Terms and Conditions - Mexico

This document establishes the General Terms and Conditions (hereinafter, “GTC”) under which you (hereinafter, “the Driver”) will use the Services of the Platform of TRIPWIP S.A.P.I. DE C.V, located at P Boulevard Manuel Avila Camacho 1910, Office C in Mexico City, (hereinafter, “TripWip”, both identified as the parties “the Parties”), to contact Owners who are looking to rent their vehicles published on the Platform.

1. Definitions

Driver: is any individual, legal entity, or organization interested in renting a vehicle.

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

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 via the Internet in the “SaaS” (Software as a Service) model.

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

Guarantee: is the guarantee required from the Driver in accordance with the provisions of clause 7 (Guarantee).

Insurance: is the insurance policy that the Owner 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 from or is related to the content, execution, and effects of these GTC and is susceptible to being disclosed verbally, in writing, or by any other means or through any medium, currently known or invented in the future.

Intellectual Property: includes, among others and without limitation, copyright and related rights, databases, inventions (patented or not); trademarks and trade names; know-how, industrial or commercial secrets, compilations of information, and any intellectual rights over software, its interface design, source code, object code, manuals, and any other associated information or documentation.

Content: includes in the broadest sense photos and videos of the vehicle, publication descriptions, comments, interviews with Owners, 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

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 intermediation Services between Owners and Drivers, without being a party to or intervening in the execution of the rentals for any purpose other than to set some of the rules that must be accepted and applied in their contracts when choosing to use the Platform.

It is expressly prohibited to use vehicles rented through TripWip for passenger transport services via intermediation platforms or applications, such as Uber, DiDi, InDrive, Cabify, among others. The use of the vehicle for these purposes constitutes a violation of these Terms and Conditions, which may result in the cancellation of the rental, the application of penalties, and/or the exclusion of the user from the platform. Additionally, in the event of an accident, such use will not be covered by the contracted insurance, with the driver being fully responsible for all damages and losses that may arise.

3. Conditions for Registration

To register as a Driver, it is required to be over 18 years of age, have legal capacity to contract, and hold a valid driver's license with at least one year of seniority. If you are a foreigner, you must have a valid international driver's license with at least one year of seniority, and it is your responsibility to ensure its authenticity and validity. Additionally, to make the corresponding payment, you must be the holder of an internationally accepted credit or debit card (Stripe). If the Driver represents a legal entity, a RFC number will be required, which will be used to issue the invoice for the Services provided.

To publish your car on the TripWip platform in Mexico, it is important that the vehicle meets the following requirements:

It is important to keep the documentation and the condition of the vehicle updated to guarantee its acceptance on the platform. If your car does not meet these requirements, it cannot be published or will be removed from the platform.

4. Account Creation.

To use TripWip's services, the Driver must have a computer or smartphone with an IOS or Android operating system. After logging into the Platform and 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 in case of representing a legal entity), country of residence, city, address, email, mobile phone, a photo of both sides of their driver's license, a selfie with their license in hand, a video with biometric verification, and their password (hereinafter referred to as “the Data”).

After entering the Data on the Platform, TripWip will have a period of 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. If TripWip cannot guarantee the identity of the Drivers, it may request additional information to verify or corroborate the Data provided by the Driver. In this regard, TripWip reserves the right to temporarily or permanently suspend or even not approve an Account if it cannot confirm the information provided or when it corroborates that the same is false, inaccurate, fraudulent, or that TRIPWIP SAPI 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 exceeds 300 km per day, the Driver will be charged an extra fee of 2.5 MNX per kilometer.

In rentals that do not last 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 higher limit, 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.

In case 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 MXN, tank less than ¾ but more than ½ 750 MXN, tank less than ½ 1,000 MXN.

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. In turn, the Driver must return it in the same condition. If the vehicle is not returned with a full tank of fuel, the Driver will be charged the fees set by the host, and under TripWip's criteria, the claim cannot exceed the average amount of each country for a maximum of 50 liters.

