Terms and Conditions

GECKOLOGISTICS S.A. DE C.V., with registered address at Las Palmas 140, Colonia Villa Las Flores, Puerto Vallarta, Jalisco, C.P. 48335 (hereinafter, “The Company”), is the owner and administrator of the website geckorentcar.com (hereinafter, “the Site”). The Site offers an online reservation service for vehicles without a driver (hereinafter, “the Service”), intended for users over 21 years of age and with legal capacity to contract. Use of the Site is free of charge; however, the actual rental of vehicles involves service costs that will be specified when making the reservation. By accessing and using the Site, you (hereinafter, “the User”) fully accept these Terms and Conditions of Use, as well as our Privacy Notice and other applicable policies. If the User does not agree with these terms, they must refrain from using the Site or the Service. The Company reserves the right to modify The Company reserves the right to modify these Terms and Conditions at any time; modifications will take effect upon publication on the Site, and the User is advised to review their content periodically. The User acknowledges that continued use of the Site after the publication of changes implies acceptance of such changes.

1. Access to the Site

The Company makes the Site available to Users for browsing, consulting information, and reserving vehicles online. Access to the Site is free and open to Users, with no prior registration required for simple browsing. However, in order to use the vehicle reservation Service, Users must provide certain personal data and comply with the established requirements (see section 3). The User declares that they are over 21 years of age, that they have the legal capacity to enter into binding agreements and, where applicable, that they have a valid driver’s license that entitles them to drive vehicles in Mexico. If the User is under 21 years of age or does not have legal capacity, they must refrain from using the vehicle reservation service.

The Company makes every effort to keep the Site available and in proper working order. However, it does not guarantee that the Site will operate without interruption or be error-free at all times, nor that the information provided is free of technical inaccuracies or typographical errors. The Company reserves the right to temporarily suspend access to the Site for maintenance, system improvements, or due to force majeure, endeavoring—whenever possible—to inform Users in advance of such suspensions. Access to the Site from the User’s devices requires an internet connection and compatible equipment; the User is responsible for ensuring these conditions and acknowledges that any costs incurred by their internet provider are their responsibility.

2. User Code of Conduct

By using the Site, the User agrees to do so in a lawful and appropriate manner, respecting applicable regulations, morality, and good customs. In particular, the User undertakes:

• Not to use the Site for illegal, fraudulent, or unauthorized purposes, or to upload, transmit, or disseminate content that is defamatory, obscene, misleading, violent, or infringes on the rights of third parties.
• Not damaging, disabling, or deteriorating the Site or the services, computer systems, or networks connected to it, nor attempting to gain unauthorized access to any sections, other users’ accounts, systems, or networks of the Company through brute force attacks, reverse engineering, introduction of viruses, malware, or other malicious code.
• Do not impersonate other people or provide false information when using the Site or making reservations. The User must provide truthful, accurate, and complete information in the forms they fill out, and is responsible for updating their information when necessary.
• Do not reproduce, duplicate, copy, sell, or commercially exploit any part of the Site or the Service, or access to it, without the express written permission of the Company.
• Respect any additional instructions and conditions of use that the Company may establish on the Site for certain sections, services, or content. Failure by the User to comply with this Code of Conduct may result in the suspension of their access to the Site, the cancellation of reservations made, and/or the termination of the provision of the Service, as determined by the Company in accordance with section 11 of these terms. The User shall be liable for any damages that their misuse of the Site may cause to the Company or to third parties, and undertakes to hold the Company harmless from any claim or proceedings arising from such misuse.

