Partner Agency Terms

1. Definitions

In these Partner Terms:

• “Platform”, “Voyacar”, “we” means the marketplace and services operated by Voyacar, Inc..
• “Agency”, “you” means the rental business that lists vehicles and rents them to Clients.
• “Client” means the end customer who books a vehicle through the Platform.
• “Listing” means the vehicle, price, availability, conditions and content you publish on the Platform.
• “Booking” means a reservation placed by a Client and confirmed for one of your vehicles.
• “Rental Agreement” means the contract you conclude directly with the Client for the rental.
• “Service Fee” / “Commission” means the amount Voyacar charges for the intermediation service, collected online from the Client at booking.
• “Balance” means the rental price you collect directly from the Client, normally at pick-up.

2. Our role and yours

Voyacar operates a booking marketplace that connects Clients with independent Agencies. Voyacar is an intermediary only: you are the lessor and the sole provider of the rental. You conclude the Rental Agreement directly with the Client and are solely responsible for the vehicle and the rental.

Nothing in these Partner Terms creates a partnership, joint venture, agency (other than the limited booking intermediation described here) or employment relationship between us. You act as an independent business.

3. Registration and eligibility

You represent and warrant that you are a duly registered, licensed and insured rental business, that the person accepting these Partner Terms is authorised to bind the Agency, and that all information you provide about your business is accurate and kept up to date.

You are responsible for your account, your staff’s use of it, and the confidentiality of your credentials. You must notify us promptly of any unauthorised use or any change that affects your eligibility to operate.

4. Listings, availability and lead times

You are responsible for the accuracy and lawfulness of your Listings, including vehicle descriptions, photos, prices, taxes, included items, rental conditions, deposit/franchise amounts, age and licence requirements, and availability. Listings must not be misleading.

You must keep availability, pricing and the advance-notice (lead time) settings accurate so that Clients are only offered vehicles you can actually provide. You are responsible for the consequences of inaccurate availability or lead times.

You grant Voyacar a non-exclusive, worldwide, royalty-free licence to host, display, reproduce, translate and adapt your Listing content (including vehicle photos and your business name and logo) to market the Listings and the Platform. You warrant you hold the rights needed to grant this licence.

5. Honouring bookings

You must honour every confirmed Booking and provide the booked vehicle (or a comparable or better vehicle at no extra cost to the Client) in the condition and on the terms shown at booking. You must apply the conditions you published and must not impose undisclosed charges at the counter.

If you cancel a confirmed Booking, fail to provide the vehicle, or turn a Client away other than for a legitimate, disclosed reason, we may refund the Client, charge back any amount due, apply a penalty, and take account of it in your rating and account standing.

6. Commission, payment and settlement

At booking, Voyacar collects the Service Fee (our Commission) online from the Client through our payment provider, Stripe. You collect the Balance directly from the Client, normally at pick-up, by your accepted means. The Commission rate is the rate agreed with you and shown in your dashboard.

The Commission is earned for putting the Booking through and is retained by Voyacar. Where a Client is refunded under the free-cancellation policy (Section 7) the Service Fee is refunded to the Client. You are responsible for issuing any invoice or receipt the Client requires for the rental, and for your own taxes; Voyacar is responsible for invoicing its Commission.

Each party is responsible for its own taxes, duties and charges arising from its part of the transaction.

7. Cancellations and refunds

You must honour the Platform’s Client-facing free-cancellation window (currently up to 48 hours before pick-up). Your own rules for refunding the Balance and any cancellation, amendment or no-show charges must be lawful, clearly disclosed in your Listing, and applied fairly and consistently.

You must handle Client complaints in good faith and cooperate with Voyacar’s dispute process, including providing departure/return inspection reports, photos and records on request.

