Terms & Conditions

Legal information

OlaCar, LLC
United States

OlaCar, Loiroma SAS (Headquarters)
Tax Identification Number (Registro Único Tributario): 219529890015.
Address: Avda Italia 6201, Montevideo, Uruguay

Purpose

Olacar is a peer-to-peer vehicle rental platform that aims to connect people and facilitate different experiences with high added value. Its mission is to change the way vehicles are rented worldwide and to become the reference platform for the collaborative economy in this sector.

This document contains important information about the rights and obligations of Olacar users, as well as restrictions and exclusions. These Terms constitute the entire agreement of the Parties with respect to the Services at the time the User accesses and uses them, unless otherwise indicated. These Terms supersede and replace all previous versions.

These Terms constitute a legally binding agreement («Agreement») between you and Olacar governing your access to and use of the website, mobile applications, and all associated services. The Website, the Application and the Services shall hereinafter be referred to collectively as the «Platform». Users acknowledge having received, before accessing and using the Services, all information and technical specifications necessary for them.

Olacar offers a platform for establishing a network of contacts for commercial purposes. Thus it connects Users seeking a Vehicle to rent («Driver Users») with Users who wish to rent out their Vehicle («Host Users»). Olacar is an intermediary and is in no way a party to the rental transaction entered into between Hosts and Drivers. Olacar does not rent Vehicles through the Website, the Application, the Services or by any other means, and has no activity other than connecting Users with each other for the rental of Vehicles.

For the provision of its Services, Olacar collects and uses personal information from its Users, all of which is detailed in the attached Privacy Policy.

Definitions

For the purposes of this agreement and the Olacar Privacy Policy, the following terms refer to:

Host: refers to a natural or legal person who wishes to rent a Vehicle they own, without a driver, to a Driver through the Platform;

Listing: refers to the listing posted by Hosts containing images of their Vehicle(s) and relevant information about the Rental through the Website or Application;

Application: Refers to the Olacar software application designed for mobile phones or tablets;

Lease or Rental: refers to the rental of a Vehicle made through the Platform;

Driver: refers to a natural or legal person who wishes to rent and be the main driver of a Vehicle during the rental period;

Rental Contract: refers to the legal relationship, whether documented or not, established between the Host and Driver;

Account: refers to the private dedicated virtual space reserved for each user on the Website, in which information is stored to access and use the Platform services;

Deductible: refers to the agreed amount of money that the Driver will pay in the event of damage caused to the Vehicle. It is also often referred to as «deductible»;

Rental Form: Document signed by Host and Driver at the start of the Rental with the details of the Vehicle and the Rental Contract;

Olacar: refers to OlaCar, LLC (United States) and/or OlaCar, Loiroma SAS (Simplified Joint Stock Company, Uruguay, headquarters), with registered office at Avda Italia 6201, Montevideo, Uruguay, registered in the Tax Registry (Registro Único Tributario) under number 219529890015, as applicable;

Platform: refers collectively to the Website, the Application and all Services offered by Olacar;

Booking: refers to the booking request for a Vehicle made by a Driver through the Website or Application;

Insurance: refers to the insurance contract and policy that covers the Vehicle Rental period between Hosts and Drivers;

Services: refers to all services that Olacar makes available to Users when they use the Platform;

User: refers to a natural or legal person, whether a Host or a Driver, who has accepted the Terms and is registered on the Website, to benefit from the Services;

Vehicle: refers to a motor vehicle rented through the platform.
Insurance Company: SURA - Company responsible for coverage during the booking period.

Users

Access to and use of the Platform and the Services shall be subject to the conditions set out herein. Users warrant that they are a natural or legal person with sufficient capacity to appear and enter into legally binding contracts, including this one.

To use the Services, Users must create an Account, including a user profile with their first and last name, username and password. The username and password are personal and non-transferable, and Users must protect and preserve their confidentiality. In the event of loss or disclosure to a person outside the Platform, Users must immediately inform Olacar, which will take the appropriate security measures.

The creation and maintenance of the Account shall be subject to the validation and checks that Olacar carries out of the conditions necessary to use the Services according to the type of account. Olacar reserves the right to carry out external checks, request information from Users and/or third parties, as well as to use any legitimate means to verify the conditions detailed herein.