3. Vehicle Reservations and User Requirements

• Reservation service: The Site allows the User to reserve motor vehicles without a driver for temporary use (rental), according to the availability and conditions specified for each type of vehicle. It is not necessary to create a user account to browse the Site, but when making a reservation, certain information and minimum requirements will be requested. The User declares and guarantees that, when making a reservation: (a) they are over 21 years of age and have full legal capacity legal capacity, (b) they have a valid driver’s license to drive in Mexico according to the type of vehicle to be rented, and (c) they comply with the other legal and specific requirements of the Service (for example, presenting official physical identification, covering the deposit or guarantee that may be required when picking up the vehicle, etc.). The Company reserves the right to request the necessary supporting documentation in physical form at the time of delivery of the vehicle, and to reject or cancel the reservation if the User does not meet the established requirements (age, license, identification, etc.), as indicated in section 11.
• Personal data collected: Upon completing the reservation process on the Site, the User’s personal data will be collected, which may include: first name, last name, age range, phone number, email address, city of origin, and any other information necessary to manage the reservation and provide the Service. The User agrees to provide accurate and current information. This data will be processed in accordance with our Privacy Policy and Privacy Notice (see section 9), in compliance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties. By providing their data for the reservation, the User consents to the Company using it for the purpose of processing their reservation request, contacting them in relation to it, and providing them with the requested Service, as well as for the additional compatible purposes indicated in the Privacy Notice (for example, statistical or service improvement purposes, where applicable). The Company will implement technical and administrative security measures to protect the User’s personal information and ensure its confidentiality.
• Reservation process: The User must follow the process indicated on the Site to select the desired vehicle, rental dates and times, delivery/pick-up location, and provide the requested information. Before confirming the reservation, the Site will display a summary of the request, including the vehicle’s characteristics, applicable rate, possible additional charges, and the estimated total amount. The User must verify that the transaction reflects their intention to reserve the vehicle under the indicated conditions and then accept these Terms and Conditions (by checking the box or clicking “Accept” when prompted) to proceed. Upon completing the request, the User will receive a reservation confirmation via email. The reservation is considered confirmed only when the User receives confirmation from the Site and the company and grants the User the right to rent the vehicle under the agreed conditions, provided that they meet the requirements at the time of delivery (see section 11 on possible cancellations). In the event of any discrepancy or error in the confirmation, the User must notify the Company as soon as possible.
• Scope of the reservation: Confirmation of the reservation does not imply the immediate conclusion of a rental agreement, but rather a preliminary agreement subject to verification of requirements and signing of the physical contract at the time of vehicle delivery. The Vehicle Rental Contract will be signed by the User (lessee) and the Company (lessor) when the User comes to pick up the reserved vehicle, and said contract will contain the specific terms of the rental (such as the condition of the vehicle, the obligations of the parties, insurance coverage, security deposit, etc.). The User is advised to read the rental agreement carefully before signing it. In the event of a discrepancy between the terms summarized in the booking confirmation and the terms of the rental agreement, the latter shall prevail; if the User identifies any significant differences, they must notify the Company before signing the agreement. The Company shall not be liable if the User is unable to formalize the rental agreement for reasons attributable to the User, such as incomplete documentation, non-payment, or failure to meet age or license requirements.

4. Payments and Accepted Cards

• Service Costs: Use of the Site to browse vehicles and make reservations is free of charge. However, vehicle rental is subject to the payment of applicable rates and charges, which will be clearly stated before and during the reservation process (e.g., rate per day or per period, applicable taxes, optional insurance, charges for additional services, etc.). Unless otherwise indicated, all rates are expressed in Mexican pesos (MXN) and already include applicable taxes (e.g., VAT) in accordance with current tax legislation, in accordance with the price transparency policy required by consumer protection regulations. In the event that additional charges apply (e.g., charge for returning the vehicle to a different location, missing fuel, penalties for late return, damages not covered by insurance, etc.), these items will be set out in the rental agreement and/or in the booking confirmation for the User’s information.
• Form and timing of payment: Payment of the rental may be made at the time of picking up the vehicle (start of the rental period) at the office or designated location, or through the prepayment options that the Company may offer on the Site or by telephone (if such a method exists, the User will be expressly informed during the reservation). In either case, the User is obligated to pay the total amount of the agreed rental and any required security deposit, using the payment methods accepted by the Company. Currently, the Company accepts cash payments (local currency) and Visa or MasterCard credit or debit cards in the name of the User who made the reservation. American Express and Discover credit cards, as well as cards issued by BBVA, are not accepted for either the payment of the rent or the security deposit. This policy is based on the Company’s operational criteria and may be updated; the list of available payment methods and restrictions will be visible on the Site at the time of booking. (Note: If the Company enables online payments, the credit/debit card information provided by the User will be handled with the appropriate security and encryption measures; see section 9 regarding the processing of financial data.)
• Payment policy: If the User chooses to prepay all or part of the rental fee through the Website (when this option is available) or other electronic means before the vehicle is delivered, the charge will be made at the time of booking confirmation, for the amount indicated. This prepayment will be credited to the rental balance; any remaining difference must be paid when picking up the vehicle. If the User fails to show up to pick up the vehicle at the agreed date and time, or cancels the reservation outside the permitted time frame (see section 8 if any cancellation policy applies), the Company may apply no-show policies or cancellation fees as stated in the rate (if applicable). On the other hand, if payment is made directly at the start of the rental (payment at destination), the User must settle the entire rental and associated charges before receiving the vehicle, in accordance with the rental agreement.
• Authorization and receipts: By providing card details for payment (either online or in person), the User guarantees that they are the legitimate holder of the payment method and authorizes the Company to make the charges corresponding to the rental and other legitimate charges arising from the contract (e.g., extension of rental days, traffic fines, insurance deductibles in case of damage, etc., in accordance with the rental contract). The Company will issue tax receipts (electronic invoice (e.g., rental day extensions, traffic fines, insurance deductibles in case of damage, etc., in accordance with the rental agreement). The Company will issue the corresponding tax receipts (electronic invoice CFDI) for the payments made, if the User requests it and provides the necessary tax information, in compliance with Mexican tax regulations. In the event of payment rejection or unjustified chargeback by the User, the Company may consider the reservation as non-guaranteed or cancel the contract, reserving the right to take appropriate legal or collection action to recover the amounts due.

