Macafel (“Macafel”, “we”, or “us”), provides an online car sharing platform that connects vehicle owners with travelers and locals seeking to book those vehicles. Macafel is accessible online including at Macafel.com and as an application for mobile devices. The Macafel 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 Macafel 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 Macafel.

These Terms, together with the cancellation policy, nondiscrimination policy, applicable insurance terms and certificates, roadside assistance terms, and the additional policies (together, the “Policies”) constitute the “Agreement” between you and Macafel (each a “Party” and together, “the Parties”). In addition, Macafel provides a Car Sharing Agreement that summarizes the terms of each reservation, accessible in the Services for any booked or previous trips and you may use it as proof of a reservation.

Modification. Macafel 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 Macafel Account within 30 days. If you choose to close your Macafel 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

The Services are intended solely for guests who meet our eligibility requirements in the location where the vehicle is booked and hosts who are 21 or older, except in the United Kingdom and France where we permit hosts age 18 to list eligible vehicles. Any use of the Services by anyone that does not meet these eligibility requirements is expressly prohibited.

Registration

To access certain features of the Services, you must sign up for an account with us (a “Macafel Account”). You can create a Macafel Account by providing us your first and last name, email address, mobile phone number, 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 or host (“host”), 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 Macafel Account up to date at all times. Based on information you provide, Macafel 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).

Verification

Where permitted, Macafel 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. Macafel does not endorse any vehicle, user, or a user's background, or commit to undertake any specific screening process. Macafel 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 Macafel to request, receive, use, and store such information. Macafel may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. Macafel 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 shared via the Services. Rather, hosts have sole responsibility 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 vehicle eligibility requirements.

Consumer report authorization; DVLA authorization.When you attempt to book or list a vehicle, or at any time after where Macafel reasonably believes there may be an increased level of risk associated with your Macafel Account, you hereby provide Macafel with written instructions and authorize Macafel, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law. When booking a trip in the UK, you agree that a Macafel service provider, GB Group (GBG) will retrieve the driver record information of UK license holders from the Driver and Vehicle Licensing Agency (DVLA). GBG will provide this information to Macafel for the purpose of enabling a car sharing transaction. The DVLA will disclose to GBG, and GBG will, in turn, disclose to Macafel, all relevant information relating to a UK license holder's driver record from the computerized register maintained by the DVLA. This information includes personal details, driving entitlements, valid endorsements, and/or disqualifications (if applicable). This authorization will remain valid for three years from the date of your first booking.

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. Hosts can view earnings on the Host Hub and learn more about earnings breakdown here. When you provide Macafel a payment method, you authorize Macafel, or third-party service providers acting on behalf of Macafel, to store your payment credential for future use in the event you owe Macafel any money. You authorize Macafel to use stored payment credentials for balances, including for Trip costs, host fees, and guest fees (e.g., 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. Any use of referral travel credit is governed by the terms and conditions outlined here.

Collection of fees

Macafel and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. Macafel, or the collection agencies we retain, may also report information about your Macafel Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your Macafel 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 Macafel reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please contact help.Macafel.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Macafel Account, you must contact the collection agency directly.

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

Account Activity.You are, and will be solely responsible for, all activity that occurs through your Macafel Account. Keep your Macafel 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 Macafel Account, whether you have authorized such activities or actions. You will immediately notify Macafel of any actual or suspected unauthorized use of your Macafel Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Macafel Account unless you have reported unauthorized access to us.

Macafel Content and User Content License.Subject to your compliance with the provisions of these Terms, Macafel grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Macafel 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 Macafel 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 Macafel promotional campaigns, you grant Macafel 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 Macafel photography provided to hosts, Macafel 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.

Copyright Protection.We respond to notices of alleged copyright infringement and terminate Macafel Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices here.

Google terms.Some areas of the Services implement Google Maps/Places mapping services, including Google Places API. In addition, to fight spam and abuse of the Services, Macafel has implemented reCAPTCHA Enterprise, a Google service. By using the Services, you are bound by Google's Terms of Service.

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 Macafel, or that comes from the Services and belongs to another Macafel 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 Macafel

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

• Through unauthorized use of the Services and/or user content

• Registering and/or using 'Macafel' 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 Macafel domains, trademarks, taglines, promotional campaigns, or Macafel 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 Macafel 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 Macafel or another user

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

• Use the Services to find a host 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 Macafel (aka, gray market transactions, which do not necessarily require the exchange of money)

• Transfer your Macafel 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 Macafel in certain limited circumstances

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

• Harass, stalk, or defame any other Macafel user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host 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 Macafel community

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

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

• Contact another Macafel 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 Macafel, 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 Macafel 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 Macafel name, any Macafel 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 Macafel

• 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 Macafel 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 Macafel Account or the account of another Macafel user, including, but not limited to, creating a new Macafel Account or listing vehicles affiliated with or registered to a Macafel Account holder that has been suspended, terminated, or closed

Violations.Macafel 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.

Macafel reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Macafel, 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 Macafel, 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 Macafel Account and access to the Services, remove hosted 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 Macafel may contact you by electronic means (e.g., electronic mail; notifications via Macafel 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 will not place such calls for marketing purposes. Rather, we may only place such calls or texts to confirm your signup, provide notices regarding your Macafel Account or Macafel Account activity, investigate or prevent fraud, collect a debt owed to us or recover unpaid invoices, 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. Standard telephone minute and text and data charges may apply. Where Macafel is required to obtain your consent for such communications, you may choose to revoke your consent. You agree that Macafel may contact you on any day, at any time of day, and in relation with the above purposes.

You authorize Macafel 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 Macafel or its agents for quality control, training, or other purposes. You understand and agree that your communications with Macafel may be overheard, monitored, or recorded. If you do not wish to have your call recorded, please contact us instead in writing through help.Macafel.com. 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.

Insurance and protection plans.Macafel is not an insurance company and does not insure hosts or guests. Host and guest protection plans made available through the Services are in no way related. To be eligible for the benefits of a protection plan, hosts and guests must comply with these Terms. Please refer to the specific terms for guests and specific terms for hosts sections below for additional information based on the nature of your use of the Services.

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 proof to the host or via the Services of a current, 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.

No right of withdrawal

Your only rights are described in the cancellation policy. However, guests have the right to modify any protection plan selected for a trip prior to the start of the reservation.

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 Macafel, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with Macafel to make a claim for coverage under any policy of insurance that applies to the loss.

The primary 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 on the Services. The limitation on the amount a primary guest may have to pay out of pocket included in any protection plan only applies (1) if the primary guest and any Approved Driver abide by these Terms and (2) to physical damage that is not mechanical or interior damage. The primary guest may change the protection plan selected by navigating to 'modify trip' in any reservation that has not started.

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 Lyft or delivering food or other packages) unless you have express written permission from the Macafel Legal Department in advance or as otherwise described here. 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 the host 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 Macafel has any concern about your use of a vehicle, Macafel 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 host. 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). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact help.Macafel.com. 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 Macafel 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 host and agree to indemnify, defend and hold harmless host, 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.