Cario Terms of Service

Thank you for signing up with Cario! This document sets out contractual terms for your participation in the marketplace. The terms are legally binding on you, so it’s important that you read and understand them.

Below are the general terms that apply to all users of the Cario marketplace, as well as those terms that apply specifically to owners and to renters.

Thank you for your interest in Cario!

The Cario Team

Terms of Service

Last revised: August 3rd, 2016

Terms of Service

The following terms apply to each member (including car renters and car owners) of the Cario marketplace:

Cario provides a marketplace that enables car sharing services between car owners and car renters. Cario does not provide car rental service and is not responsible for any of the acts or omissions of any of the users of its marketplace, the car manufacturer or any third party provider of services (E.G. IN-CAR GPS or other system). Except as expressly provided in these terms of service, Cario hereby disclaims any warranty of any kind with respect to the cars and other products and services provided by or through Cario, whether such warranties are express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose and non-infringement. Cario makes no warranty that the service will be uninterrupted or secure or that any defects or errors will be corrected. Use of the service and any cars rented through the marketplace, is at your own risk. No advice or information whether oral or written, obtained by you from Cario will create any express warranty.

In no event will Cario be liable to you for indirect, consequential, exemplary, special or incidental damages even if advised of the possibility of such damages.

2. Registration and Verification. When you sign-up for various services offered by Cario, you will provide certain information about yourself (e.g. information concerning your car, driving record, etc.). You promise to provide complete and accurate information to Cario. Cario will use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable. You hereby authorize Cario to request, receive, use and store such information for a reasonable period of time. Cario may accept or reject your registration application in its discretion for any reason.

3. On-going Information Updates. You promise to update the information you have provided to Cario in the event of any changes to your driving record or contact information. Specifically with respect to your contact information, Cario may deliver notices to you at the most recent email and billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account or receive mail at that address. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure. Cario may use and share your information to third parties such as insurance companies.

4. Your Commitments. You agree that you will always use the marketplace in compliance with the terms of these terms of service and any other policies and standards provided to you by Cario. You promise Cario that you have the legal right to enter into these terms of service and to use the marketplace. You promise that your activities with Cario won’t violate anyone else’s rights. You also agree to comply with all applicable laws and regulations.

5. Protection. During the applicable rental period confirmed with Cario, Cario will notify the insurance company on behalf of the vehicle owner regarding the insurance. Making sure the insurance is valid is ultimately on the owner's responsibility. The insurance is comparable with standard car rental insurance in Iceland. Insurance amount is included in the car rental price. If you have further questions about the insurance or your own personal insurance policies, you should contact your insurance professional. If you still have questions regarding the insurance, please contact us at cario@cario.com and we will connect you with an insurance specialist.

6. Termination. You may discontinue your use of the Cario marketplace at any time and Cario may terminate your access to the Cario marketplace for any reason or no reason. Termination of access to the marketplace will not release either party from any obligations incurred prior to the termination and Cario may retain and continue to use for its own internal purposes any information previously provided by you. Termination of these terms of service will not have any effect on the disclaimers, waiver or liability limitations provided under these terms of service and all of those terms will survive any termination of these terms of service.

Terms for Renters

The following Sections 6-12 apply if you rent a car using the Cario marketplace:

6. Information provided to Cario. As part of establishing and maintaining your status as a car sharer through the Cario marketplace, you will need to provide certain information about yourself and your driving record. You need to have a valid driving license and be at least 25 years of age. You have authorized Cario to obtain your driving record and other applicable reports at any time, in order to verify that you meet the eligibility requirements of the marketplace. You understand and agree that Cario may periodically request additional verification of eligibility and proper verification of usage from you as a renter. Cario may, subject to the terms of these terms of service retain and continue to use for its own internal purposes any information previously provided by you. Any failure to disclose car-related violations, accidents or other material information is grounds for immediate rejection or termination of your membership.

You agree to return all accessories of the vehicle in the same condition as they were in at the beginning of the rental period, except for normal wear and tear from normal use. You will return the vehicle with all the accessories and in the same condition it was rented. It has to be returned at the time and place agreed upon in the signed agreement. The tank has to be full of fuel, if not extra charges will be added.

7. Fees and Losses. You are responsible for paying all fees when they come due in connection with your use of the marketplace. You authorize Cario to charge any payment cards on file in your account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for payment of usage fees from the start of your rental period until the time you return the car. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines) incurred during the rental period.

With regard to damage, losses, or other liabilities, you acknowledge that any personal insurance you have available to you (e.g., personal auto insurance, insurance from credit cards, etc.) will be the primary source of funds for your liabilities hereunder and the insurance of the car owner will not be available to you until your personal insurance has been exhausted. In addition, the insurance may not be available to you in the event you breach your obligations under these terms of service (e.g. if you drive a vehicle while under the influence of drugs or alcohol). Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses or other liabilities relating to your rental activities through the Cario marketplace. You agree that in the event damage is reported, Cario may immediately charge you up to the amount. Nothing in these terms of service is intended to limit your responsibilities or Cario’s legal rights in connection with your use of the marketplace (or any vehicles rented through the marketplace).