If by exception the host does not deliver the vehicle with a full tank, the driver will not be obliged to return it with a full tank, but in the same condition in which they received the vehicle. In this case, the charges for missing fuel mentioned above will not apply.

In all cases, the Owner or Commercial Owner must charge the Driver the corresponding amounts for missing fuel or excess mileage at the time of delivery, issuing 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).

7. Guarantee.

At the time of reserving a vehicle, TripWip will place a hold on the Driver's credit or debit card for an amount equivalent to the deductible established by AXA according to the type of vehicle. The values are as follows:

The hold will take effect three days before the rental begins. If the reservation was made with less than three days' notice, the hold will be made at the time of the reservation.

The hold will take effect within the aforementioned timeframe according to the advance notice of the reservation and will be released 5 days after the rental ends, provided that no claims for accidents, damages, fines, tolls, missing fuel, or exceeding mileage limits 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 according to the criteria of each company offering the service in relation to their contractual clauses. Both parties will have a say in the use of the retained guarantee/franchise according to the criteria for charging the driver for costs generated by the use of the vehicle such as fines, tolls, damages, deductibles, among others.

If TripWip cannot enforce the guarantee hold, the reservation will be automatically canceled, giving prior notice to the driver.

8. Insurance and damages to the vehicle or third parties.

Renting through the Platform is subject to the prior contracting of an auto 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 of the insurance contract policy).

The Driver will be liable to the Owner for all damages suffered to the vehicle or to third parties during the rental period that are not covered by the insurance policy.

The Driver acknowledges that they will be the only civil or criminally responsible party and will hold TripWip and the Owner harmless for any damages or penalties that may arise from their acts or omissions while using the vehicle. In particular, and without limitation, the Driver will be liable for civil or criminal responsibility that may be attributed to them for infractions or damages to the vehicle or third parties arising from the consumption of alcohol, drugs, medications, or other substances that may affect their driving ability, as well as violations of traffic regulations or any other wrongful or negligent actions that are not covered by the insurance policy.

In the event that any damage suffered by the vehicle or third parties is covered by the Insurance, the Driver must assume all costs associated with the payment of the franchise, deductible, or other costs related to the activation of the Insurance, which amount to a variable sum depending on the model and range of the vehicle. For AXA's protection in Mexico, these may be deducted from the Guarantee or billed in accordance with the provisions of clause 17 (Mediation in conflicts and affecting the Guarantee).

Importance of the GPS System

All vehicles rented through TripWip in Mexico must have a GPS system. This way, they access the full coverage provided by AXA, which includes the following:

The GPS system allows for coverage against abuse of trust. Abuse of trust is understood as the improper appropriation of the vehicle by the Driver, that is, when they retain the vehicle beyond the agreed rental period without proper authorization and with the intent to obtain an undue benefit.

It is essential that vehicles have a GPS system, as without this device neither AXA nor TripWip will be responsible for covering thefts resulting from abuse of trust. If the vehicle does not have GPS, the Owner assumes the risk of total loss of the vehicle for this reason without the possibility of claiming against AXA or TripWip.

The Driver must always report damages to the insurance company and also report any incident to the Platform. If the Owner identifies damages not reported by the Driver, they will have a period of 24 hours to report it to the Platform and request a review.

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 accidents 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 ensure the integrity and safety of the insurance policy service, verify their identity and background, such as 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, respect for speed limits, and other current traffic regulations.

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

Verification of Identity and Background: the Commercial Owner may request the Driver to present additional documentation for

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 case of any incident, accident, or damage to the vehicle, the Driver must report it immediately to AXA, at 800 900 1292 (option 1, option 1), and to the Platform, selecting the option "Report an Incident." They must then follow the established procedures for managing claims and incidents.

In the event of a mechanical failure, the Driver may request automotive assistance at 800 900 12 92 option 3.

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 agreement and the Driver's liability for any resulting damage or loss. Acceptance of these additional conditions will be an essential requirement for formalizing the rental to companies through the TripWip platform.

