Terms and Conditions of Use and Service

The Platform was developed and published by Swapp Technologies Ltd., a limited liability company incorporated under Irish law, with registered address at 15 Main Street, Raheny, Dublin 5 (Ireland) (hereinafter "Swapp").

The hosting company is Amazon Web Services EMEA SARL (38 Avenue John F. Kennedy, L-1855, Luxembourg).

Version published on 12 May 2021, and effective as of 12 May 2021. Applicable to all Customers and Suppliers within the territory of Austria.

Please read these terms and conditions of use and service (the “Terms”) carefully. They contain important information regarding the Users’ rights and obligations, including the terms of Rental, as well as restrictions and exclusions on the use of the Platform and/or the Services.

These Terms constitute the Parties’ entire agreement regarding the Services at the time the User accesses and uses them, unless said otherwise in another agreement signed with Swapp. These Terms cancel and replace all previous versions.

These Terms constitute a legally binding agreement ("Agreement") between you and Swapp governing your access to and use of the Swapp website ("Website"), our mobile, tablet and other smart device applications (collectively, "Apps") and all associated services (collectively "Services"). The Website and Apps together are hereinafter collectively referred to as the “Platform”. Users acknowledge that they have received all necessary information and technical features prior to accessing and using the Services.

Swapp provides a flexible subscription-based online intermediary platform that matches Customers looking for a Vehicle to rent with Suppliers wishing to rent out their vehicle. Swapp is an intermediary and is in no manner a party to the rental transaction concluded between the Suppliers and the Customers. Swapp does not rent out Vehicles either by the Website, the Apps, the Services, or by any other means, and has no activity other than that of connecting Customers and Suppliers to each other for the purpose of vehicle rentals.

Swapp provides its Customers and Suppliers with tools that enable them to upload content, communicate with each other, and make informed decisions about renting out vehicles. Swapp’s collection and use of personal information in connection with the access to and use of the Platform and/or the Services is described in our Privacy Policy.

The terms which govern the Rentals between the Suppliers and the Customers (“Rental Agreements”) are contained in these Terms. The Handover-Handback Agreement forms an integral part of the Rental Agreement and its completion is necessary for the conclusion of the Rental Agreements. Only by complying with the Terms can Customers and Suppliers benefit from the Services offered by Swapp.

Access and eligibility of Customer 4

Access and Registration 4

Eligibility conditions applicable to Customers and Suppliers 5

Eligibility conditions applicable to Suppliers 5

Eligibility conditions applicable to Customers 6

Vehicle Listings 7

General rules 7

Eligibility conditions applicable to the Vehicles 9

Listing ranking 10

Identity verification 10

Verification of the Supplier’s identity 11

Verification of the Customer’s identity 12

Rental process 12

Booking process 12

Rental Fee calculation 13

Changing the duration of the Booking 14

Deposit 15

Swapp credits, coupons, and discounts 15

Handover process 16

Aborting the Handover process 19

During the Rental 19

Breakdown 19

Reporting an incident or problem 20

Roadside assistance 21

Scheduled maintenance 22

Fines and violations 23

Early Return Request 23

Reporting mileage to Swapp 24

Extension of the Rental period 24

Handback 25

Reviews and ratings 28

Invoices 29

Customer’s perspective 29

Supplier’s perspective 29

Contacting Swapp 29

Communication and messages exchanged through the Platform 30

Cancellation of a Booking 30

Cancellation by the Customer 30

Cancellation by the Supplier 31

Insurance 32

General rules and conditions 32

Rules applicable to damages 33

Exclusion from the insurance coverage 33

Exercising the Insurance in case of damage 35

Insurance Excess 35

Payment authorization, pre-authorization, and administration 36

Payment authorization 36

Customers 36

Suppliers 37

Late Payment Fee 37

Service provision 38

Fees of Service 38

Supplier payout, payment adjustment and compensation 38

Payment adjustments at the end of the Rental period 39

Setting the Rental Fee 44

Taxes 44

Intellectual Property 44

Liability 46

Availability of the Platform and Services 47

Right of withdrawal 47

Personal data 47

Term, Termination, Suspension and Exclusion of a User from the Services 47

Modification of the Terms 49

Anti-Money Laundering 50

Miscellaneous 50

Applicable law, jurisdiction, and mediation 51

Definitions

Account » refers to the profile page on the Platform, and in which all Users must indicate some personal information to access and use the features of the Platform, such as listing or renting a Vehicle;
App » refers to the Swapp application downloaded by the User on their mobile phone (whether Android or iOS) in order to use the Service;
Booking » refers to the request for reservation of a Vehicle made by a Customer through the Platform;
Customer » refers to an individual wishing to conclude a Rental and be the main driver of a Vehicle;
Listing » refers to the Suppliers’ listing on the Platform containing images of their Vehicle/s and relevant information of the Rental via the Platform;
Platform » refers collectively to the Website and the Apps;
Rental or Subscription » refers to the rental of a Vehicle made through the Platform;
Rental Fee» refers to the rental base cost of a Vehicle for a given Booking to be paid by a Customer to the Supplier;
Services » refers to all services made available to Users when rightfully using the Platform;
Supplier » refers to a legal or natural person wishing to rent out a Vehicle without a driver to a Customer via the Platform who has, among all the necessary requirements, also the appropriate trade license(s) to conclude Rentals;
Swapp », « we », « us » or « our » refers to Swapp Technologies Ltd.;
User » refers to a natural or legal person, whether a Supplier or a Customer, who has accepted the Terms and is registered on the Platform, to benefit from the Services;
Vehicle » refers to a 4-wheel motor vehicle weighing less than 3.5 T, accommodating a maximum of 9 people and under 13 cubic metres in total volume. Motor homes are not accepted;
Website » refers to the websites enabling to access the Services, namely joinswapp.com, and its subdomains.
Unless the contexts otherwise demands, words importing any gender shall be interpreted to mean any or all genders.

Access and eligibility of Customer

Access and Registration

In order to access and use the Platform or register an Account, the User may be a private individual representing himself or - if a Supplier - also a duly organized, validly existing business in good standing under the laws of the country where it is registered and able to enter into legally binding contracts.
Upon registering on the Platform, the User creates a profile with their name and surname, email address and chooses a password, except for login via available social media platforms (hereinafter referred together as the “Login details”).
Login details are personal, confidential and non-transferable. If the User’s Login details have been lost or disclosed, the User must promptly inform Swapp, who will then cancel and/or immediately update the Login details.
Until Swapp has been notified of the loss or disclosure of Login details, or of the account having been accessed by a third party, the User shall be entirely liable for any use made of it. This is unless a security breach is attributable to Swapp, or in case of force majeure.

Eligibility conditions applicable to Customers and Suppliers

The Service is only accessible to and can only be used by registered Users on the Platform, providing such Users fulfil the following conditions.
Both Supplier and Customer must have accepted these Terms in order to use the Service.
It is specified that Vehicles may not be rented on the Platform between Customers and Suppliers having a family relationship (parents, grandparents, children, siblings, grandchildren, spouses, etc.) or living in the same household.
Moreover, Users:
1. Must not excessively cancel the Rental requests or repeatedly create a suboptimal user experience for the Customers.
2. Must agree and comply with Swapp’s Terms;
3. Must not provide false information on their Account. In such cases, Swapp may immediately suspend and/or restrict access to the Service, without notice or compensation;
4. Must not display inappropriate or disrespectful behaviour towards other Users or Swapp’s staff;
5. Must not engage in any criminal behavior;
6. Must not use the Platform or the Services in a fraudulent manner;
7. Must not try to make rental deals directly with Suppliers or Customers, while bypassing Swapp’s Platform;
8. Must not have outstanding debts towards Swapp.

Eligibility conditions applicable to Suppliers

Must be a private individual or a duly organized, validly existing business in good standing under the laws of the country where it is registered and able to enter into legally binding contracts.
If applicable in the given country, the Supplier must hold the relevant trade license or permit to provide vehicle rental services as provided for by applicable laws.
If the Supplier is a private individual, he must
1. Be at least 18 years old;
2. Be registered on the Website / App under his true identity
3. Provide details and documents, including
  1. Name
  2. Address
  3. Telephone number (prepaid SIM cards are not allowed)
  4. Bank account details under his own name
If the Supplier is registered on the Platform as a company or a sole trader, he must
1. Be registered on the Platform under his true identity
2. Provide details and documents, in accordance with point 4.4., including
  1. Company name
  2. Registered address
  3. Telephone number where they can be reached (prepaid SIM cards are not allowed)
  4. Company or sole trader registration number
  5. Trade license (if applicable)
  6. EU VAT number (EU format, if applicable)
  7. Bank account details under the company’/sole trader’s name
  8. Extract from company registrar
  9. Name of representative with valid power of attorney
  10. ID card of the representative
Have valid Roadside Assistance service for each Vehicle he lists on the Platform, in line with section 5.6.4
No Supplier may create more than one profile or more than one Listing for the same Vehicle on the Website.

Eligibility conditions applicable to Customers

Must be at least 21 years of age;
Must not be more than 75 years old;
Must be registered on the Website / App under their true identity;
Must provide their true home address; telephone number (prepaid SIM not allowed);
Must undergo and successfully complete an identity verification (also known as Know Your Customer or KYC process) administered by a third party provider on behalf of Swapp;
May not create multiple Account profiles on the Platform;
Must hold a driver’s license that is valid in the country where the Vehicle is rented, and have held it for at least 3 uninterrupted years;
Must not have defaulted on any payments, or refused any payment, under their obligations pursuant to these Terms;
Must not have had their automobile insurance coverage denied or cancelled within the past 3 years;
Must not have been the subject of an ascertained serious complaint from a Supplier or Swapp regarding his behaviour (notified in the reviews publicly posted on the Platform, or in the private reviews sent between the Customer and Supplier at the end of a Rental, or in case of complaints sent by a Supplier to Swapp);
Must not be medically unfit to drive;
Can use the rented Vehicle only in the Schengen Area
Must be and remain the main driver of the Vehicle (“Main driver”). Secondary drivers are only allowed so long as they
1. Meet all the requirements as the Main driver;
2. Register as a Customer on the Website;
3. Successfully complete the customer verification / KYC process.
Liabilities and obligations towards Swapp and the Supplier of the Vehicle rented by the Customer continue to lie with the Customer even if incidents, complaints, fines, accidents, or other issues arise during the Rental period that are associated with the doings of the Secondary driver or any third party (“Third Party Damages”). If Swapp is unable to retrieve due sums, including Third Party Damages, from such Secondary driver or third party, the Customer hereby acknowledges and accepts to be deemed a guarantor in relation to any due sum, including the Third Party Damages, with the consequence that the Customer will also be held liable and responsible for the payment of the Third Party Damages towards the Supplier and Swapp, as appropriate.

