The Driver accepts and acknowledges that software and computer equipment (hardware) are subject to failures, whether in their own operation or in their systems. The Driver also knows and accepts that there are no anti-fraud or encryption systems that cannot be circumvented or breached in some way. Consequently, the Driver fully assumes that they must permanently adopt the preventive measures customary in the activity, in order to prevent failures in the Platform and the associated software or hardware from causing any type of damage or loss to them or to third parties.

In accordance with the above, the Driver accepts and acknowledges that there may be restrictions or interruptions to the Services and to access to the Platform as a result of the failures or incidents described in the preceding paragraph, as well as those caused by updates or improvements to the Platform, which will not give rise to any right to compensation or to any reduction and/or discount on the amounts the Driver must pay to TripWip.

Drivers and Owners are aware that TripWip may modify these Terms and Conditions whenever it deems appropriate, without the need to inform Drivers and Owners of such modification. The current version will be available on the Platform, and Drivers and Owners are obliged to review it periodically. It is made clear that use of the Platform implies acceptance of the Terms and Conditions in force at the time of use.

These Terms and Conditions will be deemed accepted when the Owner or Commercial Owner begins using the Platform and will remain in force until it is cancelled or closed. TripWip reserves the right to terminate the GTC, as well as to modify them at any time, and/or to shut down the Platform or temporarily suspend its use, without giving rise to any possibility of claim or compensation in favor of the Owner.

Any dispute between the Parties shall be subject to the jurisdiction of the Courts of the Department of Montevideo and governed by the laws of the Oriental Republic of Uruguay.