Conditions for Host Users

For registration on the Platform and use of Olacar Services, Host Users undertake and warrant:

To be a natural or legal person with capacity to contract. In the case of natural persons, to be at least 18 years of age. In the case of legal persons, the representative must have the necessary powers and authority to use the Services.
To be registered with their real name, physical address and other identification details.
To provide a mobile phone number.
Not to be registered as a debtor in the credit reporting clearing system. If so registered, they must propose a third party who is not on such register. The designated third party must sign the document provided by Olacar to secure their status as joint guarantor.
To be the owner of the vehicle offered, and to remain so throughout the Rental period. If not the owner, Olacar may assess the declared link and analyse account creation on a case-by-case basis.
To provide a faithful photograph of the vehicle registration document (libreta de propiedad) issued by the competent authority.
To rent out vehicles in good working order that provide the expected normal operation with the average diligence of a reasonable person and with the specifications detailed in their Listing. In this regard, they must provide real, accurate, complete and up-to-date information about the Vehicle in their Listing.
To rent out vehicles that comply with all regulatory requirements (Laws, Municipal Decrees, Digest, etc.) for their circulation as well as the conditions established by Olacar for their publication. Vehicles must be maintained and regularly serviced in accordance with the manufacturer's recommendations, and must have all safety equipment required by the competent authorities. All Vehicle equipment must, to the Host's best knowledge and belief, be in good working order, including tyres, brakes, headlights, other lights, steering and seat belts, as well as any other equipment relevant to the normal operation of the vehicle under normal conditions.
Vehicles must be up to date with the payment of taxes, fees and municipal and national levies, as well as with technical inspections.
They may only rent out Vehicles that have mandatory annual insurance coverage in the country where the Vehicle is rented, with at least third-party liability insurance (see Clause 13 for further details);
To possess at least two sets of door keys for the Vehicle.
Not to have been the subject of serious and/or excessive complaints from other Users or to have behaved inappropriately in the use of the Services and/or towards Olacar or any of its representatives.

Host Users shall have a maximum limit of five (5) vehicles registered on the platform in their name.

Conditions for Driver Users

For registration on the Platform and rental of Vehicles through the Olacar Platform, Driver Users undertake and warrant:

To be a natural or legal person with capacity to contract. In the case of natural persons, to be at least 18 years of age. In the case of legal persons, the representative must have the necessary powers and authority to use the Services.
To be registered with their real name, physical address and other identification details, with a single registration per person.
To provide a contact mobile phone number.
To hold a National Driving Licence (Permiso Único Nacional de Conducir) and/or its foreign equivalent allowing driving in the territory of Uruguay with at least one (1) year standing.
To provide a faithful photograph of their National Driving Licence or equivalent foreign licence authorised by the competent authority.
To provide one of the payment methods enabled by Olacar for payment of the Services.
To be up to date with payment for Services used on the Platform.
To be medically fit to drive.
To be the sole driver and responsible for the care of the Vehicle to be rented through the Platform, without prejudice to the provisions of this Clause in fine.
To comply with the Rental conditions established by the Host and Olacar in the Listing.
Not to have been the subject of serious and/or excessive complaints from other Users or to have behaved inappropriately in the use of the Services and/or towards Olacar or any of its representatives.

Grounds for exclusion of Users from the Platform

Olacar reserves the right to accept or reject any registration request on the Platform at its sole discretion, without giving reasons, and to suspend or delete the Account of any User who does not comply with these Terms.

Olacar also reserves the right to reject, withdraw or restrict access to a Host if they excessively cancel Rental requests. Likewise, it may limit access to drivers of whom Olacar becomes aware are driving recklessly and/or have been responsible for traffic incidents.

Account and future access to the Services will be revoked and denied to Users who:

fail to comply with the Terms in an essential and/or repeated manner and/or in a
way that affects the normal operation of the Service;
provide false information in their Account.
display inappropriate or disrespectful behaviour towards other Users or Olacar staff;
engage in criminal conduct or use the Website fraudulently, the

or the Services;

circumvent the Website (i.e. attempt to carry out a Rental with the Host without using the platform);
are in arrears in the payment of their obligations to Olacar.

The User agrees to provide all supporting documents required by Olacar upon request, and undertakes to update their information periodically. In any of these cases, Olacar may immediately suspend or restrict access to the Platform, without prior notice or compensation, and the insurance coverage provided for in Clause 13 may be denied by the insurance company.

Listings

Hosts may submit requests to Olacar to advertise the rental of their Vehicles on the Platform. Publication of Listings requires Hosts to provide the following data about the Vehicle:

Vehicle make and model;
Year;
Accumulated mileage;
Comfort features;
Rental price.

The published Price will be set by the Host, without prejudice to non-binding suggestions made by Olacar based on similar rentals and its experience in managing the Platform.

