Please read these Terms of service carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, except where prohibited, an agreement to arbitrate on an individual basis (unless you opt out), and obligations to comply with applicable laws and regulations.
Gabo Mata Inc., for and on behalf of its subsidiaries (collectively, “Gabo Mata”, “we”, or “us”), provides an online car sharing platform that connects vehicle owners with travelers and locals seeking to book those vehicles. Gabo Mata is accessible online including at GaboMata.com and as an application for mobile devices. Gabo Mata’s websites, blog, and mobile applications and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Gabo Mata users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Gabo Mata.
Modification. Gabo Mata reserves the right, at our sole discretion, to modify our Services or to modify these Terms at any time. If we modify these Terms, we will post the modification on our Services. We will also update the “Last Revised” date at the top of these Terms. By continuing to access or use our Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Gabo Mata Account within 30 days, in which case the previous effective version of these Terms will apply to you, unless you have used the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.
If you have any questions for us concerning the Agreement, or Gabo Mata generally, please contact us at support.GaboMata.com. Any questions related to protection plans in the United States should be directed to Gabo Mata Insurance Agency, LLC (“Gabo Mata Insurance Agency”) at claims@GaboMata.com or 1 (305) 331-0913. For all other regions, direct questions related to protection plans to support.GaboMata.com.
Eligibility. Our Services are intended solely for persons who are 21 or older. Any use of the Services by anyone under 21 is expressly prohibited.
Registration. To access certain features of the Services, you must sign up for an account with us (a “Gabo Mata Account”) by either providing us your email address and creating a password or connecting through an account with a third-party site or service (including Facebook and Google).
Verification. When you list or book a vehicle, you provide us with certain information about yourself to enable us to verify your identity in order to become an “Approved Driver”. You promise to provide complete and accurate information to Gabo Mata about yourself and your vehicle(s), if applicable. Where permitted, Gabo Mata has the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of users and vehicles, including driving history and driver’s license validity. Gabo Mata does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. Gabo Mata may in its sole discretion use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Gabo Mata to request, receive, use, and store such information. Gabo Mata may accept or reject your application to become an Approved Driver in its sole and absolute discretion. Gabo Mata may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety or roadworthiness of any vehicles beyond our policies that require vehicle owners to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean (non-salvaged/non-branded/non-washed/non-written off) title, not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.
Consumer Report Authorization. When you apply to become an Approved Driver or at any time after where Gabo Mata reasonably believes there may be an increased level of risk associated with your Gabo Mata Account, you provide Gabo Mata with written instructions and authorization in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report and/or conduct a background check, including a criminal background check where permissible under applicable law.
Ongoing Information Updates. You promise to update the information you have provided to Gabo Mata in the event of any changes to your driving record, contact information, or background. Specifically with respect to your contact information, Gabo Mata may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us. Also, you are, and will be solely responsible for, all of the activity that occurs through your Gabo Mata Account, so please keep your password and Gabo Mata Account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Gabo Mata Account, whether or not you have authorized such activities or actions. You will immediately notify Gabo Mata of any actual or suspected unauthorized use of your Gabo Mata Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Gabo Mata Account after you have reported unauthorized access to us.
Your Commitments. You agree that you will always use your Gabo Mata Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Gabo Mata. As a vehicle owner or host (“host”), you commit that you will provide a safe and legally registered and insured vehicle, with a clean (non-salvage/branded/written off) title, in good mechanical condition, on time to the traveler or guest who is an Approved Driver ( “guest”). As a guest, you commit that you’ll be a legally licensed driver and provide proof to the host of a current, valid driver’s license, who will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. In connection with your use of or access to the Services you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violate any law, including:
breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third party rights;
post false, inaccurate, misleading, defamatory, or libelous content;
infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Gabo Mata, or that comes from the Services and belongs to another Gabo Mata user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Gabo Mata;
Dilute, tarnish, or otherwise harm the Gabo Mata brand in any way, including:
through unauthorized use of Gabo Mata and/or user content;
registering and/or using Gabo Mata or derivative terms in domain names, trade names, trademarks, or otherwise;
registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Gabo Mata domains, trademarks, taglines, promotional campaigns, or Gabo Mata and/or user content.
Provide or submit any false information, including:
false name, date of birth, driver’s license, payment method, credit card, insurance, or other personal information;
a claim, or respond to a claim (for example about damage to a vehicle), with false or misleading information;
offer, as an owner, any vehicle or optional Extra that you do not yourself own or have authority to share;
offer, as an owner, any vehicle that may not be shared for compensation pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a lease or financing agreement;
offer, as an owner, any vehicle that has a salvaged, branded, written off, washed, or unclean title or that is not safe, legally registered, or not insured to be driven on public roads;
offer, as an owner, any Extra that is not safe, clean, and acceptable for the use it is intended;
book or drive any vehicle without a valid driver’s license;
any listing with false or misleading information, or any listing with a price that you do not intend to honor;
register for a Gabo Mata Account on behalf of an individual other than yourself;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
Fail to honor your commitments, including:
fail to pay fees, penalties, or other amounts owed to Gabo Mata or another user;
fail, as either a guest or host, to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason as set out in our Policies;
use the Services to find a host or guest, and then complete a transaction partially or wholly independent of the Services, in order to circumvent the obligation to pay any fees related to Gabo Mata’s provision of the Services or for any other reasons (aka, gray market transactions);
transfer your Gabo Mata Account and/or user ID to another party without our consent;
allow anyone other than an Approved Driver with whom you are traveling to drive the vehicle you have booked;
list or provide to a guest a vehicle that is subject to a safety recall without first properly addressing the matter subject to the recall;
leave a vehicle unlocked or running or unattended with the keys inside, except where instructed to do so directly by Gabo Mata in certain limited circumstances.