You acknowledge that Cario may require and hold a deposit for up to 250.000 Iceland króna as part of the reservation of a car, and that if a deposit is required, you will be affirmatively notified by Cario and have the option to make the deposit or cancel your reservation.

8. Use of the Car. When you rent a car through Cario, you may use the car only for your personal use and not for any commercial purposes (e.g. running a taxi service). You must return the car on time and to the correct location. You must exercise reasonable care in your use of the car. In the event Cario has any concern about your use of a vehicle, Cario may terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the owner. You are required to wear seatbelts during the operation of the car and to require that all of your passengers wear seatbelts as well. You are also required to meet any laws or regulations concerning car seats and other protections for young passengers.

You will be fully responsible for any claims, loss or damage related to your misuse of a car. Renters also acknowledge that using a vehicle in a prohibited manner may lower the renter's liability coverage to state minimum limits or nullify coverage, where allowed by applicable state law, and may furthermore nullify any comprehensive or collision protection.

9. Condition of the Car. You understand that the cars offered though the Cario marketplace are owned by private individuals and are not owned or maintained by Cario. Each owner is responsible for maintaining and repairing the car(s) they offer through the marketplace in a roadworthy condition and is ultimately responsible for the condition of the car at the beginning of the rental period. Please complete a visual inspection of any rented car before you begin your use of the car. If you find damage in your initial inspection, you must take note of it with supporting photographs in the agreement you sign, to avoid any confusion about your role in the cause of the damage, or you may be held liable for any damage. If you find damage on your initial inspection and fail to report it, Cario may assume that the damage occurred during your rental period. If the car is not as showed on the marketplace and you do not wish to rent it please contact Cario.

10. Incident Reporting. You must fill out an incident report on site, an incident report should be located in the glove compartment. You must also report any damage to the car owner which will then report to Cario at cario@cario.com, or +354 544 4200. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Cario insurance partners. You are also required to cooperate in any loss investigation conducted by Cario, our claims administrators, or insurers. Failure to timely report an incident may reduce or invalidate protection provided by Cario insurance partners.

11. Insurance. In addition to the terms in Section 5 above:

You are fully responsible for paying any damages not covered by our insurance partners, as well as insurance deductibles, fees, expenses, liens, and fines arising out of your use of a Cario car. If Cario advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to Cario’s schedule for re-payment of those amounts to Cario.

12. Waiver. Cario provides a marketplace to allow car owners and renters to connect in an easy and efficient way. Except as expressly provided in these terms of service, Cario and the applicable car owner do not intend to take liability with respect to your use of the Cario marketplace or the applicable car(s). As such, you waive any and all rights you have to sue or make claims against Cario and its respective directors, officers, agents or employees and the car owner. Your use of this marketplace including, without limitation, a car not being available when it was supposed to be, any malfunction of or deficiency in a car, any breach of warranty or other obligation by any manufacturer or other third party, any personal injury or property damage suffered by you or any of your passengers and, in the case of the Cario parties, any actions or inaction of the car owner. Your waiver does not extend to any damages or losses resulting from any party’s gross negligence or wilful misconduct.

Terms for Owners

The following Sections 13-16 apply if you rent out your car through the Cario marketplace:

13. Information Given at Registration. When you sign-up for Cario, you will identify a particular passenger car(s) that you want to list for rent through the marketplace. Each car must meet the Cario requirement. It will also have to be approved by the relevant insurance partner. You may only use the marketplace in connection with cars that you own or otherwise have all the necessary rights and permissions to rent out.

14. Car Availability. You need to make sure you select only dates when your car is available for rental. Once you have received a reservation confirmation and your car is booked you are required to make the car available as expected by the renter. You must also include the location of the handover of the car on your profile page and ensure that the car is available at that location at the beginning of the rental period.

15. Rental Fees. You will have the ability to set and revise the vehicle’s rental rates as you choose. Cario will pay you the amount collected from those who rent your car, less the applicable fees payable to Cario. You acknowledge that Cario’s fees may change from time to time. Currently the owner gets paid 75% of the total income and 25% commission. The fees that apply to you will be the same as posted on the Cario site at the time of the applicable rental. Cario will pay you all of the fees due to you within thirty (30) of the end of the applicable month. To the extent you owe Cario money for any reason or there is any kind of a debute, Cario reserves the right to deduct those amounts from your payment. Please note that you are fully responsible for all taxes relating to or arising out of your activities under these terms of service.

16. Maintenance. You are required to regularly check your car for any defects in its operations or safety and have your car inspected. You promise that, at all times, your car will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable state inspection and registration requirements. You agree to respond to any recall or similar safety notices and to complete any recommended action promptly. Cario reserves the right to refrain from listing your car on the marketplace until its concerns have been resolved.

Cario is not responsible for any personal property, including any after-market installations (e.g. equipment racks), that is taken from your car or damaged during a rental period. We recommend that you remove all personal property before making the car available for a reservation. In addition, you should expect normal wear and tear on your car, including minor scrapes and dings, in connection with your participation in the marketplace. Cario will not reimburse you for normal wear and tear to your car.