Each Host may establish special conditions for Rentals provided they do not contradict these Terms and Conditions and do not constitute unjustified discrimination contrary to the Law. Thus, by way of example, they may state that the Vehicle does not allow pets, smokers, etc.

Olacar reserves the right not to authorise or to remove the publication of a Vehicle for rental if it finds non-compliance or absence of any of the enabling requirements to advertise or the validity of the Host Account, in accordance with these Terms and Conditions.

Olacar reserves the possibility of offering Hosts the option to publish preferential or featured listings in order to promote their publications and attract more Drivers. These conditions will be agreed individually by Olacar with Hosts with the corresponding consideration.

Vehicle conditions

To be eligible for listing, vehicles must have the following characteristics:

The Vehicle must be in good working order, providing the expected normal operation with the average diligence of a reasonable person. In this regard, they must provide real, accurate, complete and up-to-date information about the Vehicle in their Listing.
To comply with all regulatory requirements (Laws, Municipal Decrees, Digest, etc.) for its circulation.
The Vehicle must be up to date with the payment of taxes, fees and municipal and national levies, as well as with technical inspections.
To be covered by Compulsory Motor Insurance (SOA) in accordance with Law Nº 18.412 of 17 November 2008.
To have had a maintenance service carried out within the six (6) months prior to Vehicle registration on the Platform.
Vehicles must be maintained and regularly serviced in accordance with the manufacturer's recommendations, and must have all safety equipment required by the competent authorities. All Vehicle equipment must, to the Host's best knowledge and belief, be in good working order, including tyres, brakes, headlights, other lights, steering and seat belts, as well as any other equipment relevant to the normal operation of the vehicle under normal conditions.

Vehicles will be organised by Olacar according to their technical characteristics within the following categories:

Hatch
Sedan
Pick-up / SUV
Utility vehicles
Truck
Motorhome

Vehicles older than five (5) years and those that in Olacar's sole judgement so warrant shall be subject to a mechanical inspection to certify that they are in rental condition. The mechanical inspection in these cases shall be at Olacar's expense and instruction.

Hosts are responsible for updating the Vehicle description in the Listings if the Vehicle's condition changes, i.e. after new damage or repairs.

Olacar reserves the right to accept or reject a Vehicle for failing to meet the minimum technical characteristics in its judgement.

User identity verification and Vehicle conditions

At the time of User registration, Olacar will carry out the identity verifications indicated below. Users are responsible for providing real and accurate information about their identity. Olacar does not guarantee any User or Vehicle and does not provide any representation, confirmation or approval regarding Users, their identity or their background.

Hosts must provide to Olacar, as applicable and without prejudice to the request for further information:

Photo of their Identity Card, Passport or foreign National Identity Document (front and back);
Photo of Vehicle registration document (libreta de propiedad) (front and back);
Photo of notarial power of attorney authorising the Vehicle to be given in lease;
Photo of the insurance policy taken out;
Contact phone number;
Payment method for receiving payment from among those provided by Olacar.

Drivers must provide to Olacar, as applicable and without prejudice to the request for further information:

Photo of their Identity Card, Passport or foreign National Identity Document (front and back);
Photo of their National or Foreign Driving Licence with authorisation to drive in Uruguay (front and back);
Contact phone number;
Payment method from among those provided by Olacar.

Olacar will withhold payment of any sum until the information provided by Users has been validated.

Vehicle booking

Drivers will have access to Listings published by Hosts only through the Platform, after authentication of their user account. The specific Rental conditions will be set out in the Listings. Before booking the Vehicle, Users may address any questions and queries to Olacar through the phone number provided in the Contact section of the Platform.

Drivers who wish to rent one of the published Vehicles must make a Booking request by payment through the means provided by Olacar.

Once the Booking payment has been confirmed, Users will have access to a Chat service within the platform to coordinate Vehicle handover. Users may not exchange contact details, including phone numbers, social media usernames or any other form of contact outside the Olacar Platform.

Users declare that they know and accept that the communication of data provided by Olacar will have as its sole purpose the performance of the Rental in accordance with the terms of the Listing and the Booking. Once the data has been communicated, Olacar shall not be responsible for the use that Hosts or Drivers make of it.

Vehicle handover

If the Booking is confirmed, Users will proceed to sign a Rental Form at the time and place of Vehicle collection. The Rental Contract is governed by these Terms and Conditions, together with the completed and signed Rental Form by the Users in accordance with the template provided by Olacar through the platform.

If the Host is not at the agreed place and time, the Driver must report this immediately to Olacar. Olacar may impose a penalty on the Host of 2 U.R. to be deducted from amounts to be paid by Olacar.

