Terms and Conditions of Use and Service –

United Arab Emirates

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

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

Version published on October 26, 2023, and effective as of November 9, 2023. Applicable to all Customers and Suppliers 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 monthly rental with Suppliers wishing to rent out their vehicle. Swapp is an intermediary and is in no manner a party to the rental transaction concluded between the Suppliers and the Customers. Swapp does not rent out Vehicles either through the Website, the Apps, the Services, or by any other means, and has no activity other than that of connecting Customers and Suppliers to each other for the purpose of vehicle rentals. 

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

These Terms complete the terms of the rental agreement which govern the Rental between the respective Supplier 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 Suppliers benefit from the Services offered by Swapp. 

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

Definitions    4

Access and eligibility of Customer    4

Access and Registration    4

Eligibility conditions applicable to Customers    4

Vehicle Listings    6

General rules    6

Identity verification    6

Verification of the Customer’s identity    6

Rental process    7

Booking process    7

Rental Fee calculation    7

Deposit    9

Swapp credits, coupons, and discounts    9

Handover process    9

Aborting the Handover process    11

During the Rental    11

Breakdown    11

Reporting an incident or problem    12

Roadside assistance    12

Scheduled maintenance    13

Fines and violations    13

Early Return Request    13

Extension of the Rental period    14

Handback    15

Invoices    16

Contacting Swapp    17

Cancellation of a Booking    17

Insurance    17

General rules and conditions    17

Rules applicable to damages    18

Exclusion from the insurance coverage    18

Exercising the Insurance in case of damage    19

Insurance Excess    19

Payment authorization, pre-authorization, and administration    20

Payment authorization    20

Late Payment Fee    20

Service provision    20

Fees of Service    20

Supplier payout, payment adjustment and compensation    20

Payment adjustments    21

Intellectual Property    24

Liability    25

Availability of the Platform and Services    25

Personal data    26

Term, Termination, Suspension and Exclusion of a User from the Services    26

Modification of the Terms    27

Miscellaneous    27

Applicable law, jurisdiction, and mediation    28

1. Definitions 

1. 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; 

2. App » refers to the Swapp application downloaded by the User on their mobile phone (whether Android or iOS) in order to use the Service; 

3. Booking » refers to the request for reservation of a Vehicle made by a Customer through the Platform; 

4. Customer » refers to an individual wishing to conclude a Rental through the Swapp Platform. The Customer may be the individual who will be the main driver of the Vehicle and sign the Rental Agreement with the Supplier, or not. 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 Supplier as the primary/main driver of the Vehicle during the Rental, and the secondary driver(s) identified in the Rental Agreement;

5. Listing » refers to the Suppliers’ listing on the Platform containing images of their Vehicle/s and relevant information of the Rental via the Platform;

6. Non-Rental Charges » refers to any charge, penalty, cost, or fine whatsoever incurred by the Supplier as a result of the Rental, together with any other charge provided under section 10.2 of this Agreement. For clarity, Non-Rental Charges include the Insurance Excess in case the Vehicle is damaged (section 7.5), or any traffic ticket or penalty incurred by the Supplier due to the Customer road conduct (ex: speeding or other driving-related offenses) or parking violation (a “Traffic Penalty”).

7. Platform » refers collectively to the Website and the Apps; 

8. Prohibited Usage or Prohibited Usages » has the meaning defined under section 7.3.1 of these Terms;

9. Rental or Subscription » refers to the rental of a Vehicle made through the Platform; 

10. Rental Agreement » refers to the agreement entered into by and between the Customer and the Supplier;

11. Rental Fee» refers to the rental base cost of a Vehicle for a given Booking to be paid by a Customer to the Supplier;

12. Services » refers to all services made available to Users when rightfully using the Platform; 

13. Supplier » refers to a legal or natural person wishing to rent out a Vehicle without a driver to a Customer via the Platform who has, among all the necessary requirements, also the appropriate trade license(s) to conclude Rentals;

14. Swapp », « we », « us » or « our » refers to Swapp Rent A Car DMCC.;

15. User » refers to a natural or legal person, whether a Supplier or a Customer, who has accepted the Terms and is registered on the Platform, to benefit from the Services;

16. 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; 

17. Website » refers to the websites enabling access to the Services, namely “joinswapp.com”, and its subdomains.

18. Repair Slip » refers to the document issued by the police to initiate the repair of the vehicle when a case is escalated to the court for judgement. 

Unless the context otherwise demands, words importing any gender shall be interpreted to mean any or all genders. 

2. Access and eligibility of Customer
   
   

   1. Access and Registration
      
      

      1. In order to access and use the Platform or register an Account, the User may be a private individual representing himself or - if a Supplier - also a duly organized, validly existing business in good standing under the laws of the country where it is registered and able to enter into legally binding contracts.

      2. 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”). 

      3. 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.

      4. 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. 
         
         

   2. Eligibility 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: 

1. Customers must have accepted these Terms in order to use the Service.

2. It is specified that Vehicles may not be rented on the Platform between Customers and Suppliers having a family relationship with said Customers (parents, grandparents, children, siblings, grandchildren, spouses, etc.) or living in the same household as them.

3. Moreover, Users:

   1. Must not excessively cancel the Rental requests or repeatedly create a suboptimal user experience for the Customers;

   2. Must agree and comply with Swapp’s Terms;

   3. Must not provide false information on their Account. In such cases, Swapp may immediately suspend and/or restrict access to the Service, without notice or compensation;

   4. Must not display inappropriate or disrespectful behavior towards other Users or Swapp’s staff; 

   5. Must not engage in any criminal behavior; 

   6. Must not use the Platform or the Services in a fraudulent manner; 

   7. Must not try to make rental deals directly with Suppliers or Customers, while bypassing Swapp’s Platform; 

   8. Must not have outstanding debts towards Swapp.

4. Eligibility conditions applicable to Customers

1. Must be at least 18 years of age;

2. Must not be more than 65 years old; 

3. 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 to 20% of the total damage cost caused to the Vehicle by the accident (in addition to the Insurance Excess provided for below); 

4. Must be registered on the Platform under their true identity; 

5. Must provide their true home address; telephone number (prepaid SIM not allowed); 

6. Must undergo and successfully complete an identity verification (also known as Know Your Customer or KYC process) administered by a third party provider on behalf of Swapp;

7. May not create multiple Account profiles on the Platform; 

8. 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. In case of the driver’s license being more recent or the Customer being a tourist, a copy of the home country’s driver’s license may be required. The home country’s driver’s license should be held for at least one year. For tourists, an international driver’s license can also be required according to the current regulations. Non compliance with the above will cause an additional liability of 10% 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 Supplier on the Customer. Tourist Customers are not allowed to rent Vehicles for periods longer than their UAE visa is valid for;

9. Must not have defaulted on any payments, or refused any payment, under their obligations pursuant to these Terms; 

10. Must not have had their automobile insurance coverage denied or cancelled within the past 3 years;

11. Must not have been the subject of an ascertained serious complaint from a Supplier or Swapp regarding their behavior (notified in the reviews publicly posted on the Platform, or in the private reviews sent between the Customer and Supplier at the end of a Rental, or in case of complaints sent by a Supplier to Swapp), whether in UAE or in other countries where Swapp or other companies of Swapp group are active;

12. Must not be medically unfit to drive; 

13. Can use the rented Vehicle only in the UAE, unless otherwise specified;

14. Must be and remain the main driver of the Vehicle (“Main driver”). Secondary Drivers are only allowed so long as they: 

    1. Meet all the same requirements as the Main driver; 

    2. Register as a Customer on the Platform; 

    3. Successfully complete the customer verification / KYC process;

    4. Have been approved as secondary drivers for the specified vehicle by Swapp in written notice.

    5. AED 105 Secondary driver charge will apply. 

15. Liabilities and obligations towards Swapp and the Supplier of the Vehicle rented by the Customer continue to lie with the Customer even if incidents, complaints, fines, accidents, or other issues arise during the Rental period that are associated with the doings of the 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 Supplier 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 Supplier as a result, directly or indirectly, of the Rental Agreement.

16. The list of any Main or Secondary Driver must be shared by the Customer to Swapp before any Main or Secondary Driver drives the Vehicle, which will share them with the Supplier.
    
    

3. Vehicle Listings

1. General rules

1. Customers can only rent Vehicles in accordance with the information mentioned in the Listing. Customer understands and accepts that it cannot demand a different price than that stated in the Listing. 

2. Customers also understand and accept that smoking and transportation of animals is not allowed in Vehicles listed on Swapp’s Platform, unless explicitly agreed by the Supplier on the Handover form. Violating this rule will result in a No Smoking Fee or No Animals Fee as well as a Cleaning Fee, both payable by the Customer (see section 10.5). Also, Swapp reserves the right to suspend or ban the Customer from using the Platform in case of violation.