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

Insurance: At TripWip, we offer three types of insurance designed to meet different needs and mitigate the risks associated with vehicle rentals. These insurances are divided into Basic, Gold, and Platinum, each with different levels of protection so that users can choose the option that best fits their budget and coverage requirements.

Additionally, each type of insurance has different deductible levels depending on the category of the rented vehicle. The deductible amounts vary depending on whether the vehicle is a sedan or compact, an SUV, or a luxury car. Below are the coverages and conditions of each plan:

This is the minimum insurance required to carry out a transaction on the platform. In the event of a claim, the following deductible amounts apply:

Includes:
✔ Liability
✔ Damage protection
✔ Total theft protection

Does not cover:
✘ Passenger medical expenses
✘ Windshield, glass, lights, and tire protection
✘ Lost keys

Gold Insurance

Offers greater protection with a reduction in deductible amounts.

Includes:
✔ Liability
✔ Damage protection
✔ Passenger medical expenses up to 100,000 MXN
✔ Total or partial theft protection

Does not cover:
✘ Windshield, glass, lights, and tire protection
✘ Lost keys

This is the most comprehensive plan, with lower deductibles and greater protection:

Includes:
✔ Liability
✔ Damage protection
✔ Passenger medical expenses up to 100,000 MXN
✔ Windshield, glass, lights, and tire protection
✔ Lost keys

Application Conditions

In the event of using TripWip insurance, only the conditions and coverages corresponding to the plan purchased by the driver during their rental period will apply. It is the user's responsibility to know and accept the terms of their coverage before starting the rental.

Important: If the damages to the vehicle do not exceed the deductible amount, the insurance policy will not be activated, and the driver will have to bear the repair cost. However, if it is proven that the liability lies with a third party with valid coverage, the driver may directly manage the recovery of the amount with the responsible party's insurer.

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 manufacturer-approved equivalents, including the brake systems, suspension, tires, and any other critical components for safety.

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

Disclaimer: TripWip will not be responsible nor will it manage the collection from the driver for mechanical failures during a rental in the case of vehicles that have more than 150,000 kilometers if they have not been subjected to 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)

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 Retention of Guarantee If the host suspects that a mechanical failure was caused by misuse by the driver, they may request a mechanical assessment at the official workshop indicated by TripWip. At the time of reporting the failure, an amount of 10,000 MXN will 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 Transport Costs

In the event that the vehicle requires transport to the workshop: The host will initially assume the transport costs until the responsibility for the failure is confirmed through the assessment. If the assessment determines that the failure was caused by misuse by the driver, the host may recover these costs from the amount withheld from the driver. If it is concluded that the failure is a result of normal wear and tear of the vehicle or negligence of the host (such as lack of maintenance), they must assume the costs in full.

3. Mechanical Assistance

In the event of mechanical failures during a rental, the Driver may request assistance from AXA by calling 800 900 12 92 option 3.

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 the terms and conditions of TripWip (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 the event of discrepancies between assessments, TripWip may designate a workshop or independent expert to issue a final ruling. The decisions made by TripWip will be final and binding for both parties.

10. Vehicle Use Conditions.

The Driver agrees to:

- Not allow unauthorized third parties to drive the vehicle.

- Respect traffic laws and road safety regulations.

- Not use the vehicle for unauthorized commercial purposes by the Owner.

- Not participate in competitions, races, or any activity that involves extreme use of the vehicle.

- Not transport illegal or dangerous substances.

Cases of Misuse of the Vehicle:

- Ignoring dashboard warnings: Failing to act on visible signs of problems can worsen mechanical failures.

- Sudden accelerations or aggressive driving: This type of driving generates unnecessary wear on the vehicle.

- Overloading the vehicle: Carrying more passengers or cargo than allowed can cause structural or mechanical damage.

- Not following the Owner's or Platform's recommendations: Such as checking fluid levels or avoiding specific harmful practices.

- Using incorrect or low-quality fuel: This can negatively affect engine performance and essential components.

- Abandoning the vehicle in poor condition: For example, returning the car with insufficient fuel levels or in extremely dirty conditions.