Vehicle Listings

General rules

To list a Vehicle, the Suppliers must provide to Swapp by email or on the Platform all necessary information about the Vehicle, including its location, age, characteristics and availability, as well as its Rental Fee.
Any change to the listing of a Vehicle must be communicated to Swapp by email or on the Platform.
Customers can only rent Vehicles in accordance with the information mentioned in the Listing. Customers understand and accept that they cannot demand a different price than that stated in the Listing.
Customers also understand and accept that smoking and transportation of animals is not allowed in Vehicles listed on Swapp’s Platform, unless explicitly agreed by the Supplier on the Handover form. Violating this rule will result in a No Smoking Fee or No Animals Fee as well as a Cleaning Fee, both payable by the Customer (see section 11.5). Also, Swapp reserves the right to suspend or ban the Customer from using the Platform in case of violation.
Suppliers acknowledge that they are fully responsible for the Listings they publish. They also acknowledge that they are fully responsible for their actions and oversights, and therefore declare and warrant that no Listings or Rentals of listed Vehicles violate any of the rules in force or agreements with third parties. Swapp cannot be held liable for the violation of any agreement made between the Supplier and a third party, any breach of the Supplier’s obligations to third parties, or any violations of applicable laws, rules and regulations.
Suppliers acknowledge that they
1. Can change the Rental Fee of Vehicle listed on the Platform when the Vehicle is not rented out
2. Cannot change the Rental Fee of a Vehicle while that Vehicle is rented out to a Customer.
Customers acknowledge that
1. Suppliers may or may not be liable for VAT.
2. Rental Fees of the Vehicles listed on the Platform are always gross values, i.e. they include VAT if the Supplier is liable for VAT.
3. The VAT component of the Rental Fees is always displayed separately, next to the value of the Rental Fee itself.
Rental Fees of Vehicles listed on the Platform include a certain mileage allowance per calendar month or a prorated number for parts of the month. This number is displayed on every Vehicle’s page on the Platform.
1. If Customers exceed this within a calendar month, they will have to pay Extra Mileage Fee, as per section 11.5.
2. If Customers don’t exceed this mileage allowance, then they won’t have to pay any Extra Mileage Fee.

Eligibility conditions applicable to the Vehicles

To be listed on the Platform, Vehicles must comply with all of the following conditions:
1. Weigh less than 3.5T;
2. Have a size/volume up to 13m3;
3. Have the steering wheel on the left-hand side;
4. Have a mileage of less than 200 000250 000 kilometers;
5. Be strictly less than 7 years old according to the registration card;
6. Have 4 wheels (two- or three-wheeled Vehicles are not allowed);
7. Have a valid Roadside Assistance service in line with section 5.6.4
8. Be able to carry a maximum of 9 persons including the driver (buses are not allowed);
9. Be registered in the country where it is offered for rent and with a domestic license plate;
10. Their momentary value is below EUR 100,000 (applicable in Vienna, Austria);
11. Have a permanent registration certificate allowing renting out the Vehicle (category 22). A provisional registration certificate is not sufficient to rent out the Vehicle on the Platform. The Supplier must send scanned copies of these to Swapp as a prerequisite of listing the Vehicle on the Platform;
12. Have an accident statement form in the Vehicle;
13. Owned by a registered Supplier during the entire Rental period, except if they have a written authorisation from the owner of the Vehicle, explicitly allowing the Vehicle to be used for Rental purposes;
14. If the Vehicle is leased, the Supplier must be authorized by the leasing company to rent out the Vehicle. In such cases Swapp will consider the Supplier as the owner of such Vehicle who must accept all responsibilities that come with this status;
15. Complies with local laws and regulations;
16. Be regularly maintained and serviced according to the manufacturer’s recommendations;
17. Have all the safety equipment required in the country of registration (such as summer and winter tyres). All of the Vehicle’s equipment must be in good working order, including tyres, brakes, headlights, other lights, steering, seat belts, etc);
18. The Vehicle must be up-to-date with their technical inspection (in Austria, it is the so called § 57a inspection); If a Vehicle is awaiting a follow-up inspection, Swapp will not consider it to be up-to-date with its technical inspection, and it cannot be rented out via Swapp, even if it may be driven legally;
19. Must not have faults that could affect the expected and/or normal Customer experience when renting (e.g. broken air conditioning, blocked window, abnormal noises, etc);
20. Must meet insurance requirements as set out in section 8.1. The Supplier must send scanned copies of these to Swapp as a prerequisite of listing the Vehicle on the Platform.
21. The Supplier must possess at least two sets of door and ignition keys for the Vehicle;
22. The Supplier must provide true, accurate, and complete information in the Listing of the Vehicle;
Failing to meet the requirements above will result in removing the Vehicle’s Listing from the Platform and it may result in suspending or banning the Supplier from the Platform.
The listing of Vehicles may be rejected for legitimate reasons due to their excessive insurance risk (e.g. significant engine horsepower or high value).
Swapp reserves the right to accept or reject a Vehicle for technical reasons or for obvious poor conditions for the safeguard of the Users.

Listing ranking

Listings are ranked via an automated algorithm with the objective that Customers find the Vehicle most suitable to their needs.
Each ranking can be different for each search carried out given several criteria: Rental Fee, attractiveness of the listing (estimated via the click rate), proximity of the Supplier’s address, novelty of the listing, acceptance rate of requests, reviews and rating.
Swapp reserves the right to provide preferential ranking to certain Suppliers based on contractual relationships, Supplier’s previous performance on the Platform, or as paid-for service to Suppliers - relevant information can be provided upon request.

Identity verification

Swapp applies identity verification practices as indicated below to verify the true identity and eligibility of its Users, to mitigate the risk of fraud and the misuse of the Platform in any way.
Although Swapp uses industry best practices and technologies for verification purposes, it does not stand as a guarantor for any Customer, Supplier, or Vehicle. Users remain responsible to provide accurate information and Swapp does not provide any statement, confirmation or approval concerning Users, their identity or their background.
Unless otherwise set out by these Terms, the Suppliers agree that, in the event of damage attributable to a Customer or a third party, they will only hold liable the party that caused the damage, and take action only against such party. All Customers and Suppliers agree to not attempt to hold Swapp liable or take legal action against Swapp for such acts or omissions.

Verification of the Supplier’s identity

In order for a company to be able to rent out Vehicles through the Platform in Austria, the Supplier must send to Swapp scanned copies of:
1. Extract from company register / Firmenbuchauszug (less than 1 month old), including
  1. Registration number / Registernummer
  2. Name of company executives / Unternehmer in der Gesellschaft
2. Valid GISA extract / GISA-Auszug including the registration for business activity “Rental of movable goods” / Vermietung von beweglichen Sachen (less than 1 month old)
3. VAT number / USt.-Nummer
4. ID card of company representative / Personalausweis
5. Residence permit of company representative (if not Austrian citizen) / Aufenthaltserlaubnis (wenn nicht Ö Staatsbürgerschaft)
In order for a sole trader to be able to rent out Vehicles through the Platform in Austria, the Supplier must send to Swapp scanned copies of:
1. Trade license or permit / Verweis auf eine Gewerbeerlaubnis oder -genehmigung - including the registration for business activity “Rental of movable goods” / Vermietung von beweglichen Sachen (less than 1 month old)
2. VAT number / USt.-Nummer
3. ID card / Personalausweis
4. Residence permit (if not Austrian citizen) / Aufenthaltserlaubnis (wenn nicht Ö Staatsbürgerschaft)
5. Residence registration of sole traders / Anschrift des Einzelunternehmers und Kopie des Meldezettels
Based on these documents and further information set out in section 2.2.4 of this document, Swapp’s staff will verify the Suppliers eligibility.
The Supplier is required during the Handover process of a booked Vehicle to show the original and provide a copy of the registration certificate of the Vehicle to the Customer. Failing to do so or any issues with the documents may lead to the Customer aborting the Handover process. Should this happen, Swapp may charge the Supplier a Cancellation Fee (for more details see section 7).

Verification of the Customer’s identity

Swapp uses Veriff as a third party verification (also called “Know Your Customer”) service provider to verify the identity of Customers.
Swapp is not a provider of the underlying technology and does not guarantee that the technology can be 100% accurate at all times.
In order to be able to rent Vehicles through the Platform, the Customer via Veriff’s system will need to provide photo captures of the following:
1. Front side of his driver’s license;
2. Back side of his driver’s license;
3. Front side of his I.D. card or passport;
4. Back side of his I.D. card or passport;
5. A photo of himself (selfie).
Based on these documents, Veriff’s system will verify the validity of documents, photo matches between documents and the selfie, and other aspects.
The Customer will only be able to complete his first Booking and gain access to any Vehicles after he successfully completed the verification process.
If all required elements of verification are not provided, the Customer cannot proceed with the Booking.
The Customer doesn’t have to repeat the verification process before every Booking. However, verification of newly uploaded documents of already active Customers is required (e.g. when a driver’s license or ID card expires and the renewed version is uploaded to the Platform).
Ideally the verification process takes only seconds, after all the required documents and files were provided by the Customer. However, the process can take longer and Swapp in no way guarantees an approval time or can be held liable for delays in or rejections following the verification process.
Swapp reserves the right to decline any interested party from becoming a Customer should he or she fail to complete the identity verification process.
The Customer is required during the Handover process to show to the Supplier his ID and driver’s license. Failing to do so or any issues with the documents may lead to the Supplier aborting the Handover process. Should this happen, Swapp may charge the Customer a Cancellation fee.

Rental process

Booking process

After selecting a Vienna on the Platform where Swapp offers its Services, the Customers can view and browse Vehicles’ Listings posted by Suppliers.
Customers can further narrow down this list by using filters available in the browse function of the Platform.
Once a Customer has found a suitable Vehicle that is available, he can send a Booking request to the Supplier.
The Customer is able to book a Vehicle ith a start date only, then select the Return Date at a later stage
The earliest start date the Customer can choose is 2 calendar days and the latest is 180 calendar days from the moment of Booking.
The Minimum Booking Period is 30 days.
The Customer cannot book and should not expect to use a Vehicle beyond the Maximum Booking Period. This is defined by:
1. The maximum acceptable age of the Vehicle on the Platform
2. The maximum acceptable mileage
3. A predetermined maximum availability date set by the Supplier
If this is the Customer’s first Booking, he or she will need to go through the identity verification process, unless already completed before booking (see section 4.5 of these Terms).
After the Booking request of a verified Customer is submitted, the Supplier is notified about it and must respond within 24 hours.
If the Supplier accepts the Booking request, the Customer is notified by email and the relevant amount is debited from his or her bank account as per section 9 of these Terms.
A solicitation from either the Customer or the Supplier to bypass Swapp and transact directly will be considered a violation of these Terms and may result in a suspension or ban of the Customer’s and / or the Supplier’s account.
The Booking is considered complete when the payment has been made.
If the Supplier rejects or does not accept the Booking request within 24 hours, the Booking request is considered rejected, the Customer is notified by email, and will receive any refund that may be due within 5 days .
Swapp reserves the right to warn, suspend or ban any Supplier who has 3 or more rejected or not accepted Booking requests in a calendar year.
In case of unexpected availability issues of the Supplier or the Vehicle, Swapp reserves the right to cancel any upcoming Booking without extra compensation except for the full refund of any payment that might have been made by the Customer.

