Avtobnb MMC-Official Terms and Conditionsfor Vehicle Owners and Rent-a-Car Partners

1. Legal Status and Limitation of Role1.1. AvtoBnB LLC (the “Platform”) operates as a digital intermediary and administrative broker in accordance with the legislation of the Republic of Azerbaijaan.
1.2. The Platform is NOT a party to any vehicle rental agreement, does not own vehicles, does not provide vehicles for rent, and does not manage or operate vehicles.
1.3. The Platform’s role is strictly limited to:
  • facilitating contact between the Partner and the Renter;
  • providing administrative and technological support;
  • routing and recording rental requests.
1.4. The Platform does not supervise, control, or guarantee the performance of any rental transaction and bears no responsibility for the execution or outcome of such rentals.
2. Exclusion of Operator or Service Provider Status2.1. The following actions performed by the Platform shall not be interpreted as the provision of vehicle rental services:
  • establishing platform rules and policies;
  • selecting, approving, suspending, or blocking Partners;
  • charging service commissions;
  • routing or processing booking requests.
2.2. These actions constitute administrative and technical measures only, intended to ensure the secure and efficient operation of the Platform ecosystem.
3. Payment System and Service Fee3.1. The 20% fee charged by the Platform does NOT constitute rental income and represents solely a service fee for marketing, technology, and administrative services provided by the Platform.
3.2. The Platform does not set, modify, or control vehicle rental prices.
3.3. All primary rental payments are made directly between the Partner and the Renter.
3.4. The Platform’s service fee is non-refundable, except where mandatory refunds are required by applicable law.
4. Limitation of Liability (Liability Cap)4.1. The Platform’s total aggregate liability, per incident or claim, shall not exceed the amount of service fees paid to the Platform by the Partner during the preceding thirty (30) days.
4.2. The Platform shall not be liable for indirect, incidental, consequential, lost profit, or reputational damages, regardless of the legal basis of the claim.
5. Full Transfer of Risk5.1. The Partner bears full and exclusive responsibility for:
  • the technical condition of the vehicle;
  • insurance coverage;
  • vehicle documentation;
  • all risks arising during the rental period.
5.2. The Partner agrees to fully indemnify and hold harmless the Platform against all third-party claims, damages, losses, and expenses.
6. KYC and Legal Compliance6.1. The Partner is solely responsible for verifying each Renter’s:
  • identity;
  • valid driving license;
  • legal eligibility to rent and operate a vehicle.
6.2. Any legal consequences arising from false documents, misrepresentation, or violations of law shall be borne exclusively by the Partner.
7. Anti-Bypass Policy (Commission Circumvention Prevention)7.1. Any customer introduced via the Platform shall be deemed an AvtoBnB customer for a period of twelve (12) months from the date of first contact.
7.2. If commission circumvention is identified during this period, the Partner shall pay a penalty equal to 100% of the rental amount.
8. Cancellations and Refunds8.1. The Platform bears no obligation to refund service fees.
8.2. Any bank charges or payment system fees are borne by the customer.
9. Data Processing9.1. The Platform processes personal data in compliance with:
  • the legislation of the Republic of Azerbaijan; and
  • applicable GDPR principles, where relevant.
10. Governing Law and Jurisdiction10.1. These Terms shall be governed by the laws of the Republic of Azerbaijan.
10.2. Any disputes shall be resolved exclusively in the courts of the city of Baku.
11. Electronic Acceptance and Legal Effect11.1. The Partner’s performance of any of the following actions constitutes full and unconditional acceptance of these Terms, equivalent to execution by handwritten signature:
  • checking the “I agree to the Terms” checkbox on the Platform;
  • registering a Partner account on the Platform;
  • adding a vehicle to the Platform;
  • publishing or activating a vehicle listing;
  • accepting or processing the first booking request via the Platform.
11.2. Upon completion of any such action, the agreement shall be deemed concluded electronically and shall have full legal force and effect under the laws of the Republic of Azerbaijan.
11.3. The Partner irrevocably waives any claims based on the absence of a handwritten signature, lack of awareness, or failure to read these Terms.
12. Final ProvisionElectronic acceptance shall have the same legal effect as a signed written agreement and fully protects the Platform against any claims related to the absence of a physical signature.

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