Terms and Conditions of Use and Service

United Arab Emirates

The Platform was developed and published by Swapp Rent A Car DMCC

Version published on May 01, 2026, and effective as of May 01, 2026. Applicable to all Customers and Swapp Representatives within the territory of the United Arab Emirates (the "UAE").

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 Rent A Car DMCC (with license number DMCC-815437) (hereinafter "Swapp", "we', "us", or "our") 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 as a daily, weekly, monthly and multi month rentals with Swapp and Swapp Representatives wishing to rent out their vehicle. Swapp is an intermediary and a rental company and is in limited manner a party to the rental transaction concluded between the Swapp Representatives and the Customers.

Swapp provides its Customers and Swapp Representatives 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.

These Terms complete the terms of the rental agreement which govern the Rental between the respective Swapp Representative and Customer (the "Rental Agreement"). The completion of the Rental Agreement is necessary for the Rental to come into effect. Only by complying with the Terms can Customers and Swapp Representatives benefit from the Services offered by Swapp.

Should there be any discrepancy between the Rental Agreement entered into between the Customer and the Swapp Representative and these Terms, the Rental Agreement shall prevail.

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/Careem 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 through the Swapp Platform. The Customer will be the individual who will be the main driver of the Vehicle and sign the Rental Agreement with the Swapp Representative or Swapp. For clarity, the term "Customer" shall include both the User accessing the Swapp Platform to carry out the Booking, and the individual signing the Rental Agreement with the Swapp Representative as the primary/main driver of the Vehicle during the Rental, and the secondary driver(s) identified in the Rental Agreement;
Listing » refers to the Swapp Representatives' listing on the Platform containing images of their Vehicle/s and relevant information of the Rental via the Platform;
Non-Rental Charges » refers to any charge, penalty, cost, or fine whatsoever incurred by the Swapp Representative as a result of the Rental, together with any other charge provided under this Agreement. For clarity, Non-Rental Charges include the Insurance Excess in case the Vehicle is damaged, Damage estimates (Workshop estimates on damages which are not marked in the police report or in the absence of a valid police report), traffic fine, parking fine, penalty incurred by the Swapp Representative due to the Customer road conduct (ex: speeding, jumping red light, impounding charges or other driving-related offenses), fuel charges (Difference in fuel levels while returning the vehicle), black points transfer Fees (ex: Distracted while driving using phone, jumping red light signal etc), extra kilometer charges (ex: Driving above and beyond the kilometer allowance provided).
Platform » refers collectively to the Website and the Apps;
Prohibited Usage or Prohibited Usages » has the meaning described from 272 to 285 of these Terms;
Rental or Subscription » refers to the rental of a Vehicle made through the Platform;
Rental Agreement » refers to the agreement entered into by and between the Customer and/or Swapp, Swapp Representative;
Rental Fee» refers to the rental base cost of a Vehicle for a given Booking to be paid by a Customer to Swapp;
Services » refers to all services made available to Users when rightfully using the Platform;
Add-ons » refers to additional services offered to Users which is optional at an extra cost;
Swapp Representative » refers to any authorized internal or external party acting on behalf of Swapp to perform, manage, or support operational, legal, financial, or recovery-related activities in connection with vehicles, bookings, customers, or claims;
Swapp, we, us or our » refers to Swapp Rent A Car DMCC;
User » refers to a natural or legal person, whether a Swapp Representative 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 meters in total volume. Motor homes are not accepted;
Similar Vehicle » means a vehicle of the same category, class, or with substantially equivalent specifications, and capacity as the vehicle originally reserved, which Swapp may provide at its discretion if the reserved vehicle is unavailable;
Website » refers to the websites enabling access to the Services, namely "joinswapp.com", "swappcars.com" and its subdomains;
Police Report » refers to the document issued by the police to the customer which will be submitted for insurance claim to initiate the repair work of the vehicle;
Insurance Excess » Refers to the fixed amount of money a customer must pay out of pocket when making an insurance claim, before the insurer covers the remaining cost of the claim;
Damage Estimates » An official assessment of the cost to repair a vehicle after it has been damaged. It is usually prepared by a repair workshop, and includes the expected expenses for parts, labor, materials, and taxes required to restore the damage;
Force Collection » refers to the repossession of the rented vehicle when a customer fails to make payment of due rental fees, non-rental charges, or other amounts owed within the specified period and transfer of black points from the vehicle to the users drivers license;
Black Points: refers to the points which needs to be transferred to the users drivers license from the vehicle due to traffic offence.

Unless the context 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 Swapp Representative - 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 or via the Careem super app ("Careem"), where the User's profile will be automatically created based on the information we receive from the social media platform or from Careem (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 their Account. This is unless a security breach is attributable to Swapp, or in case of force majeure.

Accessibility conditions applicable to Customers

The Service is only accessible to and can only be used by registered Users on the Platform, providing such Users fulfill the following conditions:

Acceptance of these Terms is a prerequisite to accessing or using the Service. Furthermore, by completing a vehicle booking, the Customer shall be deemed to have unconditionally accepted and agreed to be bound by Swapp's Terms and Conditions. Moreover, Customer:

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;
Must not display inappropriate or disrespectful behavior towards Swapp Representatives.
Must not engage in any criminal behavior;
Must not use the Platform or the Services in a fraudulent manner;
Must not try to make rental deals directly with Swapp Representatives bypassing Swapp's Platform;
Must not have outstanding debts towards Swapp.

Eligibility conditions applicable to Customers

Must be at least 18 years of age;
Must not be more than 65 years old;
Customers between 18 and 21 years of age may only rent certain specific cars. They have to get in touch with Swapp to be directed to the right ones. In case of accident due to the driver's fault (including hit and run cases), a Customer between 18 and 25 years of age will be liable to pay to Swapp an additional liability amounting up to 20% of the total damage cost caused to the Vehicle by the accident (in addition to the Insurance Excess provided for below);
Must be registered on the Platform under their true identity;
Must provide their true home address; telephone number; and whatsapp number;
Must undergo and successfully complete an identity verification (also known as Know Your Customer or KYC process)
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 12 months, for less than 12 months the customer may still be eligible to rent or subscribe a car, they have to get in touch with Swapp to be directed to the right ones. In case of the driver's license being more recent a copy of the home country license is required. If the Customer is a tourist, a physical copy of the home country's driver's license will be required. The home country's driver's license should be held for at least one year. For tourists, an international driver's permit can also be required according to the current regulations. Non compliance with the above will cause an additional liability up to 20% of total damage cost on the Vehicle in case of accident due to driver's fault (including hit and run) to be charged by Swapp and/or the Swapp Representative on the Customer. Tourist Customers are not allowed to rent Vehicles for periods longer than their UAE visa is valid for;
Must not have defaulted on any payments, or refused any payment, under their obligations pursuant to these Terms;
Must not have been the subject of an ascertained serious complaint from a Swapp Representative or Swapp regarding their behavior (notified in the reviews publicly posted on the Platform, or in the private reviews sent between the Customer and Swapp Representative at the end of a Rental, or in case of complaints sent by a Swapp Representative to Swapp), whether in UAE or in other countries where Swapp or other companies of Swapp group are active;
Must not be medically unfit to drive;
Can use the rented Vehicle only in the UAE, unless otherwise specified;
Must be and remain the main driver of the Vehicle ("Main driver").
Must not allow any person who is not added as a Secondary driver to drive the vehicle. In the event of an accident if the police report is filed by a non-renter the customer will be fully liable for the damage estimates of the vehicle shared by Swapp Representative or Swapp.
Liabilities and obligations towards Swapp and the Swapp Representative 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 Main Driver or Secondary Driver or any third party ("Third Party Damages"). If Swapp is unable to retrieve due sums, including Third Party Damages, from such Main Driver or 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 Swapp Representative and Swapp, as appropriate. For clarification, the Customer, Main Driver, Second Driver, and any other third party identified as a driver of the Vehicle in the Rental Agreement will be liable in solidarity for the Rental Fees, the rental charges, the Non-Rental Charges, and any damages or cost caused to the Vehicle or to Swapp or to the Swapp Representative as a result, directly or indirectly, of the Rental Agreement.

Eligibility conditions applicable to Secondary Drivers. Secondary Drivers are only allowed so long as they:

Meet all the same requirements as the Main driver;
Register as a Customer on the Platform;
Successfully complete the customer verification / KYC process;
Have been approved as secondary drivers for the specified vehicle by Swapp in written notice.
AED 105 Secondary driver charge will apply each month.

