Terms of Service

Terms of service

Date of last changes: 2023-11-15

Thank you for your interest in VinRent!

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS.

Introduction

CÔNG TY TNHH BESPALOV IN VIETNAM (“VinRent”, “we”, or “us”), provides an online car sharing platform that connects vehicle owners with travelers and locals seeking to book those vehicles. VinRent is accessible online including at VinRent.vn and as an application for mobile devices. The VinRent websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other VinRent users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and VinRent.

These Terms, together with the Cancelation Policy, applicable insurance terms and certificates, roadside assistance terms, and other policies (together, the “Policies”) constitute the “Agreement” between you and VinRent (each a “Party” and together, “the Parties”).

Modification. VinRent reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your VinRent Account within 30 days. If you choose to close your VinRent Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.

Eligibility, registration, verification

Eligibility

The Services are intended solely for guests who are 21 or older. Any use of the Services by anyone that does not meet these age requirements is expressly prohibited.

Registration

To access certain features of the Services, you must sign up for an account with us (a “VinRent Account”). You can create a VinRent Account by providing us your first and last name, email address, and creating a password or connecting through an account with a third-party site or service (including Apple, Facebook, and Google). When you book a vehicle as a traveler or guest (“guest”), you provide us with certain additional information about yourself. Similarly, when you list a vehicle as a vehicle owner (Partner), you provide us with certain additional information about yourself and your vehicle(s) (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your VinRent Account up to date at all times. Based on information you provide, VinRent may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements). To fight spam and abuse of the Services, VinRent has right to implement Captcha which is subject to respective privacy policy.

Verification

Where permitted, VinRent has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity and (2) verify vehicle details. VinRent does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. VinRent may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize VinRent to request, receive, use, and store such information. VinRent may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. VinRent may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles beyond our policies that require partners to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our requirements.

Fees, taxes

Fees

The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your trip at checkout before you submit your trip request. When you provide VinRent a payment method, you authorize VinRent, or third-party service providers acting on behalf of VinRent, to store your payment credential for future use in the event you owe VinRent any money. You authorize VinRent to use stored payment credentials for balances, including for late fees, security deposits, processing fees and claims costs, and related administrative fees. In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances.

Collection of fees

VinRent and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. VinRent, or the collection agencies we retain, may also report information about your VinRent Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your VinRent Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information VinRent reported to a credit bureau, please contact us. If you wish to dispute the information a collection agency reported to a credit bureau regarding your VinRent Account, you must contact the collection agency directly.

Your commitments

You agree that you will always use your VinRent Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by VinRent.

Account Activity. You are, and will be solely responsible for, all of the activity that occurs through your VinRent Account. Keep your VinRent Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your VinRent Account, whether or not you have authorized such activities or actions. You will immediately notify VinRent of any actual or suspected unauthorized use of your VinRent Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your VinRent Account unless you have reported unauthorized access to us.

Content

VinRent Content and User Content License. Subject to your compliance with the provisions of these Terms, VinRent grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any VinRent and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by VinRent or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or trip. By making available any content on or through the Services, or through VinRent promotional campaigns, you grant VinRent a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to VinRent photography provided to partners, VinRent does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

Prohibited activities

In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:

Violate any law, including:

Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights

Post false, inaccurate, misleading, defamatory, or libelous content

Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to VinRent, or that comes from the Services and belongs to another VinRent user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of VinRent

Dilute, tarnish, or otherwise harm the VinRent brand in any way, including:

Through unauthorized use of the Services and/or user content

Registering and/or using "VinRent" or derivative terms in domain names, trade names, trademarks, or otherwise

Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to VinRent domains, trademarks, taglines, promotional campaigns, or VinRent and/or user content

Provide or submit any false or misleading information, including:

False name, date of birth, driver’s license details, payment method, insurance, or other personal information

In relation to a claim (for example about damage to a vehicle)

By registering for a VinRent Account on behalf of an individual other than yourself or the company you represent

Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity

Fail to honor your commitments, including:

