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Terms of service

Terms of Service

TABLE OF CONTENTS

Last updated: 23rd July 2023

Specific terms for guests

Specific terms for hosts

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Tuuggo (“Company,” “we,” “us,” or “our”), concerning your access to and use of the https://www.tuuggo.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We, ANCESTRIDENTE – LDA, are registered in Portugal and have our registered office in Lisboa. The Site provides an online car marketplace that connects vehicle owners with travelers and locals seeking to book those vehicles. In order to help make the Site a secure environment for the purchase and sale of Marketplace Offerings, all users are required to accept and comply with these Terms of Use. You agree that by accessing the Site and/or the Marketplace Offerings, you have read, understood, and agree to be bound by all of these Terms of Use.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us, ANCESTRIDENTE – LDA, to any registration requirement within such jurisdiction or country. Accordingly, people who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Those who are under the age of 18 are not permitted to use or register for the Site or use the Marketplace Offerings.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and the Marketplace Offerings are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us, ANCESTRIDENTE – LDA, or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site ‘AS IS’ for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Marketplace Offerings and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We, ANCESTRIDENTE – LDA, reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

USER REGISTRATION

You must register with the Site in order to access the Marketplace Offerings. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You provide us extra information about yourself when you reserve a car as a tourist or visitor (“guest”). Similar to this, you give us certain extra information about yourself and your car(s) when you list a vehicle as a vehicle owner or host (“host”) (if applicable). During the registration, booking, and/or listing processes, you must supply correct, current, and comprehensive information.

Eligibility 

Users under the age of 18 are not eligible to use any services on our website. Any use of Tuuggo services by anyone that does not meet these age requirements is expressly prohibited.

Verification
Where permitted, Tuuggo has the right but not the obligation to conduct screenings, checks, and other activities geared toward (1) helping to confirm users’ identities or checking their backgrounds, including driving records and the validity of driver’s licenses, and (2) verifying vehicle information. Tuuggo makes no commitment to carry out any specific screening procedures or endorsing any vehicle, user, or user’s history. You hereby permit Tuuggo to seek, receive, use, and keep such information. Tuuggo may, in its sole discretion, employ third-party services to verify the information you supply to us and to collect further pertinent information and corrections, as necessary. Your request to reserve or list a vehicle may be approved or rejected by Tuuggo at its sole and absolute discretion. Tuuggo may make attempts to protect the security of cars shared through the Services, but it makes no commitment to do so. Beyond our policies, which demand that hosts make sure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title (e.g., are not salvaged, non-branded, non-washed, or written off), are not subject to any applicable safety recalls, and otherwise meet our eligibility requirements, we do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles.  

USER REPRESENTATIONS

Your commitments

You agree to use your Tuuggo Account and Services in a way that complies with all relevant laws, these Terms, and any other Tuuggo rules and standards. You are, and will be solely responsible for, all of the activity that occurs through your Tuuggo Account. Keep your Tuuggo Account information, including your password, secure.

Account activity 

By using the Site or the Marketplace Offerings, you represent and warrant that: 
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary; 
(3) you have the legal capacity and you agree to comply with these Terms of Use; 
(4) you are not a minor in the jurisdiction in which you reside;
(5) you will not access the Site or the Marketplace Offerings through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose;
(7) your use of the Site or the Marketplace Offerings will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose nor may you, in the use of Marketplace Offerings, violate any laws. Among unauthorized Marketplace Offerings are the following: intoxicants of any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content, images, or other adult products. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of the Site.

We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace Offerings displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend any Marketplace Offerings and the Site is provided for informational and advertising purposes only.

TAXES AND FEES

The fees we charge for utilizing the Services and other cost structures will be detailed at checkout for guests. Before submitting your trip request, you may double-check the amount for your trip at checkout. Hosts may examine here the profits on the Host Dashboard > Orders and read more about earnings breakdown. When you provide Tuuggo with a payment method, you enable Tuuggo or third-party service providers operating on Tuuggo’s behalf to keep your payment credential for future use if you owe Tuuggo money. Tuuggo has your permission to utilize saved payment credentials to settle balances, including Trip expenses, host fees, and guest fees (e.g., late fees, security deposits, processing fees, missing fuel fees (3%), and claims costs, and related administrative fees).

