Terms of service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

• Introduction
• Eligilibity, registration, verification
• Fees, taxes
• Your commitments
• Content
• Prohibited activities
• Other legal matters
• Specific terms for guests
• Specific terms for hosts
• Dispute resolution
• General provisions

Introduction

Tchaorot (“Tchaorot”, “we”, or “us”), provides an online car sharing platform that connects vehicle owners with travelers and locals seeking to book those vehicles. Tchaorot is accessible online including at Tchaorot.com and as an application for mobile devices. The Tchaorot websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Tchaorot users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Tchaorot.

These Terms, together with the cancellation policy, nondiscrimination policy, applicable insurance terms and certificates, roadside assistance terms, and the additional policies (together, the “Policies”) constitute the “Agreement” between you and Tchaorot (each a “Party” and together, “the Parties”). In addition, Tchaorot provides a Car Sharing Agreement that summarizes the terms of each reservation, accessible in the Services for any booked or previous trips and you may use it as proof of a reservation.

Modification.

Tchaorot reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Tchaorot Account within 30 days. If you choose to close your Tchaorot Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.

Eligibility, registration, verification

Eligibility

The Services are intended solely for guests who meet our eligibility requirements in the location where the vehicle is booked and hosts who are 21 or older to list eligible vehicles in Thailand. Any use of the Services by anyone that does not meet these eligibility requirements is expressly prohibited.

Registration

To access certain features of the Services, you must sign up for an account with us (a “Tchaorot Account”). You can create a Tchaorot Account by providing us your first and last name, email address, mobile phone number, and creating a password or connecting through an account with a third-party site or service (including Facebook, and Google). When you book a vehicle as a traveler or guest (“guest”), you provide us with certain additional information about yourself. Similarly, when you list a vehicle as a vehicle owner or host (“host”), you provide us with certain additional information about yourself and your vehicle(s) (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your Tchaorot Account up to date at all times. Based on information you provide, Tchaorot may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements).

Verification

Where permitted, Tchaorot has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to help verify the identities or check the backgrounds of users, including driving history and driver’s license validity and verify vehicle details. Tchaorot does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. Tchaorot may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Tchaorot to request, receive, use, and store such information. Tchaorot may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. Tchaorot may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles shared via the Services. Rather, hosts have sole responsibility to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our vehicle eligibility requirements.

Fees, taxes

Fees

The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your trip at checkout before you submit your trip request.

Taxes

Your commitments

You agree that you will always use your Tchaorot Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Tchaorot.

Account Activity.

You are, and will be solely responsible for, all activity that occurs through your Tchaorot Account. Keep your Tchaorot Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Tchaorot Account, whether you have authorized such activities or actions. You will immediately notify Tchaorot of any actual or suspected unauthorized use of your Tchaorot Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Tchaorot Account unless you have reported unauthorized access to us.

Content

Tchaorot Content and User Content License.

Subject to your compliance with the provisions of these Terms, Tchaorot grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Tchaorot and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tchaorot or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content.

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or trip. By making available any content on or through the Services, or through Tchaorot promotional campaigns, you grant Tchaorot a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to Tchaorot photography provided to hosts, Tchaorot does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

Copyright protection.

We respond to notices of alleged copyright infringement and terminate Tchaorot Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices here.

Google terms.

Some areas of the Services implement Google Maps/Places mapping services, including Google Places API. In addition, to fight spam and abuse of the Services, Tchaorot has implemented reCAPTCHA Enterprise, a Google service. By using the Services, you are bound by Google's Terms of Service.

Prohibited activities

In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:

Violate any law, including:

• Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights
• Post false, inaccurate, misleading, defamatory, or libelous content
• Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Tchaorot, or that comes from the Services and belongs to another Tchaorot user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Tchaorot

Dilute, tarnish, or otherwise harm the Tchaorot brand in any way, including:

• Through unauthorized use of the Services and/or user content
• Registering and/or using "Tchaorot" or derivative terms in domain names, trade names, trademarks, or otherwise
• Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Tchaorot domains, trademarks, taglines, promotional campaigns, or Tchaorot and/or user content

Provide or submit any false or misleading information, including:

• False name, date of birth, driver’s license details, payment method, insurance, or other personal information
• In relation to a claim (for example about damage to a vehicle)
• By registering for a Tchaorot Account on behalf of an individual other than yourself or the company you represent
• Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity

Fail to honor your commitments, including:

• Fail to pay fees, penalties, or other amounts owed to Tchaorot or another user
• Fail, as either a guest or host, to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason
• Use the Services to find a host or guest, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by Tchaorot (aka, gray market transactions, which do not necessarily require the exchange of money)
• Transfer your Tchaorot Account and/or user ID to another party without our consent
• Leave a vehicle unlocked or running with the keys inside, except where instructed to do so directly by Tchaorot in certain limited circumstances

Harm or threaten to harm users of our community, including:

• Harass, stalk, or defame any other Tchaorot user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host or guest in accordance with these Terms
• Engage in physically or verbally abusive or threatening conduct
• Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers
• Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the Tchaorot community
• Sue or assert legal claims against Tchaorot or a Tchaorot user in any manner prohibited or waived by these Terms

Use the Services for your own unrelated purposes, including to:

• Contact another Tchaorot user for any purpose other than in relation to a booking, vehicle, listing, or the use of the Services by such user
• Commercialize any content found on the Services or software associated with the Services, including reviews
• Harvest or otherwise collect information about users without their and our consent
• Recruit or otherwise solicit any user to join third-party services or websites that are competitive to Tchaorot, without our prior written approval

Interfere with the operation of the Services, including by:

• Interfering with any other user’s listings
• Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
• Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm Tchaorot or the interests or property of others
• Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure
• Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise
• Using, displaying, mirroring, or framing the Services or any individual element within the Services, the Tchaorot name, any Tchaorot trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of Tchaorot
• Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers
• Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures
• Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Tchaorot or any of our service providers or any other third party (including another user) to protect the Services
• Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information
• Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
• Endeavoring to circumvent a suspension, termination, or closure of your Tchaorot Account or the account of another Tchaorot user, including, but not limited to, creating a new Tchaorot Account or listing vehicles affiliated with or registered to a Tchaorot Account holder that has been suspended, terminated, or closed

Other legal matters

Violations

Tchaorot has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.

Tchaorot reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Tchaorot, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing Tchaorot, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Tchaorot Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.

Policy enforcement.

When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.

Communication.

You agree that Tchaorot may contact you by electronic means (e.g., electronic mail; notifications via Tchaorot messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We will not place such calls for marketing purposes. Rather, we may only place such calls or texts to confirm your signup, provide notices regarding your Tchaorot Account or Tchaorot Account activity, investigate or prevent fraud, collect a debt owed to us or recover unpaid invoices, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Tchaorot is required to obtain your consent for such communications, you may choose to revoke your consent. You agree that Tchaorot may contact you on any day, at any time of day, and in relation with the above purposes.

You authorize Tchaorot and our service providers, without further notice, to monitor or record telephone conversations or web chat interactions you have, or anyone acting on your behalf has, with Tchaorot or its agents for quality control, training, or other purposes. You understand and agree that your communications with Tchaorot may be overheard, monitored, or recorded. If you do not wish to have your call recorded, please contact us instead in writing through help.Tchaorot.com. If you do not wish to have your chat activity recorded or monitored, please do not use the chat function on the Services.

Non-disparagement.

The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.

Insurance and protection plans.

Tchaorot is not an insurance company and does not insure hosts or guests.

Disclaimer:

Tchaorot cannot be held liable for any issues or disputes arising from vehicle rentals. Tchaorot acts solely as a platform connecting individuals who wish to rent vehicles. All responsibility regarding the rental agreement, including any issues or damages, lies solely between the vehicle owner and the renter. In the event of a dispute, resolution must be sought directly between the vehicle owner and the renter.

Specific terms for guests

The following sections also apply if you book a vehicle using the Services:

Guest commitments

As a guest, you commit that you will be a legally licensed driver and provide proof to the host or via the Services of a current, valid driver’s license. You will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked.

Primary guests may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle on Tchaorot, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with Tchaorot to make a claim for coverage under any policy of insurance that applies to the loss.

The primary guest can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booked trip by choosing a protection plan on the Services. The limitation on the amount a primary guest may have to pay out of pocket included in any protection plan only applies if the primary guest and any Approved Driver abide by these Terms and to physical damage that is not mechanical or interior damage.