3. Customers acknowledge and agree that 

   1. Suppliers may or may not be liable for VAT;

   2. Rental Fees of the Vehicles listed on the Platform are always gross values, i.e., price points including VAT;

   3. The VAT component of the Rental Fees is always displayed separately, next to the value of the Rental Fee itself.

4. Identity verification

1. Swapp applies identity verification practices as indicated below to verify the true identity and eligibility of its Users, to mitigate the risk of fraud and the misuse of the Platform in any way.

2. Although Swapp uses industry best practices and technologies for verification purposes, it does not stand as a guarantor for any Customer, Supplier, or Vehicle. Users remain responsible to provide accurate information and Swapp does not provide any statement, confirmation or approval concerning Users, their identity or their background. 

3. Unless otherwise set out by these Terms, the Suppliers agree that, in the event of damage attributable to a Customer or a third party, they will only hold liable the party that caused the damage and take action only against such party. All Customers and Suppliers agree to not attempt to hold Swapp liable or take legal action against Swapp for such acts or omissions.

4. Verification of the Customer’s identity 

1. The User acknowledges and agrees with the fact that Swapp uses Veriff as a third party verification (also called “Know Your Customer”) service provider to verify the identity of Customers. The Customer specifically agrees by the present that all documents and information provided by him on the Platform may be transferred by Swapp to Veriff to carry out the Know Your Customer process and by Swapp and/or Suppliers to the local police in an optic of fraud and crime prevention. 

2. Swapp is not a provider of the underlying technology and does not guarantee that the technology can be 100% accurate at all times.

3. In order to be able to rent Vehicles through the Platform, the Customer, via Veriff’s system, will need to provide photo captures of the following: 

   1. Front side of his UAE driver’s license if applicable;

   2. Back side of his UAE driver’s license if applicable;

   3. Front side of his I.D. card and / or passport;

   4. Back side of his I.D. card and / or passport;

   5. Front side of his home country driver’s license and of the International Driving Permit if applicable;

   6. Back side of his home country driver’s license and of the International Driving Permit if applicable; 

   7. His stamped Visit Visa if applicable;

4. The Customer will only be able to complete his first Booking and gain access to any Vehicles after he successfully completed the verification process.

5. If all required elements of verification are not provided, the Customer cannot proceed with the Booking. 

6. The Customer does not have to repeat the verification process before every Booking. However, verification of newly uploaded documents of already active Customers is required (e.g., when a driver’s license or ID card expires and the renewed version is uploaded to the Platform).

7. Ideally the verification process takes only seconds, after all the required documents and files were provided by the Customer. However, the process can take longer and Swapp in no way guarantees an approval time or can be held liable for delays in or rejections following the verification process.

8. 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 Supplier reserves the right to refuse any Customer with poor usage and safety record from becoming a customer of its respective Vehicles, including entering into Rental Agreements.

9. The Customer may be required to show his ID and driver’s license to the Swapp runner and Supplier 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.
   
   

5. Rental process

1. Booking process

1. After selecting a city on the Platform where Swapp offers its Services, the Customer can view and browse Vehicles’ Listings posted by Suppliers. 

2. Customer can further narrow down this list by using filters available in the browse function of the Platform.

3. Once a Customer has found a suitable Vehicle that is available, he can send a Booking request to the Supplier.

4. 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.

5. 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.

6. If Customer chooses Door to Door delivery then after selecting a Handover address, it has to select a Handback location as well.

7. With respect to Door to Door delivery of the Vehicle:

   1. If the booking is made between 00:01 and 17:00 , the earliest delivery can happen the next day at 8:00.

   2. If the booking is made between 17:00 and 24:00, then the earliest delivery can happen the next day at 12:00.

8. After selecting the Delivery and Return time and location, the Customer may select the insurance (Comprehensive [Full] Insurance without CDW, or Comprehensive [Full] Insurance with CDW) and color preference. 

9. In the price breakdown, Customer can see the total deductible amount, and after agreeing to Swapp’s Terms & Conditions, it can finalize the booking of the Vehicle.

10. The earliest Start Date the Customer can choose is 2 calendar day and the latest is 30 calendar days from the moment of the Booking.

11. The Minimum Booking Period is thirty (30) days.

12. The Customer cannot book and should not expect to use a Vehicle beyond the Maximum Booking Period. This is defined by:

    1. The maximum acceptable age of the Vehicle on the Platform;

    2. The maximum acceptable mileage;

    3. A predetermined maximum availability date set by the Supplier.

13. If this is the Customer’s first Booking, he or she will need to go through the identity verification process, unless already completed before booking (see section 4 of these Terms).

14. After the Booking request of a verified Customer is submitted, the Supplier is notified about it and must respond within 24 hours.

15. If the Supplier 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 per section 5.3 of these Terms. 

16. A solicitation from either the Customer or the Supplier to bypass Swapp and transact directly will be considered a violation of these Terms and may result in a suspension or ban of the Customer’s and / or the Supplier’s Account.

17. The Booking is considered complete when the payment has been made. 

18. If the Supplier rejects or does not accept the Booking request within 24 hours, the Booking request is considered rejected, and the Customer is notified by email, text message, or via the Platform.

19. In case of unexpected availability issues of the Supplier or the Vehicle, Swapp reserves the right to cancel any upcoming Booking without extra compensation except for the full refund of any payment that might have been made by the Customer. 
    
    

2. Rental Fee calculation

1. The Customer pays the prorated monthly Rental Fee for Bookings made on the Platform, as long as the Booking is accepted. 

2. As an example, if the monthly Rental Fee of the Vehicle is AED 1500 and the Customer books it for a month, he will pay AED 1500.

3. Customers and Suppliers should note that the varying number of calendar days in different calendar months affect the Rental Fee calculation if a Booking spreads across two or more calendar months. 
   Example: If the Customer books the Vehicle with AED 1500 monthly Rental Fee from Jan 20 to Mar 27, i.e. for 67 days, he will pay altogether AED 3387.10:

   1. In January: One full month of Rental Fee applicable from January 20 to February 19 (31 x 1500 / 31 = AED 1500);

   2. In February: One full month of Rental Fee applicable from February 20 to March 19 (28 x 1500 / 28 = AED 1500);

   3. In March: 8 times the daily Rental Fee applicable on March 20th (8 x 1500 / 31 = AED 387.1).

Months shall be construed as Gregorian calendar months.

4. Changing the duration of the Booking

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

      1. Customers can change the Return Date of their Bookings in the ”Check your booking” section of the Platform;

      2. Once they set a Return Date, they can modify it in the same place;

      3. The Minimum Rental Period is 30 days. Any return before the Minimum Rental Period is subject to an Early Return Surcharge (as per 5.2.4.1.4.); 

      4. 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. The Customer will be charged an Early Return Surcharge equivalent to 100% of the Monthly Rental Fee in addition to extra AED 150 as a Handling Fee;

      5. The Return Date must be notified at least four (4) days in advance. Any return before the 4 days’ notice will be subject to a surcharge equivalent to the 4 days rental fee. A Customer that wants to return the Vehicle on day 30 must notify Swapp via the Platform no later than day 16 of the rental.

Example 1: Customer gives 4 days’ notice but cancels before day 30

• Customer is only liable to pay the one month non refundable rental fee (which he already have paid before receiving the Vehicle); 

Example 2: Customer does not give 4 days’ notice but cancels before day 30

• Customer is liable to pay the one month non refundable rental fee (which he already have paid before receiving the Vehicle);

• Customer is also liable for a 4 days’ rental fee;

Example 3: Customer gives 4 days’ notice and cancels after day 30

• No extra charges are paid by the customer

Example 4: Customer does not give 4 days’ notice and cancels after day 30

• Customer is also liable for a 4 days’ rental fee.

2. When changing the duration of a Booking, the Rental Fee will change as well and reflect the prorated Monthly Rental Fee.

• As an example, if the Monthly Rental Fee of the Vehicle is AED 1500 and the Customer sets the Return Date for 30 days from the Start Date in a 30-day long calendar month, he/she is supposed to pay AED 1500 x 30 days / 30 days = AED 1500. If he decides to extend the duration of the Booking for 39 days as an example, the Rental Fee changes as well. 