Once the Rental Form has been signed and the Rental has started, the Driver shall be deemed to have accepted the condition of the Vehicle as is, with no possibility of disputing that condition subsequently. Consequently, if the Host finds damage to the Vehicle after the Rental, the Driver shall be deemed to have caused such damage and may incur repair costs.

If after the end of a Rental the Vehicle Host claims that damage occurred during that Rental, the Driver may provide comments and photos as evidence that the damage already existed when the Rental began. Otherwise, the repair costs for the damage may be charged to the Driver.

Rental Form

The Rental Form template is available for reading and signing through the Platform. Notwithstanding the foregoing, Users may download and sign the paper version with their usual handwritten signature. In this case, both parties will keep a copy of the Rental Form.

The terms contained in this document and the Rental Form may not be modified by Users without prior authorisation from Olacar. Notwithstanding the foregoing, the data must be completed by Users on the Rental Form, and must indicate:

Date and time of handover;
Mileage at the date of Vehicle handover;
Fuel level. In all cases, the User and the Host may take a photo of the fuel level on the dashboard to have a record of the level at the start and/or end of the Rental, which may be uploaded to the platform with the photograph considered as an Annex to the contract;
Photographs of the Vehicle, including in particular any visible damage to the exterior or interior; and
Level of cleanliness of the Vehicle. At the start of a Rental, the Host must

deliver a Vehicle that is clean to the Driver, both inside and outside.

The Driver will inspect the Vehicle (inside and out) before the start of the Rental, and the Driver and the Host will complete, verify and sign the Rental Form together. It is the responsibility of Users to carry out the checks on the Vehicle at the time of signing the Rental Form. Olacar shall not be responsible for any discrepancy with the information contained in the Listing, defect or fault in the rented Vehicle.

Photographs must be taken in good lighting conditions and of good quality to identify the subject photographed and the details identified. All photographs uploaded to the Olacar Platform shall be considered an integral part as annexes to the Rental Contract. Users must keep the photographs for at least three (3) months from the signing of the Rental contract.

Both Users may add comments on the Rental Form at the start of the Rental. Any detail that Users identify on the Vehicle must be added to the comments on the Form before signing, and shall be considered annexes to it.

Once both Users have completed all mandatory information on the Rental Form, taken the photographs and made all comments on the general condition of the Vehicle, they will sign the Rental Form (on paper or electronically), thereby binding the Users to the Rental Contract and these Terms relating to it.

The Rental Form and Photographs must be sent to Olacar for registration at the time of Vehicle collection. When using the Platform to sign the Contract, Users consent to the use of common electronic signature for the signing of the Rental contract, in accordance with the terms of Law Nº 18.600 on Electronic Document and Signature.

Host verifications

The Host will verify the Driver's identity and driving licence. To do so, they will check that the Driver matches the photographs on their identity document and driving licence, that both documents are original and valid and that all details match those indicated in the Rental Contract. The Host must verify that the Driver has held the driving licence for the minimum number of years indicated in Clause 6 (Driver User conditions).

The Host may in no case sign the Rental Contract and hand over the Vehicle if:

Any of the details do not match the person presenting themselves to rent the vehicle;
Any of the documents provided has expired or is limited;
The driving licence provided does not authorise driving the Vehicle that is the subject of the rental, or has special requirements that are not met by the Driver.

Driver verifications

The Driver shall be responsible for verifying the Host's identity and the general condition of the Vehicle. To do so, the Driver must check their identity document and registration document (libreta de propiedad), noting their validity and that they match the registration plates on the vehicle. The Driver must also verify the validity and coverage of the insurance policy taken out by the Host.

Before starting the Rental, the Driver must verify:

General condition of the Vehicle;
Fuel and oil level;
Condition of the tyres;
Interior and exterior cleanliness of the Vehicle.

They may take photographs for comparison with the time of return, which will be uploaded to the platform.

Users undertake to inform Olacar immediately if they identify any of these grounds (both for Hosts and Drivers), in which case they must not proceed with the Rental. If Users do not inform Olacar, they shall be responsible for the consequences of not verifying the elements listed in this article and may be blocked or removed from the Platform. Users accept that Olacar does not carry out any of the checks and verifications mentioned above. Each User is solely and exclusively responsible for these checks and verifications.

If the Vehicle is handed over without a minimum level of cleanliness, the Driver shall have the option to Cancel the Rental or request from the Host reimbursement of the Vehicle Cleaning Commission that must be paid before the start of the Rental.