Harm or threaten to harm users of our community, including:
“stalk” or harass any other Gabo Mata user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Gabo Mata owner or guest in accordance with these Terms;
engage in physically or verbally abusive or threatening conduct;
use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers;
treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they’re from, or when they were born. Discrimination of any kind is not tolerated in the Gabo Mata community;
Use the Services for your own unrelated purposes, including to:
contact a host for any purpose other than in relation to a booking or said host’s vehicle(s) or listing(s);
contact a guest for any purpose other than in relation to a booking or such guest’s use of the Services;
commercialize any content found on Gabo Mata or software associated with our Services, including reviews;
harvest or otherwise collect information about users without their and our consent;
recruit or otherwise solicit any user to join third party services or websites that are competitive to Gabo Mata, without Gabo Mata’s prior written approval;
Interfere with the operation of the Services, including by:
interfering with any other user’s listings;
entering into a Gabo Mata transaction with a member of your family, household, friend, colleague, or acquaintance;
distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of our Services, or harm Gabo Mata or the interests or property of others;
bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure;
systematically retrieving data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise;
using display mirroring or framing the Services or any individual element within the Services, Gabo Mata’s name, any Gabo Mata trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without Gabo Mata’s express written consent;
accessing, tampering with, or using non-public areas of the Services, Gabo Mata’s computer systems, or the technical delivery systems of Gabo Mata’s providers;
attempting to probe, scan, or test the vulnerability of any of Gabo Mata’s system or network or breach any security or authentication measures;
avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Gabo Mata or any of Gabo Mata’s providers or any other third party (including another user) to protect the Services;
forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
endeavoring to circumvent a suspension, termination, or closure of your Gabo Mata Account, including, but not limited to, creating a new Gabo Mata Account to circumvent an account suspension or closure or giving vehicles registered to you or a member of your household to other Gabo Mata users to list.
Violations. Gabo Mata has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law. Gabo Mata may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against Gabo Mata or to comply with permissible legal process (for example, subpoenas or warrants); to enforce or administer these Terms; to do so for fraud prevention, risk assessment, investigation, customer support, product development, and debugging purposes; and/or to protect the rights, property, or safety of Gabo Mata, its employees, its users, or members of the public.
Gabo Mata reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Gabo Mata, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement, or otherwise harmful to the Services or our community. If we believe you are abusing Gabo Mata, our users, or employees in any way or violating the letter or spirit of any of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Gabo Mata Account(s) and access to our Services, remove hosted content, deny a claim for coverage, remove and demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
Policy Enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Fees; Collection of Fees. The fees we charge for using our Services and other cost structures can be found on our Policy Pages. When you provide Gabo Mata a payment method, you authorize Gabo Mata, or third-party service providers acting on Gabo Mata’s behalf, to store your payment credential for future use in the event you owe Gabo Mata any money. You authorize Gabo Mata to use stored payment credentials for balances, including for Trip Costs, payment, fines and fees (e.g., late fees, security deposits, processing fees and claims costs and related administrative fees). Gabo Mata and its partners will employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. Gabo Mata, or the collection agencies we retain, may also report information about your Gabo Mata Account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your Gabo Mata Account may be reflected in your credit report. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by e-mail or phone, as provided to Gabo Mata by you. Such communication may be made by Gabo Mata or by anyone on its behalf, including but not limited to a third-party collection agent. If you wish to dispute the information Gabo Mata reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact support.GaboMata.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Gabo Mata Account, you must contact the collection agency directly. Any use of referral travel credit is governed by the terms and conditions outlined in this policy.
Communications with You. In order to contact you more efficiently, you agree that we may at times contact you using autodialed or prerecorded message calls or text messages at your telephone number(s). We may place such calls or texts primarily to confirm your signup; provide notices regarding your Gabo Mata Account or Gabo Mata Account activity; investigate or prevent fraud; collect a debt owed to us; or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Gabo Mata is required to obtain your consent for such communications, you may choose to revoke your consent.
You authorize Gabo Mata and its partners, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with Gabo Mata or its agents for quality control and training purposes. You acknowledge and understand that your communications with Gabo Mata may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through support.GaboMata.com.