Fail to pay fees, penalties, or other amounts owed to VinRent or another user

Fail, as either a guest or partner, to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason

Use the Services to find a partner or guest, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by VinRent (aka, gray market transactions, which do not necessarily require the exchange of money)

Transfer your VinRent Account and/or user ID to another party without our consent

Leave a vehicle unlocked or running with the keys inside, except where instructed to do so directly by VinRent in certain limited circumstances

Harm or threaten to harm users of our community, including:

Harass, stalk, or defame any other VinRent user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a partner or guest in accordance with these Terms

Engage in physically or verbally abusive or threatening conduct

Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers

Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the VinRent community

Sue or assert legal claims against VinRent or a VinRent user in any manner prohibited or waived by these Terms

Use the Services for your own unrelated purposes, including to:

Contact another VinRent user for any purpose other than in relation to a booking, vehicle, listing, or the use of the Services by such user

Commercialize any content found on the Services or software associated with the Services, including reviews

Harvest or otherwise collect information about users without their and our consent

Recruit or otherwise solicit any user to join third-party services or websites that are competitive to VinRent, without our prior written approval

Interfere with the operation of the Services, including by:

Interfering with any other user’s listings

Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)

Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm VinRent or the interests or property of others

Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure

Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise

Using, displaying, mirroring, or framing the Services or any individual element within the Services, the VinRent name, any VinRent trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of VinRent

Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers

Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures

Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by VinRent or any of our service providers or any other third party (including another user) to protect the Services

Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information

Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services

Endeavoring to circumvent a suspension, termination, or closure of your VinRent Account or the account of another VinRent user, including, but not limited to, creating a new VinRent Account or listing vehicles affiliated with or registered to a VinRent Account holder that has been suspended, terminated, or closed

Other legal matters

Violations. VinRent has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.

VinRent reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that VinRent, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing VinRent, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your VinRent Account and access to the Services, remove partnered content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.

Policy enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.

Communications with you. You agree that VinRent may contact you by electronic means (e.g., electronic mail; notifications via VinRent messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your VinRent Account or VinRent Account activity, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Where VinRent is required to obtain your consent for such communications, you may choose to revoke your consent.

You authorize VinRent and our service providers, without further notice, to monitor or record telephone conversations or web chat interactions you have, or anyone acting on your behalf has, with VinRent or its agents for quality control, training, or other purposes. You understand and agree that your communications with VinRent may be overheard, monitored, or recorded. If you do not wish to have your chat activity recorded or monitored, please do not use the chat function on the Services.

Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.

Specific terms for guests

The following sections also apply if you book a vehicle using the Services:

Guest commitments

As a guest, you commit that you will be a legally licensed driver and provide valid driver’s license. You will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked.

Guest financial responsibility for physical damage to the vehicle

The guest that booked the trip (“primary guest”) is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary guest has their own auto insurance or not.

Primary guests may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle on VinRent, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with VinRent to make a claim for coverage under any policy of insurance that applies to the loss.

Use of the vehicle

When you book a vehicle on the Services, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Uber or Grab or delivering food or other packages) unless you have express written permission from the VinRent in advance. You may not access a vehicle until the trip start time and you must return the vehicle on time and to the correct location. You must present with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are always required to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event VinRent has any concern about your use of a vehicle, VinRent may terminate your trip in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the partner. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). If you have any concerns about your planned use, please contact us. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Guests also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.

Telematics notice and release. Vehicles booked on VinRent may have features or an on-board device that may monitor the state of the vehicle from moment to moment, during a trip. The non-personal information collected by the features or on-board device may include, for example, a vehicle’s condition; damage and accident records; performance, operation, and diagnostic data; and information on mileage, acceleration, velocity, fuel consumption, fuel level, tire pressure, odometer, location and direction, and other vehicle information (“Vehicle Data”). Use of the features or on-board device is subject to the terms and conditions posted by the vehicle manufacturer or technology provider, which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information, and user responsibilities. Unless prohibited by law, you authorize the use or disclosure of or access to the Vehicle Data and you shall inform any Approved Driver and passengers of the terms of this section. You release the partner and agree to indemnify, defend and hold harmless partner, operator of the features or on-board devices, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation you, an Approved Driver, and passengers) or property caused by failure of the features or on-board device to operate properly or otherwise arising from the use of the feature or on-board device by you, an Approved Driver, or passengers.