Identity Verification

The Customer specifically agrees by the present that all documents and information provided by him on the Platform belong to him or his immediate family. Swapp may reject a booking if found to be made using someone else's profile who is not related to the Customer. The "Know Your Customer" may be used by Swapp to verify the authenticity and prevention of fraud
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.
Repeat Customers are required to resubmit their documents to Swapp with updated Know Your Customer (KYC) documents upon the expiry of any previously submitted documents. Failure to do so may result in delays in booking approval and may necessitate the allocation of a new delivery or self pick-up time slot.
Ideally the verification process takes 10 minutes during working hours, 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 at its sole discretion, including where a prospective customer should fail to complete the identity verification process. The Swapp Representative and Swapp reserves the right to refuse any Customer with poor usage, defaulted payments and safety record from becoming a customer of its respective Vehicles, including entering into Rental Agreements.
The Customer may be required to show his ID and driver's license to the Swapp or Swapp Representatives runner or the counter staff during the Handover process. Failing to do so or any issues with the documents may lead to the abortion of the Handover process. Should this happen, Swapp may charge the Customer a Cancellation fee for 1 day ordinary rental fee which is not pro-rated to the monthly fee, delivery, collection fee and service fee.

Document requirements. In order to be able to rent Vehicles through the Platform, the Customer, will need to provide photo captures of the following:

Front side of his UAE driver's license if resident of UAE;
Back side of his UAE driver's license if resident of UAE;
Front side of his Emirates I.D. card and / or passport;
Back side of his I.D. card and / or passport;
Front side of his home country driver's license and of the International Driving Permit if applicable;
Back side of his home country driver's license and of the International Driving Permit if applicable;
His stamped Visit Visa or Entry Stamp or Boarding Pass if applicable;

Rental process

Booking process

After selecting a city on the Platform where Swapp offers its Services, the Customer can view and browse Vehicles' Listings posted by Swapp Representatives.
Customer 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 Swapp Representative.
The Customer is able to book a Vehicle with a start date of the Booking only (the "Start Date"), then select the return date ("Return Date") at a later stage for Monthly bookings. If the customer opts for a multi month contract they need to fulfill the minimum rental duration to avoid early return penalty, which will be charged automatically if the vehicle is returned prior to the contract duration.
The Customer is able to book a Vehicle with a start date (the "Start Date") of the Booking and the return date ("Return Date") for Daily bookings.
Then Customer can choose between the two handover of the Vehicle's options of (i) Self Pick-Up, or (ii) Door to Door delivery. If the Customer chooses to opt for the Door to Door delivery, then it has to select a delivery location of the Vehicle. The same option selected for handover of the Vehicle shall apply for Handback as well.
If Customer chooses Door to Door delivery then after selecting a Handover address, it has to select a Handback location as well.
In the price breakdown, Customer can see the total deductible amount including add-ons, and after agreeing to Swapp's Terms & Conditions, it can finalize the booking of the Vehicle.
The earliest Start Date the Customer can choose is in 3 hours on the same date up until 17:00 and the latest is 30 calendar days from the moment of the Booking.
The Minimum Booking Period is thirty (30) days for monthly and (1) day for daily.
If the Swapp Representative accepts the Booking request, the Customer is notified by email, text message, or via the Platform and the relevant amount is debited from his or her bank account as described from 93 to 103 of these Terms.
Until the booking is not confirmed Swapp will put a hold on the amount, once the booking is confirmed Swapp will withdraw the amount from the Customer's card.
A solicitation from either the Customer or the Swapp Representative 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 Swapp Representative's Account.
The Booking is considered complete when the payment has been made.
If the Swapp Representative rejects or does not accept the Booking request within 12 hours, the Booking request is considered rejected, and the Customer is notified by email, text message, or via the Platform.
In case of unexpected availability issues of the Swapp Representative or the Vehicle, Swapp reserves the right to provide an alternative vehicle on a temporary or permanent basis or cancel any upcoming Booking without extra compensation except for the full refund of any payment that might have been made by the Customer.

Add-ons. After selecting the Delivery and Return time and location, the Customer may opt for add ons

Comprehensive [Full] Insurance with Super Collision Damage Waiver (SCDW),
Secondary Driver
Extra Kilometers Package
Personal Accident Insurance
Child Seat

Rental Fee calculation

The Customer pays the prorated monthly Rental Fee after the first full month for Monthly Bookings made on the Platform, as long as the Booking is accepted. The rental period is calculated on a 30 day cycle.
The Customer pays a daily Rental Fee for the number of days used for Daily Bookings made on the Platform, as long as the Booking is accepted. The maximum rental period for a Daily rental should not exceed 21 days.
Months shall be construed as 30 days.

Changing the duration of the Booking

Customers can change the duration of their upcoming or active Bookings on the Platform

Customers can change the Return Date of their Bookings 8 hours prior to their actual handback time on the home page of the platform or in the "My rentals" section of the Platform;
The Minimum Rental Period is 30 days for monthly bookings. Any return before the Minimum Rental Period is subject to an Early Return Surcharge calculated on a separate daily or weekly rental fee along with delivery and collection fees as notified by Swapp, if the rental exceeds 21 days then the monthly rental fee will be applicable without a refund;
In case the Customer needs to return the Vehicle sooner than 30 days, he must contact Swapp and a Handover process will be arranged for him to be able to return the Vehicle after the Early Return Surcharge is accepted by the customer.
The Return Date must be notified at least one (1) day in advance. Any return before the 1 day notice will be subject to a surcharge equivalent to the 1 day rental fee.
When changing the duration of a Monthly Booking, the Rental Fee will change as per the new rental period set by the customer.
The additional Rental Fee due for the duration of the Booking added to the initial Booking (the "Extended Duration") payable by the Customer will 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 auto refund the Customer after the vehicle is successfully returned as per the end date of the Booking, if any refund is applicable while shortening the duration of the Rental.
The Customer cannot terminate the Rental Agreement in case the Vehicle has been possessed or repossessed by any local authority by reason of its actions or omissions,major damages without a valid police report, major damages with police report in the name of a non eligible driver and with blocked fines which require the customer to transfer the black points from the vehicle to their driver's license. The termination can be initiated only once all amounts due to Swapp and/or Swapp Representative is settled and the Vehicle has been returned.

Deposit

When booking a Vehicle, a Deposit or a pre-authorization may be applicable, especially in the case of luxury vehicles.
The Customer hereby pledges the deposit to cover any potential extra fees or Rental Fees related to the Booking as described from 303 to 319 of these terms, as well as any Insurance Excess in case the Vehicle is damaged as described from 292 to 302 of these terms or any damage estimates for minor damages if any, or any incurred Traffic Penalty, or any other Non-Rental Charge charged by the Swapp Representative and/or Swapp. Multiple Insurance Excess will be applicable if the user has more than 1 police report for the damages.
The Deposit amount is determined by Swapp and will be communicated with the customer prior to the approval of the booking The Deposit may be charged to the Customer's credit or debit card or collected at the time of handover in the form of pre-authorisation by Swapp or its Swapp Representative at the time of handover of the vehicle. In the case of a pre-authorization, the total amount is blocked on the Customer's debit or credit card.
Once the Booking period ends, Swapp has the right to debit any applicable Rental Fees or Insurance Excess or Traffic Penalty or Non-Rental Charges 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 Rental Fees and Non-Rental Charges and any other fees or charges due to the Swapp Representative, the Customer agrees that Swapp and/or its Swapp Representative 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 Swapp Representatives would be granted credits, coupons, or discounts as per the terms of such campaigns.
These can be used on the Platform to offset the Base 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 Swapp Representative and the Customer will receive a notification by email, text message, or via the Platform (in-app) about the upcoming Handover. This is a personal meeting where the Swapp Representative hands over the booked Vehicle to the Customer, together with its keys, documents, and accessories (if applicable).
Notifications by SMS or via the Platform (in-app) will be sent before the start of the Rental period to keep the Customer informed;
The Swapp team will proactively contact the Swapp Representative to initiate the Handover process; the place of the Handover is determined by the Customer and it is usually the address that the Customer chooses to get the Vehicle delivered at.
If the handover of the vehicle is rescheduled by the customer an additional delivery fee may be applicable.
During the Handover process, the Swapp Representative and the Customer agree to follow steps outlined in all handover subsections.:
Failing to follow the instructions outlined in handover subsections may result in the abortion of the Handover process and in the suspension or ban of the respective User's Account.
The Rental Agreement between the Customer and Swapp Representative comes into effect by accepting Swapp's Terms when booking a Vehicle and by signing the Rental Agreement whether physically or digitally.
The Customer and the Swapp Representative must retain their copies of the signed Handover Form (Vehicle Checklist) and the Swapp Representative must provide the Customer with a copy of the Vehicle's registration documents.
Once the Handover Form(Vehicle Checklist) has been signed physically or digitally 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 Swapp Representative after the Rental, the Customer will be considered as having caused such damage and may incur potential repair costs (as described from 256 to 302 of these Terms).
The Swapp Representative and the Customer acknowledge that they will not enter into a separate agreement that could interfere with or override the Rental Agreement.
If the Customer does not arrive at the Handover meeting within 30 minutes from the pre-agreed time and does not notify Swapp about his delay, an application of Late Arrival Fee of AED 50 per hour may be claimed.
Handing over the keys and accessories (if applicable)
Handing over copies of relevant documents including (i) Vehicle Registration Card Copy (Mulkiya) of the Vehicle; and (ii) Copy of the Rental Agreement and Vehicle Handover Form(Vehicle Checklist) (If digital agreement and checklist is signed, the same will be uploaded in the documents section of the booking).
If the Customer or the Swapp Representative choose to abort the Handover process as per subsections outlined below, they should immediately notify Swapp and a Cancellation Fee may apply as described from 250 to 253 of these Terms

Verification of Customer and Swapp Representative during handover. The Customer has the right to check:

The identity of the Swapp Representative;
The Vehicle's registration and its license plates;
The condition of the Vehicle;
The safety equipment required by law.