Insurance. In the event of a conflict or inconsistency between the explanation of insurance coverage in these Terms and an insurance policy offered to the Gabo Mata community, the insurance policy language controls. In Canada, the applicable law regarding insurance policies are the laws of Canada and the laws of the province where the policy has been issued. For more information click here. There is no insurance or protection available via the Services outside the United States, the United Kingdom, Germany, or the Canadian provinces of Alberta, Ontario, and Quebec.
LEGAL DISPUTES FOR OWNERS AND GUESTS RESIDING ANYWHERE OTHER THAN CANADA
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND GABO MATA HAVE AGAINST EACH OTHER ARE RESOLVED.
Subject to applicable law, the Parties agree that any claim or dispute at law or equity between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Services or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Applicable Law. Except as otherwise stated in the Agreement, the Agreement and your use of the Services will be interpreted in accordance with the laws of the State of Arizona and the United States of America, without regard to its conflict-of-law provisions.
Agreement to Arbitrate. The Parties each agree that any and all disputes or claims that have arisen or may arise between you and Gabo Mata (including its respective subsidiaries, employees, officers, directors, agents, third party insurance brokers or products, and third party claims administrators) relating in any way to or arising out of the Agreement, your use of, or access to the Services, or any services sold, offered, or purchased through the Services (such as listing or sharing a vehicle) or any breach, enforcement, or termination of the Agreement shall be resolved exclusively through final and binding arbitration, rather than in court, except that each Party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the “Agreement to Arbitrate”). The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief. THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of the Agreement to Arbitrate, or the interpretation of the section “Prohibition of Class and Representative Actions and Non-Individualized Relief”, shall be for a court of competent jurisdiction to decide.
Where the relief sought is $25,000 or less, the arbitration will be conducted by FairClaims in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. Where the relief sought is $25,001 or more, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate.
A Party who intends to seek arbitration must first send to the other, by email, a notice of dispute (“Notice”). The Notice to Gabo Mata should be sent via email to support@GaboMata.com. Please provide your name, telephone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from Gabo Mata.
If the Parties are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, either Party may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the FairClaims website or the AAA’s site. (The AAA provides a Demand for Arbitration form.) Any settlement offer made by you or Gabo Mata shall not be disclosed to the arbitrator.
Any FairClaims arbitration hearing shall be held via written submission, or where requested, videoconference. Any AAA arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. Either Party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the Parties subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Gabo Mata may attend by telephone.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Gabo Mata user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The Parties agree that all communications and evidence related to the dispute will remain confidential, and neither party shall take any action that will harm the reputation of any of the other, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the Parties or entities.
Costs of Arbitration. Gabo Mata will cover the cost of any FairClaims arbitration fees for you. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in the Agreement to Arbitrate.
Severability. With the exception of the provisions in the section “Prohibition of Class and Representative Actions and Non-Individualized Relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section “Prohibition of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and its Legal Disputes Section will continue to apply.
Opt-Out Procedure. IF YOU ARE A NEW GABO MATA USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION BY EMAILING US AN OPT-OUT NOTICE TO firstname.lastname@example.org EMAIL ADDRESS (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. In order to opt-out, you must email your name, address (including street address, city, state, and zip/postal code), and email address(es) associated with your Gabo Mata Account(s) to which the opt-out applies and to email@example.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement, these Terms, and its Legal Disputes Section will continue to apply to you.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, the Parties agree that if we make any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed against Gabo Mata prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between the Parties. If you do not agree to these amended terms, you may close your account within the 30 days of our posting or notification and you will not be bound by the amended terms, but will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to Gabo Mata, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of these Terms.
Judicial Forum for Legal Disputes. Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate, as a result of a decision by the arbitrator or a court order, or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, you agree that any claim or dispute that has arisen or may arise between the Parties must be resolved exclusively by a state, federal, or small claims court located in Florida. The Parties agree to submit to the personal jurisdiction of a state court located in Dade County, Miami, Florida or a United States District Court for the District of Florida located in Miami.
LEGAL DISPUTES FOR OWNERS AND GUESTS RESIDING IN CANADA
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS THE PARTIES HAVE AGAINST EACH OTHER ARE RESOLVED
Resolution of disputes. If a dispute arises between the Parties, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, the Parties agree that we will resolve any claim or controversy at law or equity that arises out of the Agreement or our Services in accordance with one of the subsections below or as the Parties otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes. The laws of the Province of Ontario and the applicable federal laws of Canada shall govern the Agreement and any dispute or claim you have against Gabo Mata in all respects unless you are a resident of Quebec. All residents of Canada, other than residents of Quebec, agree that any claim or dispute you may have against Gabo Mata must be resolved by a court located in Toronto, Ontario, except as otherwise agreed by the Parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the Province of Ontario for the purpose of litigating all such claims or disputes unless you are a resident of Quebec.
Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than CAD$15,000, the Party requesting relief may seek to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event that a Party elects for arbitration and the other Party agrees to such arbitration, such arbitration shall be initiated through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the Parties. The ADR provider and the Parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, the specific manner shall be chosen by the Party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the Parties or witnesses unless otherwise mutually agreed by the Parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
OTHER LEGAL MATTERS
Gabo Mata Photography. Gabo Mata may offer hosts the option of having photographers take photographs of their vehicles and/or hosts with their vehicles (“Images”). You alone are responsible for using the Images in connection with your Gabo Mata listing and you warrant that you will cease using the Images if they no longer accurately represent your vehicle. You agree that Gabo Mata is the sole and exclusive owner – or exclusive licensee, as allowed by applicable law – of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity rights, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or Gabo Mata’s ownership or registration thereof. You acknowledge that Gabo Mata may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the Gabo Mata photography program, you agree that you will not use the Images in connection with sharing your vehicle on any platform, website, or application other than Gabo Mata. At Gabo Mata’s request, you will execute documents and take such further acts as Gabo Mata may reasonably request to assist Gabo Mata to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.
You understand that if Gabo Mata uses the term “Verified Images” the term is intended only to indicate a photographic representation of the vehicle at the time the photograph was taken. Verified Images are therefore not an endorsement by Gabo Mata of any user or any vehicle.
Gabo Mata Content and User Content License. Subject to your compliance with the provisions of these Terms, Gabo Mata grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Gabo Mata and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Gabo Mata or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through our Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle or trip. By making available any content on or through the Services, or through Gabo Mata promotional campaigns, you grant Gabo Mata a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to Images, Gabo Mata does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
Promotions. Learn more about our current promotions here. You must be a user in good standing (e.g., not suspended) and comply with these Terms and the promotion rules to qualify for any promotional compensation. Users who attempt to abuse our promotions are subject to cancellation/reversal of the promotion amounts and suspension from the Gabo Mata community. Guests and hosts cannot cancel existing reservations to qualify for new promotions. Hosts cannot allow acquaintances, friends, or family to book their vehicle in order to qualify for promotions.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate Gabo Mata Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices here.
Terms for Protection Plans. Gabo Mata is not an insurance company and does not insure hosts or guests. In the United States (excluding the state of New York where the Services are not available), Gabo Mata makes protections plans available to hosts and guests (except in the case of Commercial Hosts) with respect to the vehicle shared. Any insurance that is included in a protection plan is provided through Gabo Mata Insurance Agency, an Arizona insurance producer. In the United Kingdom, Germany, and the provinces of Alberta, Ontario and Quebec, Gabo Mata, or third parties acting for the mutual benefit of Gabo Mata, make protection plans available to hosts and guests (except in the case of Commercial Hosts) with respect to the vehicle shared. In addition to the terms set forth in the sections “Your Financial Responsibility is Primary” and “Other Insurance and Legal Matters”, protection plan details and other specifics can be found in the Policies and for users in Canada here.
Termination. You may discontinue your use of the Services at any time and Gabo Mata may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations You incurred prior to the termination and Gabo Mata may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.
No Vehicle Transfer or Assignment. Except as otherwise provided herein, guests and hosts agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle or optional Extras shared through the Gabo Mata Services.
Disclaimers. GABO MATA PROVIDES SERVICES THAT ENABLE THE SHARING OF VEHICLES AND OPTIONAL EXTRAS BETWEEN HOSTS AND GUESTS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, GABO MATA DOES NOT ITSELF PROVIDE VEHICLE SHARING OR RENTAL SERVICES AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE VEHICLE OR ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, GABO MATA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Gabo Mata makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Gabo Mata makes no warranty regarding the quality of any listings, vehicles, hosts, guests, Extras, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Gabo Mata, Gabo Mata Insurance Agency, or its service providers or through the Services or content, will create any warranty not expressly made herein.
Limitation of Liability and Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST GABO MATA AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “GABO MATA PARTIES”) AND ANY GABO MATA USER (EXCEPT AS DETAILED BELOW FOR TRANSACTIONS WHERE THE HOST PROVIDES THEIR OWN COMMERCIAL/RENTAL PROTECTION PLAN OR WITH RESPECT TO OPTIONAL EXTRAS) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, A VEHICLE NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN A VEHICLE, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR PASSENGERS (EXCEPT IF DAMAGE ARISES FROM AN EXTRA) AND, IN THE CASE OF THE GABO MATA PARTIES, ANY ACTIONS OR INACTION OF THE HOST. NEITHER GABO MATA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. Except for our obligations to pay amounts to applicable hosts or guests pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will Gabo Mata’s or its subsidiaries’ or insurers’ aggregate liability arising out of or in connection with this Agreement or your use of the Services, exceed the greater of (i) the amounts you have paid or owe for bookings via the Services as a guest in the twelve month period prior to the event giving rise to the liability, or if you are a host, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (ii) US$100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GABO MATA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY GABO MATA USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES UNLESS (1) YOU ARE A HOST WHO HAS DECLINED A PROTECTION PLAN VIA THE SERVICES AND ARE MAKING A CLAIM AGAINST A GUEST WHO BOOKED A VEHICLE FOR WHICH YOU OPTED TO PROVIDE YOUR OWN COMMERCIAL/RENTAL INSURANCE OR COVERAGE TO THE GUEST; (2) YOU ARE A GUEST WHO BOOKED A VEHICLE FROM A HOST WHO OPTED TO DECLINE A PROTECTION PLAN VIA THE SERVICES AND SUCH HOST OPTED TO PROVIDE INSURANCE OR PROTECTION DIRECTLY TO YOU AND YOU ARE MAKING A CLAIM AGAINST THAT COMPANY/HOST; OR (3) YOUR CLAIM RELATES TO AN OPTIONAL EXTRA PURCHASED USING THE SERVICES.