5. Proper Use of the Vehicle

This clause establishes the User’s obligations regarding the proper use of the rented vehicle. By entering into the rental agreement and taking possession of the vehicle, the User (Renter) agrees to use the vehicle in a diligent, prudent manner and in accordance with its nature, following all traffic regulations and applicable legislation. Some essential rules for the correct use of the vehicle are as follows:

• Purpose and legality: The User must use the vehicle exclusively for lawful purposes and under normal conditions of personal transportation. It is strictly prohibited to use the vehicle for illegal activities, for the transport of illegal goods, unauthorized commercial purposes (e.g., as a taxi or passenger transport via a platform, without permission), in speed competitions, endurance tests, extreme driving training, or to push/tow other vehicles (unless the unit is equipped and authorized to do so).
• Authorized driver: Only the User (and any additional drivers expressly authorized in the rental agreement, if any) are authorized to drive the vehicle. The User is not permitted to sublease, lend, or transfer the vehicle to third parties not authorized in the agreement. Additional drivers, if permitted, must also meet the age and license requirements. The primary User assumes joint and several liability for the driving of any registered additional driver.
• Care and maintenance: The User must take care of the vehicle and its accessories, keeping it in good condition during the rental period. They must protect it against damage, theft, vandalism, or misuse, and immediately report any incident (mechanical failure, warning signs, accident, theft, etc.) to the Company. It is prohibited to alter or tamper with the mechanical or electrical systems of the vehicle; in the event of a failure, the User must notify the Company to receive assistance, refraining from attempting repairs on their own without authorization; it is also prohibited to smoke any type of substance inside the vehicle, and if the vehicle is returned with related odors, a cleaning fee will be charged.
• Driving conditions: The User must not drive under the influence of alcohol, drugs, narcotics, medications that affect their ability to drive, or in a state of extreme fatigue, in accordance with applicable traffic laws. Likewise, the User agrees to respect the speed limits and other traffic regulations in force in the jurisdictions where the vehicle is driven. It is prohibited to use the vehicle outside of appropriate roads (for example, driving off-road if the vehicle is not designed for this purpose) or to take it out of the country without the Company’s written authorization.
• Cargo and passengers: The User must not exceed the passenger capacity or weight indicated for the vehicle. Any cargo transported must be securely stowed. It is prohibited to transport hazardous or flammable materials (beyond quantities for domestic use), firearms (unless legally permitted), or live animals without adequate containment and authorization.
• Fuel and tires: Unless otherwise agreed, the vehicle is delivered with a certain fuel level and must be returned in the same condition (see rental agreement for details on fuel). The User is responsible for filling up with the correct type of fuel. It is prohibited to drive the vehicle with tires in poor condition or with punctures; in the event of a flat or damaged tire, the User must stop and replace it with a spare or notify the Company. The User shall cover the costs of damage to tires if negligence or improper use (potholes taken at high speed, overloading, etc.) is proven, as established in the contract and corresponding policy.

The User acknowledges that any misuse or violation of these rules may constitute a serious breach of the rental agreement, which could result in early termination of the rental and loss of any applicable insurance coverage. In particular if the User breaches the agreed terms or “misuses” the vehicle (for example, driving under the influence of alcohol or in prohibited activities), the protections or insurance contracted may be invalidated, and the User will be fully liable for any damages or losses incurred. In addition, the User shall be liable for all traffic fines, violations, or legal penalties resulting from the operation of the vehicle during the rental period, also assuming any related expenses (tow trucks, impound fees, legal assistance, etc.) if necessary. The Company will provide the User with basic information on the correct use of the vehicle upon delivery (location of tools, safety equipment, etc.) and on relevant restrictions; it is the User’s duty to follow these instructions. Any questions about the operation or limitations of the vehicle should be consulted with the Company.

6. Intellectual Property

All content and elements that form part of the Site (including, but not limited to: text, descriptions, photographs, graphics, logos, icons, images, audio and video clips, software, source code, designs, functionality features, as well as the selection, arrangement, and presentation thereof) are the exclusive property of the Company, or the Company has the necessary rights and licenses for their use. All content hosted within the geckorentcar.com domain is private and protected by national and international intellectual property laws, including the Federal Copyright Law and the Industrial Property Law in force in Mexico, among others. Consequently, any form of reproduction, distribution, transmission, publication, making available, modification, total or partial copying, sale, resale, exploitation, or creation of derivative works based on the content of the Site is strictly prohibited without the prior express written authorization of the Company.