The Swapp Representative have the right to check:

The validity of the Customer's ID;
The validity of the Customer's driving license;
That the Customer matches the picture on his ID card and driver license;
That the Customer meets all the requirements to rent the Vehicle as per applicable laws and regulations;
That the Customer has held the driving license for the minimum period required as per these Terms.

The Handover will be aborted and Swapp immediately informed if:

The Customer fails any of the checks above;
The person wishing to take possession of the Vehicle is not the Customer;
The Customer provides a driving license that does not authorize him/her to drive in the country where the Vehicle is registered.

Inspection of the Vehicle during handover.

During the Handover, the Swapp Representative and the Customer check the exterior and the interior of the Vehicle. They review its general condition and look for potential damages, scratches, etc.

Photo documentation during the handover.

The Customers are encouraged to take additional photos of any damages, scratches or other, visually noticeable irregularities on the Vehicle.
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 as per the Handover Form (Vehicle Checklist) signed by the user at the time of handover.
The Customer is advised to keep these photos for at least 45 days after the end of the Rental period.

Adding further notes on Handover.

The Swapp Representative documents the mileage, fuel level, and other descriptive notes about the Vehicle (e.g., issues with cleanliness, special accessory installed, etc.), on the Handover Form (Vehicle Checklist).

Signing the Handover Form

Once the above steps have been successfully completed, the Swapp Representative and the Customer sign the Handover Form (Vehicle Checklist) Physical and/ or digital;
This is a standardized document that includes information about the Swapp Representative, the Customer, and the Vehicle;
The orderly filling in and signing of this document marks the successful completion of the Handover process. Accordingly, the parties are asked to exercise due care and seriousness when completing it.

Aborting the Handover process by the Customer. The Customer can refuse to proceed with the Handover if:

The Vehicle is different from the one advertised in the Listing on Swapp or Similar Vehicle agreed with Swapp and/or Swapp Representative;
The Vehicle is dirty, or faulty or presents moderate or severe damage (N.B.: Minor Damages: Scratches, scrapes, dings, and cracked headlights or minor fractures in the windshield of small size. Moderate Damage: visible and larger dents, crack or fractures. Severe Damage: impact or collision related damages where the body and frame are cracked and bent);
The Swapp Representative's behavior is grossly inappropriate (violent, harassing, threatening, etc);
The Swapp Representative cannot properly identify themselves and prove the right to rent out the Vehicle;
The Customer suspects a serious risk of fraud or crime associated with the attempted Rental;
The Swapp Representative is a no-show for more than 1 hour after the delivery window, save where agreed otherwise.

Aborting the Handover process by the Swapp Representative. The Swapp Representative can refuse to hand over the Vehicle to the Customer if:

The Customer is under alcohol or drug influence;
The Customer's behavior is grossly inappropriate (violent, harassing, threatening, etc);
The Swapp Representative suspects serious risk of fraud or crime associated with the attempted Rental;
The Customer is a no-show for more than 1 hour after the pre agreed meeting time, save where agreed otherwise.

During the Rental

Swapp offers Customers certain information and support necessary for a good rental experience. This information is available via the Home page of an active booking or My rentals page on the Platform.

Breakdown of the vehicle.

In case the Vehicle breaks down, the Customer should contact the Roadside Assistance service arranged by Swapp (As described from 177 to 179 of these terms) and must contact Swapp as well.
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 replacement vehicle of similar category.
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.
If the Customer caused the breakdown, he will receive a replacement vehicle and will be charged for at least the Insurance Excess (provided a valid police report is shared) or the full cost of repair is successfully charged to the customer.
Where the breakdown of the Vehicle was caused by the Customer's conducting a Prohibited Usage of the Vehicle, the Customer will not be entitled to a replacement vehicle, and will bear the full cost of repair as prohibited usage is not covered by insurance, and Swapp or the Swapp Representative may, at their sole discretion, terminate the Rental Agreement once all the dues are settled by the customer.
In case of a breakdown of the Vehicle, Roadside Assistance will support the Customer, with certain limitations.(As described from 177 to 179 of these terms)
The Customer is not allowed to perform unauthorized third party repairs or carry out modifications on the vehicle (including but not limited to application of film, advertisement stickers, fixing of tow hooks).

Reporting an incident or problem.

The Customer agrees to immediately report to Swapp and the police (if applicable) for any problems, breakdowns or damage related to the Vehicle.
Swapp will report to its Representative any problems or damages related to the Vehicle caused by the Customer during the Rental. In such a case, the Customer must obtain a valid police report and will be liable for the insurance excess which would be communicated and charged to their card on file.
In case of accident or Own Damage (being an accident or damage caused to the Vehicle without the involvement of a third party) of the Vehicle in the course of the Rental Agreement, the Customer must provide a valid and original police report to Swapp. An Insurance excess charge will be applicable for such cases
A replacement vehicle will be provided to the Customer in case of accident or Own Damage, after receiving the valid police report from the Customer. The replacement vehicle will be of similar category to the Vehicle, which doesn't necessarily mean same year, make or model, rented by the Customer. Failure to provide such a Vehicle after seven (7) days of replacement will result in a credit note from the Swapp Representative being due towards the Customer for all the days the Customer was not provided a replacement vehicle of similar category to the Vehicle. The Customer will still be liable to make payment of the Rental Fee until the replacement vehicle is provided, and for as long as the Rental continues either with the Vehicle or with a replacement vehicle.
Swapp and the Swapp Representative may request the customer to replace back the replacement vehicle with the original vehicle, in such cases the user must schedule a replacement within 48 hours, failure to schedule for such replacements may result in customer being liable for the rental charges of both the vehicles for the duration the vehicle was not replaced.
Where the accident, Own Damage, or damage to the Vehicle was caused by the Customer's conducting a Prohibited Usage of the Vehicle, the Customer will not be entitled to a replacement vehicle, and will be charged the full cost of repair, and Swapp or the Swapp Representative may, at their sole discretion, terminate the Rental Agreement once all the dues are settled by the customer.
In the case where the Vehicle is a total loss, the Swapp Representative shall not be liable to provide the Customer with a replacement vehicle until and unless the final Police Report has been provided by the Customer. Up until the moment where the final Police report is provided to Swapp or the Swapp Representative, the Customer shall still be liable to make payments of the Rental fee. Should the total loss of the Vehicle be caused by the Customer's conducting a Prohibited Usage of the Vehicle, the Customer will not be entitled to a replacement vehicle and will be held liable for the total cost of damages including government fees such as impounding charges, traffic fines, towing charges and damages to public property. Swapp or the Swapp Representative may, at their sole discretion, terminate the Rental Agreement once all the dues are settled by the customer.
If the Vehicle is handed over for repair or maintenance, the Swapp Representative and the Customer must fill out the "Handover / handback for repair and maintenance" form recording the condition and any damage to the Vehicle at the time of handover / handback. In this context, it should be noted that the Vehicle must be clean when it is handed over, so that the Swapp Representative can make sure during the handover and inspection of the Vehicle that all the damages are clearly visible. If the Customer neglects this part and hands over the Vehicle dirty, the Customer expressly agrees that Swapp or the Swapp Representative may charge the Customer for any damage discovered after the Vehicle has been handed over and cleaned.
All damages, defects, or accidents involving the Vehicle must be reported immediately to Swapp or its authorized representatives. The Customer shall not, under any circumstances, arrange or attempt any repairs, modifications, or inspections through a third-party workshop or service provider
Any unauthorized repair or repair attempt shall constitute a material breach of this Agreement and may result in the voiding of the Vehicle's warranty. In such cases, the Customer shall be fully liable for all resulting costs, including the full cost of the vehicle.