Rental Fee calculation

The Customer pays the prorated monthly Rental Fee for Bookings made on the Platform .
As an example, if the monthly Rental Fee of the Vehicle is EUR 300 and the Customer books it for a 30-day long calendar month, he will pay EUR 300.
Customers and Suppliers should note that the varying number of calendar days in different calendar months affect the Rental Fee calculation if a Booking spreads across two or more calendar months. Example: If the Customer books the Vehicle with EUR 300 monthly Rental Fee from Jan 20 to Feb 27, i.e. for 39 days, he will pay 12 times the daily Rental Fee applicable for January (12 x 300/31 = EUR 116.13) and 27 times the daily Rental Fee applicable in February (27 x 300/28 = EUR 289.29), altogether EUR 405.42.

Changing the duration of the Booking

Customers can change the duration of their upcoming or active Bookings on the Platform
1. Customers can set the Return Date of their Bookings in the Subscription section of the Website
2. Once they set a Return Date, they can modify it in the same place
3. The Minimum Rental Period is 30 days. Customers cannot set a Return Date that is less than 30 days away from the Start Date of the Booking.
4. After the Minimum Rental Period, the Return Date must be at least 14 days into the future.
5. In case the Customer needs to return the Vehicle sooner than 30 days, he must contact Swapp and a Handover will be arranged for him. In such a case, the Customer will be charged an Early Return Surcharge equivalent to 100% of the Monthly Rental Fee and EUR 25 as a Handling Fee.
When changing the duration of a Booking, the Rental Fee will change as well and reflect the prorated Monthly Rental Fee.
As an example, if the Monthly Rental Fee of the Vehicle is EUR 300 and the Customer sets the Return Date for 30 days from the Start Date in a 30-day long calendar month, he is supposed to pay EUR 300 x 30 days / 30 days = EUR 300. If he decides to extend the duration of the Booking for 39 days, the Rental Fee changes as well.
Customers and Suppliers should note that the varying number of calendar days in different calendar months affect the Rental Fee calculation if a Booking spreads across two or more calendar months. If the Customer extends the Booking of a Vehicle with EUR 300 monthly Rental Fee from Jan 20 to Feb 27, i.e. for 39 days, the Rental Fee calculated after the change will be 12 times the daily Rental Fee applicable for January (12 x 300/31 = EUR 116.13) and 27 times the daily Rental Fee applicable in February (27 x 300/28 = EUR 289.29), altogether EUR 405.42.
The additional EUR 105.42 payable by the Customer would be charged to his card immediately.
The Customer cannot proceed with the change of the duration of the Booking without approving the potential increase of the Rental Fee.
Swapp will pay to the Customer within 14 business days from the end of the Booking any refund applicable in case of shortening the duration of the Rental.

Deposit

When booking a Vehicle, a Deposit may be applicable.
This is a pledge to cover any potential extra Fees related to the Booking (see section 9) or the Insurance Excess in case the Vehicle is damaged (see section 8.5).
Its amount is equal to the monthly Rental Fee, but minimum EUR 500, i.e., the amount of the Insurance Excess. So if the monthly Rental Fee is EUR 700, the Deposit amount is EUR 700. If the monthly Rental Fee is EUR 400, the Deposit amount is EUR 500.
The Deposit will be charged to the Customer’s credit or debit card.
Once the Booking period ends, Swapp has the right to debit any applicable Fees or Insurance Excess from the temporarily held Deposit from the Customer’s bank account, if applicable. If any part of the Deposit amount is left after such a charge, this amount will be released to the Customer in no more than 30 days after the Handback.
If the Deposit amount is insufficient to cover the applicable fees, the Customer agrees that Swapp is authorized to charge the Customer’s card for the amount due on top of the Deposit.

Swapp credits, coupons, and discounts

Swapp may at its own discretion launch marketing or loyalty campaigns pursuant to which Customers and Suppliers would be granted credits, coupons, or discounts as per the terms of such campaigns.
These can be used on the Platform to offset the Rental Fee payable by the Customer.
Swapp reserves the right to apply different rules and limitations to different types of credits, coupons or discounts. These include but are not limited to start and expiration dates, number of Customers that can apply the given credit, coupon, or discount, etc.
Swapp also reserves the right to give these credits, coupons, or discounts selectively to some and not all Customers.

Handover process

Following the approval of a Booking, both the Supplier and the Customer will receive an email notification about the upcoming Handover. This is a personal meeting where the Supplier hands over the booked Vehicle to the Customer, together with its keys, documents, and accessories (if applicable).
The email notification will be sent 1 week before the start of the Rental period, if there is at least 1 week between the approval of the Booking and the start of the Rental period. In all other cases the email notification is sent immediately after the approval of the Booking.
Following the email notification and after having received each other’s contact details, Suppliers have to proactively contact the Customer and initiate the Handovers. That said, Customers can initiate it too by contacting the Supplier. The Supplier and Customer can contact each other via phone, email, or Swapp’s messaging system on the Platform.
The place of the Handover is determined by the Supplier and it is usually the address where the Supplier keeps the Vehicle, unless agreed otherwise.
During the Handover process, the Supplier and the Customer agree to follow these steps.
1. Verification
  1. The Supplier has the responsibilities to check:
    1. The validity of the Customer’s ID
    2. The validity of the driver’s license
    3. That the Customer matches the picture on his ID card and driver license
    4. That the Customer has held the driver’s license for the minimum of 3 years
  2. The Supplier must refuse the Rental and immediately inform Swapp if:
    1. The Customer fails any of the checks above
    2. The person wishing to take possession of the Vehicle is not the Customer
    3. The Customer provides a driving license that does not authorize him/her to drive in the country where the Vehicle is registered. It is the Supplier's responsibility to verify with the relevant authorities any special provisions concerning the rights of foreigners to drive in that country.
  3. If the Suppliers do not report this to Swapp, they will be liable for the consequences of not verifying the items listed in this Section.
  4. The Customer has the responsibilities to check:
    1. The identity of the Supplier or his representative
    2. The Vehicle’s registration and its license plates
    3. Check the condition of the Vehicle
    4. The safety equipment required by law
  5. Although Swapp checks Vehicle documents when they get uploaded to the Platform and may randomly conduct pre-agreed inspections of Vehicles as well as mystery shoppings, each Customer is entirely and solely responsible for checking and verifying the above.
2. Inspection of the Vehicle
  1. The Customer and the Supplier check the exterior and interior of the Vehicle. They review its general condition and look for potential damages, scratches, etc.
3. Photo documentation
  1. The Customer as well as the Supplier are advised to take at least eight (8) photos of the Vehicle’s interior and exterior. Additionally, the Customer is encouraged to take additional photos of any damages, scratches or other, visually noticeable irregularities on the Vehicle.
  2. These photos are important as they can serve as evidence to prove the state of the Vehicle at the time of Handover. If photos are taken, Swapp will likely use them to evaluate potential complaints and settle disputes related to a given Rental. Unless photos obtained from the Customer can prove that the damage on the Vehicle already existed at the time of Handover, the costs of repair may be charged to the Customer.
  3. The Customer is advised to keep these photos for at least 60 days after the end of the Rental period.
4. Adding further notes
  1. The Customer and Supplier document the mileage, fuel level, and other descriptive notes about the Vehicle (e.g. issues with cleanliness, special accessory installed, etc).
5. Handing over the keys and accessories (if applicable)
6. Handing over copies of relevant documents
  1. Registration certificate
  2. Third party liability insurance
  3. Accident report forms
7. Signing the Handover Form
  1. Once the above steps have been successfully completed, the parties sign the Handover Form.
  2. This is a standardized document provided by Swapp that includes information about the Supplier, the Customer, and the Vehicle.
  3. The Supplier will bring 2 hard copies of this document to the Handover meeting.
  4. Once the documents are signed in two copies (one for the Supplier and one for the Customer), the Supplier will take a picture of it and send it to Swapp.
  5. The orderly filling in and signing of this document marks the successful completion of the Handover process. Therefore the parties are asked to exercise due care and seriousness when completing it.
Failing to follow the above instructions may result in the abortion of the Handover process and in suspension or ban of the respective User’s account.
The Rental Agreement between the Customer and Supplier comes into effect by accepting Swapp’s Terms when booking a Vehicle and by signing the Handover-Handback Agreement.
The Customer must retain his copy of the signed Handover Form and the Supplier must provide the Customer with a copy of the Vehicle’s registration documents.
Once the Handover Form has been signed and the Rental has begun, the Customer is considered to have accepted the Vehicle’s condition as is, without any possibility to dispute that condition afterwards. Consequently, if a damage is noticed by the Supplier after the Rental, the Customer will be considered as having caused such damage and may incur potential repair costs (for more details see section 8 on Insurance).
The Supplier and the Customer acknowledge that they will not enter into a separate agreement that could interfere with or override the Rental Agreement.

Aborting the Handover process

The Supplier can refuse to hand over the Vehicle if:
1. Section 5.5.5.1.2. applies;
2. The Customer is under alcohol or drug influence;
3. The Customer’s behavior is grossly inappropriate (violent, harassing, threatening, etc);
4. The Supplier suspects serious risk of fraud or crime associated with the attempted Rental;
5. The Customer is a no-show for more than 30 minutes after the pre agreed meeting time;
The Customer can refuse to proceed with the Handover if:
1. The Vehicle is different from the one advertised in the Listing on Swapp;
2. The Vehicle is damaged, dirty, or faulty;
3. The Supplier’s behavior is grossly inappropriate (violent, harassing, threatening, etc);
4. the Supplier or his representative cannot properly identify themselves and prove the right to rent out the Vehicle;
5. The Customer suspects a serious risk of fraud or crime associated with the attempted Rental;
6. The Supplier is a no-show for more than 30 minutes after the pre agreed meeting time.
If the Customer or the Supplier choose to abort the Handover process, they should immediately notify Swapp and be prepared to justify their decision. A Cancellation Fee may apply as per section 7 of these Terms.

During the Rental

Swapp offers Customers certain information and support necessary for a good rental experience. This information is available via the Booking page on the Website.

Breakdown

In case the Vehicle breaks down, the Customer should contact the Roadside Assistance service arranged by Swapp (section 5.6.4) and must contact the Supplier as well as Swapp.
If the Vehicle cannot be repaired and made functional again either by Roadside Assistance on the spot or in a repair shop within 3 hours where the Vehicle is towed, then the Customer is eligible for a full refund of the paid but unused part of Rental Fee.
Should Roadside Assistance, a repair shop contacted by Roadside Assistance, or an independent expert establish that the breakdown was not caused by the Customer, Swapp may compensate him with Swapp Credits, if it is justified. In case of compensation, the value of Swapp Credits and a EUR 25 Handling Fee will be charged to the Supplier.
If the Customer caused the breakdown, he will receive a refund for the unused part of paid Rental Fee, but will not receive compensation and will be charged for at least the Insurance Excess (if the incident is covered by Insurance) or the full cost of repair.
In case of a breakdown of the Vehicle, Roadside Assistance will support the Customer, with certain limitations. For more details see section 5.6.4.

