Terms of Service

1. Purpose and acceptance

These Terms of Service govern access to and use of the Car&Vibe digital marketplace platform, including the website, mobile application, user account, booking/request features, communication, payments and related Platform services.

By using the Platform, creating an account, submitting a booking request, confirming a booking or paying through the Platform, the User accepts these Terms.

2. Car&Vibe details

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. Definitions

3.1. “Platform” means the Car&Vibe digital marketplace platform available through carandvibe.com, the mobile application and other official Car&Vibe channels.

3.2. “Car&Vibe” means Car&Vibe j.d.o.o., the operator of the Platform.

3.3. “User” means a person who accesses the Platform, creates an account, views listings, submits a booking request, books, pays or uses Platform features.

3.4. “Customer” or “service user” means a User who searches for, books, pays for or uses a Rent or Leisure service through the Platform.

3.5. “Partner” or “Provider” means the business or other person that offers and provides an Underlying Service through the Platform.

3.6. “Rent” means the Platform vertical for vehicle rental and related Partner offers.

3.7. “Leisure” means the Platform vertical for local experiences, activities, trips, tours, boats, jet ski and similar Partner-provided services.

3.8. “Underlying Service” means the actual vehicle rental, activity, trip, tour, experience, boat or jet ski use, or similar service provided by the Partner and not by Car&Vibe, unless a specific listing expressly states otherwise.

3.9. “Car&Vibe Fee” means a platform fee, service fee, commission or other fee charged by Car&Vibe to a Customer and/or Partner for use of the Platform and related platform services.

4. Platform and Partner roles

4.1. Car&Vibe is a digital marketplace platform that enables Customers to find, compare, submit booking requests, book, communicate about and pay for services offered by Partners.

4.2. The Partner is the actual provider of the Underlying Service. 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 a specific listing expressly and clearly states otherwise.

4.3. The contract for the Underlying Service is formed between the Customer and the Partner. Car&Vibe may enable or facilitate the formation, payment and operational handling of that relationship through the Platform, but does not assume the Partner’s obligation to perform the Underlying Service.

4.4. The Partner is responsible for legality, availability, quality, permits, insurance, safety, taxes, invoices or receipts and performance of the Underlying Service. Car&Vibe provides marketplace, platform and/or intermediation services and does not become the provider of the Partner Service unless expressly stated otherwise.

5. User account and eligibility

5.1. Certain Platform features may require a User account and accurate, complete and current information.

5.2. The User is responsible for protecting login credentials and for activity under the account, unless misuse is caused solely by Car&Vibe.

5.3. The User must be at least 18 years old to create an account and book services, unless stricter requirements apply to a specific service.

5.4. Car&Vibe may restrict or suspend an account where there is suspected misuse, fraud, a security risk, breach of these Terms or a legal requirement.

6. Bookings, requests and confirmations

6.1. The Platform may enable a booking request, booking confirmation or another booking process shown to the Customer at the time of use.

6.2. A booking is not confirmed until the Customer receives confirmation through the Platform, app, email or another official Car&Vibe channel.

6.3. A Partner may accept or reject a booking request. If the Partner rejects a request or the request expires before confirmation, the Partner has no obligation to provide the Underlying Service.

6.4. Before confirmation, the Customer must check the date, time, location, number of participants, licence requirements, age requirements, price, fees, cancellation rules and Partner terms.

7. Specific rules for Rent

7.1. Rent services are provided by the Partner as the actual lessor or rental provider. Car&Vibe does not own, maintain, rent out or operate Partner vehicles, unless a specific listing expressly states otherwise.

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

7.3. Before submitting a request or confirming a booking, the renter confirms that they hold a valid driving licence and meet the Partner’s rental requirements.

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

7.5. If Car&Vibe later introduces a Verified Driver feature, the terms and privacy rules will be updated before that feature is activated.

8. Specific rules for Leisure

8.1. Leisure services are provided by the Partner as the actual provider of the activity, trip, experience, tour, boat, jet ski or similar service.

8.2. The Partner is responsible for required permits, insurance, staff, guides, skippers, safety instructions, equipment, assessment of weather and safety conditions and issuing invoices or receipts to Customers where applicable.

8.3. The Customer must follow the Partner’s safety instructions, arrive on time, use equipment responsibly and disclose relevant limitations where needed for safe performance of a specific service.

9. Prices, payments, fees and invoices

9.1. Prices, mandatory fees and payment terms are shown to the Customer before booking confirmation to the extent available to the Platform at that time.

9.2. For Rent, the Partner provides the Underlying Service and issues an invoice or receipt to the renter for the rental where applicable.