Use of the vehicle

When you book a vehicle on the Services, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Uber or Lyft or delivering food or other packages) unless you have express written permission from the Tchaorot Legal Department in advance or as otherwise described here. You may not access a vehicle until the trip start time and you must return the vehicle on time and to the correct location. You must present the host with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are always required to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Tchaorot has any concern about your use of a vehicle, Tchaorot may terminate your trip in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the host. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact help.Tchaorot.com. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided.

Guests also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.

Telematics notice and release.

Vehicles booked on Tchaorot may have features or an on-board device that may monitor the state of the vehicle from moment to moment, during a trip. The non-personal information collected by the features or on-board device may include, for example, a vehicle’s condition; damage and accident records; performance, operation, and diagnostic data; and information on mileage, acceleration, velocity, fuel consumption, fuel level, tire pressure, odometer, location and direction, and other vehicle information (“Vehicle Data”). Use of the features or on-board device is subject to the terms and conditions posted by the vehicle manufacturer or technology provider, which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information, and user responsibilities. Unless prohibited by law, you authorize the use or disclosure of or access to the Vehicle Data and you shall inform any Approved Driver and passengers of the terms of this section. You release the host and agree to indemnify, defend and hold harmless host, operator of the features or on-board devices, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation you, an Approved Driver, and passengers) or property caused by failure of the features or on-board device to operate properly or otherwise arising from the use of the feature or on-board device by you, an Approved Driver, or passengers.

Condition of the vehicle and optional Extras

You understand that third parties own the vehicles and Extras offered through the Services. Each host is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation as described here to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Tchaorot, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; instead, please contact the Tchaorot team immediately

No responsibility for shared vehicles or personal belongings

You acknowledge that Tchaorot is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the Services. Rather, hosts have sole responsibility to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our vehicle eligibility requirements. You also acknowledge and agree that neither Tchaorot nor hosts are responsible for lost or stolen property left in any vehicle or taken or damaged during a trip.

Incident reporting

Where you elected for a protection plan when booking your trip via the Services, you must immediately report any damage to the vehicle you are using to Tchaorot , if there has been a collision, you must also make a report to the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Tchaorot or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Tchaorot, third party claims administrators, or insurers. After an incident involving anything more than minor vehicle damage (e.g., small dent or scratch), you may not continue to use the vehicle unless you have the explicit permission of Tchaorot staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.

Vehicle theft

The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:

• If you fail to return the vehicle you booked at the time and place agreed upon with the host and/or designated in your reservation
• If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services as set forth here
• If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the host. Any damage to, or loss or theft of, a vehicle occurring prior to the host inspecting the vehicle upon return at the end of the reservation is the guest’s responsibility
• If you misrepresent facts to the host pertaining to booking, use, or operation of vehicle
• If the vehicle’s interior components, and, in France, the mandatory safety equipment, are stolen or damaged, or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period
• If you fail or refuse to communicate in good faith with the host, police, Tchaorot, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism
• If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, who has obtained the keys without permission of the host, or who misrepresents or withholds facts to/from the host or Tchaorot material to the booking, use, or operation of vehicle
• The primary guest who books the reservation is responsible for any private investigation costs Tchaorot deems necessary to recover a vehicle that is not returned. In addition, a 20.000Thb case administration fee will be imposed on the primary guest if Tchaorot and/or the host has to report a vehicle as stolen to law enforcement due to it not being returned.

Repossession.

Tchaorot, a hired agent of Tchaorot, or the host may repossess any vehicle booked through the Services without demand, at the guest’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.

Missing Vehicles.

If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, Tchaorot, and other authorities in all matters related to the investigation.

Specific terms for hosts

The following sections also apply if you share your vehicle through the Services:

