Partner Agreement / Partner Terms

1. Parties and purpose

1.1. These Partner Terms govern cooperation between Car&Vibe and a Partner offering Rent or Leisure services through the Platform.

1.2. Car&Vibe: Car&Vibe j.d.o.o., OIB: 44616036993, Skradinska 13, 21000 Split, Croatia.

1.3. The Partner is the business operator that accepts these Partner Terms through the Platform, a partner account, a written agreement or another agreed process. Partner details are recorded in the partner account, commercial arrangement or separate agreement.

1.4. If Car&Vibe and the Partner sign a separate written agreement, that agreement prevails where it expressly regulates a specific matter differently.

2. Car&Vibe details and contacts

Contacts:

Customer support: support@carandvibe.com

Legal notices and privacy: legal@carandvibe.com

Partner cooperation: partners@carandvibe.com

Finance and invoices: finance@carandvibe.com

General contact: hello@carandvibe.com

3. Platform and Partner roles

3.1. Car&Vibe is a digital marketplace platform enabling listing display, booking requests, bookings, communication, payments and related operational features.

3.2. Car&Vibe is not a vehicle rental provider, vehicle owner, tourist agency, tour operator, skipper, activity organiser, trip organiser or direct provider of Leisure services, unless this is expressly agreed in writing for a specific service.

3.3. Car&Vibe provides marketplace, platform and/or intermediation services to Partners. Unless expressly stated otherwise, the Partner remains the provider of the rental, experience or other listed service and is responsible for issuing any required invoice, receipt, fiscalized receipt or equivalent document to the Customer for the Partner Service.

4. Partner registration and verification

4.1. The Partner must provide accurate and current information about its business, contacts, services, permits, insurance, tax status and other information reasonably requested by Car&Vibe.

4.2. Car&Vibe may refuse or temporarily restrict a Partner where information is incomplete, there is a legal or safety risk, or the Partner does not meet Platform standards.

5. General Partner obligations

5.1. The Partner must operate lawfully, hold required permits and insurance, provide services carefully and professionally, and honour confirmed bookings.

5.2. The Partner must issue an invoice or receipt to the Customer for the Underlying Service where applicable and meet its tax, fiscalization and accounting obligations.

5.3. The Partner must promptly inform Car&Vibe of availability changes, safety issues, incidents, regulatory limits or other circumstances relevant to a listing.

6. Partner obligations for Rent

6.1. For Rent, the Partner is responsible for vehicles, registration, roadworthiness, insurance, rental agreement, vehicle handover and return, checking renter requirements and charging permitted additional costs.

6.2. For the ordinary Rent booking flow, Car&Vibe does not collect, review, verify or store driving licence images or documents.

6.3. At pickup or handover, the Partner must physically verify the original driving licence, identity, age, driving experience, deposit or card, rental agreement and other Rent requirements.

6.4. The Partner is responsible for handling damage, traffic fines, accidents, late return, fuel, charging, cleaning and other rental-related matters.

7. Partner obligations for Leisure

7.1. For Leisure, the Partner is responsible for permits, insurance, staff, guides, skippers, equipment, safety instructions, assessment of weather and safety conditions, and performance of the activity.

7.2. The Partner must clearly state age, health, safety, licence, weather and other participation requirements where relevant.

7.3. The Partner may refuse participation where reasonably necessary for safety, legality or failure to meet requirements displayed before booking.

8. Listings, content, prices and availability

8.1. The Partner is responsible for the accuracy of descriptions, photos, prices, availability, location, included items, additional costs, cancellation rules and other listing information.

8.2. Car&Vibe may edit display, request changes or remove a listing that is inaccurate, unlawful, misleading, unsafe or contrary to Platform rules.

9. Bookings, confirmations, refusals and request expiry

9.1. The Partner must monitor requests and confirmed bookings in Platform tools and respond within the periods shown in the Platform or agreed with Car&Vibe.

9.2. The Partner must perform confirmed bookings according to the terms shown to the Customer unless there are safety, legal or other justified reasons for cancellation or change.

10. Cancellations, no-shows, refunds and changes

10.1. Before publication of a listing, the Partner must provide or confirm clear rules on cancellations, no-shows, lateness, safety cancellations and refunds in a form that Car&Vibe can display to the Customer before booking.

10.2. The Partner must promptly notify Car&Vibe and the Customer of cancellation, time change, safety issue or inability to perform the service.

11. Fees, commissions, payouts and reserves

11.1. Car&Vibe may charge the renter a separate service fee for use of the Platform if displayed to the Customer before booking confirmation. That fee does not reduce the Partner’s obligation to issue an invoice to the renter for the Rent Underlying Service.

