Terms & Conditions

Kariba is a technology platform and booking marketplace only. We are not a car-rental company, we do not own, operate, inspect, maintain, insure or control any vehicle, and we do not provide rental services. When you book, the rental contract for the vehicle is made directly between you and the Rental Company that owns it. Kariba is not a party to that rental contract, is not the agent of either party, and does not guarantee the performance of any Rental Company.

Each Rental Company is an independent business that sets its own vehicles, prices, availability, payment options, cancellation policy, security deposit, insurance, and rental agreement. Before you complete a Booking, the Rental Company’s own rental agreement and terms — including its insurance/coverage, security deposit, driver and documentation requirements, and cancellation policy — are made available to you, are incorporated into your Booking by reference, and form part of your contract with the Rental Company. By booking you accept them.

Where the Rental Company’s rental agreement and these Terms conflict in respect of the rental itself (the vehicle, its use, insurance, damage, deposits, extras or cancellation), the Rental Company’s rental agreement governs the rental; these Terms continue to govern your use of the Platform.

In these Terms, “you” means the customer using the Platform; a “Booking” is a reservation you request through the Platform; and “content” means any text, images, reviews or other material available on or submitted to the Platform.

To make a Booking you must be at least 18 years old, hold a valid driver’s licence, and have the legal capacity to enter into a binding contract. Individual Rental Companies may set higher minimum ages and additional licence, identification or deposit requirements, which apply in addition to these Terms.

You are responsible for providing accurate, current and complete information, for keeping your account credentials secure, and for all activity that takes place under your account. Notify us promptly of any unauthorised use. You may not create an account for anyone else or transfer your account to another person.

If you make a Booking for someone else, or the person collecting the vehicle will not be you, you are responsible for ensuring that the driver meets the Rental Company’s requirements, for bringing these Terms and the Rental Company’s terms to their attention, and for their compliance. You remain responsible for the Booking.

Listings on the Platform are an invitation to book, not a binding offer. When you submit a Booking you are making a request to the Rental Company. A Booking becomes a confirmed contract between you and the Rental Company only when the Rental Company accepts it (or when it is auto-accepted on the Rental Company’s behalf, as indicated at checkout). Until then, no rental contract exists and any amount you have paid is held and refunded if the Booking is declined or expires.

Prices, availability, vehicle details and rental terms are provided by the Rental Company. While we try to keep the Platform accurate, we do not warrant that listings are error-free. Where an obvious pricing or description error occurs, neither Kariba nor the Rental Company is obliged to honour it, and you will be offered the chance to re-confirm at the correct price or receive a full refund.

Prices are shown in the Rental Company’s currency and, depending on that Rental Company’s settings, you may be asked to pay in full online, pay a deposit with the balance collected before or at pickup, or pay entirely at the counter. Online payments are processed by our third-party payment processor; by paying you authorise the applicable charge. A Kariba service fee may be added and shown to you before you confirm.

When you pay at pickup, you pay the Rental Company directly — by card or cash, depending on what that Rental Company accepts. When you pay online, only the rental amount is charged through the Platform; any refundable security deposit is collected separately by the Rental Company at pickup (see section 6).

You are responsible for any taxes, tolls, fines, charges or fees associated with your rental that are not expressly included in the price shown. Kariba facilitates payment between you and the Rental Company; the Rental Company is responsible for the rental service you pay for.

Cancellations and refunds follow the Rental Company’s published cancellation policy (for example Flexible, Moderate or Strict), which is shown before you book. Refunds of the rental amount are calculated on the amount you have actually paid through the Platform and are returned through the party that collected the payment. No-shows and early returns are not refundable unless the Rental Company’s policy or applicable law says otherwise.

Kariba’s service fee (where charged) is earned when your Booking is made and is non-refundable, except where required by law or expressly stated otherwise.

If a Rental Company cancels a confirmed Booking, you will be refunded the amount you paid through the Platform for that Booking. Kariba’s responsibility on any cancellation is limited to refunding amounts actually collected through the Platform; amounts paid or collected directly by the Rental Company (including security deposits and pay-at-pickup amounts) are handled by the Rental Company.