Performance of the Rental

Users will agree the date, time and place for the start of the Rental as well as for Vehicle return. Both undertake to fulfil their obligations punctually.

If the Driver wishes to extend the period of an ongoing Rental, they must request it through the Platform. To do so, they must use the same payment method they used for the initial Vehicle booking. The Host reserves the right to accept or reject the extension request before the end of the period, at their sole discretion and without giving reasons.

If the Driver keeps a Vehicle beyond the initial Rental period without having validated an extension with the Host, Olacar will extend the Rental until the actual time of Vehicle return, so as to cover the rate set by the Host and the coverage of the insurance taken out.

Driver obligations

The Driver undertakes to drive in compliance with traffic rules and with respect for other drivers, pedestrians and passengers in the Vehicle. They specifically undertake to drive with full use of their faculties, carrying all documentation required by the competent authorities, and to refrain from driving under the influence of drugs, narcotics or in a state of intoxication.

Incidents and problems during the Rental

The Driver undertakes to report any problem, breakdown or damage related to the Vehicle to the Host and to Olacar immediately through the channels provided by the platform.

They must also report the imposition of any fine for breach of traffic rules by the authorities.

End of Rental

When returning the Vehicle, the Renter and the Host will verify the condition of the Vehicle, indicate the mileage and fuel level, make any comments about the Vehicle, indicate whether any damage was caused to the Vehicle or whether it had a breakdown or incident, take new photographs, then complete and confirm the end-of-Rental process provided by the platform. Users must keep a copy of the printed or electronic Rental Form for at least one year after the end of the Contract.

The Driver undertakes to:

Return the Vehicle with the same fuel level as indicated in the Rental Form and the Photographs attached to the Contract.
Return the Vehicle in the same or better condition of cleanliness as at the start of the Rental. In the event of excessive dirt beyond normal use of the Vehicle, the Host may make a claim to Olacar who will assess each particular situation. As compensation to the Host, Olacar may charge the Driver for the corresponding extraordinary cleaning. Drivers who do not pay the required amount may be sanctioned by limitation and/or removal from the Platform.

Punctured or damaged tyre

If during the performance of the Rental one or more tyres suffer damage or punctures, Olacar will set the repair charge according to the following criteria. If the tyre was in good condition at the start of the Rental and the puncture or damage was due to an unforeseeable event and/or the driving location, the repair with all costs (replacement or repair of the punctured tyre) shall be at the Driver's expense. If the punctured or damaged tyre was due to normal wear or defective maintenance, or if the punctured tyre is more than 5 years old, all costs (replacement or repair of the punctured tyre) shall be borne by the Host.

Late return

The Vehicle must be returned at the place, date and time agreed by the Users. If it is not returned within sixty (60) minutes thereafter, the Host must contact Olacar immediately.

If the Vehicle is returned more than sixty (60) minutes after the agreed time, the Driver must pay Olacar the amount corresponding to half (1/2) a day's rental at the agreed price, without prejudice to the provisions of Clause 13 of these Terms and Conditions.

In accordance with the Motor Insurance Policy of the Insurance Company (Annexes I and II), incidents occurring outside the contract period will not be covered by the Additional Insurance.

User ratings

Once the Rental has ended and the Vehicle has been returned, Users will have the opportunity to rate each other through the Platform. Users consent to this rating system and authorise the publication of the comments they send and receive in a public manner on their user profiles.

Olacar reserves the right to moderate in the broadest sense the comments between Users and the power to exclude Users who do not comply with the rules of respect and tolerance. Aggressive, threatening, discriminatory, racist, xenophobic, revisionist comments, those inciting racial hatred, calls to violence and obscene messages are not permitted. Users may report such comments as well as request a review if Olacar applies any moderation measure. Olacar shall have the final decision on publication guidelines on the platform.

Cancellation of a Rental

Before Vehicle handover

Once the Booking has been made and payment confirmed, the Driver User may cancel their booking, in which case the following refunds will apply:

Cancellation up to forty-eight (48) hours before the start of the Rental: Refund of seventy per cent (70%) of the price paid for the Booking.
Cancellation up to twenty-four (24) hours before the start of the Rental: Refund of fifty per cent (50%) of the price paid for the Booking.

If the Vehicle is not in the conditions established in the Listing or agreed by the Users, the Driver may request cancellation and refund of the amount paid through the Platform. Olacar will analyse the claim and if it verifies the declared discrepancy, a voucher will be issued to the Driver for the amount paid for the Rental of a new Vehicle through the Platform.

The Host may cancel the Booking before Vehicle handover at their sole discretion and without any liability. Olacar reserves the right to apply sanctions or block the Account of Hosts who exceed a reasonable ratio of average cancellations without renting their Vehicle.