MARKETPLACE OFFERINGS

We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site. All descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of any of the Marketplace Offerings purchased by you will meet your expectations or that any errors in the Site will be corrected.

PURCHASES AND PAYMENT

We accept the following forms of payment:

–  Visa

–  PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace Offerings made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Euros.

You agree to pay all charges at the prices then in effect for your purchases and any applicable handling fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

REFUNDS POLICY

Please review our cancellation/refund Policy posted on the Site prior to making any purchases.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Marketplace Offerings.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of users of our community.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Make any unauthorized use of the Marketplace Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Marketplace Offerings as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise
  • 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;
    -A claim (for example about damage to a vehicle);
    -Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity;
    -Registering for a Tuuggo Account on behalf of an individual other than yourself.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation. 

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

Use License

If you access the Marketplace Offerings via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Marketplace Offerings: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

PRIVACY POLICY

We care about data privacy and security. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in Portugal. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Portugal, then through your continued use of the Site, you are transferring your data to Portugal, and you agree to have your data transferred to and processed in Portugal.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These conditions are governed by and interpreted following the laws of Portugal, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Tuuggo and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Lisbon, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Portugal, or in the EU country in which you reside.

INSURANCE

Comprehensive rental insurance (Tuuggo – Caravela)

The insurance policy number is 0800002476. More information regarding the General Conditions of the Policy can be found here.   Full comprehensive cover in case there is damage to the vehicle, fire, theft, or glass breakage, and complete 24/7 assistance in case of breakdown or incident. If a car rented through Tuuggo is immobilized on the road, guests should contact +351 211 571 982.   More information can be found in the insurance terms.   Terms  
  • Guests must be 21 years or older.
  • Guests must have a valid driving license for at least two years.
  • Photos of the car must be taken previously to completing check-in and at checkout. 
Insured object   By insured object, it is understood the light passenger vehicle, all-terrain, and minivan with a gross weight of up to 2800 kg and with a maximum age of 15 years, the object of a rental contract, registered on the Tuuggo digital platform and its inclusion in this contract communicated in advance, in accordance with the conditions of access to the previously defined service.   Coverage  

The guarantees are as follows:

  • Compulsory third-party liability up to €7 750 000;
  • 24/7 travel assistance;
  • Legal aid;
  • Capital guaranteed up to €100 000 for the damage resulting from a shock, collision, overturning, fire, theft, storm, natural phenomena, or act of vandalism;
  • Bodily injury to the driver with no excess and cover up to €1250;
  • Glass breakage covered up to €1500.
  Excess rates / Deductible

Insurance excess or deductible is applied in case of responsible damage or with an unidentified third party.

The glass breakage excess is 150€ in case of replacement of the glass element and no excess in case of repair (with a ceiling of 1500€ for repairs). Any glass breakage resulting from misuse by the renter will be excluded from the insurance cover.

For other damages, the excess amounts increase to €1,500 per incident.

An insurance excess applies, according to the following principle “One incident = one excess to pay”. Each excess will be determined according to the nature of the incident.

Use

Cover for private/recreational travel, excluding any onerous transport of persons and goods. The following trips are authorized:

  • Europe: Portugal, Spain, Andorra, France, Germany, Switzerland, Italy, Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Slovakia, Slovenia, Estonia, Finland, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Liechtenstein, Malta, Netherlands, Poland, Czechia, Romania, Sweden, Finland, Norway.

Exclusions

This covers damage in the event of an accident, i.e. resulting from an accidental, sudden, and unforeseen incident that occurred during the rental of a vehicle rented through Tuuggo and whose repair costs exceed the amount of the insurance excess subscribed. Specific vehicle components are excluded from insurance coverage:

  • Damage to tires due to piercing, braking, or punctures
  • Extras (items that some hosts may offer you for an additional cost, e.g. surfboard)
  • Accessories or elements, whether or not they are brand originals, which are not attached
  • Personal objects taken from the vehicle following a burglary, whether they belong to the renter or the owner
  • Theft(s) by a person in close contact with the driver (employee, family member)
  • The loss of or damage to any vehicles (mechanically damaged) towed by the insured vehicle
  • The loss, damage, or theft of objects belonging to the Owner
  • Damage to the vehicle whose only cause is overload or wear and tear
  • Glass breakage on elements through which light does not travel
  • The breakage of glass if it results from misuse by the tenant (mishandling, undue use of the open window, etc.)
  • Stickers when they are not original.
 