Indemnification. To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Gabo Mata and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms; your user content; your interaction with any user, booking of a vehicle, or creation of a listing for a vehicle; or the use, condition, or trip, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a booking, sharing, or use of a vehicle or optional Extra.
Liquidated Damages/Contract Penalty. You acknowledge that the actual damages likely to result from you (i) engaging in gray market transactions (i.e., using Gabo Mata to find a guest or vehicle, and then completing a reservation or related transaction partially or wholly independent of Gabo Mata, in order to circumvent the obligation to pay any Gabo Mata Fees) or (ii) registering domains, social media handles, bidding on key words, or otherwise using the Gabo Mata domains, trademarks, or taglines are difficult to estimate and would be difficult for Gabo Mata to prove. You will pay Gabo Mata $5,500 in Liquidated Damages to compensate Gabo Mata for any such conduct. This amount is not intended as a punishment for any such breach. In Germany, if you are a consumer, you have a right to prove that actual damages were lower.
Gabo Mata is not a rental car company. It does not own a fleet of vehicles, and is not, in the business of renting vehicles to the public. Gabo Mata provides an online platform where vehicle owners and those in need of a vehicle can meet and share vehicles amongst themselves subject to these Terms.
Rounding Off. Gabo Mata may, in its sole discretion, round up or down amounts that are payable from or to hosts or guests to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) where permissible under applicable law.
No Agency. Gabo Mata does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Gabo Mata and Gabo Mata will not make commitments on your behalf, except as contemplated by the Services or expressly stated in the Agreement.
General. The Agreement states the entire understanding between you and Gabo Mata concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your vehicles on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Gabo Mata. You will remain responsible for your obligations hereunder in any event. If any provision of the Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. A Gabo Mata Director or Officer must agree to any modification or waiver of any term of the Agreement in writing. Gabo Mata’s failure to exercise any right under the Agreement will not constitute a waiver of any other right Gabo Mata may have. There is personal vehicle sharing legislation that may apply to you; more information is available in our FAQs.
Headings are for reference purposes only and do not limit the scope or extent of such section. Except as otherwise provided in the Agreement, if any provision of these Terms are held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
Gabo Mata can be contacted at the these addresses. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 19051 Collins Avenue
Sunny Isles Beach, Florida 33160
, or by telephone at 1 (305) 331-0913.
Translations. Where Gabo Mata has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence.
SPECIFIC TERMS FOR GUESTS
The following Sections also apply if you book a vehicle using the Services:
Fees. You are responsible for paying all fees when they come due. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines) incurred during the reservation period. Learn more about the various fees you may incur here.
Your Financial Responsibility Is Primary. With regard to damage, losses, or other liabilities, you acknowledge that, where permissible under applicable law, you are primarily liable for your liabilities under the Agreement, though you may fund that primary liability via any personal insurance you have available to you (e.g., applicable personal auto insurance or insurance from credit cards, etc.) as the primary source of funds. Any protection plan you select when booking a vehicle, to the extent offered, will not be available to you until your personal insurance has been exhausted. In addition, the protection plan you select when booking a vehicle, if any, may not be available to you in the event you breach your obligations under these Terms or our Policies. Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses, or other liabilities relating to your activities through the Services. You agree that in the event damage is reported, Gabo Mata may immediately charge you up to the amount stipulated in the protection plan you selected when you booked the vehicle. Nothing in these Terms is intended to limit your responsibilities or Gabo Mata’s legal rights in connection with your use of the Services. You acknowledge that Gabo Mata may require and hold a deposit as part of the reservation of a vehicle. Notwithstanding the above, if you book a vehicle registered in Maryland, the third-party liability coverage offered as part of a protection plan made available via the Services is primary, unless the vehicle booked is considered a “replacement vehicle” under your car insurance policy, in which case the coverage may be secondary. A “replacement vehicle” is typically defined as a vehicle that is being booked while your own vehicle is not in use because of a “loss” or because of breakdown, repair, service, or damage. Consult the language of your policy or speak to your insurance agent to determine whether a vehicle booked using the Services is considered a “replacement vehicle” under your policy. Gabo Mata Insurance Agency does not provide information or advice about whether a booked vehicle qualifies as a “replacement vehicle”.