3. Customers and Suppliers should note that the varying number of calendar days in different calendar months affect the Rental Fee calculation if a Booking spreads across two or more calendar months. If the Customer extends the Booking of a Vehicle with AED 1500 monthly Rental Fee from Jan 20 to Feb 27, i.e., for 39 days, the Rental Fee calculated after the change will be altogether AED 1928.57:

• In January: One full month of Rental Fee applicable from January 20 to February 19 (31 x 1500 / 31 = AED 1500);

• In February: 8 times the daily Rental Fee applicable on February 20th (8 x 1500 / 28 = AED 428.57).

4. 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 or on the first day of the next billing cycle which is 4 days before the renewal of the month at a rate equivalent to the prorated amounts due for the current month, if not paid yet, upon confirmation of the new Return Date.

5. The Customer cannot proceed with the change of the duration of the Booking without approving the potential increase of the Rental Fee.

6. Swapp will pay to the Customer within 45 business days from the end of the Booking any refund applicable in case of shortening the duration of the Rental.

7. 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. The termination can be initiated only once the Vehicle has been returned to the Customer or Supplier and all amounts due have been settled between the Parties.

3. Deposit
   
   

   1. When booking a Vehicle, a Deposit or a pre-authorization may be applicable.

   2. The Customer hereby pledges to cover any potential extra fees or Rental Fees related to the Booking (see section 8), as well as any Insurance Excess in case the Vehicle is damaged (see section 7.5), or any incurred Traffic Penalty, or any other Non-Rental Charge charged by the Supplier and/or Swapp.

   3. The Deposit amount is equal to the monthly Rental Fee, but with a minimum of AED 3,000, i.e., the amount of the Insurance Excess. So, if the monthly Rental Fee is AED 4,000, the Deposit amount is AED 4,000. If the monthly Rental Fee is AED 1,200, the Deposit amount is AED 3,000.

   4. The Deposit will be charged to the Customer’s credit or debit card. In the case of a pre-authorization, the total amount is blocked on the Customer’s debit or credit card.

   5. 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. 

   6. 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 Supplier, the Customer agrees that Swapp is authorized to charge the Customer’s card for the amount due on top of the Deposit.

4. Swapp credits, coupons, and discounts

1. Swapp may at its own discretion launch marketing or loyalty campaigns pursuant to which Customers and Suppliers would be granted credits, coupons, or discounts as per the terms of such campaigns.

2. These can be used on the Platform to offset the Rental Fee payable by the Customer.

3. 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.

4. Swapp also reserves the right to give these credits, coupons, or discounts selectively to some and not all Customers.

5. Handover process 
   
   

   1. Swapp handover

      1. Following the approval of a Booking, both the Supplier 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 Supplier hands over the booked Vehicle to the Customer, together with its keys, documents, and accessories (if applicable).

      2. The notification by email or via the Platform (in-app) will be sent 1 week before the start of the Rental period, if there is at least 1 week between the approval of the Booking and the start of the Rental period. In all other cases the notification is sent immediately after the approval of the Booking;

      3. Following the notification by email or via the Platform (in-app) the Swapp team will proactively contact the Supplier 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. 
         
         

   2. During the Handover process, the Supplier and the Customer agree to follow these steps:
      
      

1. Verification

   1. The Swapp runner and the Customer have the right to check:

      1. The identity of the Supplier or his representative;

      2. The Vehicle’s registration and its license plates;

      3. The condition of the Vehicle;

      4. The safety equipment required by law.

   2. The Swapp runner and the Supplier have the right to check:

      1. The validity of the Customer’s ID;

      2. The validity of the Customer’s driving license;

      3. That the Customer matches the picture on his ID card and driver license;

      4. That the Customer meets all the requirements to rent the Vehicle as per applicable laws and regulations;

      5. That the Customer has held the driving license for the minimum period required as per these Terms.

   3. The Handover will be aborted and Swapp immediately informed if: 

      1. The Customer fails any of the checks above;

      2. The person wishing to take possession of the Vehicle is not the Customer;

      3. The Customer provides a driving license that does not authorize him/her to drive in the country where the Vehicle is registered.
         
         

2. Inspection of the Vehicle

   1. During the Handover, the Swapp runner (if applicable), the Supplier and the Customer check the exterior and the interior of the Vehicle. They review its general condition and look for potential damages, scratches, etc.
      
      

3. Photo documentation

   1. The Swapp runner or Supplier will take at least eight (8) photos of the Vehicle’s interior and exterior. Additionally, the Supplier and the Customer are encouraged to take additional photos of any damages, scratches or other, visually noticeable irregularities on the Vehicle.

   2. These photos are important as they can serve as evidence to prove the state of the Vehicle at the time of Handover. If photos are taken, Swapp will likely use them to evaluate potential complaints and settle disputes related to a given Rental. Unless photos obtained from the Customer can prove that the damage on the Vehicle already existed at the time of Handover, the costs of repair may be charged to the Customer. 

   3. The Customer is advised to keep these photos for at least 60 days after the end of the Rental period.
      
      

4. Adding further notes

   1. The Swapp runner or Supplier documents the mileage, fuel level, and other descriptive notes about the Vehicle (e.g., issues with cleanliness, special accessory installed, etc.), both on the Handover Checklist and with photos.
      
      

5. Handing over the keys and accessories (if applicable)
   
   

6. Handing over copies of relevant documents

   1. Vehicle Registration certificate of the Vehicle; and

   2. Copy of the Rental Agreement.
      
      

7. Signing the Handover Form

   1. Once the above steps have been successfully completed, the Supplier and the Customer sign the Handover Form;

   2. This is a standardized document that includes information about the Supplier, the Customer, and the Vehicle; 

   3. The Supplier will bring two (2) hard copies of this document to the Handover meeting; 

   4. Once the document is signed by the Supplier and the Customer, the Swapp runner or Supplier will scan the document and send it to Swapp, to the Supplier and the Customer via email or via the Platform. 

   5. 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. 

3. Failing to follow the above instructions may result in the abortion of the Handover process and in the suspension or ban of the respective User’s Account.

4. The Rental Agreement between the Customer and Supplier comes into effect by accepting Swapp’s Terms when booking a Vehicle and by signing the Rental Agreement whether physically or digitally.

5. The Customer and the Supplier must retain their copies of the signed Handover Form and the Supplier must provide the Customer with a copy of the Vehicle’s registration documents.

6. Once the Handover Form 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 Supplier after the Rental, the Customer will be considered as having caused such damage and may incur potential repair costs (for more details see section 7 on Insurance).

7. The Supplier and the Customer acknowledge that they will not enter into a separate agreement that could interfere with or override the Rental Agreement.

8. If the Customer does not arrive at the Handover meeting within 1 hour from the pre-agreed time and does not notify Swapp about his delay, an application of Late Return Fee of AED 50 per hour may be claimed. 
   
   

9. Aborting the Handover process

1. The Customer or the Swapp runner can refuse to proceed with the Handover if:

   1. The Vehicle is different from the one advertised in the Listing on Swapp;

   2. The Vehicle is 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);

   3. The Supplier’s behavior is grossly inappropriate (violent, harassing, threatening, etc);

   4. The Supplier or his representative cannot properly identify themselves and prove the right to rent out the Vehicle;

   5. The Customer or the Swapp runner suspects a serious risk of fraud or crime associated with the attempted Rental;

   6. The Supplier is a no-show for more than 1 hour after the pre agreed meeting time, save where agreed otherwise.

2. The Supplier or the Swapp runner can refuse to hand over the Vehicle to the Customer if:

   1. Section 5.5.2.1.3. applies;

   2. The Customer is under alcohol or drug influence;

   3. The Customer’s behavior is grossly inappropriate (violent, harassing, threatening, etc);

   4. The Supplier or the Swapp runner suspects serious risk of fraud or crime associated with the attempted Rental;

   5. The Customer is a no-show for more than 1 hour after the pre agreed meeting time, save where agreed otherwise.

3. If the Customer or the Supplier choose to abort the Handover process, they should immediately notify Swapp and a Cancellation Fee may apply as per section 6 of these Terms.
   
   

6. During the Rental 

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

2. Breakdown
   
   

   1. In case the Vehicle breaks down, the Customer should contact the Roadside Assistance service arranged by Swapp (section 5.6.4) and must contact Swapp as well.

   2. 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 or better. 

   3. 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. 

   4. If the Customer caused the breakdown, he will receive a replacement vehicle and will be charged for at least the Insurance Excess (if the incident is covered by Insurance) or the full cost of repair.

   5. 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 be charged for at least the Insurance Excess (if the incident is covered by Insurance) or the full cost of repair, and Swapp or the Supplier may, at their sole discretion, immediately terminate the Rental Agreement.

   6. In case of a breakdown of the Vehicle, Roadside Assistance will support the Customer, with certain limitations. For more details see section 5.6.4.

   7. 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). 
      