In addition to the exclusions indicated in the General Conditions of the Policy, the following uses of vehicles are excluded:

  • Taxis, including Letters T and A; TVDE; freight and passenger transport companies; circulation in ports and airports; participation in competitions; transport explosive, flammable, combustible, and chemical materials.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Lisbon, Portugal. The language of the proceedings shall be Portuguese. Applicable rules of substantive law shall be the law of Portugal. 

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.


CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

NOT A RENTAL CAR COMPANY

Tuuggo provides an online platform where vehicle owners and those in need of a vehicle can meet and share vehicles amongst themselves subject to these Terms.

Tuuggo is not a rental car company. It does not own a fleet of vehicles, and is not in the business of renting vehicles to the public. 

NOT AN INSURANCE COMPANY

Tuuggo does not insure hosts or guests. The host and guest protection plans offered through the Services are unconnected in any manner. Hosts and visitors are required to abide by these Terms in order to be qualified for the protection plan’s advantages. Only in Portugal are protection policies accessible through the Services. For more information based on the way you use the Services, please see the parts below marked “Specific Terms for Guests” and “Specific Terms for Hosts.”

 

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Marketplace Offerings; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site or the Marketplace Offerings with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Marketplace Offerings. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Specific terms for guests

If you reserve a car using the Services, the subsequent sections also apply:

Guest commitment

As a guest, you agree to be a legally licensed driver and show proof of your current valid driver’s license to the host.
As a guest, you also agree to submit your valid driver’s license before making any booking using Tuuggo’s Services.
You shall take reasonable precautions to return the car and any applicable Extras on schedule and in essentially the same condition as received.
You will not allow anybody other than the Approved Driver stated in the trip specifics to drive the car you reserved.

Guest financial responsibility for physical damage to the vehicle

The guest is financially liable for all physical damage to or theft of a booked car that occurs during a trip, as well as any additional expenses and fees resulting from damage of any sort to the vehicle, regardless of who is proven to be at fault. This obligation applies whether or not the principal guest has their own motor insurance.
Under their own automotive coverage, primary guests may be covered for damage to the booked vehicle. When you rent a car on Tuuggo, you agree that if the booked vehicle sustains damage during the trip, you will cooperate with Tuuggo to file a claim for compensation under any insurance policy that applies to the loss.
The guest can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booked trip by choosing a protection plan for the Services.

Auto liability insurance

Most hosts who provide a car for sharing on the Tuuggo Services are unable to provide you with liability insurance. All protection plans available through the Tuuggo Services include coverage under a liability insurance policy for automobiles. The insurance policy used through Tuuggo in Portugal is provided by Caravela Seguros and does not offer defense or indemnity for any claim brought by Tuuggo. If the guest has their own personal auto coverage, it will take precedence over Tuuggo protection based on a number of variables, including relevant legislation, where the guest books the vehicle, and/or where the accident or damages occur. Terms and conditions apply.

Use of the vehicle

You may not use a car until the trip starting time, and you must return the vehicle on time and at the exact spot. A current legal driver’s license must be presented to the host. You must use the vehicle with reasonable caution. You must always operate the vehicle safely and in accordance with all relevant laws, including speed limits and bans on intoxicated or distracted driving. You must wear seat belts while operating the car and make sure that all of your passengers do as well. You must also comply with any rules or regulations about child safety seats and other child protective measures. You must not leave the automobile open or the keys unattended (such as in the ignition). You must not use any vehicle booked using the Services for any unlawful purpose. The list of restricted applications is not intended to be complete. If you abuse a vehicle, you will be held completely financially accountable for all related claims, loss, or damage, and your protection plan may be canceled.