Reporting an incident or problem

The Customer agrees to immediately report to Swapp and the Supplier any problems, breakdowns or damage related to the Vehicle.
The Supplier agrees to immediately report to Swapp any problems or damages related to the Vehicle and caused by the Customer during the Rental. In such a case, the Customer may be liable for the damage which would be charged to his card on file.
Smaller incidents or problems can occur as well. In these cases the Vehicle remains usable, but the convenience of the Customer or the completeness of his rental experience is negatively affected. Examples: broken air conditioning, malfunctioning electric windows, sat nav unable to turn on, etc. Should the Customer report such an issue, the Supplier must provide a satisfactory solution to it within 3 working days.
1. This solution can involve
  1. Requesting the Customer to deliver the Vehicle to the Supplier or a workshop identified by the Supplier. The delivery can take place at the Customer’s convenience, but during business hours.
  2. The Supplier picks up the Vehicle from the Customer, at the Customer’s convenience, but during business hours.
2. The Supplier should do everything in his power to return the Vehicle to the Customer on the same day when it was handed over to him for maintenance.
3. Should the Supplier be unable to do this, the Customer can choose from the following options
  1. Accept a replacement Vehicle from the Supplier for the given period. The replacement Vehicle shall be of the same category the Vehicle under maintenance.
  2. If the replacement Vehicle is not available or not in the same category, then request a prorated refund for the days the Vehicle is unavailable, then continue using the Vehicle once it was returned to him.
  3. If the replacement Vehicle is not available or not in the same category, then request a cancellation of the Booking on the day the Vehicle is handed over to the Supplier and receive a prorated refund.
4. If the maintenance period takes longer than 5 calendar days, the Customer can report this to Swapp, the Booking will be cancelled, the Customer will receive a prorated refund, and the Supplier will have to pay a penalty of EUR 115, EUR 100 of which. will be used to compensate the Customer for the inconvenience and EUR 15 will be retained by Swapp as Handling Fee.

Roadside assistance

Roadside Assistance is available to all Customers who rent a Vehicle via the Platform.
Roadside Assistance is provided via
1. Allianz’s UBI insurance or
2. The Vehicle’s casco insurance or
3. The Supplier’s via a subscription to a dedicated roadside assistance service (“Supplier Roadside Assistance”)
Roadside Assistance service covers the following aspects, with certain limitations and provided that certain conditions are met:
1. On-site assistance
2. Towing
3. Arranging spare parts
4. Overnight stay
5. Journey home
6. Vehicle repatriation
7. Urgent mobility needs on the spot
8. Flat tyre incident
9. Forwarding of urgently needed items
The Customer can find the phone number of the Roadside Assistance.
1. In the Booking confirmation email
2. On the Handover-Handback Agreement signed at Handover and placed in the Vehicle.
3. By contacting Swapp
In case the Supplier Roadside Assistance is not available at any time to the Customer who requests it, the Supplier will be charged any costs that Swapp or the Customer may sustain in relation to the provision of a third party’s equivalent or similar Roadside Assistance.
Suppliers and Customers acknowledge that the Roadside Assistance service may not cover certain cases or associated costs, or may cover them only to a certain limit. In these cases, Swapp will charge the extra costs and a EUR 25 Handling Fee to the Supplier. If the underlying reason for needing the Assistance Services can be attributed to the Customer’s behavior or fault, the Supplier will charge this amount to the Customer. If Supplier and Customer can’t agree on who is responsible for the underlying reason, the Supplier may, at his own cost, hire an independent expert to investigate this. If the expert’s report finds that the Customer was responsible, the cost of the investigation will also be charged to the Customer.
Terms and conditions of the Allianz UBI insurance (“Allianz Policy”) in German can be found here.

Scheduled maintenance

The Supplier reserves the right to call back any booked Vehicle for a scheduled maintenance.

The Supplier should provide due notice of a Scheduled maintenance at least 30 calendar days. The Supplier must notify Swapp and the Customer via email, or Swapp’s messaging channel on the Platform.
When the Customer receives notice of a Scheduled maintenance, the Customer may either (i) terminate the Rental on the day he receives the notice, without any additional fees,, or penalties, or (ii) agree to accommodate the Supplier’s request. In case the Customer agrees to accommodate the Supplier’s request, it may either drive the Vehicle to the pre-agreed location or enable the Supplier to pick up the Vehicle and drop it off once the maintenance is done. It is the Customer deciding which one is more convenient for him.
If the Customer does not arrive at the Scheduled maintenance meeting within 30 minutes from the pre-agreed time and does not notify the Supplier about his delay, the Supplier may claim the application of Late Return Fee of EUR 15 per hour. The Supplier shall notify Swapp about the incident in order to get the Fee applied. In relation to this transaction, Swapp will invoice the Supplier for a Handling Fee of EUR 10.
If the Supplier does not arrive at the Scheduled maintenance meeting within 30 minutes from the pre-agreed time and does not notify the Customer about his delay, Swapp will charge the Supplier a Late Arrival Fee of EUR 15 per hour which the Customer will receive in the form of Swapp Credits. The Customer shall notify Swapp about the incident in order to get the Fee applied.

Fines and violations

During the Rental of the Vehicle, the Customer is liable for any infractions or violations of traffic laws or parking rules caused by the Vehicle.
The Customer is assumed to be solely responsible for any penalties or fines related to these infractions or violations. The Supplier will therefore charge the Customer all levied penalties or fines associated with the Vehicle during the Rental period.
The Supplier will charge the Customer a Handling Fee of EUR 20. In relation to this transaction, Swapp will invoice the Supplier for EUR 10 to cover admin costs.

Early Return Request

The Supplier has the right to request the Customer to return his Vehicle even before the set Return Date of Rental period. This policy shall help to accommodate the Supplier’s fleet management practices.
The Supplier must give at least 45 days notice in case of an Early Return Request.
Should the Supplier request an early return, Swapp reserves the right to charge the Supplier 50% of the Monthly Rental Fee. The Customer will be able use these Swapp Credits at any of his future transactions on the Platform. Swapp reserves the right to evaluate these situations on a case by case basis and determine whether a charge or compensation should be applied.
In case of an Early Return Request, the Rental Fee paid or payable by the Customer will be adjusted pro rata and the Customer will receive a refund within 14 business days.
Swapp reserves the right to warn, suspend or ban any Supplier for misusing the Early Return Request or using it more often than 3 times per calendar year.

Reporting mileage to Swapp

During the Booking, the Customer is required to report the actual mileage of the Vehicle to Swapp on a monthly basis.
Based on this information Swapp confirms whether the Customer exceeded the monthly mileage allowance which is included in the Monthly Rental Fee. In case of a kilometer overrun, the Customer will be charged an Extra Mileage fee (More details in See section 11.5)
To report the mileage, Customers are required to take a photograph of the Vehicle’s odometer in the last 5 days of every calendar month and send it to Swapp by the end of every calendar month.
In case a Customer fails to comply with section 5.6.8.3., Swapp may initiate a forced return of the Vehicle. Should this be the case, Swapp will communicate this to the Customer by email and the Customer has 5 days to comply.
Should the Customer not return the Vehicle within the 5-day deadline, Swapp or the Supplier will report the Vehicle as stolen to the police. In parallel to that, Swapp or the Supplier may initiate the repatriation of the Vehicle in which case Repatriation Fees will apply as per section 11.5.

Extension of the Rental period

If the Customer wants to return a Vehicle, he can set the Return Date on the Subscription page of the Platform.
The Minimum Booking Period is 30 days. Customers cannot set a Return Date that is sooner than 30 days from the Start Date of the Booking. In case the Customer needs to return the Vehicle sooner than 30 days, he must contact Swapp and a Handover will be arranged for him. In such a case, the Customer will be charged an Early Return Surcharge in equivalent to 100% of the Monthly Rental Fee and EUR 25 as a Handling Fee.
After the Minimum Booking Period, the Customer can return the Vehicle after giving a notice period of 14 days. Should the Customer want to return the Vehicle with an even shorter period, he must contact Swapp and a Handover will be arranged for him. In such a case, the Customer will be charged an Early Return Surcharge in equivalent to 50% of the Monthly Rental Fee and EUR 25 as a Handling Fee.
If the Customer wants to extend the Booking after having set the Return Date and the Vehicle is available for the desired time period, he can request the extension via the Subscription page of the Platform. The extension will be auto-approved by the Swapp system.
The Supplier will receive an email notification from Swapp about the extension of the Booking and is not expected to take any action.
Depending on the Rental Fee paid to date and newly set Return Dateend date, the Customer might be entitled to a partial refund or might need to pay extra on top of what he already paid. The Customer will need to approve this change and accept any extra charge, if applicable, before he can proceed. Details on this are explained in section 5.2.
Following the auto-approval and the successful charge, the Return Date will change in the Customer’s Subscription page on the Platform and the Customer can continue using the Vehicle until the new return date. For further details on booking approval see section 5.1.
The Customer shall return the Vehicle on the agreed date. Keeping a Vehicle beyond the initial Booking period without extending it via the Platform is a violation of these Terms. It will lead to charging the Customer a Late Return Fee of EUR 15 per hour, and potentially filing a report with the police as well as taking legal action against the Customer.
If the Customer is late by more than 1 hour without notifying the Supplier and Swapp, he will be charged 300% of the daily Rental fee for each additional day started before returning the Vehicle. Also, the Supplier shall notify the police and Swapp about the missing Vehicle.
In case of late return, any damage that has taken place since the beginning of the Rental will be charged to the Customer without the latter being covered by the Insurance and other Fees defined in section 9 may be levied to the Customer in the name and on behalf of the Supplier.