Host commitments

As a host, you commit that you will provide a safe and legally registered and insured vehicle, with current license plates, with a clean (non-salvage/branded/written off) title, and in good mechanical condition. You will provide such vehicle on time but only to a guest who is listed on the Services as an Approved Driver for the trip. Other than what is required for you to verify a guest’s driver’s license, you will not collect any information or documentation from your guest at check-in, including guest personal auto insurance. You commit that your listings will be complete and accurate and you will honor all representations made in your listings, including honoring the price quoted to a guest. In the event of a vehicle swap, you will not require a guest to accept a higher priced vehicle or force an unwanted vehicle upgrade. You will not cancel a booking for the purpose of seeking a higher price from a guest. You will not offer any vehicle or optional Extra that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. If your vehicle is subject to a lease, loan, or other financing agreement, you must confirm sharing your vehicle on Tchaorot does not violate the terms of the contract with the lienholder. You will not offer any Extra that is not safe, clean, and acceptable for the use it is intended. You will not offer any vehicle that is the subject of a missing or stolen vehicle report. You will not offer any vehicle that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer a vehicle that is not roadworthy (i.e., not “street legal”) in the location where it is shared, and it will not have any illegal modifications to any part of the vehicle. You will remove any firearms or other weapons from your vehicle prior to providing it to a guest. You will repay loans related to your Tchaorot business on time and in full. When you direct Tchaorot to retrieve your account information from third parties, including but not limited to toll agencies, you grant Tchaorot a limited power of attorney to access the third-party services to retrieve such account information; Tchaorot will be acting as your agent and will not be acting on behalf of the third party.

Insurance Responsibility:

The vehicle owner is responsible for verifying that their insurance policy permits the rental of the vehicle. If their current insurance does not cover rentals, the owner must obtain appropriate coverage to allow the rental of their vehicle. In the event of any insurance-related issues, the vehicle owner will bear full responsibility.

Vehicle information given at listing

When you sign up for Tchaorot, you will identify passenger vehicle(s) that you want to list for sharing through the Services. Each vehicle must meet the requirements found here. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation. If the vehicle you list on the Services is enabled with a device or OEM technology capable of determining location of the vehicle, collecting telematics data, disabling technology, or image capturing you agree to comply with the requirements for tracking and technology devices and applicable law.

Listing only on the Services

In the United States and Australia, any vehicle you list on the Services must be exclusively listed on the Services. You cannot list any vehicles you intend to share on the Services on any other car sharing marketplace. Failure to abide by this condition may result in fines, penalties, denial of physical damage claims, removal of the vehicle from the Services, account closure, or other action, in Tchaorot’s sole discretion. Learn more about this policy here.

Tchaorot photography

Tchaorot may offer hosts the option of having photographers take photographs of their vehicles and/or hosts with their vehicles (“Images”). You alone are responsible for using the Images in connection with your Tchaorot listing and you agree that you will cease using the Images if they no longer accurately represent your vehicle. You agree that Tchaorot is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or Tchaorot’s ownership or registration thereof. You acknowledge that Tchaorot may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the Tchaorot photography program, you agree that you will not use the Images in connection with sharing your vehicle on any platform, website, or application other than Tchaorot. At Tchaorot’s request, you will execute documents and take such further acts as Tchaorot may reasonably request to assist Tchaorot to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.

Vehicle availability

Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the guest. If you offer the guest the option to pick up your vehicle at a persistent specified location, you mustsupply the location of the vehicle accurately to Tchaorot and ensure that the vehicle is available at that location at the beginning of the reservation period. In order to qualify for available protection plans, you must verify that a prospective guest has a current, valid driver’s license before you provide the guest your vehicle, and ensure the driver’s license matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on a facially valid driver’s license.

Pricing, earnings, and payments

You will have the ability to set and revise the vehicle’s pricing as you choose. Tchaorot will pay you the amount collected from guests that book your vehicle, less the applicable fees payable to Tchaorot. To the extent you owe Tchaorot or any third party lender money for any reason, Tchaorot also reserves the right to deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.

Payment Processing.

In Thailand, payments are provided by bank transfer or QRCODE. Your vehicle will only receive the "Rented" status when the customer has paid for the rental to Tchaorot services. At the end of the rental, when the customer has returned the keys to your vehicle, you will have to validate the receipt of your vehicle. At this time, Tchaorot will make a bank transfer of the rental amount less the vehicle management fee, within 24 hours.

Airport delivery: personal vehicle sharing regulations

Some airports where you offer delivery may take the position that you must have a permit to use airport premises and remit fees. While Tchaorot does not believe that rental car permits should apply to peer-to-peer car sharing, not all airport authorities agree with this position. There is personal vehicle sharing legislation that may apply to you.

Maintenance

You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements, including any required safety inspections. You will only list vehicles with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be booked. In addition, if Tchaorot believes that your vehicle does not conform to reasonable standards, Tchaorot may notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. Tchaorot may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Services. Learn more about our vehicle eligibility requirements here.