Minor incidents. 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 Swapp Representative must provide a satisfactory solution to it within 3 working days.

This solution can involve a pickup of the Vehicle by the Swapp Representative from the Customer, at the Customer's convenience, but during business hours.
The Swapp Representative should do everything in his power to replace the Vehicle to the Customer on the same day when it was handed over to him for maintenance.
Should the Swapp Representative be unable to do this, the Customer can choose from the following options (i) Accept a replacement Vehicle from the Swapp Representative for the given period. The replacement Vehicle shall be of the same category as the Vehicle under maintenance or repair; (ii) If the replacement Vehicle is not in the same category, then request a prorated refund for the days the Vehicle after the third day from receiving the replacement Vehicle, then continue using the Vehicle once it was returned to him; (iii) If the replacement Vehicle is not available, then request a cancellation of the Booking on the day the Vehicle is handed over to the Swapp Representative and receive a prorated refund.

Roadside assistance

Roadside Assistance is available to all Customers who rent a Vehicle via the Platform.
Roadside Assistance service covers the following aspects, with certain limitations and provided that certain conditions are met: (i) Towing, (ii) Battery booster, (iii) Battery replacement, (iv) Vehicle repatriation, and (v) Important, tyre and window damages are not covered by the Roadside Assistance or insurance, the cost has to be paid by the Customer
The Customer can find the phone number of the Roadside Assistance (i) On the Homepage of the platform, (ii) On the Rental Agreement signed at Handover and placed in the Vehicle; and (iii) By contacting Swapp.

Scheduled maintenance

The Swapp Representative reserves the right to call back any booked Vehicle for a scheduled maintenance.
At the handover, the next service due will be indicated to the Customer the specific maintenance scheduling of the Vehicle (meaning at what mileage should the vehicle be returned for maintenance) a sticker will be displayed on the vehicle to notify this. Swapp may also notify of upcoming maintenance to the Customer via messaging channel on the Platform via email or phone (if applicable).
It is the Customer's responsibility to ensure that oil, water, or other fluid levels and tyre pressures of the Vehicle are regularly checked and kept at the levels specified in the Service Schedule.

In the event of notice of Scheduled maintenance. When the Customer receives notice of a Scheduled maintenance, the Customer agrees to accommodate the Swapp Representative's request. In case the Customer agrees to accommodate the Swapp Representative's request,

The Customer should enable the Swapp Representative to pick up the Vehicle and drop it off once the maintenance is done;
A replacement vehicle may be provided to the Customer if the maintenance is to be scheduled at the Swapp Representatives workshop. The replacement vehicle will be of similar category, this does not necessarily mean that the same features of the vehicle will be available as the service generally does not exceed 3 working days, unless there is a mechanical issue identified during the time of service which will be duly notified to the customer.
A permanent replacement vehicle may also be provided to the Customer, this vehicle may be similar or same category hired by the Customer depending on the inventory available.
If the Customer does not provide the Vehicle to the Swapp Representative at the Scheduled maintenance, which would result in damage to the engine of the vehicle will be the borne by the customer and Swapp and the Swapp Representative reserve the right to collect the vehicle from the Customer without any refund on the paid rental duration

Fines and violations

During the Rental of the Vehicle, the Customer is fully liable for any infractions or violations of traffic laws, black points and 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, including any cost and fines related to impoundment of the vehicle. The Swapp Representative will therefore charge the Customer all levied penalties or fines associated with the Vehicle during the Rental period. For clarity, in case of penalty or fine including a smart impound / impound of the Vehicle, the Customer may not opt for the smart impound or impound of the Vehicle, and must pay the entirety of the fine and impound fees to prevent the impound or smart impound of the Vehicle.
The Swapp Representative will charge the Customer a Traffic Fine Handling Fee of 10% of the total amount of the fine or a minimum of 35 AED for each fine or penalty.
The Swapp Representative will charge the Customer a Parking Fine Handling Fee of 15% of the total amount of the fine.
Some fines in the UAE are non-payable until the black points are transferred from the vehicle to the customer's drivers license, these fines may include impounding charges in addition to the traffic fine itself. It is the customer's responsibility to visit the respective traffic department depending where the fine has occurred and transfer the black points to their drivers license and clear the charges. The customer is also responsible to share the receipt of such transfers to Swapp. If the Customer does not transfer the black points in 48 hours from the time of such notification, Swapp and the Swapp Representative reserves the right to immobilise the vehicle and collect the vehicle without any refund if any applicable or charge additionally until the vehicle is collected. If the vehicle is collected with a spare key the customer will be charged additionally for the same. If the Customer is a non resident they may request the transfer to be done on behalf of them. For each black point the customer will be charged an amount of 150 AED. Apart from the fine cost, customers will also be charged an additional 150 AED service fee for facilitating this transfer.

Early Return Request

The Swapp Representative must give at least 15 days' notice to the Customer in case of an Early Return Request (being the case where the Swapp and its Representative requests the Customer to return the Vehicle prior to the end of the Rental).
In case of an Early Return Request, the Rental Fee paid or payable by the Customer will be adjusted pro rata to the period where the Vehicle was in possession of the Customer, and the Customer's refund will be processed as soon as the vehicle is returned back. Swapp and its Representatives may offer an alternative vehicle should the user request to complete their rental duration. This vehicle does not necessarily have to be the same or similar category.

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. Swapp shall forward this information to the Swapp Representative.
Based on this information Swapp confirms whether the Customer exceeded the monthly kilometer limit 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 described from 328 to 332 of these terms).
To report the mileage, the Customer is required to take a photograph of the Vehicle's odometer at any point in the last five (5) days of every monthly billing cycle and send it to Swapp by the end of the monthly billing cycle. For the sake of clarity, if a customer booked a car starting on January 20th, he shall provide the odometer reading between February 15th and 19th.

Registration Renewal & Tyre Maintenance / Replacement

During the rental period, a vehicle can be due for registration renewal.
In the event of a registration renewal, the Swapp Representative will provide the Customer with a replacement vehicle of similar category, not necessarily same year, model or make features if the vehicle will be replaced back to the Customer. If a permanent replacement is provided the Swapp Representative will make its best effort to replace the vehicle with a same category vehicle or higher. The Customer must provide the vehicle for registration renewal within 48 hours from the time of such notification. If the customer fails to do so, any fines related to non renewal of the vehicle will be borne by the customer.
The Swapp Representative will pick up and drop off the car at the selected location by the Customer at no extra charge.
During the rental period, a vehicle can be due for tyre maintenance or replacement. In this event, the Customer shall make the Vehicle available to the Swapp Representative for the tyre maintenance and/or replacement to be carried out within 48 hours from the time of such notification. The Swapp Representative will provide the Customer with a replacement vehicle of similar category. If a permanent replacement is provided, the Swapp Representative will make its best effort to replace the vehicle with a same category vehicle.

Extension of the Rental period

If the Customer wants to set a new return date, he can change the Return Date on the "Home Page" of the Platform.
The Minimum Booking Period for Monthly rentals is 30 days. After the Minimum Booking Period, the Customer can return the Vehicle after giving a notice period of at least 1 day. Should the Customer want to return the Vehicle without a notice period, he must contact Swapp and a Handover will be arranged for him. In such a case, a 1 day rental fee will be charged.
If the Customer wants to extend the Booking after having set the Return Date and provided the Vehicle is available for the desired time period, he can request the extension on the "Home Page" of the Platform no later than 8 hours prior to their actual handback time. The extension will be auto-approved by the Swapp system.
The Swapp Representative will receive a confirmation 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 the newly set Return Date, the Customer might be entitled to a partial refund after returning the vehicle 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 point are explained from 93 to 95 of these terms.
Following the auto-approval and the successful charge (if applicable), 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.
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 daily rental fee until the vehicle is returned, and potentially filing a missing vehicle report with the police as well as taking legal action against the Customer.

Handback

Notwithstanding any applicable provision above, the Customer must return the Vehicle to the Swapp Representative 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 Swapp Representative, together with its keys and accessories (if applicable). The Customer should ensure all personal belongings are removed from the vehicle before handing it over to Swapp's representative. Swapp will not be responsible for any lost items reported after the vehicle is returned. If Swapp finds any belongings left behind, this will be notified to the user and will be stored only for 14 days and will be discarded after this period
During the Handback process, the Customer and the Swapp Representative agree to follow all steps outlined below.
Both the Customer and the Swapp Representative must retain their digital or physical copies of the signed Handover Form.
If the Customer does not handback the vehicle in person, they irrevocably agree to be held liable for all the new damages identified, fines and any other costs related to not collecting the vehicle on time.