Condition of the vehicle

You acknowledge that the cars and Extras provided through the Services are owned by third parties. Each host is responsible for adhering to all legal regulations (including ensuring the car is registered and insured) and keeping their vehicle(s) safe and roadworthy. Before you begin using the car, please do a visual examination. If you discover damage during your initial inspection, you should provide images of such pre-existing damage and send them by email to (Tuuggo’s support team) at the start of your reservation to guarantee you are not held liable for pre-existing damage. If you discover damage during your initial inspection but do not report it, Tuuggo, third-party administrators, or insurance partners may conclude that the damage happened during your reservation term. If you suspect the car is unsafe to drive after your initial check, please do not drive it; instead, call the Tuuggo support team immediately at (+351) 933778811.

No responsibility for the vehicles

You acknowledge that Tuuggo 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, in addition to our policies requiring hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not the subject of a missing or stolen vehicle report, and have a clean title (e.g., no accidents).

Incident reporting

If you selected a protection package when booking your trip through the Services, you must report any damage to the vehicle you are using immediately to Tuuggo at help.tuuggo.com or (+351) 933778811. You must also notify the police if there has been an accident. You must make every attempt to get evidence from any available witnesses and give Tuuggo or third-party claims administrators a written description of the event and any other information required, including the identification and insurance information of any individuals engaged in the incident. You must also cooperate with Tuuggo, third-party claims administrators, or insurers in any loss inquiry. You may not use the vehicle again after an incident unless you have the specific approval of Tuuggo employees. Failure to immediately report an event or participate in an inquiry may result in the reduction or cancellation of any protection plan obtained via the Services.

Vehicle theft

The following actions may result in law enforcement reporting the car you have booked as stolen, thereby exposing you and any other driver to arrest, civil and/or criminal fines, and the cancellation of your protection plan:

  • If you do not return the car you reserved at the time and location agreed upon with the host and/or specified in your reservation, 
  • If the car is returned to a location other than the one specified in the reservation or agreed to with the host. Any damage, loss, or theft to a car that occurs before the host examining the vehicle upon return at the conclusion of the reservation is the responsibility of the visitor.
  • If you mislead information to the host about car reservations, use, or operation
  • If the interior components of the car are stolen or damaged, or the vehicle itself is stolen or damaged, while the vehicle is left unlocked, running, or unattended with the keys not secured throughout the reservation time.
  • If you fail or refuse to contact the host, police, Tuuggo, or other authors in good faith,
  • If you fail or refuse to provide the host, police, Tuuggo, or other authorities with a detailed report of any accident or vandalism involving the car, or otherwise fail to participate in the investigation of any accident or vandalism, you will be charged.
  • 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 the host’s permission, or who misrepresents or withholds facts to/from the host or Tuuggo material to the booking, use, or operation of the vehicle, the host will cancel the reservation.
 

Specific terms for hosts

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

Host commitments
As a host, you agree to supply a car that is safe, legally registered, and insured, has current license plates, a clean (non-salvage/branded/written off) title, and is in excellent mechanical condition. You shall supply such a car on schedule, but only to a visitor who is designated as an Approved Driver for the trip on the Services. You agree to keep your listings comprehensive and correct and to honor any claims made in your listings, including the price provided to a visitor. You will not cancel a reservation to obtain a greater charge from a visitor. You will not provide any vehicle or optional Extra that you do not own or have authorization to share, or that cannot be shared for remuneration under the terms and circumstances of any third-party arrangement, including, but not limited to, a lease or finance agreement. If your car is subject to a lease, loan, or other financing agreement, you must certify that sharing it on Tuuggo does not violate the conditions of the lienholder’s contract. You will not provide any Extra that is not safe, clean, and appropriate for the intended usage. You will not provide any car that has been reported as lost or stolen. You will not sell any vehicle that is the subject of a safety recall until you have appropriately addressed the issue at hand. You will not provide a vehicle that is not roadworthy (i.e., not “street legal”) in the place where it is shared, and no unlawful modifications will be made to any part of the car. You will remove any firearms or other weapons from your car before allowing a visitor to use it. You will repay loans related to your Tuuggo business on time and in full.  
Information given at registration
When you join up for Tuuggo, you will specify which vehicles you wish to advertise for sharing via the Services. Each vehicle must fulfill the specifications listed here: (ADICIONAR VEHICLE REQUIREMENTS). You may only use the Services in connection with cars that you own or have the relevant rights and licenses to share in exchange for reimbursement.  
Listing only on the Services

Any car that you list on the Services must only be listed on the Services. You are not permitted to post any vehicles that you plan to offer through the Services on any other car-sharing marketplace. In Tuuggo’s exclusive discretion, failure to comply with this condition may result in fines, penalties, rejection of physical damage claims, withdrawal of the car from the Services, account cancellation, or other action. This does not limit Commercial Hosts’ (as defined below) ability to maintain their own rental car business or prohibit a vehicle from being listed on ride-sharing or other delivery services when not on a Tuuggo reservation.