- Not reporting mechanical failures on time: Ignoring or delaying the report of problems can worsen damages that could be 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.

11. Tolls and fines.

Responsibility for toll and fine charges During the rental period, all charges generated by tolls, traffic fines, and violations are the sole responsibility of the driver. It is essential that the driver maintains timely communication with the host in case they identify such a charge.

Procedure for managing tolls and fines:

Report by the host: If the host detects a charge related to tolls or fines during the rental period, they must report it to TripWip if they have not made a direct charge to the driver.

Verification by TripWip: To ensure the legitimacy of the charge, TripWip will verify that the charge was generated at the time the driver had the car in their possession.

Charge collection: If the host reports the charge and it is validated, TripWip may collect the corresponding amount from the driver's security deposit.

Deadline for claims: The host has a maximum period of 6 months from the rental date to report charges related to tolls or fines. However, this does not exempt the driver from their responsibility, and TripWip may collect the charge at any time if the validity of the charge is confirmed.

Payment deadline to the host: TripWip will make the corresponding payment to the host within a maximum of 20 business days after the charge is validated.

Driver's responsibility

If the driver identifies a fine or toll charge while they have the car in their possession, they must immediately inform the host.

If the driver does not report the charge and it is later identified by the host, TripWip may collect from their security deposit without prior notice.

TripWip may collect at any time if the driver's responsibility for the charge is confirmed.

Disputes and claims If the driver believes that a fine or toll charge has been incorrectly attributed, they may file a claim with TripWip providing the necessary documentation for review. However, the final decision on the application of the charge will be made by TripWip.

Final provisions

TripWip reserves the right to modify these terms and conditions at any time. By using the platform, the driver accepts these provisions and agrees to fulfill their responsibilities regarding tolls and fines.

The Driver accepts and acknowledges that the Guarantee and any charge ordered in accordance with the provisions of the previous section are made on behalf of and at the request of the Owner or Commercial Owner. In accordance with the above, 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 to the Owner or Commercial Owner, without prejudice to any mediation that TripWip may exercise to attempt to resolve the conflict.

12. Reservation procedure.

The Driver wishing to reserve a vehicle must select it using the following filters included in the platform: area, type of vehicle, delivery mode, return mode, and rental dates. TripWip will inform the available vehicles according to the Driver's needs, indicating the total price of each. The Driver will proceed to choose the vehicle and make the reservation, paying 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 after one is confirmed, they must cancel the other pending ones. Once the reservation is accepted, TripWip will issue, on behalf of the Owner or Commercial Owner, the collection order and the corresponding Guarantee allocation, to finally put Owners and Drivers in contact so they can coordinate how the Driver will pay the Owner or Commercial Owner the remaining balance of the rental price, requiring the Owner or Commercial Owner to provide the corresponding receipt.

13. Payment method.

With the confirmation of the Owner or Commercial Owner, the total rental amount will be charged to the Driver through Stripe, making the reservation effective. TripWip will make the corresponding payment to the host on a weekly payment frequency.

The Driver agrees that their payment method will be memorized and tokenized by Stripe, ensuring complete confidentiality. TripWip may use this memorization to make charges on behalf of the owners as seen 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.

14. Cancellation of a reservation.

The Driver may cancel a reservation up to 48 hours before the rental start date, and TripWip will proceed to instruct the payment platform (Stripe) to refund 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 event that a refund is applicable, it will be made to the payment method charged by the Driver on the Platform. Once the refund is made from the Stripe platform, the amount may take between 5 and 10 days to be reflected in the user's account statement.

15. Delivery and return of the vehicle.

Owners, Commercial Owners, and Drivers will coordinate with each other the delivery and return points of the vehicle. Upon delivery of the vehicle, the Driver must make the payment of the outstanding amount for the rental, according to what is established in clause 12 (Payment method). For their part, the Owner or Commercial Owners will provide the Driver with, along 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 tri-class, one kilogram, and powder), beacons manufactured under the IRAM regime), which will be returned along with the vehicle at the end of the rental.