Simply accessing or using the Site does not grant the User any right or license to the copyrights, trademarks, trade names, logos, or other distinctive signs contained therein. The trademarks “Gecko Rent Car” and derivatives of “GECKOLOGISTICS S.A. de C.V.”, their logos, and any other graphic or denominative signs associated with the Site and the Service are registered trademarks and/or trade names owned by the Company (or granted under license), and their use by third parties without consent is therefore prohibited. Similarly, the software and computer code that enable the Site to function are the property of the Company or its suppliers and are protected. The User undertakes not to violate or remove any copyright notices, trademarks, or other notices of reserved rights that appear on the Site.

Any unauthorized use of the content or materials on the Site will be considered a violation of these Terms and the intellectual property rights of The Company, and may result in civil or criminal action as appropriate under the law. The Company does not grant any license or authorization to use its intellectual property rights or any other property or rights related to the Site, except to the extent necessary for the use of the Site and the Service under the terms of this agreement. In this regard, the Company grants the User a limited, revocable, and non-exclusive license to use the Site solely for the purpose of making inquiries and reservations in accordance with these Terms. Any other use is prohibited.

reservations in accordance with these Terms. Any other use is prohibited.

7. Limitation of Liability

• Scope of website liability: The Company makes reasonable efforts to ensure that the information presented on the Site is correct and up to date; however, the Site and its contents are provided “as is” and “as available,” without express or implied warranties of any kind as to its accuracy, reliability, completeness, or timeliness. The Company does not warrant that (a) the Site will fully meet the User’s expectations or be suitable for a particular purpose, (b) access to the Site will be continuous, timely, secure, or error-free at all times, or (c) any defects in the Site or its contents will be corrected within a specific time frame. To the extent permitted by law, the Company assumes no liability for damages or losses arising from the use or inability to use the Site, including, without limitation, damages for business interruption, loss of data, computer viruses, failures in the User’s system or network, or other damage to the User’s computer system. The User acknowledges that use of the Site is at their own risk.
• Technical failures and obvious errors: The Company shall not be liable for technical failures, operational errors, or availability issues with the Site that are beyond its reasonable control (e.g., internet outages, cyber-attacks, acts of God, or force majeure). Furthermore, although the Company endeavors to ensure that the information on rates, availability, and vehicle characteristics is correct, obvious errors in data entry or publication may occur (e.g., a clearly erroneous price due to a system or typographical error). In such cases, the Company reserves the right to correct the information and cancel any reservation made under an erroneous condition, without liability to the Company, notifying the User of the situation. The Company is not responsible for pricing, typographical, or other errors in the published information and may cancel reservations resulting from such errors. If the User has made any advance payment for a reservation canceled due to an obvious error, the Company will refund the full amount paid as the sole remedy in favor of the User.
• Terms of service and third-party exemption: The legal relationship for vehicle rental shall be understood to be formalized directly between the User (Renter) and the Company (Rental Company) at the time of signing the rental agreement. The Company shall fulfill its obligations to provide the Service in accordance with these Terms and the rental agreement; however, its liability shall be limited to the fulfillment of such obligations and shall not extend to events attributable exclusively to the User or third parties. In particular, the Company assumes no responsibility for the actions or omissions of third-party providers indirectly involved in the operation (e.g., online payment platforms, web hosting services, etc.), nor for events beyond its control, including delays or non-compliance resulting from provisions of authorities, labor disputes, natural disasters, acts of vandalism, or any other cases of force majeure. Any warranty or condition not expressly set forth in these Terms is excluded to the fullest extent permitted by law.
• Insurance coverage and risks of the User: As part of the Service, the Company may offer insurance coverage (civil liability insurance, property damage, theft, medical expenses, etc.) included in or additional to the rental, the specific conditions of which will be detailed in the rental agreement and/or the corresponding policy. The Company’s liability to the User in the event of accidents during the rental period shall be limited to the amounts and circumstances actually covered by said insurance policies. The User acknowledges that purchasing standard or optional coverage does not exempt them from liability in all cases; if the accident or damage is caused by misuse, breach of contract, or serious intentional/negligent act by the User, the insurance coverage may be void, and the User will be fully liable for the resulting damages, losses, and costs. For example, events typically excluded from coverage (such as driving while intoxicated, use outside authorized roads, or failure to comply with the terms of the contract) will leave the User solely responsible. The Company shall not be liable to the User or third parties for denial of coverage or insufficiency of coverage in such cases, beyond what the policy itself covers. The User is advised to review the insurance conditions offered and, if desired, to purchase additional coverage on their own. Additionally, the Company is not responsible for personal items that the User or their companions leave or transport in the vehicle during the rental; such items travel at the User’s own risk. In the event of mechanical breakdowns of the vehicle not attributable to misuse by the User, the Company will provide assistance (see section 8) but will not be liable for any indirect damages caused to the User (e.g., delays in travel plans). No provision of these Terms limits or excludes the Company’s liability for acts of bad faith, fraud, or any other liability that cannot be legally excluded or limited under applicable law. However, to the extent permitted by law, the Company’s total aggregate liability, if any, shall be limited to the amount actually paid by the User for the rental of the vehicle giving rise to the claim.