Handback

Notwithstanding any applicable provision above, the Customer must return the Vehicle to the Supplier on the last day of the Rental period.
This takes place during the Handback meeting where the Customer hands back the booked Vehicle to the Supplier, together with its keys and accessories (if applicable).
It is the Supplier’s responsibility to reach out to the Customer 7 calendar days before the Return Date and coordinate the exact time and place of the Handback meeting.
The place of the Handback is determined by the Supplier and it is usually the address where the Supplier keeps the Vehicle, unless agreed otherwise.
Swapp sends an email reminder to both the Supplier and the Customer 7 calendar days before the end of the Rental periodThis email reminder includes the steps for both parties to follow at the Handback meeting.
During the Handback process, the Supplier and the Customer agree to follow these steps.
1. Inspection of the Vehicle
  1. The Customer and Supplier check the exterior and interior of the Vehicle. They review its general condition and look for potential damages, scratches, etc.
2. Checking the cleanliness of the Vehicle
  1. The Customer must return the Vehicle clean at the end of the Rental. In case the Vehicle has been soiled, the Customer shall clean it before the end of the Rental, for example in the following cases: traces of mud on the carpet, dirt on the body due to travelling on muddy roads, etc.
  2. In case of failing to return a clean Vehicle, the Customer shall pay compensation to the Supplier as stated in section 11.
3. Photo documentation
  1. The Customer and the Supplier are advised to take at least eight (8) photos of the Vehicle’s interior and exterior. Additionally, they are required to take a photo of the Vehicle’s odometer. Finally, they are encouraged to take additional photos of any damages, scratches or other, visually noticeable irregularities on the Vehicle.
  2. These photos are important as they can serve as evidence to prove the state of the Vehicle at the time of Handback. Swapp will use them to evaluate potential complaints and settle disputes, should any of these emerge.
  3. The Supplier must send the photo about the odometer to Swapp. This will be used to check the kilometer run by the Vehicle and to calculate any applicable surcharges. When it comes to all other photos, both the Supplier and the Customer are advised to keep them for at least 60 days after the end of the Rental period.
4. Adding further notes
  1. The Customer and Supplier document, fuel level, and other descriptive notes about the Vehicle (e.g. issues with cleanliness, special accessory returned, etc).
5. Returning the keys and accessories to the Supplier
6. Raising a claim
  1. Should the Supplier notice any damages, scratches or problems with the Vehicle, he should notify Swapp immediately, but no later than 1 hour after the handover.
  2. If he can, the Supplier should notify the Customer already at the Handback about any Claim that he intends to report to Swapp.
  3. He should also include any evidence (e.g. photos from before and after the Rental) to illustrate the issue and prove his case.
7. Signing the Handback Form
  1. Once the above steps have been successfully completed, the Customer and Supplier sign the Handback Form.
  2. This is a standardized document provided by Swapp that includes information about the Supplier, the Customer, and the Vehicle.
  3. The Supplier will bring 2 hard copies of this document to the Handback meeting.
  4. If the Supplier is going to raise a claim, he should mention that in the relevant section of the Handback document. Using the same section of the document, the Customer should either acknowledge or dispute his responsibility regarding this claim.
  5. Once the two copies are signed, the Supplier will take a picture of it and send it to Swapp.
  6. The orderly filling in and signing of this document marks the successful completion of the Handback process and the end of the Rental period. Therefore the Customer and Supplier are asked to exercise due care and seriousness when completing it.
Both the Customer and the Supplier must retain their copies of the signed Handover Form.
If the Customer does not arrive at the Handback meeting within 30 minutes from the pre-agreed time and does not notify the Supplier about his delay, the Supplier may claim the application of Late Return Fee of EUR 15 per hour. The Supplier shall notify Swapp about the incident in order to get the Fee applied.
If the Customer is late by more than 1 hour without notifying the Supplier and Swapp, he will be charged 300% of the daily Rental fee for each additional day started before returning the Vehicle. Also, the Supplier shall notify the police and Swapp about the missing Vehicle.
If the Supplier does not arrive at the Handback meeting within 30 minutes from the pre-agreed time and does not notify the Customer about his delay, Swapp will charge the Supplier a Late Arrival Fee of EUR 15 per hour which the Customer will receive in form of Swapp Credits. The Customer shall notify Swapp about the incident in order to get the Fee applied.

Reviews and ratings

After the Handback, the Customer and Supplier are encouraged to leave feedback about their experience via Swapp’s review system.
This serves as a quality control mechanism and helps other Customers, Suppliers and Swapp to understand the experience with certain participants and Vehicles using the Platform.
Based on the reviews and ratings, Swapp may take action against or on behalf of certain Suppliers or Customers.
Leaving reviews can be done in the form of:
1. Rating on a 1-to-5 star scale with a descriptive feedback
2. Rating on a 1-to-5 star scale and giving descriptive feedback.
These reviews appear publicly on the profile of the Supplier or Customer on the Website and in the App.
All reviews and feedback must be polite and respectful. Threatening, aggressive, racist, or obscene comments or messages are violations of these Terms and may result in the ban or suspension of the Customer or Supplier responsible for them.
Swapp reserves the right to moderate or delete any and all reviews and feedback that do not comply with these obligations.

Invoices

Customer’s perspective

The Supplier will issue invoices for the Customer at the beginning of each calendar month for the Rental Fee paid in the previous calendar month.
The Supplier will invoice the Customer for other Fees and fines no later than within 8 calendar days from their occurence.
The Customer will receive this invoice in an email.
On the invoice, the Supplier will use the Customer’s details (name, address, etc) provided by the Customer at the time of Registration or later in the Profile section of the Website.
When it comes to Rental services and other Fees related to the Rental, the transactions happen between Customer and Supplier. The related invoices are therefore issued by Swapp on behalf of the Supplier as the service provider. Swapp is no party to those transactions.

Supplier’s perspective

Swapp invoices the Customer on behalf of the Supplier for Rental transactions intermediated by the Platform.
The Supplier will receive these invoices in an email from Swapp. Should the Supplier request it, Swapp can within 5 business days provide to the Supplier the underlying data used on these invoices.
Swapp provides the Supplier Internet society services (access to an intermediary Platform) and charges a Commission (for more details see session 10.3), as well as other related services, for which it invoices the Suppliers the due amounts under these Terms.

The invoices issued by Swapp are electronic invoices. Swapp makes every effort to meet regulatory requirements related to the invoices in terms of content, format, or data provision to authorities. The Supplier will receive these invoices from Swapp in email.

Contacting Swapp

Customers and Suppliers can contact Swapp any time before, during, or after the Rental period.
1. Customers can send emails to hello.vienna@joinswapp.com
2. Suppliers to suppliers.vienna@joinswapp.com
Both Customers and Suppliers can contact Swapp using the Support function in the bottom right corner of the Website.

Communication and messages exchanged through the Platform

Customers and Suppliers can exchange messages among themselves or with Swapp’s staff before, during, or a limited time after the Rental period.
This communication can take place via the Platform’s integrated messaging channel or outside of it (phone calls, emails, etc).
The messages exchanged are intended to organize the Rentals and do not appear publicly on the Platform.
All messages must be polite and respectful. Threatening, aggressive, racist, or obscene comments or messages that are in violation of these Terms and may result in the ban or suspension of the Customer or Supplier responsible for them.
Swapp reserves the right to review any and all messages, and to moderate or block the ones that do not comply with these obligations. Swapp may also warn, suspend, or ban the sender of the message
1. In case section 6.4 is violated.
2. There is suspicion of fraud or crime.
3. The sender attempts to bypass Swapp and transact directly with the other User.

Cancellation of a Booking

The Customer and the Supplier may cancel an approved Booking made on the Platform. Rules and cancellation fees apply as per below.

Cancellation by the Customer

The Customer can initiate the cancellation on the Platform in the Subscription section, by selecting the concerned Booking and clicking “Cancel Booking”.
The Customer can cancel the Booking free of charge if the Start Date of the Rental is more than 21 days away. If the Customer cancels afterwards, he will be charged a Cancellation Fee of 10% of the Monthly Rental Fee.
Had there been any overpayment, the Customer will be reimbursed the amount due to him within 5 working days.
If a credit or coupon was used to pay for the Rental, the Cancellation Fee will be primarily calculated from the total money amount paid. In case the total money amount paid is less than the calculated Cancellation Fee, the Cancellation Fee will be capped at the money amount paid as part of the Rental Fee.
If the Customer cancelled two of his Bookings in the past, then for any additional cancellation with less than 21 days until Handover, he will be charged a High Risk Cancellation Fee equivalent to 200% of the Monthly Rental Fee of the Vehicle.
If the Customer aborts the Handover, he does not have to pay a Cancellation Fee if:
1. The Handover was aborted for reasons listed in section 5.5.11.2 of these Terms.
2. The Customer immediately notified Swapp about the incident.
3. Swapp finds the Customer’s reasoning legitimate.
If the Customer aborts the Handover for other reasons and / or does not follow the steps in section 7.2.7, he will have to pay a Cancellation Fee of 100% of the monthly Rental Fee.
Whenever a Cancellation Fee is charged from the Customer, the Supplier shall receive this amount less a Handling Fee of EUR 25 withheld by Swapp (for more details on Commission see section 10.3).

Cancellation by the Supplier

The Supplier can initiate the cancellation by contacting Swapp’s support via email.
If the Supplier cancels the Booking 48 hours or more before the start of Rental, then he will be charged a Supplier Cancellation Fee of EUR 100 + EUR 25 Handling Fee to Swapp.
If the Supplier cancels the Booking 48 hours or less before the start of Rental, then he will be charged a Supplier Cancellation Fee of EUR 200 + EUR 25 Handling Fee to Swapp.
If the Supplier is a no-show at the Handover within 30 minutes from the pre agreed time and without having notified both Swapp and the Customer, the Supplier will be charged a Supplier Cancellation Fee equivalent to the monthly Rental Fee + EUR 25 Handling Fee to Swapp.
The Rental Fee paid by the Customer in relation to the canceled Booking shall be refunded to the Customer within 15 days.
The Supplier Cancellation Fee is paid to the Customer on top of any applicable Refund and in form of Swapp Credits. These can be used against the rental of the Customer’s next Booking on the Platform.
If a Supplier with 2 cancelled bookings from the past 12 months initiates a third cancellation, Swapp will charge him a High Risk Cancellation Fee of EUR 200, which shall be in addition to any sums due by the Supplier under 7.3.3. or 7.3.4. Also, Swapp reserves the right to suspend or ban such a Supplier.
If the Supplier aborts the Handover, he does not have to pay a Cancellation Fee if
1. The Handover was aborted for reasons listed in section 5.3.11.1 of these Terms
2. The Supplier immediately notified Swapp about the incident
3. Swapp finds the Supplier’s reasoning legitimate
If the Supplier aborts the Handover for other reasons and / or does not follow the steps in section 7.3.7, he will have to pay a Cancellation Fee of 100% of the monthly Rental Fee + EUR 25 handling fee for Swapp.

Insurance

General rules and conditions

The Customer agrees to take the utmost care of the Vehicle and return it in the same condition as it was in when he took possession of it, save for normal wear and tear deterioration. The Customer is liable for any damage caused to the Vehicle during the Rental period, i.e. from the time he took possession of it at Handover until the time he returned it at Handback.
When a Customer rents a Vehicle on the Platform, the Vehicle under his use is covered by the insurance applicable for the Vehicle.
It is the Suppliers and not Swapp who insure the Vehicles available on the Platform.
Suppliers must ensure that all Vehicles rented out via the Platform have a third party liability insurance and this insurance is maintained over the entire period the Vehicle is listed on the Platform.
Additionally, Suppliers must have one of the following options for every Vehicle they register on the Platform:
1. A usage-based insurance (UBI) insurance provided by Allianz (“Allianz UBI Insurance”)
2. Any casco insurance that meets regulatory requirements in Austria and is suitable for covering rental activities (category 22)
If the Supplier chooses the latter, he still commits to guarantee towards the Customer the same insurance terms as the ones provided by Allianz UBI Insurance. This is to ensure transparency and a standardized experience for the Customer.
In case the insurance does not cover the costs and expenses associated with the damages, theft, embezzlement, mechanical failure, or failure to return the Vehicle in the same condition as when handed over, the Customer is fully liable.
Customers and Suppliers acknowledge that the Allianz UBI insurance coverage exists - without prejudice to the other contractual provisions - only insofar and as long as no economic, trade or financial sanctions or embargoes of the European Union or the Republic of Austria are directly applicable to the contracting parties and in conflict therewith.

This also applies to economic, trade, or financial sanctions or embargoes imposed by the United States of America with regard to Iran, insofar as this does not conflict with European or Austrian legal provisions.

Terms and conditions of the Allianz UBI insurance (“Allianz Policy”) in German can be found here.