11.2. Car&Vibe may issue a monthly invoice to the Partner for Car&Vibe’s platform commission, service fee or other applicable Partner-facing fees. The monthly invoice may cover completed, non-cancelled and non-refunded bookings from the previous calendar month, based on Stripe records, Car&Vibe booking records and the applicable monthly commission statement, unless a partner fee schedule, commercial arrangement, Platform rules or separate agreement provide otherwise.

11.3. Partner payouts, commission calculation, payout timing, currency, chargebacks, reserves and minimum payout thresholds are governed by a partner fee schedule, commercial arrangement, Platform rules or separate agreement. Refunds, cancellations, chargebacks or corrections identified after a monthly invoice has been issued may be reflected in a subsequent monthly statement or corrected through a credit note, approval note or equivalent correction document where required.

12. Invoices, taxes, fiscalization, e-invoicing and VAT

12.1. The Partner is responsible for issuing an invoice or receipt to the Customer for the Underlying Service and for all tax, fiscalization, accounting and regulatory obligations connected with that service.

12.2. Car&Vibe calculates and documents its own Partner-facing fees according to its current tax status and applicable rules. Stripe payment records, payout records, application-fee records, receipts and balance transactions are used for payment processing and reconciliation purposes and do not replace any invoice, eInvoice, fiscalized receipt or other tax document where such document is required by applicable law. Where required by applicable law, invoices or eInvoices are issued to the Partner’s business/legal entity details and OIB through the applicable invoicing, eInvoice, accounting or information-intermediary channel.

12.3. The company is not in the Croatian VAT system. VAT is not charged pursuant to Article 90(1) of the Croatian VAT Act.

13. Customer support and complaints

13.1. The Partner must cooperate with Car&Vibe in handling complaints, refunds, disputes, safety issues and Customer requests.

13.2. Complaints relating to the Underlying Service are generally handled by the Partner as the actual service provider.

14. Safety, incidents and insurance

14.1. The Partner must immediately notify Car&Vibe of serious incidents, injuries, damage, theft, traffic accidents, safety risks and regulatory issues connected with services listed on the Platform.

14.2. The Partner must maintain insurance appropriate to its services and provide proof of insurance upon Car&Vibe’s reasonable request.

15. Digital platform rules, listing visibility and Partner complaints

15.1. Car&Vibe may determine listing display, basic visibility parameters, safety standards, content rules and technical conditions for use of the Platform.

15.2. The Partner may submit a complaint about restriction, listing removal or suspension to partners@carandvibe.com or legal@carandvibe.com.

16. Data and privacy

16.1. Car&Vibe and the Partner may process Customer personal data in different roles depending on the purpose of processing and the specific process.

16.2. The Partner may use Customer data received through the Platform only to handle the booking, provide the Underlying Service, issue invoices, ensure safety, provide support and meet legal obligations.

16.3. The Partner must keep data secure, must not use it for unauthorised marketing and must comply with applicable data protection laws.

17. Intellectual property and marketing

17.1. The Partner grants Car&Vibe the right to use the Partner’s name, marks, photos, descriptions, prices and other materials for display, promotion and operation of the Platform.

17.2. The Partner is responsible for all photographs and other visual materials it uploads to the Platform or otherwise provides to Car&Vibe. The Partner warrants that it owns or holds all rights, permissions and consents necessary to use and publish those materials and that they do not infringe copyright, privacy, personality or other third-party rights.

18. Confidentiality

18.1. The parties will keep confidential business, technical, financial and other confidential information learned through the cooperation, unless disclosure is permitted by contract, law or the other party’s consent.

19. Liability and indemnity

19.1. The Partner is responsible for damage, losses, claims, fines and costs arising from the Underlying Service, breach of law, inaccurate information, failure to issue invoices, missing permits or insurance, safety failures or breach of these Terms.

19.2. Car&Vibe is not responsible for the Partner’s performance of the Underlying Service, except where such limitation would conflict with mandatory law.

20. Term, suspension and termination

20.1. The cooperation continues while the Partner is active on the Platform or until terminated by either party in accordance with these Terms or a separate agreement.

20.2. Car&Vibe may suspend a Partner or listing due to safety, legality, complaints, fraud, non-payment, inaccurate information or breach of terms.

21. Changes to Partner Terms

21.1. Car&Vibe may amend these Partner Terms by publishing or providing the updated version to the Partner. Material changes affecting commercial terms apply according to a separate arrangement or applicable law.

22. Governing law and disputes

22.1. These Terms are governed by Croatian law. Disputes between Car&Vibe and the Partner are subject to the competent court in Split unless otherwise agreed in writing.

23. Notices

23.1. Notices to Car&Vibe should be sent to partners@carandvibe.com for partner matters, finance@carandvibe.com for finance matters and legal@carandvibe.com for legal matters.