8. Returns and Exchanges

This section describes the Company’s policy regarding returns, exchanges, or refunds related to vehicle rentals, where applicable. Given that the Service provided is the temporary rental of an asset (vehicle), a product “return” policy does not apply as such, but scenarios are contemplated in which a change of unit or adjustments to the provision of the service are appropriate:

• Vehicle exchange due to mechanical failure not attributable to the User: If, during the rental period, the vehicle experiences a mechanical failure or malfunction not attributable to negligent or improper use by the User, the User must immediately notify the Company. The Company undertakes to provide assistance and, if possible, offer the User a replacement vehicle with similar characteristics, at no additional cost, for the remainder of the rental contract. This free replacement will only apply when the cause of the failure is accidental or inherent to the vehicle (e.g., spontaneous mechanical failures, manufacturing defects, normal wear and tear) and not due to misuse, an accident caused by the User, or negligence on the part of the User (in which case the insurance conditions and charges applicable to the User will apply). The replacement of the vehicle will be subject to the availability of vehicles in the location and on the date of the event; the Company will make every effort to minimize service interruption. If a replacement unit is not immediately available, the Company may choose to repair the vehicle as soon as possible or, if the repair will take time, agree with the User to terminate the contract early with a proportional refund of the unused rental. These will be the only remedies available to the User in such a situation, without prejudice to the inalienable rights conferred by law. Likewise, and if applicable, the User must cover the cost of the missing fuel in the unit that presents the fault.
• Vehicle defect at the start of the rental: Similarly, if upon receiving the vehicle the User detects any condition that prevents its safe or proper use (e.g., major malfunction, warning lights on, etc.), they must report it immediately before driving away with the vehicle. The Company will proceed to inspect the vehicle and, if a pre-existing fault not caused by the User is confirmed, will offer another unit in good condition as a replacement, at no extra charge, or, failing that, if there is no availability, the User will be reimbursed for any amount paid and the transaction will be canceled without penalty to the User. It is understood that a simple discrepancy in minor characteristics (such as the color of the car or non-essential aesthetic details) does not qualify as a fault that warrants a change, as reservations are guaranteed by vehicle category and not by exact make/model, unless otherwise specified.
• Reservation cancellation policy: If the User wishes to cancel a confirmed reservation before the start of the rental, they must notify the Company as soon as possible through the contact channels provided (telephone, email, or option on the Website, depending on availability). In general, the Company does not charge a penalty for cancellations made at least 24 hours prior to the scheduled date/time of vehicle delivery (“free cancellation” policy), so in such cases any advance payment made by the User will be refunded in full. If the cancellation occurs less than 24 hours in advance, or the User does not show up (“no show”) on the date of the reservation without notifying of cancellation, the Company reserves the right to apply a compensatory charge equivalent to one day’s rental or the amount of the advance payment (whichever is less) for administrative and opportunity costs, as indicated in the rate conditions at the time of booking. These specific cancellation conditions will be communicated to the User during the booking process, in compliance with the Federal Consumer Protection Law regarding cancellation fees.
• Early termination or cancellation due to misuse: If the rental must be terminated early due to breaches by the User—for example, due to improper use of the vehicle resulting in its immobilization or impoundment by the authorities, due to an accident caused by gross negligence, or due to non-payment of additional charges—there will be no right to a refund for the unused portion of the rental, and the Company may repossess the vehicle in accordance with the contract. This does not limit the Company’s right to claim additional damages, if any.
• Return of the vehicle: The User agrees to return the vehicle at the end of the agreed rental period, at the agreed location and time, unless the User requests and the Company formally authorizes an extension of the term. At the time of return, the condition of the vehicle will be inspected. If new damage or missing items attributable to the User are found, the corresponding charges will be generated in accordance with the contract (e.g., insurance deductibles, replacement of missing fuel, special cleaning if applicable, etc.). If the return is made satisfactorily without incident, the User will be released from additional obligations (and, if applicable, the security deposit will be refunded in accordance with the contract, if there are no items to be deducted). This Return and Exchange Policy seeks to balance consumer rights with the nature of the chauffeurless rental service, complying with the provisions of the Federal Consumer Protection Law regarding service guarantees and no charges for services not rendered. In any case not expressly provided for in this section, the conditions established in the rental agreement and applicable regulations shall prevail.

9. Personal Data Protection and Privacy

The Company is committed to protecting the User’s personal data, in accordance with the Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP) and other applicable regulations in Mexico. In the context of the Site and the provision of the Service, the Company acts as the controller of the personal data that the User may provide, such as first name, last name, age (range), telephone number, email address, city of origin, payment information (if collected for prepaid services), and any other data necessary for the reservation and contracting of the vehicle rental service.