Rules applicable to damages

If the Customer is not responsible for the damage, he must complete and sign with the third party an accident statement and immediately notify the police if required by law. The damage is directly managed between the Supplier’s insurance company and the third party’s insurance company in order to indemnify the Supplier.
If the Customer is responsible for the damage and that type of incident is covered by the Supplier’s insurance policy - which can in no case be less favorable to the Customer than the Allianz UBI Insurance - the Customer pays the value of the damage up to the amount of the Excess (as defined in section 8.5), and the insurer pays for the rest. That way, the Supplier is covered for any damage caused by the Customers, and the Customers are enabled to pay a reduced amount if they are held liable for the damage. The same applies if the third party responsible for the damage is unidentifiable, or if the third party who caused the damage could have been identified but the Customer did not complete and sign with such third party an accident statement, or if the third party’s insurance contract does not cover the damage.
If the Customer is responsible for a damage to the Vehicle that is not covered by the Supplier’s insurance (e.g. he disassembles and steals parts or components of the Vehicle) but proven by expert report commissioned and paid for by the Supplier, the Customer is liable for all repair cost, even if they exceed the amount of the Excess (section 8.5).
Pursuant to the terms and conditions of the Allianz UBI insurance, the Customer and the Supplier acknowledge and agree that in case you subscribe to Allianz Policy you will be subject to the terms of the Allianz Policy and hereby authorize Allianz to carry out investigations into the cause and extent of the loss and the scope of Allianz obligation to indemnify before commencing repair work on the rented or leased motor vehicle and - insofar as reasonable - to comply with its instructions.

Exclusion from the insurance coverage

The insurance coverage will not apply, without limitation, if
1. The Vehicle was driven by the Customer who does not fully meet the eligibility requirements set out in section 2.2.6
2. The Vehicle was driven by the Secondary Driver who does not fully meet the eligibility requirements set out in section 2.2.6
3. The Vehicle was driven by an individual other than the Customer or the Secondary Driver
4. The Customer used the Vehicle for providing taxi, private hire, any other commercial transport or delivery services
5. The Customer used the Vehicle for racing
6. The Customer used the Vehicle for preparation for or commission of illegal activities with intent
7. The damage was caused by another vehicle driven by the Customer, his family member or a member of his household
8. The Vehicle does not meet the eligibility requirements set out in section 3.2.1 of these Terms
9. The Vehicle was used to transport a greater number of persons than permitted by the motor vehicle regulations
10. If the incident happened while the Vehicle was used on a special area where normally no regular vehicles are used, e.g. airports, landing fields, areas used by the military, etc
If the Customer or any Secondary Driver drove the Vehicle under influence of alcohol, drugs, or any other substance that could have impacted his ability to drive.
The identity of the Customer, the Start and Return Dates, and times of the Rental must correspond to the information provided by the Customer on the Platform.
The Handover Form must be completed and signed by both the Customer and Supplier when the Supplier hands over the Vehicle keys to the Customer. If this is not the case, the insurance coverage will not apply. Swapp should receive a copy from Supplier within 1 hour after the Handover.
Any extension of the Rental period must be made on the Platform. Otherwise, the Vehicle will not be considered as insured throughout the entire Rental period.
If through their actions a Customer or Supplier causes the insurance coverage to lapse, they accept that they will respectively be held liable for any costs incurred and for any consequences of their actions or omissions.
If the insurance incident was caused by inadequate maintenance of the vehicle or where the defects of the Vehicle had existed and had been recognizable at the start of the journey.
Failure to respect any of these Terms will result in the automatic forfeiture of the Insurance coverage.
In case of the Allianz Policy being subscribed, if one of the obligations or conditions in the Allianz Policy are intentionally violated, the insurance coverage will not apply. If the obligation or condition was breached due to gross negligence, the insurer will be entitled to reduce its benefit in proportion to the severity of the fault. If it is proven that the obligation was not breached due to gross negligence, the insurance cover shall remain in force.
In case of the Allianz Policy being subscribed, if the damages have occurred outside of the geographical scope established under the Allianz Policy, the insurance coverage will not apply.
In case of the Allianz Policy being subscribed, please refer to the Allianz Policy specific terms. The Customer remains liable for any damaging events which are listed in the Allianz Policy as not being covered under the Allianz Policy.

Exercising the Insurance in case of damage

Both the Supplier and Customer authorizes Swapp to handle or get involved in handling the administrative aspects of insurance cases on their behalf.
Customers can contact Swapp with all their insurance-related queries.
In the event of damage or theft or other insurance incidents, the Customer must contact Swapp as soon as possible, but no later than 24 hours from the time of the incident. Swapp will notify the Supplier within 24 hours.
If any individual is injured or if the matter constitutes a risk, the police and emergency services must be notified immediately.
Should the Supplier learn about an incident sooner than Swapp, the Supplier must notify Swapp as soon as possible, but no later than 24 hours. In the event of theft or embezzlement of the Vehicle, the Supplier must also notify the police within 24 hours.
Swapp will not deal with any request received after this deadline. The Supplier will have to deal directly with the Customer to manage the claim, in which Swapp will not be involved.
The Rental of a Vehicle will cause normal wear and tear. This is not covered by the Insurance. An explanation of the difference between damage and normal wear is available here.

Insurance Excess

The Insurance Excess is the maximum a Customer must pay out-of-pocket for repairs if he is responsible for damage to the Vehicle during a Rental, or if the third party responsible for the damage is unidentifiable, or if no accident statement was signed, or the third party’s insurance contract does not cover the damage.
This means that if the value of the damage is lower than the Excess, only the lower amount can be charged from the Customer’s card. If the value of the damage is higher than the Excess, only the amount of the Excess can be charged from the Customer’s card.
The amount of the Excess for Vehicles rented through the Platform in Austria is
1. Up to 6,000 EUR (six thousand euros) if the Customer is not able to return the ignition keys or the Customer can be suspected of misappropriation of the Vehicle rented.
2. EUR 500 in all other cases.
The Excess applies to damages on the exterior of the Vehicle, not on the interior.
In case of damage, a Handling Fee is also charged to the Customer. For more details on this see section 11.5.4.
Any amount collected as Excess related to an insurance incident is paid to the Supplier in full.
The Supplier must provide the necessary documents (evidence, quotes and invoices for repairs) within 60 calendar days after the end of the Rental. Swapp cannot collect all or part of the Excess from the Customer if such documents are provided by the Supplier more than 60 days after the end of the Rental.
The following supporting documents will be accepted:
1. An invoice or an expert damage report;
2. A compensation document sent by the insurer;
3. In the event the Vehicle is stolen or embezzled, proof of compensation by the Insurer.
By using the Platform, Customers acknowledge and agree that:
1. The Customer firmly and irrevocably undertakes to pay the amount of the Excess due upon the Supplier’s request, with no objections or exceptions.
2. If the Customer intends to challenge the payment of the Excess, he may seek reimbursement against the Supplier after having paid it;
3. Swapp makes it’s best effort for the payment of legitimately requested Excess to the Supplier even if the Customer has insufficient funds on his method of payment or Swapp cannot recover the money from the Customer immediately for some other reason. Swapp reserves the right to investigate any insurance case further. Should the result of the investigation indicate a suspicion of fraud, Swapp is entitled to withhold any related payment to the Supplier in part or in full.

Payment authorization, pre-authorization, and administration

Payment authorization

Customers

The Customer authorizes Swapp to collect the different sums (Rental Fee, Deposit, Insurance Excess, Handling Fees, etc) in the name and on behalf of the Supplier.
Swapp uses Stripe as payment service provider to bank the sums collected via the Platform.
Once the Booking is confirmed by the Supplier,
1. The prorated monthly Rental Fee for the ongoing calendar month is charged to the Customer’s card immediately. As for the Rental Fee applicable for the next calendar month, that will be charged the last business day of the current month and so on.
2. In case the Customer shortens the Booking period later on, he is eligible for a prorated refund. The refund is due in no more than 14 calendar days once the Handback to the Supplier is completed.

Suppliers

By creating a Supplier account on the Platform a payment account on Swapp’s payment system is also created for the given Supplier.
All sums payable to Suppliers are processed and paid monthly in bulk, within 5 business days from the last day of the respective calendar month, using regular bank transfers, to the bank account as provided by the Supplier.
Swapp will not have any involvement in relation to problems reported by the Supplier to Swapp more than a month after the end of the Rental (except for traffic tickets of which the Supplier could be legitimately unaware).
Swapp guarantees payment to the Supplier even if the Customer has insufficient funds on his method of payment or if Swapp cannot recover the money from the Customer immediately for any reason. Swapp reserves the right to make exceptions in case of suspicion of fraud. If the Supplier has already meant to receive 2 prior payments where Swapp wasn’t able to recover the money from the Customer, then Swapp reserves the right to investigate the case further and even withhold any related payment due to the Supplier in part or in full.

Late Payment Fee

Payments are due by the Customer as soon as the payment request is made by Swapp. Any late payment will result in an increase of the amount due by 10% annual interest. In addition, the Customer agrees that all costs of the debt collection effort will be charged to this account together with a EUR 50 Fee to cover Swapp’s admin costs.

Service provision

Swapp provides an intermediary service and operates a Platform connecting Suppliers who want to rent out Vehicles and Customers who want to rent Vehicles.
For the avoidance of doubt, Swapp does not engage in rental transactions directly. These happen exclusively between the Supplier and the Customer. For the avoidance of doubt, Swapp is not a party to the Rental agreement entered into between the Supplier and the Customer.

Fees of Service

For Customers, accessing and using the Platform is free of charge. Specific services outlined in these Terms may be subject to the payment of service fees.The Customer needs to pay for renting Vehicles from Suppliers to the Suppliers and for associated Fees.
Swapp charges a Commission from the Suppliers. The standard Commission rate is 20% and it is payable from all Rental Fee and Extra Mileage Fee.
Swapp reserves the right to lower the Commission for certain Suppliers provided they meet certain criteria. The criteria can include but are not limited to:
1. the number, type, selection or other parameters of Vehicles they list on the Platform;
2. the quality of the Vehicles and service they provide to Customers;
3. Time duration of their activity on the Platform.
Swapp reserves the right to apply lower Commission to some and not to all Suppliers.
Swapp at its sole discretion and introduce, change or cancel the criteria or the lowering of the Commission.
Any planned changes to affected Suppliers will be communicated by Swapp pursuant to Section 20.
Swapp does not charge a percentage Commission from all other Fees, but a nominal amount, as described in section 11 of these Terms.

Supplier payout, payment adjustment and compensation

Swapp collects the Rental Fee from the Customer as per section 9.1.1.3 of these Terms and collects any potential adjustment and compensation at the end of the Rental period, as per section 11.5.
Swapp pays the Supplier Payout (including any potential adjustment and compensation) within 5 business days from the end of the Rental period.
Swapp may suspend or delay payment to the Supplier in case of ongoing disputes between the Customer and the Supplier, or claims made by the Customer.
In this case, Swapp will transfer the amount due to the Supplier (i.e. Supplier Payout and potential adjustments and compensations):
1. If an agreement is reached between the Supplier and Customer and both can provide proof of this agreement to Swapp,
2. If a judicial authority has made a binding decision ordering the payment of all or part of the Supplier Payout to the Supplier or the return of all or part of that amount to the Customer.