In addition to the ”Terms for Protection Plans” section above you understand and agree:
Most hosts offering vehicles for sharing on the Services cannot offer commercial liability insurance to you. In the United States, any insurance included in a protection plan is provided through Gabo Mata Insurance Agency, an Arizona insurance producer. In the United Kingdom, Germany, and the Canadian provinces of Alberta, Ontario, and Quebec, Gabo Mata, or a third party acting for the mutual benefit of Gabo Mata, makes protection plans available to you. Gabo Mata does not make protection plans available via the Services outside the United States, the United Kingdom, Germany, or the Canadian provinces of Alberta, Ontario and Quebec. Where a host can offer guests at least legally required minimum insurance (e.g. liability and/or physical damage) through their own commercial or rental policy, the owner may choose to decline insurance via the Services and provide its own coverage directly to you as the guest. You can determine directly in the vehicle listing whether the vehicle is offered with a protection plan or insurance made available by Gabo Mata or Gabo Mata Insurance Agency or via the host directly.
Commercial Hosts. Where a Commercial Host represents that it will provide its own insurance, collision damage waiver, or protection plan to its guests, no third-party liability insurance, physical damage protection, and/or roadside assistance is made available via the Services by Gabo Mata, Gabo Mata Insurance Agency, and/or third party insurance partners or third party broker/producer. The Commercial Host will bill you directly for any applicable protection plan after booking, not through the Services. In these circumstances, the vehicle owner may require you to sign additional paperwork, provide a deposit, or pay additional fees, costs, or taxes after booking, for instance when picking up the vehicle. The host may also have additional requirements that differ from Gabo Mata requirements (like requiring a credit card deposit). By booking a vehicle where the Commercial Host is providing protection, you agree that the vehicle owner may impose additional terms and fees after booking.
Where the host has not opted to provide its own insurance and protection to you, you understand and agree that Gabo Mata Insurance Agency (in the United States), Gabo Mata, or third party insurance companies or producers, acting for the benefit of Gabo Mata and/or the owner will arrange for or provide primary liability insurance for the host and that you, as the guest, will not look to the host or the host’s insurance policy for coverage, in accordance with our Policies and all applicable vehicle sharing statutes. You are fully responsible for paying any damage to the vehicle, subject to the protection plan you selected, as well as deductibles, contribution, fees, expenses, liens, or fines arising out of your use of a vehicle booked through Gabo Mata. If Gabo Mata advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to Gabo Mata’s schedule for repayment of those amounts to Gabo Mata.
Use of the Vehicle. When you book a vehicle from a host through Gabo Mata, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Uber or Lyft) unless you have express written permission from Gabo Mata’s Legal Department in advance. You may not access a vehicle until the beginning of your reservation period and you must return the vehicle on time and in the correct location. You must present the host with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Gabo Mata has any concern about your use of a vehicle, Gabo Mata may terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the host. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). The Policies on our Services provide a list of Prohibited Uses of any vehicle shared through the Services. The list isn’t meant to be exhaustive. If you have any concerns about your planned use, please contact support.GaboMata.com. You will be fully financially responsible for any claims, loss, or damage related to your misuse of a vehicle, and your protection plan may be voided. Guests also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.
Condition of the Vehicle and Optional Extras. You understand that third parties own the vehicles and Extras offered through the Services. Each owner is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation here to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Gabo Mata, third party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; in that event, please contact the Gabo Mata team immediately at firstname.lastname@example.org
1 (305) 331-0913
19051 Collins Avenue
Sunny Isles Beach, Florida 33160
Incident Reporting. Where you elected for a protection plan when booking your trip via Gabo Mata, you must immediately report any damage to the vehicle you are using to Gabo Mata at support.GaboMata.com, or email@example.com
1 (305) 331-0913
19051 Collins Avenue
Sunny Isles Beach, Florida 33160
, and if there has been a collision, to the police as well. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Gabo Mata or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Gabo Mata, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of Gabo Mata staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.
State Laws Regarding Rental Car Theft. It is a felony in most states to fail to return a rental car within a certain period of time after the rental period has expired. The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your insurance coverage and/or protection plan:
If you fail to return the vehicle you booked at the time and place agreed upon with the host and/or designated in your reservation;
If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Gabo Mata system as set forth here;
If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the owner. Any damage to, or loss or theft of, a vehicle occurring prior to the host inspecting the vehicle upon return at the end of the reservation is the guest’s responsibility;
If you misrepresent facts to the host pertaining to booking, use, or operation of vehicle;
If the vehicle’s interior components are stolen or damaged or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during the reservation period;
If you fail or refuse to communicate in “good faith” with host, police, Gabo Mata, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fails to cooperate in the investigation of any accident or vandalism;
If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license; whose driver’s license becomes invalid during the reservation period; who has obtained the keys without permission of the host; or who misrepresents or withholds facts to/from the host or Gabo Mata material to the booking, use or operation of vehicle.
The primary guest who books the reservation is responsible for any private investigation costs Gabo Mata deems necessary to recover a vehicle that is not returned. In addition, a $500 case administration fee will be imposed on the primary guest if Gabo Mata and/or the host has to report a vehicle as stolen to law enforcement due to it not being returned.
Repossession. Gabo Mata, a hired agent of Gabo Mata, or the host may repossess any vehicle booked through the Services without demand, at the guest’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.