• Privacy Notice: The Company maintains a comprehensive Privacy Notice, available for consultation on the Site (either in the “Privacy Notice” section or via a visible link at the bottom of the page), which details information regarding the processing of personal data, the primary and secondary purposes, the security measures implemented, and the mechanisms for the data subject to exercise their rights. This Privacy Notice complies with the requirements of the LFPDPPP and is mandatory. By providing your personal data through the Site, you consent to the processing of such data as described in the current Privacy Notice, so it is important that you read it carefully. If the User does not agree with the Privacy Notice or these Terms regarding personal data, they must refrain from sending their data and/or using the Service.
• Purposes of processing: The User’s personal data will be used primarily for the following primary purposes: (i) to manage, process, and confirm vehicle reservations requested by the User; (ii) to integrate the rental agreement and comply with the obligations arising from the legal relationship between the User and the Company; (iii) to contact the User in the event of any incident or relevant information regarding their reservation or rental (e.g., delivery/return reminders, changes in availability, emergencies, etc.); (iv) to verify compliance with requirements (e.g., validation of identity and age through documentation presented when picking up the vehicle); and (v) to invoice and collect payment for the contracted services. Additionally, on a secondary basis and for statistical or service improvement purposes, the Company may use aggregated or dissociated User data to analyze the performance of its platform, usage habits, satisfaction surveys, and promotional activities. Any secondary purpose (e.g., sending commercial communications, offers, or newsletters) will be duly communicated to the User in Privacy Notice, giving them the opportunity to express their opposition if they so wish.
• Confidentiality and security: The Company does not share, sell, or rent the User’s personal data to third parties outside the Company’s corporate group, except in cases permitted by law or required for the provision of the service (e.g., communicating necessary data to the insurance company with which the vehicle policy is contracted, to payment processing providers, or to competent authorities that request it in the exercise of their legal functions). In any necessary data transfer, the formalities and guarantees required by the LFPDPPP to protect User data will be observed. The Company has adopted administrative, technical, and physical security measures to protect personal data against damage, loss, alteration, destruction, or unauthorized use, access, or processing. Creditample, credit card information (if collected) is encrypted and handled under PCI-DSS security standards, and personal data in our databases is restricted to authorized personnel who need it for the purposes described.
• ARCO Rights: In compliance with the LFPDPPP, the User (data owner) has the right to Access, Rectify, Cancel, or Oppose the processing of their personal data, as well as to revoke their consent when appropriate. These rights, commonly known as ARCO Rights, allow the User to: know what data we have about them and under what conditions (Access); request the correction of inaccurate or outdated data (Rectification); request the deletion of their data from our databases when they consider that it is not being processed in accordance with the law or is no longer necessary (Cancellation); or oppose the use of their data for specific purposes (Opposition). To exercise any of these rights, the User must follow the procedure set out in the Privacy Notice, which will generally involve sending a request to the Company’s Personal Data Department (whose contact details are indicated in the Notice), accompanied by the documentation required by law to prove their identity and clearly stating the right they wish to exercise. The Company will respond to such requests within the time limits established by law and through the response channels provided (e.g., email or the method indicated by the User). If the User wishes to limit the use or disclosure of their data (for example, to stop receiving promotional communications), they may also request this through the aforementioned means.
• Data retention: The User’s personal data will be retained only for as long as necessary to fulfill the purposes described and comply with applicable legal obligations. This means that, as a general rule, the data from a reservation or rental agreement will be retained for the duration of the contractual relationship and, subsequently, for the period required by tax, commercial, and data protection laws. This means that, as a general rule, the data from a reservation or rental agreement will be retained for the duration of the contractual relationship and, subsequently, for the period required by tax, commercial, and consumer protection laws to address potential liabilities (for example, 5 years in accordance with certain provisions). Once this period has expired, the data will be duly deleted or anonymized from our records.

The Company recognizes the importance of privacy and personal data protection. Users may address any questions or concerns regarding the handling of their personal data or our Privacy Notice to the contact channels provided (telephone or customer service email regarding personal data). Likewise, if the User considers that there has been a violation of their rights in this regard, they have the right to file a complaint with the INAI (National Institute for Transparency, Access to Information, and Protection of Personal Data), in accordance with the law.

10. Cookie Policy

The Site uses cookies and similar technologies to improve the User’s browsing experience and to obtain statistical information about the use of the Site. Cookies are small data files that the website server sends to the User’s device (web browser) and are stored on it, allowing certain data to be remembered in the User’s interactions with the Site. For example, cookies can remember the User’s preferred language, the content of a reservation in progress, or collect anonymous traffic data to understand how our Site is used. These cookies facilitate the use of the site by saving preferences while the User browses.

