Terms and Conditions
Rentacubancar.com, is a Social Network that facilitates free, transparent, voluntary and autonomous transactions between natural and legal persons, throught a set of of graphic tools, data management and
communication technologies aimed at enabling peer to peer Car Rental in Cuba.
Rentacubancar.com 's Intellectual Property includes images, data, text and software which constitute the website.
Any unauthorized and fraudulent use of Rentacubancar.com Intellectual Property constitutes a breach of the laws that protect Intellectual Property.
Rentacubancar.com has as a fundamental function to act as a market place, facilitating the match between demand (Customers) and supply (Car Owners) of car rental services in Cuba. For Car Owners the service is completely free, as booking fees (which are charged to the Customer in the form of a commission) will always be added to the agreed rental price, never subtracted. There follows that, under no circumstances, the Car Owner can not hold Rentacubancar.com responsable for errors, cancellations or changes in reservations.
Through Rentacubancar.com the Customer can see all the vehicles available for rent, their characteristics and prices. The Customer can finalize the booking of the desired car, by making a down payment of 20% of the total rental price plus an amount of 5 USD transaction fee; the down payment must be paid in American Dollars (USD) by any of the following means of payment:
- Credit/Debit Card.
- Bank Transfer.
It is hereby stated that the down payment has to be considered as Rentacubancar.com commission. This sum cannot considered as partial payment of the rent. As a result, should the Customer decide to use the vehicle for a shorter time than initially agreed, the down payment will not be subtracted by the amount due to the Car Owner.
The scope of the services provided by Rentacubancar.com does not include the following: technical services (including car repair), medical services, legal assistance in case of occurrence of any criminal act or controversy between the Landlord and the Client.
THE PARTIES: freely and voluntarily, and after having reading, understood and recognized as valid and reasonable the rules established herby, accept the following Vehicle Rental Agreement, which shall be governed by the legal regulations in force in the Republic of Cuba.
OF THE DEFINITIONS:
for the sake of proper interpretation of the content of the Clauses of this Contract, the following terms, whether used in the singular or in the plural, or in the past, present or future tense, shall have the meaning indicated below:
- a)Consent: Action to allow, agree, give approval.
- b)Contract: This document, together with its Annexes and Supplements, as they have been accepted.
- c)Termination: Declaration of ineffectiveness of this Contract for the reasons provided in its own clauses
- d)Resolution: Action to terminate this Contract in the event of breach of obligations by ANY OF THE PARTIES or by agreement of THE PARTIES.
- e)Fortuitous event and force majeure: Any unforeseeable, insurmountable or unavoidable event or incident that occurred after the entry into force of this Contract, beyond the control of the parties, which prevents the total or partial execution of its obligations.
- f)Customer: Natural or legal person who will make use of the services offered by the Car Owner
- g)Car Owner: Natural person who is obliged to deliver a good and confer its use and enjoyment and who is also obliged to guarantee the rights of the Customer in this sense
- h)Rentacubancar.com: Social Network through which Car Owners and Customers agree and determine by free and spontaneous will rules and modalities of Peer to Peer Car Rental.
- Send Confirmation Email to both the Car Owner and the Customer once the payment of the commission (down payment) has been made, containing the data listed below:
- Summary of the Rental Costs (Total Cost of the rent, Commissions paid in advance by the client and Final Balance to be settled in Cuba, which must be paid in cash by the Customer in CUC to the Car Owner when he receives the rented vehicle).
- Car Pick Up Location
- Car Owner's contacts (Name, surnames, mail, telephone).
- Customer's Contacts (Name, surnames, mail, telephone).
- Start date and termination date of the rental.
- Links to tools for booking management: Pik Up Time Tool, Customer Portal.
- Charge commissions to the Customer in exchange for its services.
- Remove ads for certain vehicles, without obligation to explain to the Car Owner the reasons for their decisions.
- Modify the Terms and Conditions as it sees fit, so that both landlords and customers should consult the guidelines set out on the website each time they choose to use the service.
- Communicate with the Car Owner to agree time and place of Car Pick Up. In order to facilitate the communication flow between both parties, it is compulsory to use the Car Pick Up Time Tool. Should the customer fail to do so, Rentacubancar.com can not be help responsible for the difficulties that may arise in relation to the pick up of the vehicle in Cuba. As a result, the Customer loses the right to claim any refund for any amount paid as commission and the corresponding transaction costs at the time of booking.
- Present the following documents to the Lessor at the time of delivery of the vehicle:
- Confirmation Email of the booking.
- Valid and original driving.
- Valid and original Passport.
- Full payment of the rent of the vehicle, as established in the Confirmation Email under the voice "Balance in Cuba".
- 400 CUC (in cash) as guarantee deposit (unless differently specified by the Car Owner)
- Be at least 21 years old (unless differently specified by the Car Owner)
- Being in posession of a valid driving license, obtained at least 3 years before the starting date of the rental period (unless differently specified by the Car Owner)
- Verify together with the Landlord:
Agree place, date and time of the return of the vehicle.
Take good care of the vehicle and not use it for any of the following activities:
- General conditions of the car and eventual damage to the vehicle.
- Mileage of the vehicle.
- Fuel level
Immediately inform the Car Owner in case of damages or failures in the operation of the vehicle.