9.3. For Leisure, the Partner provides the Underlying Service and issues an invoice or receipt to the Customer for that service where applicable.

9.4. Car&Vibe may charge the Customer or renter a separate service fee for use of the Platform. If such fee applies, its amount or calculation method is displayed before booking confirmation.

9.5. 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 partner terms or a separate commercial arrangement provide otherwise.

9.6. Car&Vibe revenue consists of platform fees, service fees, commissions or other fees for use of the Platform, not the full price of the Underlying Service, unless a specific listing expressly and clearly states otherwise. 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.

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

10. Cancellations, refunds and no-shows

10.1. Cancellations, refunds, no-shows, Partner refusals, booking request expiry and safety-related changes are governed by the Payment, Cancellation & Refund Policy and by rules displayed before booking confirmation.

10.2. If a Partner cancels a confirmed booking for a reason not caused by the Customer, the Customer may be offered an alternative date, substitute service or refund according to the rules shown to the Customer and mandatory law.

10.3. If the Customer does not show up, arrives after the displayed waiting period or fails to meet Partner requirements, refund rights depend on the rules displayed before booking and mandatory law.

11. Communication, messages and notifications

11.1. The Platform may enable messages between Customers and Partners for booking preparation, performance and support.

11.2. Car&Vibe may send emails, in-app messages and push notifications relating to accounts, bookings, payment status, Partner communication, support and important service notices.

11.3. The User can manage push notification permissions in device or app settings where applicable.

12. User conduct

Users must not use the Platform for unlawful, fraudulent, misleading or harmful purposes.

Users must not provide inaccurate information, bypass the Platform to avoid fees or interfere with Platform operation.

Users must comply with Partner terms, safety instructions, vehicle and equipment rules and the rights of others.

13. Complaints, support and alternative dispute resolution

13.1. Questions and complaints relating to the Platform may be sent to support@carandvibe.com.

13.2. Complaints relating to the Underlying Service itself are generally handled by the Partner as the actual provider. Car&Vibe may assist with communication but does not assume the Partner’s responsibility for the Underlying Service.

13.3. Information about available alternative dispute resolution options will be provided in accordance with applicable law.

14. Privacy

Personal data processing is governed by the Car&Vibe Privacy Policy. Partners may separately process Customer data in connection with providing the Underlying Service, issuing invoices, safety and legal obligations.

15. Intellectual property

The Car&Vibe name, marks, design, text, software, interface, databases and other Platform elements are protected by intellectual property rights owned by Car&Vibe or its licensors.

16. Platform availability

Car&Vibe aims to keep the Platform available but does not guarantee uninterrupted, secure or error-free operation. The Platform may be temporarily unavailable due to maintenance, upgrades, technical issues, security reasons or circumstances outside Car&Vibe’s reasonable control.

17. Liability

17.1. To the fullest extent permitted by applicable law, Car&Vibe is not liable for acts, omissions, delays, safety incidents, damage, injuries, non-performance or inaccurate information of Partners in relation to the Underlying Service.

17.2. Nothing in these Terms limits rights that cannot be limited under mandatory law, including consumer protection law.

18. Changes to these Terms

Car&Vibe may amend these Terms. The updated version will be published on the Platform or provided to the User where appropriate or legally required. Changes do not affect already confirmed bookings unless required for legal, safety or misuse-prevention reasons.

19. Governing law and disputes

These Terms are governed by Croatian law, unless mandatory consumer protection rules grant the User additional rights. Mandatory jurisdiction rules apply to consumers. For business users, the competent court in Split has jurisdiction unless otherwise agreed in writing.

20. Contact

Support: support@carandvibe.com

Legal notices and privacy: legal@carandvibe.com

General contact: hello@carandvibe.com

Addendum dated 12 August 2026: Customer choice between backend-offered payment models

This Addendum replaces the earlier inactive assumption that the Customer does not choose the model. Car&Vibe still determines which options are available for each listing, and the Customer selects only from options actually offered by the backend.

If both options are available, `full_online` is initially selected and marked as recommended. The recommendation is informational and does not change total price, Customer rights, cancellation or refund rules, or the safety of `reservation_fee_now`.

The backend revalidates the selected model code before booking creation. The client does not send or calculate amounts. If the selected model is no longer available, the request is rejected and a new selection is required, with no silent model substitution.

Car&Vibe supports `full_online` (“Pay in full online”) and `reservation_fee_now` (“Pay part online, balance at pickup” for Rent or “Pay part online, balance before the experience” for Experiences). The Car&Vibe backend determines which options are available for each listing. If it offers both, the Customer selects one of those allowed options.