The Company recognizes and respects the privacy of the User and therefore does not use cookies to obtain personally identifiable information without their consent. Under no circumstances do cookies allow us to access information stored on the User’s device other than that which the User voluntarily provides. Cookies do not extract personal information on their own, nor do they execute programs or viruses. The information collected by our cookies is technical and statistical in nature, relating to the pages visited, browsing time, sections consulted, assigned IP (internet protocol) address, browser type, device used, etc., and is used to improve the functioning of the Site, detect and correct problems, and optimize our services and content based on usage trends.

• Types of cookies used: On the Site, we may use session cookies, which are temporary and are deleted when you close your browser (for example, to maintain the User’s session when browsing different pages of the Site), as well as persistent cookies that remain for a defined period (for example, to remember the User’s preferences on future visits). We may also use cookies from third-party providers, such as Google Analytics cookies or other analytical tools, which collect aggregate information about how visitors use the Site, without personally identifying users. Our Privacy Notice or specific Cookies section (if any) may provide further details about the third-party cookies in use and their corresponding policies.
• Consent to the use of cookies: When accessing the Site for the first time, the User is informed of the use of cookies through a visible notice. If the User continues to browse the Site without disabling them, we understand that they consent to the use of these cookies for the purposes described. However, the User has the right at any time to configure their browser to reject or delete cookies, including ours. Please note that by disabling cookies, some features of the Site may be affected or unavailable (for example, the Site may not “remember” certain settings, or it may not be possible to keep items in a reservation cart). To manage cookies, Users can consult their browser’s privacy options, which are usually found in the “Settings” or “Preferences” sections, under the privacy or security section (for example, in Chrome: Settings > Privacy and security > Cookies; in Firefox: Options > Privacy and Security > Cookies and site data).
• Web beacons and other technologies: In addition to cookies, the Site or emails sent to the User may contain small transparent images or code fragments called “web beacons” or “pixel tags.” These technologies perform functions similar to cookies, allowing us to count visitors who have viewed a page or email, or to verify certain browsing patterns. The information obtained through web beacons is also statistical in nature and in no case seeks to personally identify the User, but rather to measure the effectiveness of our communications or the use of the Site.

The Company does not require the User to accept cookies for basic use of the Site (except for technical cookies necessary for essential functioning). The User is free to accept or reject cookies and may always revoke their consent by deleting the cookies stored in their browser. For more information about our Cookie Policy or any concerns related to online privacy, the User may consult the Privacy Notice or contact us through the means provided.

11. Termination of Service

Without prejudice to any other legal actions that may be applicable, the Company reserves the right to suspend or terminate, in whole or in part, the User’s access to the Site or the provision of the rental Service, immediately and without any liability, if, in the opinion of the Company, the User breaches these Terms and Conditions or the obligations of the rental agreement. Breach of any of the provisions of these Terms shall result in the immediate termination of the services provided to the User. In particular, the Company may terminate the relationship with the User (and cancel pending reservations or demand the immediate return of the rented vehicle) in the following cases, including but not limited to:

• Improper or illegal use of the vehicle or the Site: If the User violates section 5 (Proper Use of the Vehicle) – for example, by using the vehicle in prohibited activities, causing intentional damage, driving under the influence, allowing unauthorized third parties to drive, etc. – the Company may terminate the rental agreement immediately. Similarly, if the User uses the Site for fraudulent purposes, commits payment fraud, attempts to damage the platform (see section 2), or engages in any activity that puts the Company or other users at risk, the Company may block their access to the Site and future services.
• Failure to meet payment obligations: If the User fails to pay the rental fee or any associated charges in accordance with the agreed terms (for example, fails to pay the outstanding balance when picking up the vehicle, disputes a valid charge, or is more than 3 days late in paying any amount owed under the rental agreement), the Company may suspend the service, cancel the reservation, or, if the vehicle is already in the User’s possession, demand its immediate return and proceed with early termination of the contract. Failure to pay shall be considered a material breach of contract.
• Failure to meet requirements or false information: If it is discovered that the User does not meet the requirements established for the rental (age, valid license, etc.), either before delivery or during the rental, or that the information provided in the reservation is false or contains irregularities (e.g., identity theft, false documents), the Company may cancel the reservation or terminate the contract without any liability. Likewise, if the User unreasonably refuses to sign the rental contract or to provide the required guarantees at the time of delivery, it will be understood that they do not meet the fundamental conditions, and the Company may cancel the service.
• Breach of other important conditions: Any other serious breach of these Terms and Conditions, the additional policies of the Site, or the terms of the rental agreement (e.g., taking the vehicle outside the permitted area without consent, failing to return the vehicle on the agreed date and failing to respond to calls, tampering with the odometer, etc.) shall entitle the Company to terminate the service early.

In all the above cases, termination of the Service does not release the User from their previously acquired responsibilities. The User must pay the amounts accrued up to the date of termination, as well as compensate the Company for any damages caused by their breach, where applicable. If termination is due to misuse of the vehicle or non-payment, the Company shall be entitled to remove the vehicle from the User’s possession in accordance with the rental agreement, even without the User’s express authorization, using the legal means available (e.g., GPS tracking if the vehicle is equipped with it, or legal action with the support of the competent authorities).