      

3. Reporting an incident or problem 

1. The Customer agrees to immediately report to Swapp and the police (if applicable) for any problems, breakdowns or damage related to the Vehicle.

2. Swapp will report to the Supplier any problems or damages related to the Vehicle and caused by the Customer during the Rental. In such a case, the Customer may be liable for the damage which would be charged to his card on file.

3. 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. 

4. 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 should be of similar category to the Vehicle rented by the Customer Failure to provide such a Vehicle after three (3) days of replacement will result in a credit note from the Supplier 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.

5. 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 for at least the Insurance Excess (if the incident is covered by Insurance) or the full cost of repair, and Swapp or the Supplier may, at their sole discretion, immediately terminate the Rental Agreement.

6. In the case where the Vehicle is a total loss, the Supplier 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 the Supplier, the Customer shall still be liable to make payments of the Rental fee. The Customer will still be liable to make payments of the Rental fee as long as the Rental continues with the replacement Vehicle. 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 Swapp or the Supplier may, at their sole discretion, immediately terminate the Rental Agreement.

7. Smaller incidents or problems can occur as well. In these cases, the Vehicle remains usable, but the convenience of the Customer or the completeness of his rental experience is negatively affected. Examples: Broken air conditioning, malfunctioning electric windows, sat nav unable to turn on, etc. Should the Customer report such an issue, the Supplier must provide a satisfactory solution to it within 3 working days. 

   1. This solution can involve a pickup of the Vehicle by the Supplier from the Customer, at the Customer’s convenience, but during business hours.

   2. The Supplier should do everything in his power to return the Vehicle to the Customer on the same day when it was handed over to him for maintenance.

   3. Should the Supplier be unable to do this, the Customer can choose from the following options

      1. Accept a replacement Vehicle from the Supplier for the given period. The replacement Vehicle shall be of the same category as the Vehicle under maintenance or repair;

      2. 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;

      3. If the replacement Vehicle is not available, then request a cancellation of the Booking on the day the Vehicle is handed over to the Supplier and receive a prorated refund.

8. If the Vehicle is handed over for repair or maintenance, the Supplier 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.

   1. In this context, it should be noted that the Vehicle must be clean when it is handed over, so that the Supplier 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 Supplier may charge the Customer for any damage discovered after the Vehicle has been handed over and cleaned.

4. Roadside assistance 

1. Roadside Assistance is available to all Customers who rent a Vehicle via the Platform. 

2. Roadside Assistance service covers the following aspects, with certain limitations and provided that certain conditions are met: 

   1. Towing

   2. Battery booster

   3. Battery replacement

   4. Vehicle repatriation

3. The Customer can find the phone number of the Roadside Assistance 

   1. In the Booking confirmation email;

   2. On the Rental Agreement signed at Handover and placed in the Vehicle;

   3. By contacting Swapp.

4. In case the Supplier Roadside Assistance is not available at any time to the Customer who requests it, the Supplier will be charged any costs that Swapp or the Customer may sustain in relation to the provision of a third party’s equivalent or similar Roadside Assistance, provided that the request for Roadside Assistance was not caused by the Customer conducting any Prohibited Usage of the Vehicle.

5. Suppliers and Customers acknowledge that the Roadside Assistance service may not cover certain cases or associated costs, or may cover them only to a certain limit. In these cases, Swapp will charge the extra costs and an AED 150 Handling Fee to the Supplier. If the underlying reason for needing the Assistance Services can be attributed to the Customer’s behavior or fault, the Supplier will charge this amount to the Customer. If Supplier and Customer can’t agree on who is responsible for the underlying reason, the Supplier may, at his own cost, hire an independent expert to investigate this. If the expert’s report finds that the Customer was responsible, the cost of the investigation will also be charged to the Customer.

5. Scheduled maintenance

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

2. At the handover, the Supplier should indicate to Swapp and to the Customer the specific maintenance scheduling of the Vehicle (meaning at what mileage should the vehicle be returned for maintenance). Swapp will ensure timely notification of upcoming maintenance to the Customer via messaging channel on the Platform via email or phone (if applicable).

3. When the Customer receives notice of a Scheduled maintenance, the Customer agrees to accommodate the Supplier’s request. In case the Customer agrees to accommodate the Supplier’s request,

   1. The Customer should enable the Supplier to pick up the Vehicle and drop it off once the maintenance is done;

   2. A replacement vehicle will be provided to the Customer for any maintenance request. The replacement vehicle should be of similar category to the Vehicle rented by the Customer Failure to provide such a Vehicle after three (3) days of replacement will result in a credit note from the Supplier being due towards the Customer for all the days the Customer was not provided a replacement vehicle of similar category to the Vehicle. 

4. If the Customer does not provide the Vehicle to the Supplier at the Scheduled maintenance meeting within 1 hour from the pre-agreed time and does not notify Swapp about his delay, Swapp may claim the application of Late Return Fee of AED 50 per hour.

5. 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.

6. Fines and violations

1. During the Rental of the Vehicle, the Customer is liable for any infractions or violations of traffic laws or parking rules caused by the Vehicle.

2. The Customer is assumed to be solely responsible for any penalties or fines related to these infractions or violations, including any cost and fees related to the smart impound / impound of the Vehicle. The Supplier 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.

Should the Customer elect to impound/smart impound the Vehicle in breach of the above clause, the Customer will be responsible to pay the Rental Fee for each day where the Vehicle is impounded, and will be liable to pay to Swapp the Penalty provided for under clause 8.3 below.

3. The Supplier will charge the Customer a Handling Fee of 12.5% of the total amount of the fine or a minimum of 52.5 AED for each fine or penalty. 

4. For each black point, Swapp will transfer it to the customer’s driving license. Apart from the fine cost Customer will be charged an additional AED 105 for transfering the black points.

7. Early Return Request

1. The Supplier must give at least 28 days’ notice to the Customer in case of an Early Return Request (being the case where the Supplier requests the Customer to return the Vehicle prior to the end of the Rental).

2. 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 will receive a refund for any Rental Fee paid but not due to the Supplier within 30 business days from the date where the Vehicle was returned to the Supplier. 
   
   

8. Reporting mileage to Swapp

1. 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 Supplier.

2. 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 in See section 11.5).

3. 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.

4. In case a Customer fails to comply with section 5.6.8.3., Swapp may initiate a forced return of the Vehicle. Should this be the case, Swapp will communicate this to the Customer by email and by phone and the Customer will have three (3) days to comply. 

5. Should the Customer not return the Vehicle within the 3-day deadline, the Supplier (or Swapp as authorized by, and on behalf of, the Supplier) will report the Vehicle as stolen to the police. In parallel to that, the Supplier (or Swapp as authorized by, and on behalf of, the Supplier) may initiate the repatriation of the Vehicle in which case Repatriation Fees will apply as per section 11.5.

9. Registration Renewal & Tyre Maintenance / Replacement

1. During the rental period, a vehicle can be due for registration renewal. 

2. In the event of a registration renewal, the Supplier will provide the Customer with a replacement vehicle of the same category or higher as the Vehicle and that as of the moment the Vehicle is taken from the Customer.

3. The Supplier will pickup and drop off the car at the selected location by the Customer at no extra charge.

4. During the rental period, a vehicle can be due for tyre maintenance or replacement. In this case, the Supplier should provide Swapp with at least seven (7) days notice. In this event, the Customer shall make the Vehicle available to the Supplier for the tyre maintenance and/or replacement to be carried out. The Supplier will provide the Customer with a replacement vehicle of the same category or higher as the Vehicle and that as of the moment the Vehicle is taken from the Customer
   
   

7. Extension of the Rental period

1. If the Customer wants to set a new return date, he can change the Return Date on the ”Check your booking” page of the Platform. 

2. The Minimum Booking Period is 30 days. Customers cannot set a Return Date that is sooner than 30 days from the Start Date of the Booking. In case the Customer needs to return the Vehicle sooner than 30 days, he must contact Swapp and a Handover will be arranged for him. In such a case, the Customer will be charged an Early Return Surcharge equivalent to 100% of the Monthly Rental Fee and AED 150 as a Handling Fee.

3. After the Minimum Booking Period, the Customer can return the Vehicle after giving a notice period of at least 4 days. Should the Customer want to return the Vehicle within an even shorter period, he must contact Swapp and a Handover will be arranged for him. In such a case, the Customer will be charged an Early Return Surcharge equivalent to 50% of the Monthly Rental Fee and AED 150 as a Handling Fee.

4. 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 via the ”Check your booking” page of the Platform. The extension will be auto-approved by the Swapp system.

5. The Supplier will receive an email notification from Swapp about the extension of the Booking and is not expected to take any action.