General steps of Handback

Swapp will notify the Customer within the app or with SMS/ Notification or a Phone Call before the Return Date.
The place and time of vehicle handback shall be determined by the Customer and shall generally be the address selected by the Customer for vehicle collection. Handback of the Vehicle at any airport within the UAE is strictly prohibited.
In the event the Vehicle is parked or left at an airport, the Customer shall remain fully responsible for all collection charges, parking fees, parking fines, and any related costs incurred until the Vehicle is successfully collected by Swapp or its authorized representative.
Where the handback is scheduled in an emirate different from the emirate in which the Vehicle was originally delivered, any additional collection or transfer costs, as determined by Swapp, shall be borne by the Customer.
If the Customer fails to return the car in the selected time slot by more than 30 minutes an extra day will be charged.

Inspection of the Vehicle during Handback.

The Customer and the Swapp Representative check the exterior and interior of the Vehicle. They review its general condition and look for potential damages, scratches, etc.
The Vehicle must be clean when it is returned. This allows the Swapp Representative to make sure during the inspection of the Vehicle that all the damages are clearly visible. If the Customer neglects this part and returns the Vehicle dirty, the Customer irrevocably agrees that Swapp or the Swapp Representative may charge the Customer for any damage discovered after the Vehicle has been returned and cleaned.
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 traveling on muddy roads, etc.
In case of failing to return a clean Vehicle, the Customer shall pay compensation to the Swapp Representative as described from section 342 to 353.
Damages underneath the vehicle may not be accessible at the time of collection. Swapp Representative will conduct a full inspection at its workshop. Should any new damages be identified during this inspection, Swapp will notify the customer to provide a police report for the same within 48 hours. Should the Customer not provide a valid police report, the customer irrevocably agrees to bear the cost of such damages.

Photo documentation on Handback.

The Swapp appointed runner or Swapp Representative will take note of the Vehicle's interior and exterior, and of the Vehicle's odometer on the Handback Form (Vehicle Checklist). Additionally, the Customer and the Swapp Representative are encouraged to take photos of odometer, damages, scratches or other, visually noticeable irregularities on the Vehicle.
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.
The pictures will be used to check the kilometer run by the Vehicle and to coordinate the calculation of any applicable extra miles charge with the Swapp Representative. When it comes to all other photos, both the Customer and the Swapp Representative are advised to keep them for at least 60 days after the end of the Rental period.

Adding further notes on Handback.

The Swapp Representative documents the mileage, fuel level, and other descriptive notes about the Vehicle (e.g., issues with cleanliness, special accessory returned, etc.). The Customer is advised to review the notes by the Swapp Representative.

Returning the keys and accessories to the Swapp Representative

The Customer will ensure to return the keys and accessories to the Swapp Representative at the Handback. If the key or any accessories are missing at the time of Handback the customer irrevocably agrees to bear the cost of the same.
Original Vehicle Registration Card charges in case of loss or damage will be AED 1500+VAT.

Raising a claim by Swapp Representative.

Should the Swapp Representative notice any damages, scratches or problems with the Vehicle, they should notify the Customer immediately.
The Swapp Representative should notify the Customer at the Handback about any claim that he intends to report.
He should also include any evidence (e.g., photos, acknowledgement from customer) to illustrate the issue and prove the case.

Signing the Handback Form

Once the above steps have been successfully completed, the Customer and the Swapp Representative sign the Handback Form (Vehicle Checklist).
This is a standardized document that includes information about the Swapp Representative, the Customer, and the Vehicle.
The Swapp Representative will bring two (2) hard copies of this document to the Handback meeting or get it signed by the customer digitally which will be duly shared with the Customer under my rentals documents section.
If the Swapp Representative is going to raise a claim, he should mention that in the relevant section of the Handback document. The Customer should either acknowledge or dispute his responsibility regarding this claim via the Swapp Platform or Support Channels.
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 Swapp Representative are asked to exercise due care and seriousness when completing it.

Invoices

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.

For the customer.

Swapp will issue an invoice to the Customer immediately after charging the Customer, for the Rental transaction through the Platform. The invoice will be made in English.
Swapp will invoice the Customer for other Non-Rental Charges and fines no later than 60 calendar days from their occurrence on behalf of the Swapp Representative.
Notwithstanding the above, the Customer shall remain fully liable for the payment of any traffic fines invoiced beyond sixty (60) days where such fines are blocked or delayed due to the Customer's unavailability or failure to cooperate in transferring black points to their driving license, or due to late notification of such fines by any emirate within the UAE. Swapp shall provide valid supporting documentation evidencing such fines.
The Customer will receive this invoice through the Platform; Customer hereby irrevocably accepts to pay any such fines or Non-Rental Charges.
On the invoice, Swapp 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 Platform.
When it comes to Rental services and other fees and charges related to the Rental, the transactions happen between Customer and Swapp Representative. The related invoices are therefore issued by Swapp on behalf of the Swapp Representative who is the service provider. The Swapp Representative and Customer acknowledge and agree that Swapp is not a party to those transactions.

Contacting Swapp

Customers can contact Swapp any time before, during, or after the Rental period. Customers can send emails to hello.dubai@joinswapp.com
Customers can contact Swapp using the Support function in the bottom left corner of the Platform.

Cancellation of a Booking

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

The Customer can initiate the cancellation on the Platform in the "My Rentals" 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 24 hours away. If the Customer cancels afterwards, he will be charged a Cancellation Fee of 1 day daily rental fee for a Monthly or a Daily bookings.
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.
If the Customer opts for a multi month contract for a monthly booking and returns the vehicle prior to the completion of the duration opted, they will be liable for an early termination fee described at the time of making the booking which is automatically charged when the vehicle is returned.

Cancellation fees with respect to handover abortion. If the Customer aborts the Handover, he does not have to pay a Cancellation Fee if:

The Handover was aborted for reasons described from 147 to 152 of these Terms;
The Customer immediately notified Swapp about the incident;
Swapp finds the Customer's reasoning legitimate.
If the Customer aborts the Handover for other reasons and / or does not follow the steps as described from 113 to 126 of these terms, he will have to pay a Cancellation Fee as per section 247.

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. 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 Swapp Representatives and not Swapp who insure the Vehicles available on the Platform.
In case the insurance does not fully 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 for such remainder costs and expenses.

Rules applicable to damages

If the Customer is not responsible for the damage and a third party is involved, he must immediately notify the police and obtain a valid police report. The damage is directly managed between the Swapp Representative's insurance company and the third party's insurance company in order to indemnify the Swapp Representative. In such cases the Customer will not be liable for any damages indicated on the police report.
If a Customer damages a vehicle and a third party is not involved, he must immediately notify the police and obtain a valid police report. The damage is managed by the Swapp Representative's insurance company alone since there is no third party involved and the customer will be liable for the Insurance Excess of the vehicle for the damages indicated on the police report.
If the Customer is responsible for the damage and that type of incident is covered by the Swapp Representative's insurance policy the Customer pays the value of the damage equivalent to the amount of the Insurance Excess of the vehicle (as defined from section 290 to 300 of these terms). That way, the Swapp Representative is covered for any damage caused by the Customers, and the Customers are enabled to pay a fixed amount if they are held liable for the damage.
If the Customer is responsible for a damage to the Vehicle that is not covered by the Swapp Representative's insurance (e.g., he disassembles and steals parts or components of the Vehicle) and proven by expert report commissioned by the Swapp Representative, the Customer is liable for all repair cost, and no Insurance Excess will be applicable (As described from 266 to 283 of these terms).
As per UAE laws, an accident Vehicle is not to be removed from the place of accident unless police have inspected the Vehicle and issued an accident report. The Customer may be held liable to pay the cost of transporting the accident vehicle to the workshop or police yard in the concerned Emirate.
If during the Handback, the Swapp Representative identifies that the Vehicle has been damaged during the rental period and the Customer does not possess a valid police report, the Customer will be liable to pay the Rental fee for any extra days until such a report is submitted by the customer.
If the Customer is not on the police report and is identified to be a person who the customer has allowed to drive without adding them as a secondary driver including a driver who does not possess the necessary documents as per the UAE law to drive the vehicle. The entire cost of repairs including the total cost of the vehicle in an event of a vehicle deemed to be a total loss will be irrevocably borne by the customer. The rental amount will be charged to the customer until the entire amount has been settled with Swapp or its Swapp Representatives
Flat Tyre(s)/ Punctures and damaged tyre(s) due to negligence of the customer where a third party is not involved. It's the Customers responsibility to fix the punctures at their own cost and if the puncture or the damage cannot be fixed, the Customer will be responsible for the replacement cost of the tyre(s).