The selected model, currency, total price, online amount, balance payable to the Partner and permitted balance payment methods are stored with the booking as an immutable snapshot. A later configuration change applies only to future bookings and does not change an existing booking.

The client does not calculate monetary amounts. The backend calculates all amounts in the smallest currency unit and owns rounding. The invariant is always: `total price = online reservation amount + balance payable to the Partner`.

Authorization is a temporary hold of funds and is not a final charge. Capture occurs only when the authorized amount is successfully charged after Partner acceptance. Release removes an uncaptured authorization and is not a refund. A refund returns an amount that was already captured.

Under `full_online`, 100% of the total price is authorized before Partner acceptance. After acceptance, 100% is captured and the amount payable to the Partner on arrival is EUR 0. Car&Vibe commission is 15% and the Partner is entitled to 85% under the existing payment/payout model. The 15% non-refundable online reservation amount rule does not automatically apply to this model; the existing cancellation and refund rules displayed and accepted for the specific booking apply.

Under `reservation_fee_now`, the online reservation amount is the backend-calculated 15% of the total price and the balance payable to the Partner is the difference up to the total price, ordinarily 85%. The online reservation amount forms part of the total price and is not an additional fee on top of it. Only the online reservation amount is authorized before Partner acceptance and only that amount is captured after acceptance. The Customer pays the balance directly to the Partner on arrival by card or cash, solely according to the methods stored and displayed for the booking.

When `reservation_fee_now` has been lawfully and technically activated, Car&Vibe receives the online reservation amount in the name and on behalf of the Partner as a limited collection agent. Payment to Car&Vibe discharges the corresponding part of the same total price owed by the Customer to the Partner; the Partner must not collect that part again from the Customer.

After Partner acceptance and successful capture, the online reservation amount under `reservation_fee_now` is non-refundable if the Customer voluntarily cancels, does not appear or fails to meet a clearly displayed and previously accepted requirement such as age, valid driving licence, identification document, deposit or safety requirement. This clause does not limit the Customer's mandatory rights.

The captured online reservation amount under `reservation_fee_now` is refunded in full if the Partner cancels after acceptance; the vehicle or service is unavailable; the Partner confirms that a trip cannot operate due to weather or safety; extraordinary circumstances objectively prevent the agreed service; the Partner materially changes the time, location, vehicle, trip or content and the Customer declines the offered replacement; there is a technical error or duplicate charge; mandatory law requires a refund; or an authorised administrator approves a documented exception.

If the Partner rejects the request or it expires before acceptance, the authorization is released in the first instance. If an amount was nevertheless captured in error, it is refunded in full. 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 issues the Customer the required invoice for 100% of the total Underlying Service price. The invoice or related documents should connect the 15% 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. Under `reservation_fee_now`, the collected online reservation amount may be set off against the Partner's commission obligation only where the set-off is expressly agreed, relates to the same booking and is confirmed for accounting purposes.

If the Customer cancels or does not appear after Partner acceptance under `reservation_fee_now`, Car&Vibe retains the captured online reservation amount as the agreed reservation/cancellation commission in its relationship with the Partner. If the Partner cancels or the service cannot be provided without Customer responsibility, the commission is reversed and the captured online reservation amount is refunded to the Customer.

A Stripe confirmation, PaymentIntent, payout, balance transaction or settlement report is used for payment processing and reconciliation but is not a tax invoice. Capture of the online reservation amount does not by itself determine when Car&Vibe recognises revenue. Advance and final invoices, set-off, fiscalization, eInvoicing, VAT, cancellation tax treatment and revenue recognition are handled under applicable law and this contractual model.

Where a contract concerns car rental or leisure services for a specific date or period, the statutory withdrawal right for distance contracts may be excluded under applicable consumer law. That possible exception does not remove the contractual cancellation rules, remedies for non-performance or other mandatory Customer rights.

Before submission, checkout must clearly show the total price, authorization amount, amount captured after Partner acceptance, amount payable to the Partner, model, non-refund conditions and full-refund reasons. The accepted type, version, locale and hash of each legal document are stored with the booking; historical acceptances and the booking snapshot are not amended later.

When both options are actually available, `full_online` is shown as the initially selected and recommended option. That recommendation does not change the total price, Customer rights, the safety of the other model, or cancellation and refund rules.

The Customer client sends only the selected allowed model code and does not send or calculate amounts. At booking creation the backend revalidates model availability and every monetary amount. If the selected model is no longer available, the request is rejected and the Customer must select again; the model is not changed automatically or silently.

Both models have the same total price. Under `reservation_fee_now`, the balance is paid to the provider at vehicle pickup for Rent and before the experience for Experiences, using the methods stored with the booking.