6. Depending on the Rental Fee paid to date and the newly set Return Date, the Customer might be entitled to a partial refund or might need to pay extra on top of what he already paid. The Customer will need to approve this change and accept any extra charge, if applicable, before he can proceed. Details on this point are explained in section 5.2.

7. 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. For further details on booking approval see section 5.1. 

8. The Customer shall return the Vehicle on the agreed date. Keeping a Vehicle beyond the initial Booking period without extending it via the Platform is a violation of these Terms. It will lead to charging the Customer a Late Return Fee of AED 50 per hour, and potentially filing a report with the police as well as taking legal action against the Customer. 

9. If the Customer is late by more than 1 hour to the handback with the Supplier without notifying Swapp, he will be charged 300% of the daily Rental fee for each additional day started before returning the Vehicle. Also, the Supplier shall notify the police and Swapp about the missing Vehicle.

10. In case of late return, any damage that has taken place since the beginning of the Rental will be charged to the Customer without the latter being covered by the Insurance, and other Non-Rental Charges defined in section 10 may be levied on the Customer in the name and on behalf of the Supplier. 
    
    

8. Handback 
   
   

   1. Notwithstanding any applicable provision above, the Customer must return the Vehicle to the Supplier on the last day of the Rental period. 

   2. This takes place during the Handback meeting where the Customer hands back the booked Vehicle to the Supplier, together with its keys and accessories (if applicable). 

   3. In case of the Handback

      1. Swapp will reach out to the Customer 7 calendar days before the Return Date and coordinate the exact time and place of the Handback meeting. 

      2. The place of the Handback is determined by the Customer and it is usually the address that the Customer chooses to get the Vehicle picked up from. The Handback cannot be performed in any airport of the UAE. 

      3. Swapp sends an email reminder to both the Supplier and the Customer 7 calendar days before the end of the Rental period. This email reminder includes the steps for both parties to follow at the Handback meeting.

      4. During the Handback process, the Customer and the Supplier agree to follow these steps:
         
         

         1. Inspection of the Vehicle

            1. The Customer, the Supplier and/or the Swapp runner check the exterior and interior of the Vehicle. They review its general condition and look for potential damages, scratches, etc.

            2. The Vehicle must be clean when it is returned, so that the Supplier can make sure during the handback and inspection of the Vehicle that all the damages are clearly visible. If the Customer neglects this part and returns the Vehicle dirty, the Customer expressly agrees that Swapp or the Supplier may charge the Customer for any damage discovered after the Vehicle has been returned and cleaned.
               
               

         2. Checking the cleanliness of the Vehicle

            1. The Customer must return the Vehicle clean at the end of the Rental. In case the Vehicle has been soiled, the Customer shall clean it before the end of the Rental, for example in the following cases: traces of mud on the carpet, dirt on the body due to traveling on muddy roads, etc. 

            2. In case of failing to return a clean Vehicle, the Customer shall pay compensation to the Supplier as stated in section 10. 
               
               

         3. Photo documentation

            1. The Swapp runner or Supplier will take at least eight (8) photos of the Vehicle’s interior and exterior, and of the Vehicle’s odometer. Additionally, the Customer and the Supplier are encouraged to take additional photos of any damages, scratches or other, visually noticeable irregularities on the Vehicle.

            2. These photos are important as they can serve as evidence to prove the state of the Vehicle at the time of Handback. Swapp will use them to evaluate potential complaints and settle disputes, should any of these emerge. 

            3. The pictures will be used to check the kilometer run by the Vehicle and to coordinate the calculation of any applicable surcharges with the Supplier. When it comes to all other photos, both the Customer and the Supplier are advised to keep them for at least 60 days after the end of the Rental period.

4. Adding further notes

   1. The Swapp runner and the Supplier 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 numbers indicated by the Swapp runner and the Supplier.

5. Returning the keys and accessories to the Supplier

   1. The Customer will ensure to return the keys and accessories to the Supplier at the Handback.

   2. Original Vehicle Registration certificate charges in case of loss or damage: AED 500.

6. Raising a claim

   1. Should the Supplier or the Swapp runner notice any damages, scratches or problems with the Vehicle, they should notify the Customer immediately.

   2. If he can, the Supplier should notify the Customer already at the Handback about any claim that he intends to report.

   3. He should also include any evidence (e.g., photos from before and after the Rental) to illustrate the issue and prove the case.

7. Signing the Handback Form 

   1. Once the above steps have been successfully completed, the Customer and the Supplier sign the Handback Form.

   2. This is a standardized document that includes information about the Supplier, the Customer, and the Vehicle. 

   3. The Supplier will bring two (2) hard copies of this document to the Handback meeting. 

   4. If the Supplier is going to raise a claim, he should mention that in the relevant section of the Handback document. The Customer should either acknowledge or dispute his responsibility regarding this claim via the Swapp Platform.

   5. Once the copy is signed by both the Supplier and the Customer), the Swapp runner or Supplier will scan the document and send it to Swapp and to the Supplier and to the Customer by email or via the Platform. 

   6. The orderly filling in and signing of this document marks the successful completion of the Handback process and the end of the Rental period. Therefore, the Customer and Supplier are asked to exercise due care and seriousness when completing it. 

4. Both the Customer and the Supplier must retain their digital or physical copies of the signed Handover Form.

5. If the Customer does not arrive at the Handback meeting within 1 hour from the pre-agreed time and does not notify Swapp about his delay, an application of Late Return Fee of AED 50 per hour may be claimed. 

6. If the Customer is late by more than 1 hour without notifying Swapp, he will be charged 300% of the daily Rental fee for each additional day started before returning the Vehicle. Also, the Supplier shall notify the police and Swapp about the missing Vehicle.
   
   

9. Invoices
   
   

   1. Customer’s perspective

1. Swapp will issue an invoice to the Customer at the beginning of each monthly billing cycle for the Rental Fee paid in the previous monthly billing cycle, for the Rental transaction intermediated through the Platform. The invoice will be made in both English and Arabic languages

2. Swapp will invoice the Customer for other Non-Rental Charges and fines no later than within 31 calendar days from their occurrence on behalf of the Supplier.

3. The Customer will receive this invoice in an email or through the Platform; Customer hereby irrevocably accepts to pay any such fines or Non-Rental Charges.

4. 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.

5. When it comes to Rental services and other fees and charges related to the Rental, the transactions happen between Customer and Supplier. The related invoices are therefore issued by Swapp on behalf of the Supplier who is the service provider. The Supplier and Customer acknowledge and agree that Swapp is not a party to those transactions.

2. 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.
   
   

10. Contacting Swapp

1. Customers can contact Swapp any time before, during, or after the Rental period. Customers can send emails to hello.dubai@joinswapp.com

2. Customers can contact Swapp using the Support function in the bottom right corner of the Platform.
   
   

6. Cancellation of a Booking 

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

   1. The Customer can initiate the cancellation on the Platform in the ”Check your booking” section, by selecting the concerned Booking and clicking “Cancel Booking”. 

   2. The Customer can cancel the Booking free of charge if the Start Date of the Rental is more than seven (7) days away. If the Customer cancels afterwards, he will be charged a Cancellation Fee of 100% of the Daily Rental Fee of the Vehicle.

   3. Had there been any overpayment, the Customer will be reimbursed the amount due to him within 5 working days.

   4. If a credit or coupon was used to pay for the Rental, the Cancellation Fee will be primarily calculated from the total money amount paid. In case the total money amount paid is less than the calculated Cancellation Fee, the Cancellation Fee will be capped at the money amount paid as part of the Rental Fee. 

   5. If the Customer canceled two of his Bookings in the past, then for any additional cancellation with less than 7 days until Handover, he will be charged a High Risk Cancellation Fee equivalent to 200% of the Daily Rental Fee of the Vehicle. 

   6. If the Customer aborts the Handover, he does not have to pay a Cancellation Fee if:

      1. The Handover was aborted for reasons listed in section 5.5.9. of these Terms;

      2. The Customer immediately notified Swapp about the incident;

      3. Swapp finds the Customer’s reasoning legitimate. 

   7. If the Customer aborts the Handover for other reasons and / or does not follow the steps in section 5.5., he will have to pay a Cancellation Fee of 100% of the daily Rental Fee of the Vehicle.

7. Insurance
   
   

   1. General rules and conditions

1. The Customer agrees to take the utmost care of the Vehicle and return it in the same condition as it was in when he took possession of it, save for normal wear and tear deterioration. The Customer is liable for any damage caused to the Vehicle during the Rental period, i.e., from the time he took possession of it at Handover until the time he returned it at Handback. 

2. When a Customer rents a Vehicle on the Platform, the Vehicle under his use is covered by the insurance applicable for the Vehicle. 