 
Vehicle availability

Once a trip has been scheduled, you must make the car available or deliver the vehicle as the guest expects. If you provide the visitor the option to pick up your car at a fixed place, you must provide Tuuggo with an exact location and verify that the vehicle is available at that location at the start of the reservation time. To be eligible for available protection plans, you must verify that a prospective guest has a current, valid driver’s license before providing the guest with your vehicle. You must also ensure that the driver’s license matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on a facially valid driver’s license.

 
Pricing, earnings, and payments

You will be able to establish and change the vehicle’s pricing as you see fit. Tuuggo will pay you the money received from visitors who reserve your car, less any applicable Tuuggo charges. Fees are described in detail here (ADICIONAR AQUI EXPLICAÇÃO DE FEES). To the extent that you owe Tuuggo or any third-party lender money for any reason, Tuuggo retains the right to take that amount from your earnings payout, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.

You agree to be bound by the Paypal Terms, which may be modified from time to time. As a condition of Tuuggo enabling payment processing services through Paypal, you authorize Tuuggo to obtain all necessary access and perform all necessary activity on your Paypal Connected Account to facilitate sharing of your vehicle. Tuuggo reserves the right to switch payment processing vendors at its discretion.
Maintenance
You must inspect your vehicle regularly for any flaws in its operation or safety. You guarantee that your vehicle is always safe and roadworthy, in excellent mechanical condition, and in full compliance with all relevant inspection and registration requirements. Only automobiles with a clean, non-salvaged, non-written-off, non-washed, and non-branded title will be included. Before permitting your vehicle to be booked, you agree to react to any applicable recall or similar safety alerts and execute any required action. Furthermore, if Tuuggo considers that your car does not meet reasonable standards, it may warn you and has the right to delete or reject listing your vehicle until its concerns are addressed. Tuuggo may, but does not guarantee, that steps will be made to ensure the safety of cars rented through the Services. More information about our car qualifying requirements may be found here (ADICIONAR vehicle requirements).  
Reporting vehicle damage

If you did not decline a protection plan made available through the Services and believe that a guest has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (but no later than 24 hours after the scheduled end of the trip) and to cooperate reasonably in the investigation of the damage so that it can be covered. Based on the inquiry, Tuuggo or third-party claims administrators will decide if the damage happened within the reservation period and whether it is covered by insurance. If it was, and you did not refuse a protection plan made available through the Services, you will be paid for your loss in the manner stated in the sections below. We may not be able to ascertain the cause if Tuuggo is not provided timely notification as indicated in this paragraph, or if you do not cooperate reasonably in the investigation by Tuuggo or third-party claims administrators. In that scenario, you agree that we may refuse to refund or compensate for such harm.

 
Liability insurance

All host protection plans offered on the Services include coverage under a third-party automobile liability insurance policy. In Portugal, the policy is issued to Tuuggo by Caravela Seguros and does not provide a defense or indemnification for any claim asserted by Tuuggo. 

 
Physical damage to your vehicle

Physical damage reimbursement and coverage: The protection plans available to hosts address the allocation of financial consequences of physical damage to the vehicle offered by a host during a trip. Physical damage contractual reimbursement from Tuuggo applies to your vehicle in the event of a collision and to comprehensive events during the trip and is subject to terms and exclusions. Learn more about protection plans here.

 
Missing vehicles

If you chose a protection plan through the Services and your vehicle goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you must immediately contact a Tuuggo representative and follow his or her instructions, including cooperating with Tuuggo, the police, and any other authorities in all matters related to the theft investigation. If Tuuggo instructs you to make a police report, you must do so within 24 hours of getting the order.