Missing Vehicles. If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host; file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 24 hours after discovering it has gone missing; and cooperate fully with the host, law enforcement, Gabo Mata, and other authorities in all matters related to the investigation.
SPECIFIC TERMS FOR OWNERS
The following Sections also apply if you share your vehicle through the Services:
Information Given at Registration. When you sign up for Gabo Mata, you will identify passenger vehicle(s) that you want to list for sharing through the Services. Each vehicle must meet the requirements found here. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation.
Vehicle Availability. Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the guest. If you offer the guest the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle accurately to Gabo Mata and ensure that the vehicle is available at that location at the beginning of the reservation period. In order to qualify for available protection plans, you must verify that a prospective guest has a current, valid driver’s license before you provide the guest your vehicle, and ensure the driver’s license matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on a facially valid driver’s license.
Trip Fees. You will have the ability to set and revise the vehicle’s pricing as you choose. Learn more about Automatic Pricing here. Gabo Mata will pay you the amount collected from those who book your vehicle, less the applicable fees payable to Gabo Mata. A current fee schedule can be found here. To the extent you owe Gabo Mata money for any reason, Gabo Mata also reserves the right to deduct those amounts from your payment.
Taxes & Airport Permitting Fees. You understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes in connection with your use of our Services. Please familiarize yourself with the applicable tax regulations and consult with your personal tax advisor. Further, some airports where you offer delivery may take the position that you must have a permit to use airport premises and remit fees. While Gabo Mata does not believe that rental car permits should apply to peer-to-peer carsharing, not all airport authorities agree with this position. For trips in Maryland, Gabo Mata will automatically add applicable taxes and fees to the reservation and remit to Maryland on your behalf.
Maintenance. You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You will only list vehicles with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be booked. In addition, if Gabo Mata believes that your vehicle does not conform to reasonable standards, Gabo Mata may notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. Gabo Mata may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Services. Learn more about our vehicle eligibility requirements here.
Incident Reporting. If you did not decline a protection plan made available via the Services, and you believe that a guest has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of reservation) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, Gabo Mata or third-party claims administrators will reasonably determine whether the damage occurred during the reservation period and is eligible for coverage. If it was, and you did not decline a protection plan made available via the Services, you will be reimbursed for the loss as described in the sections below. If Gabo Mata is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by Gabo Mata or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any financial responsibility for such damage.
Physical Damage. During each reservation period where you opted to receive a protection plan made available via the Services by Gabo Mata or its insurance partners in the United Kingdom, Germany, or Canada, Gabo Mata or its insurers will bear the risk of theft, destruction, or damage with respect to your vehicle, subject to the Terms and as described here in the United States, here in the United Kingdom, here in Germany, and here in Canada. There is no insurance or protection made available via the Services outside the United States, the United Kingdom, Germany, and the Canadian provinces of Alberta, Ontario, and Quebec. In the event of a loss that is covered by the Agreement, Gabo Mata, its insurers, and/or its adjusters will, at their option, pay you either the reasonable and actual expenses of repair of the vehicle or the actual cash value (“ACV”) of your vehicle (if, for instance, the expected cost of repairs exceeds 75% of the ACV of the vehicle). For owners who select Premium (where available) and Standard Protection Packages, Gabo Mata will also reimburse you a reasonable amount in cash or driving credit to pay for a replacement vehicle from the date of loss until the repairs are completed or, in the event of a total loss, until the earlier of the date when Gabo Mata or third-party claims administrators make the first settlement offer or the date when you replace the vehicle. Note, if Gabo Mata or third-party claims administrators choose to pay you the ACV for your vehicle, you will be required to transfer title to the vehicle to Gabo Mata or its agent. The standard for the vehicle’s ACV will be as determined by Gabo Mata or its third-party claims administrators and in compliance with applicable law.
Damage Exclusions. There are some exceptions to Gabo Mata’s obligations in the “Physical Damage” section above, even where you have selected a protection plan made available via the Services. Gabo Mata Insurance Agency (in the United States), Gabo Mata and its insurers and producers are not responsible for any optional Extras or any personal property, including any aftermarket installations (e.g. equipment racks), that are taken from your vehicle or damaged during a reservation period. We recommend that you remove all personal property before making the vehicle available for a reservation. In addition, you should expect normal wear and tear on your vehicle and optional Extras, including minor scrapes and dings, in connection with your participation in the Services. Gabo Mata will not reimburse you for normal wear and tear to your vehicle other than as described here. Any protection, coverage, and/or insurance provided may be voided if you violate these Terms, our Policies, and/or submit inaccurate information about your vehicle when listing it for sharing on the Services (for example, falsely represent the make, model, or year of the vehicle).