Condition of the vehicle and optional Extras

You understand that third parties own the vehicles and Extras offered through the Services. Each partner is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should fix such pre-existing damage at the start of your reservation. If you find damage on your initial inspection and fail to report it, VinRent, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; instead, please contact the VinRent team immediately.

No responsibility for shared vehicles or personal belongings

You acknowledge that VinRent is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the Services beyond our policies that require partners to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our requirements. You also acknowledge and agree that neither VinRent nor partners are responsible for lost or stolen property left in any vehicle or taken or damaged during a trip.

Incident reporting

Where you elected for a protection plan when booking your trip via the Services, you must immediately report any damage to the vehicle you are using to VinRent. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide VinRent or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by VinRent, third party claims administrators, or insurers. After an incident involving anything more than minor vehicle damage (e.g., small dent or scratch), you may not continue to use the vehicle unless you have the explicit permission of VinRent staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.

Vehicle theft

The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:

If you fail to return the vehicle you booked at the time and place agreed upon with the partner and/or designated in your reservation

If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Service

If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the partner. Any damage to, or loss or theft of, a vehicle occurring prior to the partner inspecting the vehicle upon return at the end of the reservation is the guest’s responsibility

If you misrepresent facts to the partner pertaining to booking, use, or operation of vehicle

If the vehicle’s interior components, and, in France, the mandatory safety equipment, are stolen or damaged, or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period

If you fail or refuse to communicate in good faith with the partner, police, VinRent, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism

If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, who has obtained the keys without permission of the partner, or who misrepresents or withholds facts to/from the partner or VinRent material to the booking, use, or operation of vehicle

The primary guest who books the reservation is responsible for any private investigation costs VinRent deems necessary to recover a vehicle that is not returned.

Repossession. VinRent, a hired agent of VinRent, or the partner may repossess any vehicle booked through the Services without demand, at the guest’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.

Missing Vehicles. If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the partner, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with the partner, law enforcement, VinRent, and other authorities in all matters related to the investigation.

Specific terms for partners

The following sections also apply if you share your vehicle through the Services:

Partner commitments

As a partner, you commit that you will provide a safe and legally registered and insured vehicle, with current license plates, with a clean (non-salvage/branded/written off) title, and in good mechanical condition. You will provide such vehicle within 2 hours from notification of VinRent to location stated by VinRent. You commit that your listings will be complete and accurate and you will honor all representations made in your listings, including honoring the price quoted to a guest. You will not cancel a booking for the purpose of seeking a higher price from a guest. You will not offer any vehicle or optional Extra that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. If your vehicle is subject to a lease, loan, or other financing agreement, you must confirm sharing your vehicle on VinRent does not violate the terms of the contract with the lienholder. You will not offer any Extra that is not safe, clean, and acceptable for the use it is intended. You will not offer any vehicle that is the subject of a missing or stolen vehicle report. You will not offer any vehicle that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer a vehicle that is not roadworthy (i.e., not “street legal”) in the location where it is shared, and it will not have any illegal modifications to any part of the vehicle. You will remove any firearms or other weapons from your vehicle prior to providing it to a guest. When you direct VinRent to retrieve your account information from third parties, including but not limited to toll agencies, you grant VinRent a limited power of attorney to access the third-party services to retrieve such account information; VinRent will be acting as your agent and will not be acting on behalf of the third party.

Vehicle information given at listing

When you sign up for VinRent, you will identify passenger vehicle(s) that you want to list for sharing through the Services. Each vehicle must meet the requirements of VinRent. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation. If the vehicle you list on the Services is enabled with a device or OEM technology capable of determining location of the vehicle, collecting telematics data, disabling technology, or image capturing you agree to comply with the requirements for applicable law.