 
Indemnification of host

If you selected a protection plan through the Services, Tuuggo or its insurers will defend and indemnify you, subject to any exclusions or limitations in the policy or policies of insurance contained with the protection plan, in the event of a claim for a loss or injury that occurs during the use of your vehicle by a guest (or by Tuuggo itself), subject to your compliance with these Terms and the Policies. In connection with any indemnified claim, you must provide Tuuggo or its insurers with immediate written notice of the claim, provide Tuuggo sole authority over the defense of the claim, and provide Tuuggo with reasonable cooperation in the defense of the claim, all at Tuuggo’s expense. If Tuuggo or its insurers reimburse you for a lost or damaged vehicle and you later receive payment for some or all of your vehicle from a third party (e.g., a third-party insurance company or restitution), you must reimburse Tuuggo in an amount equal to, but not exceeding, the funds provided to you by Tuuggo.

 
Additional terms for Commercial Hosts

You are a “Commercial Host” if you refuse a protection plan made available through the Services (for example, if you opt to provide your own commercial/rental coverage to visitors) or if no protection plan is made available through the Services. When you reject a Tuuggo protection package or where no protection package is offered, you waive on behalf of yourself and any affiliated people (including, without limitation, employees, employers, associates, contractors, or any other related personnel) or entities (whether they be corporations, partnerships, sole proprietorships, limited liability companies, or otherwise) (collectively, “Affiliates”) in exchange for keeping more of the trip price for yourself. You represent and warrant that (1) you are a licensed commercial rental car company or are authorized to act on behalf of and bind a licensed commercial rental car company in connection with listing vehicles on Tuuggo, or (2) you are an individual or company or are authorized to act on behalf of and bind a company, that can offer commercial rental car insurance to guests when you choose to decline a protection plan or where none is offered in your area.

You further acknowledge and agree that when you choose to provide your own commercial rental insurance, you will not be entitled to any protection or coverage from Tuuggo or any affiliates, including financial responsibility for physical damage, third-party liability protection, uninsured or underinsured motorist coverage, PIP or any similar coverage or indemnification, roadside assistance, or trust and safety support as part of a booking of your vehicle. On all relevant vehicle and excess liability insurance, Tuuggo must be included as an extra insured. These clauses supplant and replace any representation made by Tuuggo or anyone acting on its behalf, including, but not limited to, statements made on the Services, these Terms, the Help Center, the Policies, emails, and/or marketing materials, regarding protection schemes, insurance, and roadside assistance that are generally provided to hosts and guests when the hosts do not decline protection via the Services. When you opt to deny protection, Tuuggo maintains the right, but does not have an obligation, to verify that you are, or are operating on behalf of, a registered commercial rental car firm and are qualified to provide commercial auto rental insurance to renters/drivers of your cars. You acknowledge and agree that Tuuggo may, at any time and for any reason, automatically default all of your vehicles to a protection plan of our choosing, with all applicable fees (if such a plan is available in your area), remove your listings, or suspend your Tuuggo Account.   In addition to any other obligations you might have, you must declare on your listing page any applicable additional expenses, fees, and/or taxes you charge (such as a security deposit or if you do not accept debit cards, for example). Never take guests by surprise at pick-up with additional fees or obligations. If you fail to be upfront with guests regarding fees, prices, and requirements on your car listing page, Tuuggo retains the right to delete your listings, default your vehicles to a protection plan chosen by us, and suspend your Tuuggo Account. You realize that it would be challenging to determine with certainty the precise damages that might arise from your violation of this provision. You are responsible for providing Tuuggo with liquidated damages of 6,000€ for each breach. This sum is not meant to be a penalty for any such violation, but rather to serve as a fair estimate in cases when it is impossible to determine with confidence the precise amount of real damages.   You agree to defend, indemnify, and hold Tuuggo, its subsidiaries, affiliates, employees, officers, directors, and agents, as well as any of your guests or their authorized drivers, free and clear of any and all claims, demands, suits, judgments, costs, expenses, liabilities, attorneys’ fees, damages, consequential damages, punitive damages, property damage, personal injury, theft, or other liabilities resulting from or connected with any reservation or use of any vehicle, without limitation.    

CONTACT US

In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at:

Tuuggo

admin@tuuggo.com

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