8. Your responsibilities for the rental

You are solely responsible, at your own cost, for:

• the condition, safety, maintenance, cleanliness and roadworthiness of every vehicle;
• valid insurance, registration, inspections, licences and permits required to rent and operate the vehicles;
• compliance with all applicable laws, including consumer, transport, tax, road-traffic and data-protection laws;
• setting, blocking, holding, applying and releasing the security deposit/franchise, and assessing and substantiating any damage;
• verifying the Client’s eligibility and documents at pick-up; and
• the conduct of your staff and the handling of the rental from pick-up to return.

9. Data protection

When Voyacar transmits a Booking to you, you receive the Client’s personal data as a separate, independent data controller and may use it only to provide and manage that rental and to meet your legal obligations. You must comply with all applicable data-protection laws (including the GDPR for EU Clients and Law 09-08 in Morocco), keep the data secure, and not use it for unrelated marketing or sell it.

Where the transfer of Client data to you involves a cross-border transfer that requires safeguards (for example EU Standard Contractual Clauses), you agree to enter into and comply with those safeguards at our request.

10. Reviews and reputation

Client reviews are part of the Platform. You may respond to reviews but must not create, solicit, incentivise or manipulate reviews, post fake reviews, or retaliate against Clients for honest feedback. We may act on patterns of poor ratings or review manipulation.

11. Brand and intellectual property

The Platform, the Voyacar name, logos and software are owned by Voyacar, Inc. or its licensors. We grant you a limited, revocable, non-transferable licence to use Voyacar marks solely as needed to participate in the Platform and per any brand guidelines we provide. You keep ownership of your own marks and content, subject to the licence in Section 4.

12. Compliance and conduct

You will comply with applicable anti-corruption, sanctions, anti-money-laundering and competition laws. You will not use the Platform to deceive Clients, to discriminate unlawfully, or to circumvent Voyacar’s Commission by diverting Platform bookings off-platform.

13. Warranties and indemnity

You warrant that your Listings and your performance of the rental are accurate, lawful and free of third-party infringement.

You will indemnify, defend and hold harmless Voyacar and its affiliates from and against any claims, damages, fines and reasonable costs arising out of the rental, the condition or safety of your vehicles, your Listings, your breach of these Partner Terms, or your breach of law (including data-protection law).

14. Liability between us

Voyacar provides the Platform with reasonable care but “as available”, and does not guarantee a volume of bookings or uninterrupted service. To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss, and Voyacar’s total liability to you in any 12-month period is limited to the Commission Voyacar retained from your Bookings in that period. Nothing limits liability that cannot lawfully be limited.

15. Suspension and termination

Either party may terminate this relationship on reasonable written notice. We may suspend or terminate your account or remove Listings immediately for breach of these Partner Terms, suspected fraud, safety or legal concerns, repeated poor performance, or insolvency. On termination you must still honour Bookings already confirmed unless we agree otherwise. Provisions that by their nature survive (including commission earned, indemnity, data protection, confidentiality, liability and governing law) continue to apply.

16. Confidentiality

Each party will keep confidential the non-public information it receives from the other (including commercial terms, Client data and Platform data) and use it only for the purpose of this relationship, except where disclosure is required by law.

17. Changes to these Partner Terms

We may update these Partner Terms from time to time. We will post the updated version with a new “last updated” date and, where the change is material, give you reasonable notice. Your continued use as an Agency after the change takes effect means you accept the updated Partner Terms.

18. Governing law and disputes

These Partner Terms are governed by the laws of the Delaware, USA, without regard to conflict-of-laws rules, and the state or federal courts located in Delaware, USA have exclusive jurisdiction over disputes between Voyacar and the Agency, except where mandatory law requires otherwise. The parties will attempt to resolve disputes in good faith before commencing proceedings.

19. General

If any provision is unenforceable, the rest remain in force. Neither party may assign this agreement without the other’s consent, except that Voyacar may assign to an affiliate or successor. These Partner Terms, together with your dashboard settings and any signed partner agreement, form the entire agreement between us regarding the Platform. Notices may be sent through the Platform or to the contact details on file.

The English version is the reference version. Questions about these Partner Terms can be sent to [email protected].