Dispute resolution

Tchaorot operates solely as a platform connecting customers seeking to rent vehicles with vehicle owners. Tchaorot assumes no responsibility for any disputes, claims, or issues arising from the rental process. All complaints or claims must be resolved directly between the customer and the vehicle owner.

General provisions

Termination

You may discontinue your use of the Services at any time and Tchaorot may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and Tchaorot may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.

No vehicle transfer or assignment

Except as otherwise provided herein, guests and hosts agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle or optional Extras shared through the Services.

Disclaimers

TCHAOROT PROVIDES SERVICES THAT ENABLE THE SHARING OF VEHICLES AND OPTIONAL EXTRAS BETWEEN HOSTS AND GUESTS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, TCHAOROT DOES NOT ITSELF PROVIDE VEHICLE SHARING, RENTAL SERVICES, AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE VEHICLE OR ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE GPS OR OTHER SYSTEMS).

THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, TCHAOROT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Tchaorot makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Tchaorot makes no warranty regarding the quality of any listings, vehicles, hosts, guests, Extras, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Tchaorot, Tchaorot Insurance Agency, or its service providers or through the Services or content, will create any warranty not expressly made herein.

Limitation of liability and waiver

EXCEPT WHERE PROHIBITED BY LAW, YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST TCHAOROT AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS), OR EMPLOYEES (TOGETHER, THE “TCHAOROT PARTIES”) AND ANY TCHAOROT USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: VEHICLE AVAILABILITY (E.G., A VEHICLE NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), PROBLEMS WITH A VEHICLE (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A VEHICLE), VEHICLE WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE VEHICLE), THE LEGAL OR LICENSE STATUS OF A VEHICLE, HOST, OR GUEST, THIRD PARTY ASSESSMENTS OF A VEHICLE'S VALUE, OR ANY ACTION OR INACTION OF A HOST OR GUEST.

YOU AGREE THAT NEITHER TCHAOROT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES.

Except for our obligations to pay amounts to applicable hosts or guests pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will the Tchaorot Parties' aggregate liability arising out of or in connection with the Agreement or your use of the Services, exceed the greater of (1) the amounts you have paid or owe for bookings via the Services as a guest in the twelve month period prior to the event giving rise to the liability, or if you are a host, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (2) US$100.

EXCEPT WHERE PROHIBITED BY LAW, YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY TCHAOROT USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

Idemnification

You agree to release, defend, indemnify, and hold Tchaorot and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of a vehicle or creation of a listing for a vehicle. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a vehicle or optional Extra. This indemnification provision is a fundamental element of the basis of the bargain between Tchaorot and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Liquidated damages

You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for Tchaorot to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the Tchaorot domains, trademarks, or taglines without Tchaorot's express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words, (3) suing or asserting legal claims against the Tchaorot Parties or a Tchaorot user in any manner prohibited or waived herein, (4) as a host, sharing your vehicle via the Services with expired registration stickers or without current registration paperwork in the vehicle, (5) as a host, offering any vehicle that is the subject of a missing or stolen vehicle report, (6) as a host, offering any vehicle or releasing a vehicle to a guest that is not roadworthy or is otherwise in an unsafe condition, (7) as a host, cancel or modify a trip to manipulate the price or potential earnings for a vehicle, or (8) creating or using a Tchaorot account that has the effect of circumventing Tchaorot’s suspension, termination, or closure of another Tchaorot account.

You will pay Tchaorot 200,000Thb per breach in Liquidated Damages to compensate Tchaorot for any such conduct.

This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult to estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between Tchaorot and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Not a rental car company; no vehicle leasing

Tchaorot is not a rental car company. It does not own a fleet of vehicles and is not in the business of renting vehicles to the public. Tchaorot also is not providing short- or long-term vehicle leases. Tchaorot provides an online platform where vehicle owners and those in need of a vehicle can meet and share vehicles amongst themselves subject to these Terms.

Rounding off; currency

Tchaorot may, in its sole discretion, round up or down amounts that are payable from or to hosts or guests to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) unless explicitly prohibited under applicable law. The currency displayed on the Services is based on the search location, vehicle location, and/or host location.

Severability and non-waiver

In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.

General

Tchaorot does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Tchaorot and Tchaorot will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms. The Agreement, including these Terms, states the entire understanding between you and Tchaorot concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your vehicles on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Tchaorot. You will remain responsible for your obligations hereunder in any event. A Tchaorot director or officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such section.