3. It is the Suppliers and not Swapp who insure the Vehicles available on the Platform. 

4. 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.

2. Rules applicable to damages

1. If the Customer is not responsible for the damage, he must complete and sign with the third party an accident statement and immediately notify the police. The damage is directly managed between the Supplier’s insurance company and the third party’s insurance company in order to indemnify the Supplier. 

2. If the Customer is responsible for the damage and that type of incident is covered by the Supplier’s insurance policy the Customer pays the value of the damage up to the amount of the Insurance Excess (as defined in section 7.5), and the insurer pays for the rest. That way, the Supplier is covered for any damage caused by the Customers, and the Customers are enabled to pay a reduced amount if they are held liable for the damage. The same applies if the third party responsible for the damage is unidentifiable, or if the third party who caused the damage could have been identified but the Customer did not complete and sign with such a third party an accident statement, or if the third party’s insurance contract does not cover the damage. 

3. If the Customer is responsible for a damage to the Vehicle that is not covered by the Supplier’s insurance (e.g., he disassembles and steals parts or components of the Vehicle) and proven by expert report commissioned and paid for by the Supplier, the Customer is liable for all repair cost, even if they exceed the amount of the Insurance Excess (section 7.5).

4. 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 will pay the cost of transporting the accident vehicle to the workshop or police yard in the concerned Emirate.

5. If during the Handback, the Supplier or the Swapp runner identifies that the Vehicle has been damaged during the rental period and the Customer didn’t report it to Swapp, the Customer will be liable to pay the prorated Rental fee for any extra days while the Vehicle is immobilized for servicing.

3. Exclusion from the insurance coverage

1. 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 

   1. The Vehicle was driven by the Customer who does not fully meet the eligibility requirements set out in section 2.2.4

   2. The Vehicle was driven by the Secondary Driver who does not fully meet the eligibility requirements set out in section 2.2.4

   3. The Vehicle was driven by an individual other than the Customer or the Secondary Driver 

   4. The Customer used the Vehicle for providing taxi, private hire, any other commercial transport or delivery services

   5. The Customer used the Vehicle for racing, or drove the vehicle through waterlogged areas

   6. The Customer used the Vehicle for preparation for or commission of illegal activities with intent

   7. The damage was caused by another vehicle driven by the Customer, his family member or a member of his household

   8. The Vehicle was used to transport a greater number of persons than permitted by the motor vehicle regulations

   9. 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.

   10. The Customer overloaded or exceeded the number of passengers for which the Vehicle is licensed and as mentioned in the registration card

   11. The Customer runs the engine idle which results in an engine failure

   12. 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

   13. 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.

   14. 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.

2. The Handover Form must be completed and signed by both the Customer and Supplier when the Vehicle keys are handed over to the Customer. If this is not the case, the insurance coverage may not apply. 

3. 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.

4. 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.

5. If one of the above mentioned obligations or conditions was breached due to gross negligence, the insurer may be entitled to reduce the insurance coverage in proportion to the severity of the fault. 

6. In case the damages have occurred outside of the geographical scope established under the insurance policy, the insurance coverage will not apply.

7. If through their actions a Customer or Supplier causes the insurance coverage, or any part thereof, to lapse or to be excluded or not to be applied, they hereby accept that they will respectively be held liable for any costs incurred and for any consequences of their actions or omissions, including any damages caused to the Vehicle or to the Supplier or to Swapp or to any third party.

8. If the insurance incident was caused by inadequate maintenance of the Vehicle or where the defects of the Vehicle had existed and had been recognizable at the start of the journey the Supplier will be liable for any costs incurred and for any consequences of their actions or omissions. 

4. Exercising the Insurance in case of damage

1. Both the Supplier and Customer authorize Swapp to handle or get involved in handling the administrative aspects of insurance cases on their behalf.

2. Customers can contact Swapp with all their insurance-related queries.

3. In the event of damage or theft or other insurance incidents, the Customer must contact Swapp as soon as possible, but no later than 24 hours from the time of the incident. Swapp will notify the Supplier within 24 hours. The Customer must also notify the police within 24 hours from the incident.

4. If any individual is injured or if the matter constitutes a risk, the police and emergency services must be notified immediately.

5. Should the Supplier learn about an incident sooner than Swapp, the Supplier must notify Swapp as soon as possible, but no later than 24 hours after his learning of the incident. In the event of theft or embezzlement of the Vehicle, the Supplier must also notify the police within 24 hours from learning about this incident. 

6. Swapp will not deal with any request received after the deadline provided for under sections 7.4.3 or 7.4.5 above as applicable. The Supplier will have to deal directly with the Customer to manage the claim, in which Swapp will not be involved. 

7. The Rental of a Vehicle will cause normal wear and tear. This is not covered by the Insurance. 
   
   

5. Insurance Excess

1. In case where the insurance coverage is applicable, the “Insurance Excess” is the maximum a Customer must pay out-of-pocket for repairs if he is responsible for damage to the Vehicle during a Rental, or if the third party responsible for the damage is unidentifiable, or if no accident statement was signed, or if the third party’s insurance contract does not cover the damage occasioned to the Vehicle. 

2. This means that if the value of the damage is lower than the Insurance Excess, only the amount of the damage can be charged from the Customer’s registered debit or card. 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. 

3. 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 their age, and the duration they have been holding their driving license.

4. The Insurance Excess applies to damages to the exterior of the Vehicle, not to the interior.

5. In case of damage, a Handling Fee is also charged to the Customer. For more details on this see section 10.

6. Any amount collected as Insurance Excess related to an insurance incident is paid to the Supplier in full.

7. By using the Platform, Customers acknowledge and agree that: 

   1. The Customer firmly and irrevocably undertakes to pay the amount of the Insurance Excess due upon the Supplier’s request, with no objections or exceptions;

   2. If the Customer intends to challenge the payment of the Insurance Excess, he may seek reimbursement against the Supplier after having paid it;

   3. Swapp makes its best effort for the payment of legitimately requested Insurance Excess to the Supplier even if the Customer has insufficient funds on his method of payment or Swapp cannot recover the money from the Customer immediately for some other reason. Swapp reserves the right to investigate any insurance case further. Should the result of the investigation indicate a suspicion of fraud, Swapp is entitled to withhold any related payment to the Supplier in part or in full.

8. A Collision and Damage Waiver (CDW) can be requested by the Customer and is subject to availability for the selected vehicle.

9. Customers below the age of 25 can rent Vehicles following approval by the Suppliers. In this case, and unless indicated otherwise by the Supplier, a total fee of 10% of the damages will be charged in addition to the Insurance Excess, to the Customer in case of accident or theft.

10. 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. 

8. Payment authorization, pre-authorization, and administration

1. Payment authorization

1. Customers

   1. The Customer authorizes Swapp to collect the different sums (Rental Fee, Deposit, Insurance Excess, Traffic Penalty, Handling Fees, Non-Rental Charges, etc.) in the name and on behalf of the Supplier.

   2. Swapp uses Stripe as payment service provider to bank the sums collected via the Platform. 

   3. Once the Booking is confirmed by the Supplier, 

      1. The full monthly Rental Fee for the first month of booking is charged to the Customer’s card immediately. As for the Rental Fee applicable for the next calendar month, that will be charged four (4) days prior to the start of the next rental month and so on. 

      2. In case the Customer shortens the Booking period later on, he is eligible for a prorated refund. The refund is due in no more than 45 calendar days once the Handback to the Supplier is completed.

   4. During a Rental, if a payment is declined regardless of the amount, the Vehicle can be immobilized by the Supplier, and the Vehicle recovered by the Supplier, unless the declined payment is settled within two calendar days from the date where the payment was declined. The payments mentioned in this section include the Rental Fees and the Non-Rental Charges. The recovery of the Vehicle by the Supplier carried out in implementation of this clause does not preclude the Supplier and/or Swapp to claim all monies and damages owed by the Customer to the Supplier and/or to Swapp.

   5. The Customer agrees that, should it owe any amount to the Supplier, any payment made by the Customer will always be considered towards paying the outstanding Non-Rental Charges first. 
      
      
      

2. Late Payment Fee

1. Payments are due by the Customer as soon as the payment request is made by Swapp, and must be paid no later than two business days after issuance of the relevant payment request or invoice by Swapp.

2. Any late payment will result in an increase of the amount due by 30%.

3. Any amount not paid within thirty (30) days following Swapp‘s invoice will bear a finance charge at the rate of 5% per month, being due without a notice to this order being necessary.

4. Debt Collection

   1. Swapp and/or the Supplier is entitled to employ outside 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 Supplier’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. 