A Rental Company may require a refundable security deposit, taken at pickup and released after return against damage, fuel, late return, tolls, fines or extras, in line with its rental agreement. The Rental Company may require the deposit to be paid or held on a payment card in the driver’s name. The deposit is separate from, and in addition to, the rental amount, whether you paid online or pay at pickup.

This deposit is taken, held and released by the Rental Company directly — Kariba does not charge, hold or control it, and is not responsible for its handling or return.

You must provide accurate information; hold a valid driver’s licence and meet the Rental Company’s age, licence and documentation requirements; sign the Rental Company’s rental agreement; and use the vehicle lawfully, safely and in accordance with that agreement and local law.

You are responsible, as set out in the Rental Company’s rental agreement, for the vehicle during your rental — including fuel, tolls, traffic and parking fines, damage, loss, late return, cleaning, permitted drivers and geographic limits. Obligations and liabilities arising from the rental are between you and the Rental Company.

Before releasing the vehicle, the Rental Company applies its own pickup requirements, which may include a minimum age and driving experience, a valid driver’s licence, identification, a payment card or deposit in the driver’s name, and other documents. These requirements are set by the Rental Company and vary between companies. You are responsible for checking them in advance and for presenting the required documents, driver and payment method at pickup.

If the Rental Company declines to release the vehicle because you do not meet its requirements, or for any other reason within its rental agreement, that is not Kariba’s responsibility. Whether any amount is refundable in that situation is governed by the Rental Company’s cancellation and no-show policy. Kariba does not guarantee that a Booking will result in a vehicle being handed over where the Rental Company’s pickup requirements are not met.

The Rental Company is solely responsible for the vehicle and the rental service, including the vehicle’s condition, roadworthiness, registration, maintenance, safety, cleanliness and legal compliance, and for handing over and taking back the vehicle. You should inspect the vehicle at pickup and record and report any pre-existing damage or concerns to the Rental Company before driving.

Kariba does not inspect vehicles and makes no representation about any vehicle’s condition or fitness for a particular purpose. Any issue with the vehicle or the rental should be raised with the Rental Company.

Insurance and damage coverage for your rental are provided or arranged by the Rental Company and described in the listing and the Rental Company’s rental agreement, which may include an excess/deductible for which you are responsible. Kariba is not an insurer, does not provide, hold or administer insurance, and is not responsible for the existence, scope, sufficiency or handling of any coverage or claim. Review the Rental Company’s coverage and deductible before you drive.

You may submit reviews and other content. You must ensure it is truthful, your own, and not unlawful, misleading, defamatory, infringing or offensive. You grant Kariba a non-exclusive, worldwide, royalty-free licence to use, host, display, reproduce and distribute the content you submit in connection with operating and promoting the Platform, for as long as you keep it on the Platform and a reasonable period afterwards. We may moderate, decline or remove content at our discretion but are not obliged to monitor it.

You agree not to misuse the Platform. In particular you must not: use it for any unlawful or fraudulent purpose; make speculative, false or fraudulent Bookings; circumvent Kariba to arrange or pay for a rental you found through the Platform in order to avoid fees; interfere with or disrupt the Platform or its security; scrape, copy or harvest data; impersonate others; or infringe anyone’s rights. We may investigate and take appropriate action, including suspension and reporting to authorities.

The Platform, including its software, design, text, graphics and the Kariba name and logo, is owned by Kariba or its licensors and is protected by intellectual-property laws. We grant you a limited, personal, non-transferable, revocable licence to use the Platform to browse and make Bookings. You may not copy, modify, distribute, reverse-engineer or create derivative works from any part of the Platform except as permitted by law.

The Platform relies on third-party services, such as payment processing, mapping and messaging. Your use of those services may be subject to the third party’s own terms and privacy practices, and Kariba is not responsible for third-party services or content.