Payment adjustments at the end of the Rental period

Extra mileage

At the end of the Rental period, the Supplier and the Customer carry out a mileage check. This happens during the Handback meeting (see section 5.6)
In Austria, the Rental Fee includes a kilometer allowance of 500 km per month.
In case the number of kilometers driven exceeds the limit included in the Rental Fee, the Customer will pay additional mileage fees according to a price per extra kilometer determined by Swapp.
The allowance is prorated to the number of days of the Rental regardless of the duration of the Rental.
The Extra Mileage rates are always displayed on the Vehicle’s page of the Platform
Additionally, there is a toggle on that page enabling the Customer to set a certain kilometer overrun and see how much Extra Mileage Fee he’d be liable for in case of that overrun.
This toggle is for transparency purposes and to enhance Customer experience. It is not a calculator for determining the actual Extra Mileage Fee which is done by Swapp’s staff after the Handover.

Fuel

During the Handback meeting, the Supplier and the Customer carry out a fuel level check (see section 5.6)
In case the fuel level is different from the one indicated during the Handover, the Supplier will apply an extra charge or reimbursement to the Customer for the Fuel Cost, as follows.
1. For Austria, the Fuel Cost is EUR 1.25 / liter for both petrol and diesel fuel.
Additionally, if the Customer returns the Vehicle with less fuel than what was recorded at Handover, the Supplier will charge the Customer a Refill Fee. This is to compensate the Supplier for the extra effort. For Austria, the Refill Fee is EUR 15. Swapp will invoice the Supplier for EUR 5 as a Handling Fee.

Road tolls

All costs associated with the use of paid roads during a Rental period shall be borne by the Customer, unless specifically agreed otherwise with the Supplier (e.g. the Vehicle has a valid toll sticker that the Supplier purchased before the Handover and irrespective of this particular Booking)
If the Vehicle is equipped with any electronic toll badge and the Customer uses it, the amounts charged on the badge will be invoiced to the Customer by the Supplier, after the Supplier notifies Swapp of such amounts to be charged and sends evidence of the toll fees to Swapp.

Other Fees

The Customer agrees that the Supplier can charge different types of Fees to his account in case of certain behaviors or events that are described in this section.
Payment of compensation to the Supplier may be subject to the Customer’s prior payment thereof.
The Customer is informed that if the Supplier provides proof of the former’s liability, the Insurance Excess , compensations, fees, and penalties will be charged directly to any payment method used by the Customer on Swapp’s Platform. By accepting the Terms, the Customer authorises the payment of such compensation and penalties.
Late Return Fee
1. In case the Customer is late from the Handback meeting, the Supplier may charge a Late Return Fee to the Customer.
  1. If the delay is less than 30 minutes, there will be no charge
  2. If the delay is more than 30 minutes compared to the pre agreed meeting time, the Supplier will charge a Late Return Fee of EUR 15 / hour in Austria
2. Regardless of the length of the delay, the Customer shall make every effort to notify the Supplier about his delay.
3. The Supplier shall waive the Late Return Fee in legitimate cases, if compelling proof and explanation is provided (e.g. serious accident, medical emergency, etc). These are subject to case by case evaluation.
4. The Late Return Fee applies up to a maximum of 24 hours (i.e. the maximum amount is EUR 360).
5. After the first 24 hours, the Supplier will charge the customer 300% of the daily Rental Fee of the Vehicle.
6. Also, after the first 24 hours, the Supplier must report the Vehicle as stolen to the relevant authorities and must inform his insurance company as well as Swapp immediately.
7. Swapp will invoice the Supplier for EUR 10 Handling Fee associated with late returns
Smoking Fee
1. A non-smoking policy applies for all Vehicles on the Platform.
2. Should the Customer violate this policy, the Supplier will charge a Smoking Fee of EUR 100 in Austria.
3. Swapp will invoice the Supplier EUR 10 to cover the costs of related admin work.
4. The Supplier must inspect the car during Handback, add a remark about any violation of the non-smoking policy to the Handback form, notify Swapp about the violation of the non-smoking policy and request from the Smoking Fee within 1 hour from the Handback.
5. On top of the Smoking Fee, the Customer will also be charged a Cleaning Fee.
No Animal Fee
1. Transporting pets or other animals is not allowed in any Vehicle rented through the Platform.
2. Should the Customer violate this policy, the Supplier will charge a No Animal Fee of EUR 100 in Austria.
3. Swapp will invoice the Supplier EUR 10 to cover the related admin work.
4. The Supplier must inspect the car during Handback, add a remark about any violation of the no animal policy to the Handback form, notify Swapp about the violation of the policy and request from the Fee within 1 hour from the Handback.
5. On top of the Animal Transportation Fee, the Customer will also be charged a Cleaning Fee
Cleaning Fee
1. The Customer commits to return a clean Vehicle to the Supplier, as per section 5.6.6.2.
2. Should he fail to do that, the Supplier will charge a Cleaning Fee of EUR 100 in Austria.
3. Should the Vehicle require chemical or other special cleaning where the costs may exceed EUR 90, the Customer will be charged for these extra costs too, provided that the Supplier is able to prove the legitimate need for this special cleaning (e.g. photos, description, other evidence) and provide an invoice.
4. Swapp will invoice the Supplier EUR 10 out of the Cleaning Fee charged to cover the extra admin costs.
5. The Supplier must inspect the car during Handback, add a remark about the cleanliness of the Vehicle to the Handback form, notify Swapp about any cleanliness issues, and request from the Cleaning Fee within 1 hour from the Handback.
Handling Fee for driving and parking tickets
1. The Customer is charged a Handling Fee of EUR 20 for driving and parking tickets or fines of similar nature received by the Supplier for an offence that happened during his Rental. This fee is to compensate the Supplier and Swapp for the extra admin effort.
2. EUR 10 is invoiced to the Supplier by Swapp.
3. The Customer will be charged the Handling Fee on top of the actual fine or ticket.
Repatriation Fee
1. At the end of a Rental (and outside of cases of accident or breakdown of the Vehicle), the Customer must return the Vehicle to the location specified by the Supplier as a Handback location. Otherwise, the following compensation and fees will apply, provided it is requested by the Supplier through Swapp’s contact page within 24 hours following the meeting time of the Handback:

Distance (km)		Repatriation Fee (EUR)
From	To
0	10	35
10	50	50
50	100	100
100	300	200
300 or more	or from abroad	500

Handling Fee for damages
1. In the event of a claim filed by the Supplier against the Customer regarding a damage caused to the Vehicle, the Customer may be liable up to the amount of the Insurance Excess (see section 8.5) and for a Handling Fee of EUR 50 invoiced by the Supplier. In relation to this, EUR 25 will be invoiced by Swapp to the Supplier as a Handling Fee.
2. If the Customer is held liable for damage caused to third parties with a Vehicle during a Rental without having reported it to Swapp and the Supplier, the Customer may be liable up to the amount of the Insurance Excess (see section 8.5) and for a Handling Fee of EUR 50, of which Swapp will invoice EUR 25 to the Supplier.
3. For any breakdown following normal use of the Vehicle by the Customer, the Supplier is liable for any recovery and repair costs as well as for a Handling Fee of EUR 25 payable to Swapp.
4. A EUR 50 Handling Fee is applied against the Customer if he is held responsible for a breakdown of the Vehicle according to the report of an expert commissioned by the Supplier. This Fee charged by the Supplier. In relation to this Fee Swapp will invoice the Supplier for EUR 25. Regarding the expert, the Supplier can hire one at his own cost if he chooses so. If the independent expert report then shows that the Customer is liable for the breakdown, the costs for the report will be charged to the Customer and the Supplier will be reimbursed.
5. In case of Pilot Error (such as wrong fuel, broken keys, etc), the Customer will be liable for the repair or replacement costs, all other associated costs (e.g. towing the Vehicle from A to B), and a Handling Fee of EUR 50is paid to the Supplier.The Supplier will be invoiced EUR 25 by Swapp.

Setting the Rental Fee

The monthly Rental Fee is set by the Supplier and should be between:
1. EUR 100 as the lowest limit. This is to ensure that a Commission calculated from this is sufficient cover Swapp’s costs operating the Platform and assisting the Users
2. 150% of the Rental Fee recommended by Swapp as an upper limit. This is to ensure that the prices are sensible and realistic, so that they do not damage the competitiveness and the reputation of the Platform.
Should the Supplier attempt to set prices outside of this range, Swapp reserves the right to refuse to publish the Supplier’s listing on the site in order to maintain a uniform, predictable and comparable availability to the Customers of similar services in line with the scope of the Platform and Swapp.
Suppliers must set the Rental Fee for the mileage allowance set by Swapp and applicable in Vienna at the time of listing the given Vehicle. Swapp will also calculate its Rental Fee recommendation based on that mileage allowance.
The Extra Mileage Fee is set by Swapp, based on industry standards.

Taxes

Suppliers are informed that the income they earn from renting their Vehicles may be taxable.
It is solely the Supplier’s responsibility to comply with all relevant tax regulations. Swapp is in no way involved in these processes, unless it is specifically required by law (e.g. providing data to the relevant tax authorities).
Swapp shall not be held accountable for any tax affairs related to any Supplier or Customers.

Intellectual Property

Swapp holds all intellectual property rights in relation to text, graphic, sound, video, software, and other elements on the Platform, including the Swapp brand, with the exception of User-generated content (as defined below).
The Users undertake not to infringe Swapp’s intellectual property rights.
The Customers and Suppliers may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any of the Platform’s features or do any action with the effect of infringing on the intellectual property rights of Swapp or third parties.
The Users expressly agree:
1. To use the Platform for the sole purpose of using the Services;
2. Not to infringe any intellectual property rights (including brands) of Swapp or any third parties on the elements uploaded to the Platform;
3. Not to replicate, attempt to replicate, whether directly or indirectly any elements of the Platform; modify in any manner or form or to use modified versions of the Platform or any element of the Platform;
4. transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on Swapp Platform;
5. Attempt to gain unauthorized access to the Platform or the Services.
6. To keep their Account and Login details private, and to make every effort to ensure that no third party can access the latter;
7. To immediately notify Swapp of the loss, disclosure or access by a third party of their Account and Login details.
Swapp reserves the right to suspend the User’s access to the Platform and the Services, and to immediately terminate his/her Account without notice if the User does not comply with all or any of the obligations specified above, without prejudice to any damages that may be due to Swapp or remedies available to the latter.
The Users grant Swapp a non-exclusive license to use the following content and data provided in connection with their use of the Services and which is necessary to execute the Services (i.e. personal information made available to enable Bookings)
1. For all Users:
  1. Name,
  2. Photo if any is given
2. For Customers:
  1. Year of driver’s license
  2. Rating and reviews on Vehicles
3. For Suppliers
  1. Ratings and reviews on Customers following a Rental,
  2. Listing information,
  3. Photos of the Vehicles associated with the Rental Agreements (altogether the “User-generated Content”).
4. To enable the execution of Services by Swapp, User authorizes Swapp for the entire term of their contractual relationship with Swapp to:
  1. Reproduce and represent all or part of such User-generated Content on any digital medium, in any format and by any process, to the extent necessary for the storage, backup, transmission or download related to the Platform and the provision of the Services;
  2. Adapt and translate such User-generated Content, as well as change the formatting of the User-generated Content for the purpose of following the graphic and/or make it technically compatible for publication on the Platform.