   2. 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 Supplier 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 Supplier. 

   3. 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 Supplier’s rights against the Customer, a minimum nonrefundable amount of AED 10,000 will be charged to the Customer by Swapp as a provision to cover the costs and expenses so incurred.

3. Penalty Clause

1. In case of 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 a penalty not subject to reduction or modification.

2. The present clause does not waive the right of Swapp to claim further compensation in the event the prejudice is higher than the amount of the penalty clause.

9. Service provision

1. Swapp provides an intermediary service and operates a Platform connecting Suppliers who want to rent out Vehicles and Customers who want to rent Vehicles.

2. For the avoidance of doubt, Swapp does not engage in rental transactions directly. These happen exclusively between the Supplier and the Customer. For the avoidance of doubt, Swapp is not a party to the Rental agreement entered into between the Supplier and the Customer.
   
   

3. Fees of Service

1. 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 Supplier the relevant fees and charges for renting Vehicles from the Supplier. 
   
   

10. Supplier payout, payment adjustment and compensation

1. Swapp collects the Rental Fee from the Customer as per section 8 of these Terms and collects any potential adjustment and compensation on a weekly basis, at the end of each month, or at the end of the Rental period, as per section 10.2 below. 
    

2. Payment adjustments

1. Extra mileage (at the end of each month or at the end of the Rental period)
   
   

   1. At the end of each monthly billing cycle (see section 5.6.8.), the Customer shares the mileage of the car with Swapp. Also, at the end of the Rental period, the Swapp runner or the Supplier carry out a mileage check with the Customer (see section 5.8.).

   2. The Rental Fee may include a kilometer allowance per month, depending on the terms of the rental agreed upon between the Supplier and the Customer. The included kilometer allowance per month is indicated in the listings.

   3. 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 the Supplier. 

   4. The allowance is prorated to the number of days of the Rental within the given month regardless of the duration of the Rental.

   5. The Extra Mileage rates are always displayed on the Vehicle’s page of the Platform.

   6. Additionally, there is a toggle on that page enabling the Customer to set a certain kilometer overrun and see how much Extra Mileage Fee he would be liable for in case of that overrun.

   7. This toggle is for transparency purposes and to enhance Customer experience. It is not a calculator determining the actual Extra Mileage Fee which is done by the Supplier’s staff after the Handover, or at the end of each calendar month.

2. Fuel (at the end of the Rental period)

1. During the Handback meeting, the Swapp runner and/or the Supplier carry out a fuel level check with the Customer (see section 5.8.3.4.4.1).

2. In case the fuel level is different from the one indicated during the Handover, the Supplier will apply an extra charge to the Customer for the Fuel Cost. The Refill Fee is AED 10 in addition to the Fuel Cost.

3. Fuel charges for electric cars:

   1. Returned 100% - AED 0

   2. Returned 75% - 99% - AED 25

   3. Returned 50 -74%%  - AED 50

   4. Returned 25% - 49% - AED 75

   5. Returned Anything below 25% will be AED 125

4. For electric cars:

   1. If Customer suffers a breakdown due to failure to charge, a recovery fee of AED 500 + VAT will be applicable

   2. Customer will be provided with 2 cable charges: 3KW and 11KW, any damages or loss will result in a charge of 3KW AED 4000+ VAT and 11KW AED 1500+VAT.

5. 
   

3. Road tolls (at the end of each month or at the end of the Rental period)

1. All costs associated with the use of paid roads or tolls (including Salik) during a Rental period shall be borne by the Customer.

2. If the Vehicle is equipped with any electronic toll badge and the Customer uses it, the amounts charged on the badge will be invoiced to the Customer by the Supplier, after the Supplier notifies Swapp of such amounts to be charged and sends evidence of the toll fees to Swapp. 

3. The Supplier will invoice the Customer a rate of AED 1 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.
   
   

4. Other Fees (at the end of the Rental period)

1. The Customer agrees that the Supplier can charge different types of fees to his Account in case of certain behaviors or events that are described in this section.

2. Payment of compensation to the Supplier may be subject to the Customer’s prior payment thereof. 

3. The Customer is informed that if the Supplier provides proof of the former’s liability, the Insurance Excess, Traffic Penalty, 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. 
   
   

4. Late Return Fee (at the end of the Rental period)

1. In case the Customer is late to the Handback meeting, the Supplier may charge a Late Return Fee to the Customer. 

   1. If the delay is less than 1 hour, there will be no charge;

   2. If the delay is more than 1 hour compared to the pre agreed meeting time, the Supplier will charge a Late Return Fee of AED 50 / hour.

2. Regardless of the length of the delay, the Customer shall make every effort to notify the Swapp about his delay.

3. The Supplier shall waive the Late Return Fee in legitimate cases, if compelling proof and explanation is provided (e.g., serious accident, medical emergency, etc.). These are subject to case by case evaluation.

4. The Late Return Fee applies up to a maximum of 24 hours (i.e., the maximum amount is AED 1200). 

5. After the first 24 hours, the Supplier will charge the customer 300% of the daily Rental Fee of the Vehicle. 

6. Also, after the first 24 hours, the Supplier must report the Vehicle as stolen to the relevant authorities and must inform his insurance company as well as Swapp immediately. 

5. Smoking Fee (at the end of the Rental period)

1. A non-smoking policy applies for all Vehicles on the Platform, unless explicitly agreed otherwise with the Suppliers. Customers can get in touch with Swapp to review options.

2. Should the Customer violate this policy, the Supplier will charge a Smoking Fee of AED 1,000.

3. The Swapp runner and the Supplier will inspect the car during the Handback, notify the Customer and add a remark about any violation to the Handback form. The Supplier should request the Smoking Fee within 1 hour from the Handback. 

4. On top of the Smoking Fee, the Customer may also be charged a Cleaning Fee.
   
   

6. No Animal Fee (at the end of the Rental period)

1. Transporting pets or other animals is not allowed in any Vehicle rented through the Platform, unless explicitly agreed otherwise with the Supplier. Customers can get in touch with Swapp to review options.

2. Should the Customer violate this policy, the Supplier will charge a No Animal Fee of AED 1,000.

3. The Swapp runner and the Supplier will inspect the car during the Handback, notify the Customer and add a remark about any violation to the Handback form. The Supplier should request the No Animal Fee within 1 hour from the Handback. 

4. On top of the Animal Transportation Fee, the Customer may also be charged a Cleaning Fee

7. Cleaning Fee (at the end of the Rental period)

1. The Customer commits to return a clean Vehicle to the Supplier, as per section 5.8.

2. Should the Customer fail to do so, the Supplier will charge a Cleaning Fee of AED 250.

3. Should the Vehicle require chemical or other special cleaning where the costs may exceed AED 250, the Customer will be charged for these extra costs too, provided that the Supplier is able to prove the legitimate need for this special cleaning (e.g. photos, description, other evidence) and provide an invoice.

4. The Swapp runner and the Supplier will inspect the car during Handback, notify the Customer and add a remark about the cleanliness of the Vehicle to the Handback form. The Supplier will request the Cleaning Fee within 1 hour from the Handback. 

5. The Customer is charged a Handling Fee amounting to AED 10, on top of the Cleaning Fee.
   
   

8. Handling Fee for driving and parking tickets (on a weekly, or monthly basis, or at the end of the Rental period or earlier at Swapp’s discretion)

1. Traffic Penalties (such as tickets and fines) will be invoiced within 90 days from the end of the Rental, except as otherwise provided under section 10.2.4.8.2.2. below. Should the Supplier be notified of any Traffic Penalty after this 90 days’ period, the Customer shall be invoiced for such Traffic Penalty within 30 days from the date of notification of said Traffic Penalty.

2. The Customer is charged a Handling Fee on top of the actual fine or ticket:

   1. Of 12.5% of the fine or ticket amount for driving and parking tickets or fines of similar nature received by the Supplier for an offense that happened during his Rental, with a minimum fee of 45 AED. This fee is to compensate the Supplier and Swapp for the extra admin effort.

   2. Payments of tickets and fines under 500 AED will be charged automatically to the Customer’s saved payment method. Swapp may reach out to customers for tickets and fines exceeding 500 AED within the next business day.