23.2. The Partner must keep contact details on the Platform current.

24. Final provisions

24.1. If any provision is invalid or unenforceable, the remaining provisions remain in force. The parties will replace the invalid provision with a valid provision that most closely reflects the commercial purpose.

Agreement addendum: payment model selected from backend-offered options

The Partner authorises Car&Vibe to determine the allowed model set per listing. When both are available, the Customer selects one model and `full_online` may be initially selected and informationally marked as recommended.

The selection does not change total price, the 15% commission, the Partner invoice to the Customer for the total underlying service, the Car&Vibe commission invoice to the Partner, set-off, or the approved refund rules.

The backend confirms the model and amounts at booking creation and stores them as an immutable snapshot. The Partner may not later change the model or collect again any part already settled online.

Car&Vibe supports `full_online` and `reservation_fee_now`. The backend determines which options are available for each listing. If both are available, the Customer selects one backend-offered option; configuration and availability changes can affect only future bookings.

The model, currency, total price, online amount, balance payable to the Partner, balance payment methods and related commission amounts are stored as an immutable booking snapshot. The Partner accepts that backend amount and status snapshots control reconciliation; a client calculation or later price change does not change an existing booking.

Under `full_online`, 100% of the total price is authorized before Partner acceptance and 100% is captured after acceptance. The Customer pays the Partner nothing on location for the base price. Car&Vibe commission is 15% and the Partner is entitled to 85% under the existing payment/payout model. Existing full-online cancellation and refund semantics remain unchanged; the 15% non-refundable rule does not apply automatically.

Under `reservation_fee_now`, the backend calculates the online reservation amount as 15% of the total price and the balance of the total price, ordinarily 85%, subject to the invariant `total price = online reservation amount + balance`. Only 15% is authorized before acceptance, only 15% is captured after acceptance, and the Partner collects the stored balance from the Customer on arrival by card or cash according to the methods stored with the booking.

When the model has been lawfully and technically activated, the Partner appoints Car&Vibe as a limited collection agent for the online reservation amount in the name and on behalf of the Partner. Car&Vibe collection discharges the same part of the Customer obligation to the Partner and does not make Car&Vibe the Underlying Service provider or collector of the balance.

The Partner issues the Customer the required invoice for 100% of the total Underlying Service price, showing the part paid online and the balance paid to the Partner. Car&Vibe issues the Partner an invoice for the 15% commission when the agreed commission event occurs. A Stripe confirmation, PaymentIntent, payout or settlement report is not a tax invoice.

The collected 15% may be set off against the Partner's commission obligation only where set-off is expressly agreed, both claims and the booking can be reliably linked, and the appropriate invoices, credit notes or other tax documents and periodic set-off statement exist. Stripe capture alone is not automatically Car&Vibe revenue. Advance/final invoicing, set-off, fiscalization, eInvoicing, VAT, tax treatment and revenue recognition are handled under applicable law and this contractual model.

If the Customer voluntarily cancels, does not appear or fails to meet a clearly displayed and previously accepted requirement after Partner acceptance and capture, Car&Vibe retains the 15% as the agreed reservation/cancellation commission. For ineligibility, the Partner must identify the requirement displayed and accepted in advance and document the actual failure.

For such a valid event, no additional automatic fee or penalty is charged to the Partner on top of the 15% commission. Car&Vibe bears ordinary Stripe processing fees from its commission. The Partner reimburses only an evidenced actual refund, chargeback or dispute cost directly caused by its own breach, after receiving the calculation and evidence.

If the Partner rejects the request or it expires, the authorization is released. If the Partner cancels after acceptance, the service or vehicle is unavailable, the Partner confirms inability to operate due to weather or safety, extraordinary circumstances objectively prevent the service, the Customer declines a material change, there is a technical or duplicate charge, mandatory law requires a refund, or an administrator approves a documented exception, the captured 15% is refunded to the Customer and the commission is reversed.

If the Customer personally considers the weather poor but the Partner confirms that the service will operate safely and as agreed, a refund is not automatic. The Partner is responsible for a professional, diligent and documented safety decision and must not falsely record availability, safety or requirements to retain an amount.

Authorization is not capture, release is not refund, and a refund can occur only after capture. The Partner must use the appropriate structured refund reason, cooperate with evidence and promptly return or reverse any amount for which there is no basis. Mandatory law and Customer rights prevail.

When both models are offered to the Customer, `full_online` is initially selected and marked as recommended. The recommendation does not change total price, Customer rights, refund rules or Partner obligations.

The Partner accepts only the model and amounts confirmed by the backend and stored with the booking. If the selected option is no longer allowed at booking creation, the request is rejected without a silent switch; the Partner may not later require a model change for an existing booking.

Under `reservation_fee_now`, the Rent Partner collects the stored balance at vehicle pickup and the Experiences Partner collects it before the experience, solely through the methods stored with the booking.