Liability

Users acknowledge and agree that the Platform and the Services are provided on an as-is basis.
Swapp shall not be held liable for the incorrect functioning of the Platform or Service, including their lack of availability.
The Users declare that they accept the limitations of the Platform and the Services, and in particular they acknowledge that:
1. They are aware of the risks of services provided online and their actions on the internet;
2. It is their responsibility to take all necessary measures to ensure that their equipment allows them to access the Platform and use the Service;
3. It is their responsibility to take the appropriate measures to protect their own data, property and/or equipment from viruses.
4. Swapp can in no case guarantee the solvency of Users, even when the pre-authorization is used. The Users must check the identity of their counterpart for a given Rental (Supplier or Customer, respectively), the documents of the Supplier’s Vehicle, and the Customer’s driving license at the time the Vehicle is taken over.
5. The User acknowledges and agrees that Swapp is not obliged to carry out a background check of its Users. Swapp reserves the right to verify User records and documents at its sole discretion, to the extent permitted by applicable law.
6. As a digital platform, Swapp’s role is limited exclusively to connecting Suppliers with Customers. Given that Swapp is not a party to the Rentals, it will not rent out Vehicles via the Platform or the Service. Swapp is a third independent party to the contractual relationship formed between Customer and the Supplier in relation to each Rental.
7. Swapp assumes no liability in case of factual errors in content provided by Suppliers and posted on the Platform, including Vehicle specification sheets, availability, pictures, or similar.
8. Accordingly, Swapp cannot be held liable for any damage suffered or caused by the Customer or the Supplier using a Vehicle rented via the Platform.
9. Moreover, Swapp cannot be held liable for a User’s non-compliance with any applicable regulation..
10. More generally, Swapp can in no way be responsible for indirect or incidental damages caused to Customers or Suppliers in the execution of these Terms and the Rental Agreements.
11. The Supplier and the Customer shall indemnify to Swapp, any of its affiliate companies, shareholders, directors, employees, contractors all costs that Swapp, any of its affiliate companies, shareholders, directors, employees, contractors may incur due to the Supplier and/or Customer in relation to the violation of the Terms, the Services or the Platform.
12. The Supplier and the Customer shall indemnify, defend and hold Swapp, any of its affiliate companies, shareholders, directors, employees, contractors harmless from and against any and all claims (including any claim due to the breach of the Rental Agreement), suits, actions or administrative proceedings, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses in respect of or resulting from the performance of these Terms, the Service and Platform.

Availability of the Platform and Services

The Platform and the Services are available 24 hours a day, 7 days a week, except in case of force majeure or the occurrence of an event beyond the control of Swapp.
Users acknowledge that interruptions may also occur due to breakdowns, maintenance or updates required for the proper functioning of the Platform and provision of the Service (“Maintenance”).
Swapp will inform the Users of any Maintenance, at the earliest opportunity and with at least 24 hours notice prior to its occurrence.
In any event, Swapp will make its best efforts to ensure the Platform and/or the Service function correctly as soon as possible.
When using the Platform and the Services, Swapp’s customer support through the Platform is available to the Users.

Right of withdrawal

Customers cannot benefit from the right of withdrawal generally provided for distance and off-premises agreements pursuant to Article 16 (l) of the EU Directive on consumer rights No. 2011/83/EU and its respective local applications.

Personal data

Swapp is responsible for processing the Users’ Personal Data collected through the Users’ use of the Platform and/or Services.
Swapp is in charge of the collection, safety and use of the Users’ Personal Data for the purposes established in the Privacy Policy. Upon registration, the User consents to the processing as per the Privacy Policy. Each User warrants to keep all data provided accurate and up to date from time to time.

Term, Termination, Suspension and Exclusion of a User from the Services

The Terms entered into for an unspecified period of time (without term).
The Supplier has the right to terminate the Agreement at any time by giving notice at least fifteen days in advance.
Swapp has the ordinary right to terminate the Terms at any time by giving notice at least thirty days in advance.
The notice period shall not apply and the termination shall produce immediate effect, if Swapp:
1. has a legal or regulatory obligation to terminate this agreement in a manner which does not allow it to respect that notice period; or
2. exercises a right of termination under an imperative reason pursuant to national law;
3. can demonstrate that the User has repeatedly infringed any of the applicable terms and conditions;
4. or if the User has become insolvent or has initiated any liquidation or bankruptcy proceeding or any proceeding similar in nature.
If the User breaches any of its obligations under the Agreement, Swapp has the right to restrict or suspend the User from using the Platform without any obligation to compensate for the loss of profit as specified below.
If Swapp temporarily or permanently restricts, suspends or terminates the User from using the Platform, it will provide the latter with a statement of reasons, prior to or at the time of the restriction or suspension taking effect or at the time of termination notice.
The statement of reasons shall contain the specific facts or circumstances, including contents of third party notifications, that led to the suspension or termination, as well as a reference to the applicable grounds referred to in the points above.
Swapp does not have to provide a statement of reasons where it has a legal or regulatory obligation not to provide it, or where Swapp can demonstrate that the User has repeatedly infringed the applicable terms and conditions, resulting in termination of the agreement with immediate effect (including in case of material breach).
Swapp will provide the User with the opportunity to clarify the facts and circumstances that led to the restriction, suspension or termination.
If the restriction, suspension or termination is revoked by Swapp, the User shall be enabled to continue to perform its services without any limitation of accessing personal or other data, or both resulting from its prior use of the Platform.
The User has the right to extraordinarily terminate the Agreement without a notice period, if Swapp fails to comply with or substantially breaches any of the obligations set forth in the Agreement or if Swapp has become insolvent.
The termination of the Terms will not affect:
1. any accrued rights of either party, including any right to receive any payments due but unpaid before the termination; or
2. obligations, which are expressed to survive the termination.
In the event that after the extraordinary termination of the Terms there is an ongoing offline marketing campaign featuring (among others) the User, then Swapp is entitled to refrain from making any changes to the campaign materials regarding the User or its respective Vehicle.
The User benefits from the Service subject to compliance with the Terms, as well as any applicable laws or regulations.
Any violation of any of the provisions of the Terms, as well as any fraud or attempted fraud (eg identity theft, bank card misappropriation, arrears, vehicle theft, repeated or deliberate accidents or damages, etc.) and/or bad behaviour (such as harassment, threatening or offensive remarks against Swapp and/or its employees) might lead to the addition of the User to our exclusion list without prejudice to Swapp’s right to take all necessary legal actions against such User.
Users added to the exclusion list will no longer be able to rent a Vehicle or post a Rental Listing on the Platform. The conditions relating to the processing of personal data on the exclusion list are set out in our Privacy Policy.
The Customers may, at any time and without cause, terminate these by closing their Customer account. Any obligations, which are expressed to survive the termination of the Terms will survive the Term’s termination.

Modification of the Terms

Swapp updates characteristics and features of the Platform and the Services to ensure their operation and quality. Swapp therefore reserves the right to update the Terms anytime, by uploading the revised version on the Terms on their Platform.
Any changes will be notified on a durable medium within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days from notification. Swapp will grant longer notice periods when this is necessary to allow technical or commercial adaptations to comply with the changes. This 15 days notice period shall not apply where Swapp:
1. (a) is subject to a legal or regulatory obligation which requires it to change its terms and conditions in a manner which does not allow it to respect the 15 days notice period;
2. (b) has exceptionally to change its terms and conditions to address an unforeseen and imminent danger related to defending the online intermediation services, consumers or business users from fraud, malware, spam, data breaches or other cybersecurity risks.
If the Supplier or Customer do not agree to the updated Terms, it should be communicated to Swapp in order to terminate the Terms and discontinue the use of the Platform.
Such notice period can in any case be waived by means of a written statement or a clear affirmative action, except in case of editorial changes.
During the notice period, submitting new services or ordering new services on the Platform shall be considered clear affirmative action to waive the notice period, except in cases where the reasonable and proportionate notice period is longer than 15 days because the changes to the terms and conditions require significant technical adjustments. In such cases, the notice period shall not be considered automatically to be waived.
The Terms applicable to each Booking with the Platform are those accessible online at the time of acceptance of the Booking by the Supplier.
The Users are reminded that it is up to them to consult the latest version of the Terms accessible on each page of the Platform before any new Rental is made.

Anti-Money Laundering

The Supplier warrants that it is in compliance with the requirements of any applicable anti money laundering laws and regulations applicable to it. The Supplier warrants that it is not and any of its affiliates or ultimate beneficial owners is not subject to any international sanctions, boycotts, foreign trade controls, export controls, non-proliferation, anti-terrorism and similar laws, decrees, ordinances, orders, demands, requests, rules or requirements.
Swapp, or any third party delegated by Swapp, has the right to conduct reviews of the Supplier's compliance with anti money laundering rules and/or suspend the Supplier from using the Platform, without prior notice, for the purpose of detecting fraud or any other violation thereof.
The Supplier has to notify Swapp immediately of any circumstances that may refer to a violation of this section.

Miscellaneous

The Parties are independent from each other, act in their own name and behalf, and neither Party is authorized to or act as if it has the power to obligate or bind the other Party by contract, agreement, warranty, representation or otherwise in any manner, nor will act in such a way, save where agreed otherwise between the Parties.
For the avoidance of doubt, these terms are not to be construed as creating a partnership, joint venture, principal-agent, employment or other relationship for any purpose whatsoever between the Parties.
The Terms, or the rights and obligations resulting therefrom, shall not be transferred from the User to any third party.
Any invalidity or unenforceability of individual clauses of these Terms, also by reason of amendments to the applicable law as currently in force, shall not result in full nullity thereof; that, without prejudice to the undertaking of the Parties to replace any invalid clause with provisions that are equivalent as much as possible.
If one of the Parties were to waive one of the other Party's commitments or obligations, this is not to be interpreted in the future as a waiver of that commitment or obligation.
Where versions of these Terms exist in any other language, the English version shall prevail.
For the execution of the Terms, the Parties choose the following addresses for service:
1. For Swapp, at the address of its registered office, indicated in the legal notice;
2. For the User, at the address provided upon registration.

Applicable law, jurisdiction, and mediation

These Terms are governed by the laws of Ireland.
In the event of a dispute concerning the interpretation or execution of these Terms, the Parties undertake to at first seek an amicable solution through negotiation or mediation.
Any Customer who is a private consumer may file complaints about our Services on the dispute resolution platform offered by the European Commission available here. The European Commission will forward your complaint to the relevant national mediators. In accordance with the rules applicable to mediation, before any request for mediation, you must have previously informed Swapp in writing of any dispute in order to obtain an amicable solution.
If no such amicable solution can be found with a non-privateCustomer, the dispute shall be finally resolved by the relevant Court of Dublin.