Additionally, at the beginning, under the supervision of the Owner 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, in case of any missing equipment or damages, using the means provided on the platform for this purpose. Additionally, upon ending 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.

16. Interruption of the rental.

Only the Driver has the option to interrupt the rental during the contract period for personal reasons, which will not entitle them to 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, as per 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 inability to use 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.

17. Reporting damages or incidents with the vehicle.

In case of any incident, accident, or damage to the vehicle, the Driver must report it immediately to AXA at 800 900 1292 (option 1, option 1), and to the Platform, selecting the option “Report an Incident.” They must then follow the established procedures for managing claims and incidents.

This must be done in case of an incident or any type of occurrence that affects the integrity of the vehicle, regardless of its magnitude, in order to request the intervention of the Insurance if necessary.

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

Compensation for lost profits: In case of an incident that affects the availability of the vehicle, TripWip is not responsible for economic compensations arising from the loss of income from unfulfilled rentals or for providing 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.

Vehicles from car rental companies: If the vehicle comes from a car rental company, TripWip will not be responsible for damages, incidents, loss of availability, or any other claims related to the vehicle. All management related to incidents must be channeled directly with the rental company, according to their own terms and conditions and their own fleet insurance.

18. Mediation in conflicts and affecting the Guarantee.

In case of identifying missing equipment or damages to the vehicle during the rental or at the time of vehicle delivery, the Owner or Commercial Owner may order the affecting of the Guarantee on their own accord, or, if applicable, order the collection of damages to the card provided and stored by Stripe within a period of up to 96 business hours after the incident 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 agrees to 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 agrees 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 must 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 case the damages are covered by the Insurance, they must assume all costs associated with the payment of the franchise, deductible, 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 gather the necessary information from the third party involved, including:

- Name and surname of the third party.

- Contact number.

- License plate of the third party's vehicle.

- Other data requested by the insurer.

The lack of this data 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 Sanctions.

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 timing.

9. Returns due to cancellation.

10. Claims regarding the functioning of the app.

For the different claims, TripWip may apply the following charges or sanctions to the corresponding parties:

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 toll + 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 2.5 (MXN), which will be charged to the driver.

5. Misconduct: The user 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 case 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. Improper use or appropriation of the vehicle: improper use or appropriation of the vehicle is considered any situation in which the driver:

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 behavior and Tripwip is unable to charge them for the amounts associated with the hours or days of improper use, the platform may compensate the host for the equivalent of the daily rental value of the vehicle for each additional day of unauthorized use, up to a maximum of 2 days and provided that the host has not contributed, by action or omission, to that situation. Under no circumstances will an extension of rental be considered valid if it was not processed through the platform or confirmed in writing through Tripwip's official channels. Agreements outside the app, even if verbal or informal, will not be valid for claims.

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20. 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 completing 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.‍

21. Referrals.

Drivers who refer:

Hosts who refer:

General conditions

4. Validity

22. Security and data protection.

TripWip uses technology to protect the information provided by Drivers. The Personal Data registered on the Platform will not be transferred to third parties without prior authorization from the User and will be treated exclusively by TripWip, except for access to data that may 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 communication of data, but rather simple access to them as a necessary element for the provision of Services.

23. 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 fulfill their corresponding tax responsibilities.

24. 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 actions taken by TripWip in relation to the rental in accordance with these TCG (among others: hiring Insurance, holding the Guarantee, charges for accidents, fines, tolls, fuel shortages, or exceeding the mileage limit) will be carried out on behalf of and at the order of the Owner, who is the only responsible party to whom claims 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.

TripWip will not be responsible for any aspect related to the vehicles or rentals, including but not limited to the existence, quality, quantity, condition, integrity, or legitimacy of the vehicles offered by the Owners, the ability to contract of the Owners and Drivers, or the veracity 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 owe 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 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.

26. 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.

27. Dispute Resolution.

In the event of any dispute between the Parties, the jurisdiction of the courts of Mexico City is established, and the conflict is subject to Mexican laws.