To the fullest extent permitted by law, the Platform is provided “as is” and “as available”. We will provide the Platform with reasonable care and skill, but we do not warrant that it will be uninterrupted or error-free, and we do not warrant, endorse or guarantee any Rental Company, vehicle, listing, price, availability, or the quality, safety or legality of any rental. Information shown on a listing (including vehicle details, pricing, availability and insurance terms) is supplied by the Rental Company, and we are not responsible for its accuracy except where we caused the error. Any dealing you have with a Rental Company is subject to its rental agreement and is between you and it.

To the fullest extent permitted by law, Kariba is not liable for the acts, omissions, conduct, vehicles or services of any Rental Company, for the condition, safety or roadworthiness of any vehicle, or for any injury, death, damage, loss, delay or expense arising out of or in connection with a rental, a Rental Company, or your use of a vehicle. Our role is limited to facilitating Bookings, and we are responsible only for our own failure to provide the Platform with reasonable care and skill.

To the fullest extent permitted by law, Kariba is liable only for direct loss that was reasonably foreseeable and actually caused by our own breach of these Terms or failure to take reasonable care; we are not liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, data, goodwill or anticipated savings. Where Kariba is found liable in connection with a Booking, our total aggregate liability to you for that Booking will not exceed the total fees and commission Kariba earned in connection with that Booking.

These limitations do not restrict Kariba’s own rights or remedies against you for your fraud, your breach of these Terms, or your unlawful, prohibited or reckless use of the Platform or a vehicle, for which we retain full recourse.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by our own negligence, or for our fraud or fraudulent misrepresentation.

If you deal with us as a consumer, you have rights under mandatory consumer-protection law that these Terms cannot take away or reduce. Nothing in these Terms excludes or limits those mandatory rights, and where any provision of these Terms conflicts with a right you have under applicable mandatory law, that law prevails and the rest of these Terms continue to apply.

To the extent permitted by law, you agree to indemnify and hold harmless Kariba and its officers, employees and agents from and against any claims, liabilities, damages, losses and reasonable expenses (including legal fees) arising out of or connected with your breach of these Terms, your misuse of the Platform, your rental or use of a vehicle, or your violation of any law or the rights of any third party.

Because your rental contract is with the Rental Company, any complaint or dispute about a vehicle or rental — including damage, security deposits, insurance and refunds — should first be raised directly with that Rental Company through your Booking. Kariba may, at its discretion, help facilitate communication and provide booking records, but is not the arbiter of, does not decide, and is not responsible for resolving disputes between you and a Rental Company. Please do not initiate a payment chargeback for a matter that has not first been raised through the Platform.

We may suspend, restrict or terminate your access to the Platform, with or without notice, if you breach these Terms, if we suspect fraud or unlawful activity, or as needed to protect the Platform, its users or Kariba. You may stop using the Platform at any time. Confirmed Bookings and any obligations already incurred survive termination.

We may update these Terms from time to time. If a change is material, we will take reasonable steps to notify you, for example by posting the updated Terms with a new “last updated” date or by contacting you. Changes do not apply retroactively to Bookings already confirmed. Your continued use of the Platform after a change takes effect means you accept the updated Terms.

These Terms, and any dispute or claim arising out of or in connection with them or the use of the Platform, are governed by the laws of Aruba, without regard to conflict-of-law rules. You and Kariba agree to submit to the exclusive jurisdiction of the competent courts of Aruba, except where mandatory law entitles you to bring proceedings, or requires them to be brought, elsewhere. Nothing in this clause deprives you of the protection of mandatory provisions of the consumer law that applies to you.

These Terms, together with the Privacy Policy and any terms presented at the time of a Booking, are the entire agreement between you and Kariba regarding the Platform; the rental itself is additionally governed by the Rental Company’s rental agreement. If any provision is found unenforceable, the remaining provisions continue in effect. Our failure to enforce a right is not a waiver of it. You may not assign your rights under these Terms without our consent; we may assign ours to an affiliate or successor. Neither party is liable for failure or delay caused by events beyond its reasonable control. We may give notices to you through the Platform or the contact details on your account.

These Terms are published in English and Spanish. In the event of any conflict or inconsistency, the English version prevails, except where mandatory local law requires otherwise.