Exclusion from the insurance coverage

The Handover Form (Vehicle Checklist) must be completed and signed by both the Customer and Swapp Representative when the Vehicle keys are handed over to the Customer. If this is not the case, the insurance coverage may not apply.
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.
Failure to respect any of these Terms may result in the insurance company considering the Insurance coverage as being forfeited, as provided by the insurance policy terms.
In case the damages have occurred outside of the geographical scope established under the insurance policy, the insurance coverage will not apply.

Further exclusions. The insurance coverage will not apply, in all cases where the applicable insurance policy provides so, as specified by the insurance company, including but not limited to, without limitation, if

The Vehicle was driven by the Customer who does not fully meet the eligibility requirements set out between section 29 to 34 of these terms
The Vehicle was driven by the Secondary Driver who does not fully meet the eligibility requirements set out between section 29 to 34 of these terms
The Vehicle was driven by an individual other than the Customer or the Secondary Driver
The Customer used the Vehicle for providing taxi, private hire, any other commercial transport or delivery services
The Customer used the Vehicle for racing, or drove the vehicle through waterlogged areas
The Customer used the Vehicle for preparation for or commission of illegal activities with intent
The damage was caused by another vehicle driven by the Customer, his family member or a member of his household
The Vehicle was used to transport a greater number of persons than permitted by the motor vehicle regulations
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, offroading, etc.
The Customer overloaded or exceeded the number of passengers for which the Vehicle is licensed and as mentioned in the registration card
The Customer runs the engine idle which results in an engine failure
The Customer sub-let or gave possession of the vehicle to a third party or used it for illegal, criminal or any purpose other than for those the vehicle is intended for. The Customer is not allowed to sub-let the Vehicle in any circumstances
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.
If the identity of the Customer, the Start and Return Dates, and times of the Rental do not correspond to the information provided by the Customer on the Platform.

The above situations will be referred to as "Prohibited Usages", and each as a "Prohibited Usage" in these Terms.

Exercising the Insurance in case of damage

Both the Swapp Representative and Customer authorize 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 Swapp Representative within 24 hours. The Customer must also notify the police immediately.
If any individual is injured or if the matter constitutes a risk, the police and emergency services must be notified immediately.
Swapp may ask the Swapp Representative to deal directly with the Customer to manage the claim.
The Rental of a Vehicle will cause normal wear and tear. This is not covered by the Insurance.

Insurance Excess

In case where the insurance coverage is applicable, the "Insurance Excess" is the fixed amount 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, to the extent of damages identified in the police report. To claim the Insurance Excess a valid police report is mandatory. If the police report does not cover all damages, it is the Customers responsibility to amend the report within 24 hours and share with Swapp. Failure to do so will result in damage estimates for the unmarked damages will be borne by the customer
This means that if the value of the damage is higher than the Insurance Excess, only the amount of the Insurance Excess can be charged from the Customer's registered credit or debit card.
The amount of the Insurance Excess for Vehicles rented through the Platform is indicated separately for each Vehicle on the Platform. Different excess levels are applied for Customers depending on the car type being driven.
The Insurance Excess applies to damages to the exterior of the Vehicle, not to the interior.
In case of damage, a Handling Fee is also charged to the Customer. For more details on this see section 354.
Any amount collected as Insurance Excess related to an insurance incident is paid to the Swapp Representative in full.
By using the Platform, Customers acknowledge and agree that: (i) The Customer firmly and irrevocably undertakes to pay the amount of the Insurance Excess due upon the Swapp Representative's request, with no objections or exceptions, (ii) Insurance Excess claims are directly routed to the insurer by the Swapp Representative and no breakdown of such damages or estimates will be provided to the customer, and (iii) Swapp reserves the right to investigate any insurance case further. Should the result of the investigation indicate a suspicion of fraud.
A Super Collision and Damage Waiver (SCDW) can be requested by the Customer and is subject to availability for the selected vehicle.
A Super Collision and Damage Waiver (SCDW) can be claimed only by the Customer who is registered as Main Driver and Secondary driver on their active booking. A valid police report is mandatory to claim this waiver.
Customers below the age of 25 can rent Vehicles following approval by the Swapp Representatives. In this case, and unless indicated otherwise by the Swapp Representative, a total fee of 10% of the damages will be charged in addition to the Insurance Excess, to the Customer in case of accident.
Swapp is in no way liable for any loss in respect to any property left, stored, loaded or transported in, upon or by the Vehicle including vehicles which are forcefully repossessed.

Payment authorization, pre-authorization, and administration

Payment authorization

The Customer hereby authorizes Swapp, subject to applicable laws of the UAE, to store the card details for 90 days and to charge, collect, and recover using the payment method provided by the Customer, directly or on behalf of the Swapp Representative, any amounts that are due and payable under this Agreement. Such amounts include, but are not limited to, the initial and recurring rental fees, security deposit adjustments or set-off (if applicable), premature termination of a multi month contract, insurance excess, damage charges supported by inspection reports or other reasonable evidence, traffic fines, handling fees, late payment fees, excess mileage charges, impounding charges, parking charges, recovery or repossession costs where applicable, and any other clearly identified charges arising from the Customer's use of the vehicle or services under this Agreement. Where reasonably practicable, Swapp shall notify the Customer of the nature and amount of any such charge prior to processing the deduction.
Swapp uses CPay and Checkout as payment service provider to bank the sums collected via the Platform.
Once the Booking is confirmed by the Swapp Representative, (i) The full monthly Rental Fee for the first 30 days of booking is charged to the Customer's card immediately. Until the booking is not confirmed Swapp will put a hold on the amount and will only withdraw it once the booking is confirmed. As for the Rental Fee applicable for the next 30 days, that will be charged two (2) days prior to the renewal date. (ii) In case the Customer shortens a monthly booking period after 30 days, he is eligible for a prorated refund after successfully returning the vehicle. Swapp reserves the right to settle any non rentals due by the customer which includes fines, toll charges, damages and extra miles before initiating the refund.
During a Rental, if a payment is declined regardless of the amount, the Vehicle can be immobilized and repossessed by the Swapp Representative, unless the declined payment is settled within 24 hours from the date where the payment was declined. The payments mentioned in this section include the Rental Fees and the Non-Rental Charges.
The Customer agrees that, should it owe any amount to the Swapp Representative, any payment made by the Customer will always be considered towards paying the outstanding Non-Rental Charges first.

Late Payment Fee

Payments are due by the Customer as soon as the payment request is made by Swapp, and must be paid within 24 hours. After the charge is created an invoice is automatically generated and will be available in the Customers Payments Summary under their booking.
Any late payment beyond 24 hours will result in a late payment fee of 50 AED per day until the outstanding payment has been cleared.

Forcefully repossession or Force Collection

If the Customer fails to make the payments towards rental and non rental requests, including transfer of black points from the vehicle to the customer's driver's license, incurring multiple fines and accidents, the Customer shall handback the vehicle immediately upon Swapp's request. If the Customer does not comply, the Customer irrevocably authorises Swapp, Swapp appointed agents and Swapp Representatives, subject to applicable laws of the UAE, to repossess the vehicle from the Customer and indemnifies Swapp, Swapp appointed agents and Swapp Representatives for any belonging left behind in the vehicle, provided that Swapp shall exercise reasonable care in handling any such belongings.
In the event of repossession of the vehicle in accordance with this Clause, the Customer irrevocably agrees to pay all amounts due and payable under this Agreement, including the Spare Key Charges, Damages, Toll charges, fines, government related fees and rental fees until the vehicle is collected and the contract is closed. Swapp will share the relevant invoices for these charges.
Swapp will also charge a fee of 1575 AED as Force Collection charges in the event the vehicle is repossessed in accordance with this Clause, representing reasonable administrative and recovery costs incurred, subject to applicable laws of the UAE.

Debt Collection

Swapp and/or the Swapp Representative is entitled to employ outside debt collection agencies and/or institutions and/or lawyers to collect any unpaid sum the Customer owes under an unpaid payment request or invoice, or to enforce any of Swapp or the Swapp Representative's rights against the Customer. The Customer consents to Swapp's disclosure of all such information and personal data relating to the Customer to such debt collection agency and/or institution and/or lawyers as necessary for this purpose.
The Customer is liable to pay and reimburse Swapp on demand for all costs and expenses reasonably incurred by Swapp, directly or indirectly, (a) in demanding, collecting or attempting to collect, or suing to recover any sum owing to Swapp or to the Swapp Representative under this Agreement, (b) in seeking any remedy for any breach of this Agreement, and/or (c) otherwise in enforcing or attempting to enforce this Agreement, including without limitation the costs and expenses of debt collection agency and/or institution and all legal fees and disbursement including any court costs awarded against Swapp or the Swapp Representative.
The Customer further agrees that, upon Swapp employing a debt collection agency and/or institution and/or lawyers to collect any unpaid sum the Customer owes under an unpaid payment request or invoice, or to enforce any of Swapp or the Swapp Representative's rights against the Customer, the Customer shall reimburse Swapp for all reasonable third-party debt recovery costs, legal fees, collection agency charges, court fees, enforcement expenses, and related disbursements actually incurred by Swapp in connection with such recovery or enforcement, subject to applicable laws of the UAE.