For the purposes of this clause and without prejudice to the other provisions of these Terms and Conditions, the start of the Rental shall be understood as the time of Vehicle handover.

During performance

The Host and the Driver may cancel a Rental made on the Website at any time. This cancellation must be made on the Website through the user's Account in the «Your rentals» section. There, the Rental in question must be selected and then «Cancel rental».

If, once the Rental has started and within a maximum period of twelve (12) hours from the start, the Driver finds that the Vehicle is not in the conditions established in the Listing or poses a risk to road safety, they must contact Olacar immediately. Olacar will analyse the claim and if it verifies what the Driver has declared, it will refund the amount paid. In such case, the Vehicle will be returned to the Host without any right to payment or compensation of any kind.

Insurance

Rental contracts entered into between Host Users and Drivers using the Olacar Platform will have a specific insurance policy provided by the Insurance Company.

The General Conditions (Annex I) and the Particular Conditions of the Vehicle Insurance Policy (Annex II) apply to this policy. By this act, Driver and Host Users declare that they know, accept and are bound by both documents.

The additional insurance taken out for the purpose of rentals through the Platform only covers while the covered period lasts, i.e. between vehicle collection and when the contracted time ends through the insured's application or until the renter returns the vehicle to the lessor, whichever occurs first. Taking out this insurance does not imply the right to breakdown assistance service.

Without prejudice to the policy taken out for rentals arranged through the application, the Host User must inform at the time of Vehicle registration the insurance contract taken out on the vehicle (Company and Insurance). In the event of any modification, they must inform Olacar within ten days and always before carrying out a new rental. Information about the insurance contract will be shared with the Insurance Company solely for the purpose of the additional insurance to be taken out.

Deductible

In the event of a claim, the Driver User undertakes to pay the deductible excess established in the contract of eight hundred US dollars (USD 800).

Procedure in the event of claims

In the event of a claim, the Driver must immediately notify Olacar of its occurrence through the link provided on the platform for this purpose. The Driver must follow the indicated steps in order to make the report, document the incident and open the claim.

Fines for breach of conditions

Drivers must comply with the conditions established in the Listing, the Rental Form and the Terms and Conditions. In the event of breach, upon completion of the Rental they must pay Olacar the following fees:

Breach of a condition established by the Host in the Listing: Fine 2 U.R.
Driving by a person not registered as an additional driver: Fine 2 U.R.
Breach of conditions established in these Terms and Conditions: Fine to be set by Olacar assessing the seriousness of the situation without prejudice to suspension or exclusion from the platform.

Olacar reserves the right to record the observations it deems appropriate in Users' accounts for breach of the conditions established in the Listing and/or these Terms and Conditions. If a Vehicle receives three (3) claims, Olacar may remove or suspend the associated Listings.

Payment administration

The Rental Price will be set by the Host according to the type of Vehicle and duration of the Rental. Olacar may make suggestions based on experience gained from previous rentals and management of the Platform. The price shown in the Listings published by Hosts includes:

Amount to be paid to the Vehicle Host (VAT included);
Commission to be paid by the Driver for Olacar services (VAT included);
Vehicle cleaning commission;
Insurance premium.

Olacar will pay the Host the Price that they set in their Listing, retaining the Service Commission from the Host. Payments will be made by Olacar through the payment method indicated in the Host User's account on the fifteenth (15) and thirtieth (30) of each month.

Users authorise Olacar to make withholdings or holds on the payment methods used, including credit cards, in order to secure collection of amounts owed in the event of claims, fines, damages or other repairs owed by the parties to each other or to Olacar. The amounts and periods of these withholdings will be notified in advance of the use of any payment method.

Olacar service commissions

Driver service commissions

For its services in searching for and renting Vehicles from Hosts, Olacar will apply a Service Commission to the Driver for each Rental. The Commission will be paid together with the Rental Price, amounting to seven per cent (7%) of the Price.

Host service commissions

For its services in publishing Listings on the Platform, Olacar will apply a Service Commission to the Vehicle Host for each Rental. The amount will be deducted from the payment to the Host and amounts to seven per cent (7%) of the Price.

Hosts acknowledge that income obtained through Rentals made through the Platform may be subject to tax. It is their sole responsibility to obtain professional advice and comply with their obligations to the tax authorities. In no sense shall Olacar be understood to be involved in these processes nor shall it have any liability for non-compliance by Hosts or any User of the Platform.