The Company also reserves the right to deny future rental services or access to the Site to any User who has seriously breached these Terms and Conditions or engaged in fraudulent or harmful conduct. Such decision may be communicated to the User and shall remain in effect at the Company’s discretion. On the other hand, the User has the right to terminate the contractual relationship at any time, either by canceling their reservation (before the start of the service) in accordance with the cancellation policies (see section 8) or by returning the rented vehicle early (bearing in mind that charges may apply according to the contract). However, termination by decision of the User does not exempt them from paying the amounts proportional to the service actually enjoyed or, where applicable, the penalties stipulated for early returns if so agreed.

Termination or suspension of the Service, for any reason, shall not entitle the User to claim any compensation from the Company, beyond any specific refunds to which they may be entitled in accordance with these terms and conditions or the law. The clauses relating to limitation of liability, compensation, intellectual property, and applicable law shall remain in force after termination of the relationship between the parties.

12. Acceptance of terms

The user expresses their full and unreserved consent to these Terms and Conditions of Use of the website and service.

Use of the Site implies full and unconditional acceptance of each and every one of the provisions set forth herein, in the version in force at the time of access. In particular, by clicking on “I accept” or an equivalent button during the booking process or when registering or providing your details on the Site, the User electronically confirms their agreement to these Terms and Conditions, which is considered a valid and binding expression of will, with the same legal effect as a handwritten signature on a contract. If the User does not agree with these Terms or with any changes made to them in the future, they must refrain from using the Site and the Service.

By accepting these Terms, the User declares that they have read and understood their content, that all the information they have provided is true, and that they meet the requirements set forth herein (e.g., being of legal age, having a valid license, etc.). The User also acknowledges that they have been provided with the Privacy Notice and that they have given their consent to the processing of their personal data in accordance with that notice and with section 9 of these Terms.

These Terms and Conditions constitute the entire agreement between the Company and the User in relation to the use of the Site and the online booking service and supersede any prior communication or agreement (whether verbal or written) relating to the same subject matter. Any waiver or modification of these terms and conditions shall only be valid if made in writing and signed by a legal representative of the Company. The Company’s tolerance of a breach by the User shall in no case imply a waiver of the right to exercise the corresponding rights in the future.

The User may not assign, transfer, or sublicense their rights or obligations under these Terms to third parties without the prior written consent of the Company. For its part, the Company may assign all or part of the rights and obligations arising from these Terms to any subsidiary, associated company, or company in the same business group, or in the context of a business restructuring, notifying Users on the Site when this occurs.

13. Applicable law and jurisdiction

• Applicable law: This Terms and Conditions agreement is governed in all respects by the laws in force in the United Mexican States, in particular by the applicable federal and local provisions on consumer protection, e-commerce, personal data protection, and intellectual property. Without prejudice to the generality of the foregoing, the following laws, among others, are applicable: the Federal Consumer Protection Law, Mexican Standard NMX-COE001-SCFI-2018 on Electronic Commerce (where applicable, as a reference for best practices), the Federal Law on Protection of Personal Data Held by Private Parties, the Federal Copyright Law, and the Industrial Property Law, as well as their respective regulations. The interpretation, compliance, and application of these Terms shall be subject to such laws, including any future amendments that may be made to them.
• Jurisdiction: For the resolution of any controversy, dispute, or claim that may arise from the interpretation or fulfillment of these Terms and Conditions, or from the relationship between the User and the Company, both parties expressly agree to submit to the jurisdiction of the competent courts of the state of Jalisco, Mexico, hereby waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles, or for any other cause. If any legal action arises, the parties acknowledge the courts of the city of Puerto Vallarta, Jalisco, as competent to hear the matter in question, as this is the domicile of the Company, unless consumer protection legislation indicates an irrevocable jurisdiction in favor of the consumer (in which case that legal mandate shall prevail).
• Severability: If any provision of these Terms is deemed invalid, illegal, or unenforceable by any competent authority, that provision shall be deemed not to be included, but this shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The invalid clause shall be replaced, where appropriate, by a valid clause that comes as close as possible to the economic and legal intent of the original provision, in accordance with the law.
• No special relationship: Acceptance of these Terms does not create any partnership, mandate, franchise, employment, or agency relationship between the User and the Company. The User acts on their own behalf and has no authority to represent the Company.

As proof of acceptance, the User voluntarily accepts these Terms and Conditions electronically. The User’s continued use of the Site and the Service shall imply their continued acceptance of these Terms and Conditions and any modifications thereto. If the User has any questions about these Terms, they may contact the Company through the customer service channels indicated on the Site before continuing with their browsing or reservation.