Penalty Clause

In case of a material breach by the Customer of any provision of this Agreement, the Customer will be liable to pay to Swapp without the need to prior notice, a pre-agreed upon lump sum equal to AED 20,000 (Twenty Thousand United Arab Emirates Dirhams) as liquidated damages.
The Parties expressly acknowledge and agree that this amount represents a genuine and reasonable pre-estimate of the damages, administrative costs, reputational harm, recovery expenses, operational disruption, and potential legal exposure that may be suffered by Swapp as a result of such breach.
This clause is agreed in accordance with the applicable provisions of the UAE Civil Code. The competent court or tribunal shall retain the discretion to adjust the agreed compensation to reflect the actual damage suffered, in accordance with applicable law.
The foregoing shall not prejudice Swapp's right to claim additional compensation to the extent that the actual damage proven exceeds the agreed amount.

Refunds, Cancellations and Security Deposit

By expressly regulating cancellations, early termination, breach scenarios, deposit deductions, refund timelines, and Swapp's right of set-off, this proposed clause reduces dispute exposure and evidentiary uncertainty. It also protects Swapp commercially by allowing lawful deduction of fines, tolls, damages, and administrative costs while demonstrating procedural fairness through defined timelines and objective triggers. Overall, the clause strengthens enforceability, improves compliance, and minimizes litigation risk without overburdening the operational model.

Cancellation before vehicle handover.

If the Customer cancels a confirmed booking prior to vehicle handover, Swapp may deduct any non-refundable booking or administrative fee expressly disclosed at the time of booking. Any remaining prepaid rental amount shall be refunded to the original payment method within fourteen (14) business days.

Early termination by customer.

If the Customer terminates the Rental before the agreed rental period expires, Swapp reserves the right to charge the applicable early termination fee or to recalculate the rental at the applicable short-term rate, as disclosed at the time of booking. Any remaining balance, after deduction of all outstanding amounts, shall be refunded in accordance with Clause 318.

Termination due to customer breach.

No refund shall be due where the Rental is terminated due to the Customer's breach of these Terms, including non-payment, misuse of the Vehicle, or violation of applicable laws, without prejudice to Swapp's right to recover additional damages.

Security deposit.

Where a security deposit is collected, Swapp may deduct from the deposit any unpaid rental fees, fines, Salik/toll charges, damages, administrative fees, or other amounts due under this Agreement. The remaining balance (if any) shall be refunded within thirty (30) days from the date the Rental is closed, subject to pending traffic fines or government notifications.

Method of refund.

Refunds (if applicable) shall be processed using the original payment method unless otherwise agreed or where such method is unavailable. Swapp shall not be responsible for delays caused by banks, payment processors, or governmental authorities.

Set-off right.

Swapp reserves the right to set off any refund due against any outstanding amounts owed by the Customer under this Agreement.

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 to the Swapp Representative the relevant fees and charges for renting Vehicles from the Swapp Representative.

Swapp Representative payout, payment adjustment and compensation

Swapp collects the Rental Fee from the Customer as described from 301 to 317 of these terms and collects any potential adjustment and compensation at its discretion.

Payment adjustments

Extra Miles Charges

At the end of each monthly billing cycle (as described.), the Customer shares the mileage of the car with Swapp, Swapp reserves the right to charge for additional kilometers driven over and above the limit provided on a monthly basis on a pre-agreed price showcased on the platform at the time of booking. Also, at the end of the Rental period, the Swapp appointed runner or the Swapp Representative carry out a final mileage check with the Customer (as described from 194 to 196 of these terms) and Swapp reserves the right to charge the final adjustments on extra kilometers to the customer.
The Rental Fee will include a kilometer allowance per month for a monthly and daily booking, depending on the terms of the rental agreed upon between the Swapp, Swapp Representative and the Customer. The included kilometer allowance is indicated in the car details page at the time of booking.
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 at the time of booking.
The allowance is prorated to the number of days of the Rental within the given month regardless of the duration of the Rental.
The Extra Mileage rates are always displayed on the Vehicle's page of the Platform at the time of booking.

Fuel

In case the fuel level is different from the one indicated during the Handover, the Swapp Representative will apply an extra charge to the Customer for the Fuel Cost, this includes the difference in fuel level of replacement vehicles provided to the Customer. The applicable refill charge is AED 35 per fuel bar, along with an AED 10 Handling Fee. For the purpose of fuel calculations, the fuel gauge shall be deemed to be divided into eight (8) bars, irrespective of the vehicle type or model.
For electric cars: (i) If Customer suffers a breakdown due to failure to charge, a recovery fee of AED 500 will be applicable (ii) Customer will be provided with 1 or 2 cable charges: 3KW and/or 11KW, any damages or loss will result in the entire cost being charged to the customer with a service fee of 50 AED

Road tolls

All costs associated with the use of paid roads or tolls (including Salik and Darb) during a Rental period shall be borne by the Customer.
The Vehicle is equipped with an electronic toll badge, the amounts charged on the badge will be invoiced to the Customer by the Swapp Representative, after the Swapp Representative notifies Swapp of such amounts to be charged and sends evidence of the toll fees to Swapp.
The Swapp Representative will invoice the Customer a rate of AED 1.25 per crossing as a handling fee on top of the cost of the toll, on a monthly basis and at the end of the Rental period.

Smoking Fee and No Animal Fee

A non-smoking and no Animal Policy applies for all Vehicles on the Platform.
Should the Customer violate this policy, Swapp will charge a Fee of AED 500 respectively.
The Swapp Representative will inspect the car during the Handback, notify the Customer and add a remark about any violation to the Handback form (Vehicle Checklist). Upon acknowledgement from the Customer, the Customer irrevocably agrees to pay these charges
If the Customer does not acknowledge these remarks, and there is substantial proof on violation of this policy the customer irrevocably agrees to be bear these charges
On top of the Smoking Fee, the Customer may also be charged a Cleaning Fee 275 AED

Cleaning Fee

The Customer commits to return a clean Vehicle to the Swapp Representative, as described from 208 to 236 of these terms.
Swapp Representative will share legitimate needs for this special cleaning (e.g. photos, description, other evidence) and provide an invoice.
The Swapp Representative will inspect the car during Handback, notify the Customer and add a remark about the cleanliness of the Vehicle to the Handback form (Vehicle Checklist).
If the Customer does not acknowledge these remarks, and there is substantial proof on the car being dirty, the customer irrevocably agrees to be bear these charges

Vehicle Cleanliness Categories and Applicable Cleaning Charges.

The Vehicle must be returned in a condition consistent with Category A (Normal Use) as defined below. Where the Vehicle is returned in any other condition, Swapp or its authorized representative shall determine the applicable cleanliness category and the corresponding cleaning charges.
Category A, Normal Use (No Additional Charge): Light dust or minor exterior dirt consistent with normal city driving, with no stains, spills, odors, or excessive sand inside the Vehicle.
Category B, Moderate Dirt: Visible dirt, mud splashes, brake dust, or light sand accumulation on the exterior or interior surfaces. Applicable cleaning charges 40 AED
Category C, Heavy Dirt: Heavy mud, sand, clay, or dirt on the exterior, wheels, underbody, or significant sand accumulation inside the cabin. Applicable cleaning charges 275 AED
Category D, Interior Soiling: Food or beverage spills, stains on seats, carpets, roof lining, or interior surfaces, including sticky residues. Applicable cleaning charges 275 AED
Category E Odor Contamination: Strong or persistent odors including, but not limited to, smoke, vape, shisha, pets, or food. Applicable cleaning charge 275 AED
Category H, Industrial / Special Contamination: Cement dust, paint, grease, chemicals, or industrial residues affecting the Vehicle. Applicable cleaning charge 275 AED
Category I – Severe Neglect: Vehicle returned in an extremely dirty condition due to prolonged lack of cleaning or misuse which would require full interior and exterior detailing. Applicable cleaning charge 500 AED

Damage Handling Fees

In an event where the customer provides a valid police report to claim Insurance excess or in specific cases based on Swapp's evaluation is eligible to opt for damage estimates for minor damages. Swapp will charge a handling fees of 50 AED per incident

Other Fees

Original key will be charged in case of loss or damage as advised by the Swapp Representative.
The Customer agrees that the Swapp Representative 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 Swapp Representative may be subject to the Customer's prior payment thereof.
The Customer is informed that if the Swapp Representative provides proof of Insurance Excess, Damage Estimates, Traffic Penalty (including black points and impounding charges), toll charges, failure to report the vehicle for routine oil change, miss handling which affects the warranty of the vehicle including engine damage. The 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 authorizes the payment of such compensation and penalties.