Intellectual property

Olacar is the sole owner of all intellectual property rights relating to the texts, images, sounds, videos, databases, software and any other nature that make up the Website and the Platform.

Users undertake not to infringe any of Olacar's intellectual property rights. Users may not use any of the functions of the Website or the Application, including printing, downloading and email, for the purpose or with the effect of infringing the intellectual property rights attached to the Website / the Application and its components.

Users expressly undertake to:

Use the website and the application only to benefit from the platform and not to affect any of Olacar's intellectual property rights in respect of the website, the application, the elements that comprise it and its trademarks, nor against third-party rights in respect of the elements they make available on the website, the application or through the platform;
Refrain from reverse engineering or malicious use of the Platform, its code or domains;
Not replicate, attempt to replicate or assist a third party to replicate the Platform or any of its elements or processes, in whole or in part;
Keep their access password private and do everything possible to ensure that no third party can access, or illegally access, all or part of the Service in any way or form;
Notify Olacar immediately of the loss, third-party access or disclosure of their access password.

Breach of any of these obligations will entitle Olacar to take such control and sanction measures as it deems appropriate, including temporary or permanent suspension of the User Account, without need for prior notice and without prejudice to any damages it may claim through the appropriate channels.

Users grant Olacar a worldwide, non-exclusive licence for the duration of their contractual relationship over the content and data of their User Accounts for its use. This licence includes, by way of example: usernames, photographs, comments about other Users and Vehicles, information from Listings and Vehicles, among others. Olacar may use this data and content in such manner as it determines, including for advertising purposes and in compliance with the Privacy Policy.

Olacar liability

Rentals

Olacar acts as a digital intermediation platform. Its participation is limited exclusively to connecting Users, Hosts and Drivers, for the performance of Land Vehicle Rental Contracts. Olacar is not a party to the Rental Contracts nor does it rent its own vehicles. In this regard, it is a third party to the contractual relationship formed between Hosts and Drivers in each Rental. The relationship between Olacar and Users may not be interpreted as, nor does it constitute, a vehicle rental company without a driver.

Nor does it provide any warranty as to their performance, the quality and condition of the Vehicles, payment of Rentals, or the responsibility and expertise of Drivers.

Olacar's activity does not constitute or represent a vehicle rental company without a driver, nor does it give any warranty as to compliance with regulatory requirements, namely registrations, authorisations or permits, for the rental of vehicles without a driver by Hosts and Drivers. Host Users declare that they know that it is their sole responsibility to comply with legal and regulatory requirements, as well as payment of the corresponding taxes and fees for the activity they carry out in connection with vehicle rental.

No Party may commit the other Party in the other's name and on the other's behalf. Each Party acts in its own name and on its own behalf. The activities of Olacar, Host Users and Driver Users are entirely independent and may in no case be considered jointly or carried out by a single entity. Nothing contained in these Terms and Conditions or the Platform shall be interpreted as creating an agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither Party shall have authority to contract or bind the other Party in any way.

More generally, Olacar may in no way be liable for indirect or incidental damage caused to Users in the performance of these Terms.

Use of the Platform

In no case shall Olacar or its administrators be liable for any direct or indirect, consequential, incidental or special damages, including, by way of example but not limited to, any emergent damage or loss of profit, interruption of work, breakdown, failure or losses, even if the possibility of such damages has been notified to a representative of the owner, or for any claim by third parties.

Both access to the Platform and any unauthorised or unconsented use that may be made of the information contained therein is the sole responsibility of the person carrying it out. Olacar shall not be liable for any consequence, damage or loss that may arise from such access or use.

Olacar may in no case guarantee the solvency of Users, including Drivers, even when pre-authorisation is used. Users must verify the identity of their contact (Host or Driver, as applicable), the Host's Vehicle documents and the Driver's driving licence at the time of Vehicle handover.

Users acknowledge and accept that Olacar is not obliged to verify the background of its Users. At its sole discretion and when it deems it appropriate for the purpose of providing a better service, Olacar may verify a User's records, to the extent permitted by applicable law and if it has sufficient information to identify that User. Compliance with these checks shall not be understood as the assumption of greater responsibility by Olacar nor shall it be liable for damage caused to other Users.

Nor may Olacar be held responsible for removing or making inaccessible any unlawful content uploaded to the Platform.

Personal data

Olacar is responsible for the processing of your Personal Data that is collected through your use of our Service, Website and Platform. This means that Olacar is specially in charge of its collection, its security and its use for the purposes that Olacar details in its Privacy Policy in compliance with data protection regulations. At the time of registration as a User, you accept such processing and warrant the accuracy of all data provided by you.