Return the vehicle at the end of the term of the contract in the same state that he or she received it.
- Driving classes.
- CCar races.
- Activities of taxis, transport of passengers or cargo for profit.
- Sub-leases of the vehicle to third parties.
- Drive the vehicle outside the national road and highway network with asphalt.
- Driving the vehicle under the influence of alcoholic beverages.
- Criminal acts or of a similar nature.
- Activities contrary to the principles that govern behavior in Cuban society.
- Get a full refund of the down payment made in all the following cases:
Send complaints and refund requests through the Customer Portal within 7 days from the rental starting date. Refund requests sent after this deadline will be rejected.
- The vehicle reserved, for any reason, is not available to the client on the reserved date.
- The reservation cancellation is made by the Car Owner and an alternative vehicle of the same or higher category cannot be offered as replacement.
- Total failure of the vehicle and an alternative vehicle of the same or higher category cannot be offered as replacement.
- partial failure of the vehicle that puts the customer's physical integrity at risk and an alternative vehicle of the same or higher category cannot be offered as replacement.
- If the landlord wants to charge a sum higher than what is reported in the confirmation email under the voice Balance in Cuba. In this case, the Customer should send to Rentacubancar.com documentary evidence that proves the overcharge, in the form of an official payment receipt signed by the landlord whcih clearly shows date of payment, amount, duration of rental period and brand and model of the car.
- Provide Rentacubancar.com with up to date data, photos and infrmation which correctly represent the actual state and conditions of the vehicle presented on the website
- Require the client the documents related in the second paragraph "Of the obligations of the Client".
- Deliver to the Client the vehicle object of the rental agreement
- Carry out major and urgent repairs that the vehicle requires, without causing essential modifications in its form or destination.
- Guarantee to the Customer the peaceful enjoyment of the vehicle.
- Make sure that the vehicle does not present hidden defects.
- Submit a Printed Contract to the Client for signature.
- Hold a valid License as 'Arrendador de Vehiculos a Motor'
- Insure the vehicle as required by the Cuban Law
- Retain full or in part the amount of the deposit made by the Client as compensation for the expenses assumed as a result of the following circumstances:
- Exceed the daily mileage agreed with the Customer and specified on the website (0.5 cuc per kilometer in excess)
- Driving the vehicle outside the provinces established by the landlord (total deposit retention)
- Abandonment of the vehicle in a different place to that agreed for the return of the vehicle, subtracting from the deposit made the amount corresponding to the expenses associated with the recovery of the vehicle.
- Damage to the vehicle not covered by the insurance.
- Damage to the vehicle resulting from the negligent conduct of the Customer.
- Damages due to improper behavior of the Customer and violations of the general legislation in force in the Republic of Cuba.
- Disappearance or loss of parts, accessories and aggregates of the vehicle.
- Theft of the vehicle
- The vehicle is returned with a fuel level lower than that received at the time of formalization of the contract.
- The vehicle is returned in poor hygienic conditions.
- When the Customer uses the vehicle in illicit activities.
- The rental price of the vehicle does not include the following expenses:
The Customer cannot modify a confirmed reservation; nevertheless it will always be possible to cancel it and make a new reservation that better fits his new requirements and needs.
If the Customer fails to comply with the aforementioned clauses, the Car Owner may refuse to rent the vehicle, losing all rights to reimbursement of the amounts paid to Rentacubancar.com at the time of booking.Rentacubancar.com.
Refunds will always be made through bank transfers to the bank account indicated by the Customer through the Customer Portal at the time of filing the refund request. Any transaction fee will be on Rentacubancar.com.
Reservations can be canceled at any time without extra costs, through the Customer Portal (link in the confirmation email). The Customer has no rigth to receive any refund of the amount paid at the time of booking if he or she decides to cancel the booking.
Rentacubancar.com cannot be held responsible for the actions of Customers, not even when the Customer's conduct is not in accordance with ethics or the Cuban laws and results in damage to the vehicle, loss of the vehicle, damage to third parties or injuries to people.
Possible liabilities, damages to the vehicle due to accidents, vandalism, fire, theft, fortuitous event or force majeure can never be attributed to Rentacubancar.com.
Rentacubancar.com is not responsible for any problems, inconveniences, delays, damages, inconveniences and expenses that are caused by errors or omissions in the booking process, by technical or functional state of the leased vehicle, by actions of the lessors.
Once the rental period of the vehicle has concluded, the Customer will receive an email where he will be invited to express his opinion about the service received, comments that will be published without any censorship. However Rentacubancar.com reserves the right to remove texts that contain desecrations, political opinions, ideas and languages that offend the dignity of the Cuban people, offensive content to women, racial groups, religious, political or any minority.
The landlord accepts the publication in Rentacubacar.com of all comments and opinions expressed by Customers.
- Parking and toll fees
- Other services and expenses other than those related to the rental of the vehicle and payment of commissions.
The obligations and rights of the parties will be extinguished for the following reasons:
- Due to the elapsed time for the rental of the vehicle.
- By compliance with the agreed conditions for the rental of the vehicle.
- By mutual dissent.
- By unilateral withdrawal of one of the parties.
- By resolution for breach of the obligations of one of the parties.
- By fortuitous event or force majeure