9. Repatriation Fee (at the end of the Rental period)

1. At the end of a Rental (and outside the cases of accident or breakdown of the Vehicle), the Customer must return the Vehicle to the Swapp runner and Supplier at a pre-approved Handback location by the Swapp team. Otherwise, the following compensation and fees will apply:

2. Repatriations will be handled by the Supplier and invoiced to the Customer.

10. Delivery Fee (at the beginning and at the end of the Rental period)

1. At the start and at the end of a Rental (and outside the cases of accident or breakdown of the Vehicle), the Swapp runner and the Supplier will collect the Vehicle from the location specified by the Customer as a Handover or Handback location. The following fees will apply for each event (Handover or Handback):

2. An additional 100 AED will be charged for delivery or collection on Sundays or public holidays.

3. The Delivery Fee may be waived to the Customer depending on seasonal promotions.

11. Handling Fee for damages (at the end of the Rental period)

1. In the event of a claim filed by the Supplier against the Customer regarding a damage caused to the Vehicle, the Customer may be liable up to the amount of the Insurance Excess (see section 7.5). 

2. If the Customer is held liable for damage caused to third parties with a Vehicle during a Rental without having reported it to Swapp, the Customer may be liable up to the amount of the Insurance Excess (see section 7.5) and for a Handling Fee of AED 250. 

3. An AED 250 Handling Fee is applied against the Customer if he is held responsible for a breakdown of the Vehicle according to the report of an expert commissioned by the Supplier. Regarding the expert, the Supplier can hire one at his own cost if he chooses so. If the independent expert’s report then shows that the Customer is liable for the breakdown, the costs for the report will be charged to the Customer and the Supplier will be reimbursed.

4. In case of Pilot Error (such as wrong fuel, broken keys, etc.), the Customer will be liable for the repair or replacement costs, including all other associated costs (e.g., towing the Vehicle from A to B), and a Handling Fee of AED 250. 

12. Other Fees

    1. The following other fees may be charged to the Customer where incurred by Supplier during the Rental in relation to the Vehicle: Court costs, congestion charges, fixed daily penalty charges, costs or charges relating to repossession of the Vehicle.

    2. Original key will be charged in case of loss or damage as advised by the Supplier.

11. Intellectual Property

1. 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). 

2. The Users undertake not to infringe Swapp’s intellectual property rights. 

3. The Customers and Suppliers may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any of the Platform’s features or do any action with the effect of infringing on the intellectual property rights of Swapp or third parties. 

4. The Users expressly agree: 

   1. To use the Platform for the sole purpose of using the Services; 

   2. Not to infringe any intellectual property rights (including brands) of Swapp or any third parties on the elements uploaded to the Platform; 

   3. Not to replicate, attempt to replicate, whether directly or indirectly any elements of the Platform; modify in any manner or form or to use modified versions of the Platform or any element of the Platform;

   4. 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;

   5. Not to attempt to gain unauthorized access to the Platform or the Services;

   6. To keep their Account and Login details private, and to make every effort to ensure that no third party can access the latter; 

   7. To immediately notify Swapp of the loss, disclosure or access by a third party of their Account and Login details. 

5. 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.

6. The Users grant Swapp a non-exclusive license to use the following content and data provided in connection with their use of the Services and which is necessary to execute the Services (i.e., personal information made available to enable Bookings) 

   1. For all Users:

      1. Name, 

      2. Picture if any is given. 

   2. For Customers: 

      1. Year of driver’s license, 

      2. Rating and reviews on Vehicles.

   3. To enable the execution of Services by Swapp, User authorizes Swapp for the entire term of their contractual relationship with Swapp to: 

      1. Reproduce and represent all or part of such User-generated Content on any digital medium, in any format and by any process, to the extent necessary for the storage, backup, transmission or download related to the Platform and the provision of the Services; 

      2. Adapt and translate such User-generated Content, as well as change the formatting of the User-generated Content for the purpose of following the graphic and/or making it technically compatible for publication on the Platform.

12. Liability
     

    1. Users acknowledge and agree that the Platform and the Services are provided on an as-is basis. 

    2. Swapp shall not be held liable for the incorrect functioning of the Platform or Service, including their lack of availability. 

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

       1. They are aware of the risks of services provided online and their actions on the internet; 

       2. It is their responsibility to take all necessary measures to ensure that their equipment allows them to access the Platform and use the Service; 

       3. It is their responsibility to take the appropriate measures to protect their own data, property and/or equipment from viruses. 

       4. Swapp can in no case guarantee the solvency of Users, even when the pre-authorization is used. 

       5. The User acknowledges and agrees that Swapp is not obliged to carry out a background check of its Users. Swapp reserves the right to verify User records and documents at its sole discretion, to the extent permitted by applicable law. 

       6. As a digital platform, Swapp’s role is limited exclusively to connecting Suppliers with Customers. Given that Swapp is not a party to the Rentals, it will not rent out Vehicles via the Platform or the Service. Swapp is a third independent party to the contractual relationship formed between Customer and the Supplier in relation to each Rental.

       7. Swapp assumes no liability in case of factual errors in content provided by Suppliers and posted on the Platform, including Vehicle specification sheets, availability, pictures, or similar. 

       8. Accordingly, Swapp cannot be held liable for any damage suffered or caused by the Customer or the Supplier using a Vehicle rented via the Platform. 

       9. Moreover, Swapp cannot be held liable for a User’s non-compliance with any applicable regulation. 

       10. More generally, Swapp can in no way be responsible for indirect or incidental damages caused to Customers or Suppliers in the execution of these Terms and the Rental Agreements. 

       11. The Supplier and the Customer shall indemnify 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 Supplier and/or Customer in relation to the violation of the Terms, the Services or the Platform. 

       12. The Supplier and the Customer shall indemnify, defend and hold Swapp, 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.

13. Availability of the Platform and Services 

1. 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. 

2. 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”). 

3. Swapp will inform the Users of any Maintenance, at the earliest opportunity and with at least 24 hours’ notice prior to its occurrence. 

4. In any event, Swapp will make its best efforts to ensure the Platform and/or the Service function correctly as soon as possible. 

5. When using the Platform and the Services, Swapp’s customer support is available to the Users through the Platform.

14. Personal data

1. Swapp is responsible for processing the Users’ Personal Data collected through the Users’ use of the Platform and/or Services. 

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

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

    1. The Terms are entered into for an unspecified period of time (without term).

    2. Swapp has the ordinary right to terminate the Terms at any time by giving notice at least thirty days in advance.

    3. The notice period shall not apply and the termination shall produce immediate effect, if Swapp:

       1. has a legal or regulatory obligation to terminate this agreement in a manner which does not allow it to respect that notice period; or

       2. exercises a right of termination under an imperative reason pursuant to national law; or

       3. can demonstrate that the User has repeatedly infringed any of the applicable terms and conditions; or

       4. is aware that the User has become insolvent or has initiated any liquidation or bankruptcy proceeding or any proceeding similar in nature.

    4. 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.

    5. 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.

    6. 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.

    7. 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).

    8. Swapp will provide the User with the opportunity to clarify the facts and circumstances that led to the restriction, suspension or termination.

    9. 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.

    10. 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.

    11. The termination of the Terms will not affect:

        1. any accrued rights of either party, including any right to receive any payments due but unpaid before the termination; or

        2. obligations, which are expressed to survive the termination.

    12. 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.

    13. The User benefits from the Service subject to compliance with the Terms, as well as any applicable laws or regulations. 

    14. 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. 

    15. 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. 

    16. 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.

    17. 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 or any other amount due beyond 7 calendar days from the due date, 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.

16. Modification of the Terms 

1. Swapp updates characteristics and features of the Platform and the Services to ensure their operation and quality. Swapp therefore reserves the right to update the Terms anytime, by uploading the revised version on the Terms on their Platform.

2. Any changes will be notified on a durable medium within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days from notification. Swapp will grant longer notice periods when this is necessary to allow technical or commercial adaptations to comply with the changes. This 15 days’ notice period shall not apply where Swapp:

   1. (a) is subject to a legal or regulatory obligation which requires it to change its terms and conditions in a manner which does not allow it to respect the 15 days’ notice period;

   2. (b) has 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.

3. If a User does not agree to the updated Terms, he should communicate his non agreement to Swapp in order for Swapp to terminate the Terms with the User and discontinue the User’s use of the Platform.

4. 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.

5. 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.

6. The Terms applicable to each Booking with the Platform are those accessible online at the time of acceptance of the Booking by the Supplier. 

7. 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.

17. Miscellaneous 
    
    

    1. 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. 

    2. 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. 

    3. 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.

    4. 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.

    5. 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.

    6. Where versions of these Terms exist in any other language, the English version shall prevail. 

    7. For the execution of the Terms, the Parties choose the following addresses for service: 

       1. For Swapp, at the address of its registered office, indicated in the legal notice; 

       2. For the User, at the address provided upon registration.

18. Applicable law, jurisdiction, and mediation

    1. These Terms are governed by the laws of the United Arab Emirates (“UAE”) 

    2. Any Customer may file complaints about our Services within the Platform.

    3. 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.

    4. 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.