VinRent photography

VinRent may offer partners the option of having photographers take photographs of their vehicles and/or partners with their vehicles (“Images”). You alone are responsible for using the Images in connection with your VinRent listing and you agree that you will cease using the Images if they no longer accurately represent your vehicle. You agree that VinRent is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or VinRent’s ownership or registration thereof. You acknowledge that VinRent may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the VinRent photography program, you agree that you will not use the Images in connection with sharing your vehicle on any platform, website, or application other than VinRent. At VinRent’s request, you will execute documents and take such further acts as VinRent may reasonably request to assist VinRent to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.

Vehicle availability

Once a trip is booked and within 2 hours from booking notification from VinRent, you must make the vehicle available or deliver the vehicle as expected by the VinRent.

Pricing, earnings, and payments

VinRent will pay you the amount collected from guests that book your vehicle, less the applicable fees payable to VinRent. To the extent you owe VinRent or any third party lender money for any reason, VinRent also reserves the right to deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.

Maintenance

You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements, including any required safety inspections. You will only list vehicles with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be booked. In addition, if VinRent believes that your vehicle does not conform to reasonable standards, VinRent may notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved.

Physical damage to your vehicle

Other partner-specific insurance matters. You will maintain valid and up to date registration information and proof of insurance in any vehicle you share on the Services. You must maintain your own auto insurance policy for any vehicle you list on the Services and such policy must meet any minimum insurance levels required by law. You agree to provide VinRent with information regarding your auto insurance policy as may be requested and to keep such information up to date. Where not prohibited by law, you hereby appoint VinRent or a wholly owned subsidiary of VinRent as your attorney-in-fact for the purpose of filing insurance claims, receiving insurance payment, otherwise administering an applicable insurance policy, and/or working with law enforcement, guests, or private entities to recover your vehicle, as necessary.

Missing vehicles

If you are instructed by VinRent to file a police report, you must do so within 24 hours of receiving those instructions.

General provisions

Termination

You may discontinue your use of the Services at any time and VinRent may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and VinRent may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.

No vehicle transfer or assignment

Except as otherwise provided herein, guests and partners agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle or optional Extras shared through the Services.

Disclaimers

THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, VINRENT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. VinRent makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. VinRent makes no warranty regarding the quality of any listings, vehicles, partners, guests, Extras, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from VinRent, VinRent Insurance Agency, or its service providers or through the Services or content, will create any warranty not expressly made herein.

Limitation of liability and waiver

EXCEPT WHERE PROHIBITED BY LAW, YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST VINRENT AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “VINRENT PARTIES”) AND ANY VINRENT USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) VEHICLE AVAILABILITY (E.G., A VEHICLE NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH A VEHICLE (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A VEHICLE), (3) VEHICLE WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE VEHICLE), (4) THE LEGAL OR LICENSE STATUS OF A VEHICLE, PARTNER, OR GUEST, (5) THIRD PARTY ASSESSMENTS OF A VEHICLE'S VALUE, OR (6) ANY ACTION OR INACTION OF A PARTNER OR GUEST.

YOU AGREE THAT NEITHER VINRENT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES.

EXCEPT WHERE PROHIBITED BY LAW, YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY VINRENT USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VINRENT AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.

Indemnification

You agree to release, defend, indemnify, and hold VinRent and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of a vehicle or creation of a listing for a vehicle. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a vehicle or optional Extra. This indemnification provision is a fundamental element of the basis of the bargain between VinRent and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Translations

Where VinRent has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence.

Severability and non-waiver

In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.

General

VinRent does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of VinRent and VinRent will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.

The Agreement, including these Terms, states the entire understanding between you and VinRent concerning your access to and use of the Services and in case of any wording discrepancies between the Terms and signed Agreement, the signed Agreement language wording takes precedence on conflicted clauses.