Late Return Fee

In case the Customer is late to the Handback meeting, the Swapp Representative may charge a Late Return Fee to the Customer. (i) If the delay is less than 30 minutes, there will be no charge; (ii) If the delay is more than 30 minutes compared to the pre agreed meeting time, the Swapp Representative will charge the daily Rental fee for each additional day up to the returning the Vehicle

Delivery Fee

A fee of 109 AED will apply for delivery and collection of the vehicle, which is optional at the time of booking (and outside the cases of accident or breakdown of the Vehicle)
A fee of 300 AED will be applicable for delivery or collection of the vehicle between the emirates

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 Swapp Representatives 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.

User Agreement on Intellectual property of Swapp. The Users expressly agree:

To use the Platform for the sole purpose of using the Services;
Not to infringe any intellectual property rights (including brands) of Swapp or any third parties on the elements uploaded to the Platform;
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;
Not to transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on the Swapp Platform;
Not to attempt to gain unauthorized access to the Platform or the Services;
To keep their Account and Login details private, and to make every effort to ensure that no third party can access the latter;
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 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.

User Agreement on data. 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)

For all Users: (i) Name, (ii) Email, Phone Number, (iii) Government issued Identification, (iv) Driving License, and (v) Picture if any is given.
For Customers: Rating and reviews on Swapp Services.
To enable the execution of Services by Swapp, User authorizes Swapp for the entire term of their contractual relationship with Swapp to: (i) 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; (iii) 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 making 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.

Acceptance of limitations of Platform and the Services. The Users declare that they accept the limitations of the Platform and the Services, and in particular they acknowledge that:

They are aware of the risks of services provided online and their actions on the internet;
It is their responsibility to take all necessary measures to ensure that their equipment allows them to access the Platform and use the Service;
It is their responsibility to take the appropriate measures to protect their own data, property and/or equipment from viruses.
Swapp can in no case guarantee the solvency of Users, even when the pre-authorization is used.
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.
As a digital platform, Swapp's role is limited exclusively to connecting Swapp Representatives with Customers. Swapp may not be a party to all Rentals. Swapp is a third independent party to the contractual relationship formed between Customer and the Swapp Representative in relation to each Rental Agreement executed directly by Swapp Representative.
Swapp assumes no liability in case of factual errors in content provided by Swapp Representatives and posted on the Platform, including Vehicle specification sheets, availability, pictures, or similar.
Accordingly, Swapp cannot be held liable for any damage suffered or caused by the Customer or the Swapp Representative using a Vehicle rented via the Platform.
Moreover, Swapp cannot be held liable for a User's non-compliance with any applicable regulation.
More generally, Swapp can in no way be responsible for indirect or incidental damages caused to Customers or Swapp Representatives in the execution of these Terms and the Rental Agreements.
The Swapp Representative and the Customer shall indemnify Swapp, or 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 Swapp Representative and/or Customer in relation to the violation of the Terms, the Services or the Platform.
The Swapp Representative and the Customer shall indemnify, defend and hold Swapp, and 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), lawsuits, 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.
Nothing in these Terms shall exclude or limit liability for fraud, wilful misconduct, gross negligence, or any liability which cannot be lawfully excluded under applicable UAE law.

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.
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 is available to the Users through the Platform.

Personal data

Swapp processes the Users' Personal Data collected through the Users' use of the Platform and/or Services in accordance with its Privacy Policy and applicable data protection laws of the UAE. The Privacy Policy forms an integral part of these Terms. By accessing or using the Platform and/or Services, the User acknowledges that they have read and understood the Privacy Policy. The User undertakes to ensure that all Personal Data provided is accurate, complete, and kept up to date.
Personal Data collected may include, without limitation, identification documents, driving licence details, Emirates ID or passport information, contact details, payment information, booking history, vehicle usage data (including telematics or GPS data where applicable), and communications between the User and Swapp.
Personal Data is processed for the purposes of account creation, identity verification, booking administration, payment processing, insurance handling, vehicle tracking and recovery, regulatory compliance, fraud prevention, debt recovery, and dispute resolution.
Swapp may share Personal Data with payment processors, insurers, roadside assistance providers, vehicle recovery agents, professional advisors, and debt collection agencies strictly to the extent necessary for the performance of this Agreement or compliance with applicable law.
Personal Data may be disclosed to competent governmental, regulatory, or judicial authorities where required or permitted by applicable law and pursuant to a lawful request.
Personal Data shall be retained only for as long as necessary to fulfil contractual, regulatory, operational, or legal obligations, or as otherwise required by applicable law.
The User may exercise any statutory rights available under applicable UAE data protection laws by contacting Swapp using the contact details provided in these Terms.

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

The Terms are entered into for an unspecified period of time (without term).
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: (i) has a legal or regulatory obligation to terminate this agreement in a manner which does not allow it to respect that notice period; or (ii) exercises a right of termination under an imperative reason pursuant to national law; or (iii) can demonstrate that the User has repeatedly infringed any of the applicable terms and conditions; or (iv)is aware that 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.
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: (i) any accrued rights of either party, including any right to receive any payments due but unpaid before the termination; or (ii) 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 (e.g., 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 Swapp 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.
Swapp shall have the option to terminate the contract and take possession of the vehicle in case the Customer misuses the Vehicle, uses the Vehicle for illegal or criminal activities, makes frequent accidents, frequent traffic fines, and does not pay the rental charges and non rental charges, history fo default with Swapp's representatives or in case the Customer breaches its obligations specified in this contract, or in case Customer damages, manipulates, alters or attempts to alter any of the Vehicle or assets or devices installed inside.

Acceptance and Supremacy of Terms and Conditions

These Terms and Conditions together with any Rental Agreement expressly executed through the Platform, constitute the entire agreement between the Customer and Swapp in relation to the Services and the Rental. Moreover, these Terms, as published and in effect at the time of the Customer's use of Swapp's services, shall supersede and replace all prior or contemporaneous terms and conditions, agreements, negotiations, communications, understandings, representations, confirmations, or arrangements, whether written, oral, electronic, or implied, relating to the subject matter hereof. In the event of any inconsistency or conflict, these Terms and Conditions shall prevail, except where the applicable Rental Agreement expressly provides that a specific provision overrides these Terms.
By making a booking, the Customer is deemed to have read, understood, and accepted these Terms and Conditions in full, and acknowledges that they have not relied upon any statement, representation, warranty, assurance, or undertaking not expressly set out in these Terms or in the applicable Rental Agreement. Nothing in this Clause shall exclude or limit liability for fraud or fraudulent misrepresentation.
The Customer further agrees that these Terms and Conditions shall govern any disputes, claims, or legal proceedings arising out of or in connection with the Vehicle, the services, or this Agreement, and that the courts of Dubai, UAE, shall have exclusive jurisdiction to hear and determine such matters.
No amendment, variation, waiver, or modification of these Terms shall be binding unless made in writing and expressly approved by Swapp through the Platform or by an authorized signatory of Swapp.

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 of the Terms on their Platform and notifying Users in accordance with this Clause 17.
Any changes will be notified on a durable medium within a reasonable notice period and proportionate in light of the specific circumstances. (i) is subject to a legal or regulatory obligation which requires it to change its terms and conditions.(ii)has to exceptionally 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.
Where amendments materially affect the Users' rights or obligations, including changes relating to fees, liability, penalties, payment mechanisms, or repossession rights, Swapp may require Users to expressly accept the updated Terms before making a new Booking or continuing to use the Services. Continued use of the Platform after the effective date of the updated Terms shall constitute acceptance of those updated Terms.
If a User does not agree to the updated Terms, the User must cease use of the Platform and may request account closure in accordance with these Terms.
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 Swapp Representative.
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.

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. Swapp may assign the rights and obligations under this Agreement and/or these Terms to any other entity.
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: (i) For Swapp, at the address of its registered office, indicated in the legal notice; (ii) For the User, at the address provided upon registration.

Applicable law, jurisdiction, and mediation

These Terms are governed by the laws of the UAE
Any Customer may file complaints about our Services within the Platform.
In the event of a dispute arising out of or in connection with this Agreement or these Terms, the Parties undertake to at first seek an amicable solution through negotiation or mediation before submitting the dispute to the competent court.
If no such amicable solution can be found, the courts of Dubai, UAE, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or these Terms.