Modification of the Terms

Olacar updates the features and details of the Website, the Platform and the Services to ensure their operation and quality.

Olacar may modify the Terms unilaterally at any time, in particular to comply with any change in Olacar's Services or any legal, case law, editorial or technical change. Olacar will notify Users before the modified Terms take effect. Users may object to the new version of the Terms by closing their Account within 30 days of receiving the change notification. After this period, all changes will be deemed accepted. If a User does not accept the new Terms, the agreement between Olacar and that User will be terminated and the User must immediately cease using the Website, the Platform and the Services.

The Terms applicable to each Rental booked on the Platform are those accessible online at the time of acceptance of the Rental by the Host.

Users are reminded that it is their responsibility to consult the latest version of the Terms accessible on each page of the Platform before making any new Rental.

Applicable law and jurisdiction

These Terms and Conditions are governed by the law of the Oriental Republic of Uruguay.

In the event of a dispute relating to the interpretation or performance of these Terms, the Parties undertake to seek an amicable solution.

If such a solution is not reached, the dispute shall fall within the competence of the courts and jurisdiction of Uruguay.

Annex I

Link to General Insurance Conditions according to the Insurance Company.

Annex II

Particular Conditions of the Vehicle Insurance Policy

In the event of any discrepancy between the General Conditions of the Vehicle Insurance Policy and these Particular Conditions, the latter shall prevail.

1) DEFINITIONS

The following definitions are in addition to the definitions in the GENERAL CONDITIONS of the Motor Insurance Policy:

Additional Insured: is the owner of the vehicle given in lease through the Insured's application, only during the period that such lease lasts (Covered Period).
Renter: Is the person who rents the rented Vehicle and who must be the driver during the Covered Period.
Rented Vehicle: Means those motor vehicles that are rented through the Insured's Application.

D) Covered period: Means the period during which coverage is provided and which begins when the Renter collects the rented vehicle, and ends when the time contracted through the Insured's application ends, or until the Renter returns the vehicle to the lessor; whichever occurs first.

2) COVERAGES AND INSURED SUMS

The coverage contracted will be a Global plan from the Insurance Company, with 40 Civil Liability capitals.

The characteristics of the coverages and the insured sums are set out in the General Conditions of the Policy.

This policy includes the Compulsory Motor Insurance (SOA) required by Law 18.412, which sets a maximum coverage of 250,000 UI (two hundred and fifty thousand indexed units), per insured vehicle and per accident.

3) SCOPE OF COVERAGE

The coverage of this policy applies to Rented Vehicles driven by Renters, while they are in a Covered Period

4) MISCELLANEOUS

A. The Contractor of this policy will be considered as Insured only for Extracontractual Civil Liability coverage. The Additional Insured will be considered Insured for all contracted coverages.

B. Primary Policy. Notwithstanding the content of Article 17 under "Plurality of insurance contracts" of Chapter 2 of the GENERAL CONDITIONS, the coverage granted by this Policy will be primary and will apply before any other existing coverage. If there is additional coverage that could apply in excess and the existence of this coverage is known to the Insured at the time of a reported incident, the Insured will notify the Bank.

C. Contract termination or non-renewal. The provisions of article 11 of Chapter 2 of the GENERAL CONDITIONS do not apply and instead it is established: the Bank or the Insured must communicate the non-renewal of the policy with written notice of at least thirty (30) days in advance to the other party.

D. The mechanical assistance service does not apply to this policy.

5) RATE

A rate per rental day will be applied, which will be reflected on the face of this policy. The rate will be expressed in Uruguayan Pesos.

6) DEDUCTIBLES TO BE APPLIED

A fixed deductible excess of US$ 800 (eight hundred US dollars) will be applied in each partial damage claim to the rented vehicles.

7) PREMIUM CALCULATION

The premium will be invoiced in monthly periods.

The premium for each month will be calculated by multiplying the agreed rate by the total rental days of all vehicles rented through the Insured's application during the previous month.

The Insured will declare the rental days at month end, within five (5) business days after the start of the following month.

8) PREMIUM PAYMENT

The Insured will pay the premium within ten (10) business days of having received the corresponding invoice.

9) PROCEDURE IN THE EVENT OF CLAIMS

The claims reporting process is defined in a Claims Handling Agreement, according to the document agreed between the Insurance Company and the Insured for claims processing. This Agreement must prevail over the applicable sections of Chapter 7 of the GENERAL CONDITIONS and may be reviewed and adjusted at any time during the validity of the policy, provided that there is agreement between the Insurance Company and the Insured.