Other Insurance and Legal Matters. In addition to the terms provided in the “Terms for Protection Plans” section above and “Owners who decline Gabo Mata protection” section below, you agree to comply with any and all applicable laws and regulations, including applicable registration and minimum insurance requirements for your vehicle. For more information about Canada click here. As part of your participation in the Services, you must maintain your own insurance policy and meet any minimum insurance levels required by law. In the United States, there is personal vehicle sharing legislation that may apply to you; more information is available in our FAQs. Where permitted by law and where you opted for a protection plan made available via the Services by Gabo Mata Insurance Agency or Gabo Mata, you hereby appoint Gabo Mata Insurance Agency or Gabo Mata (as the case may be) as your attorney-in-fact for the purpose of filing insurance claims, receiving insurance payment, otherwise administering an applicable insurance policy, and/or working with law enforcement, guests, or private entities to recover unreturned or impounded vehicles. You also promise to maintain registration information and proof of insurance in your vehicle during every reservation period. Gabo Mata Insurance Agency and Gabo Mata may obtain insurance through a third party provider or may choose to self-insure (meaning Gabo Mata takes on all or part or all of the insurance obligations itself, subject to all applicable laws and regulations). You agree to provide Gabo Mata with information regarding your policy’s coverage as may be requested. You must inform Gabo Mata promptly in the event information previously provided changes. For owners in Canada, these additional terms apply during the reservation period.
Additional Provisions Applicable in Quebec. Each owner in Quebec grants Gabo Mata the right to use and enjoy the vehicle, solely during the sharing period, subject to Gabo Mata’s obligations to the vehicle owner to preserve the substance of the vehicle pursuant to this Agreement. Each vehicle owner in Quebec agrees that Gabo Mata’s obligation to preserve the substance of his or her vehicle is fulfilled by Gabo Mata obtaining commercial automobile insurance coverage, the terms, limitations, and exclusions of which are set out in the standard form automobile policy applicable in the province of Quebec (Q.P.F. no. 1).
Indemnification. If you selected a protection plan via the Services, in the event of any claim for a loss or injury that occurs during the use of your vehicle by a guest (or by Gabo Mata itself), Gabo Mata or its insurers will defend and indemnify you against such claims as required by applicable law. In connection with any indemnified claim, you are required to give Gabo Mata or its insurers prompt written notice of the claim; allow Gabo Mata sole control over the defense of the claim; and provide Gabo Mata reasonable cooperation in its defense of the claim, at Gabo Mata’s expense. If Gabo Mata or its insurers reimburses you for a lost or damaged vehicle and you later receive payment for some or all of your vehicle from a third party (e.g. a third party insurance company or restitution), you must reimburse Gabo Mata any monies received from that third party in an amount equivalent to, but not to exceed, the funds provided to you by Gabo Mata. Learn more about insurance coverage afforded you in Canada here.
Missing Vehicles. If you selected a protection plan via the Services and your vehicle goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the host, must immediately contact a Gabo Mata representative and follow his or her instructions, including cooperating with Gabo Mata, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by Gabo Mata to file a police report, you must do so within 24 hours of receiving those instructions.
Specific Terms for Owners Who Decline Gabo Mata Protection (“Commercial Hosts”)
If you decline a protection plan made available via the Services (such as if you choose to offer your own commercial/rental policy to guests) or where no protection plan is offered via the Services:
In exchange for keeping more of the trip price for yourself, when you decline a Gabo Mata protection package or where no protection package is offered, you waive, on behalf of yourself and any affiliated individuals (including, but not limited to, employees, employers, associates, contractors, or any other related personnel) or entities (whether they be corporations, partnerships, sole proprietorships, limited liability companies, or otherwise) (collectively, “Affiliates”) any protection plan normally offered via the Services, to you or any Affiliates, your vehicles, and any guests or approved drivers of all of the vehicles you list on Gabo Mata.
When you choose to provide your own commercial rental insurance in the United States, the United Kingdom, Germany, or Canada, or where no protection or insurance is offered via the Services in your region, you, as the host, or an authorized representative acting on behalf of the host, shall be exclusively responsible for providing commercial rental insurance coverage for any reservation of your vehicles through Gabo Mata. You shall carry no less than the minimum applicable liability and/or physical damage automobile insurance for your vehicle, your guest, and his/her authorized drivers. When you select to decline a protection plan or where none is offered in your region, you represent and warrant that (1) you are a licensed commercial rental car company or are authorized to act on behalf of and bind a commercial rental car company in connection with listing vehicles on Gabo Mata; or (2) you are an individual or company, or are authorized to act on behalf of, and bind a company, that can offer commercial rental car insurance to guests.
You further acknowledge and agree that you shall receive no protection or coverage from Gabo Mata, Gabo Mata Insurance Agency, or any affiliates, whether that be financial responsibility for physical damage, third-party liability protection, uninsured or underinsured motorist coverage, PIP or any similar coverage or indemnification, roadside assistance, or trust and safety support as part of a booking of your vehicle(s) when you have chosen to provide your own commercial rental insurance. You shall add Gabo Mata as an additional insured on all applicable automobile and excess liability policies. These provisions replace and supersede any representation made by Gabo Mata, or those acting on behalf of Gabo Mata, including but not limited to statements made on the Services, these Terms, FAQs, Policies, emails, and/or marketing materials, concerning insurance and/or protection and roadside assistance otherwise offered to host and guests when the owners do not decline protection via Gabo Mata or Gabo Mata Insurance Agency.
Gabo Mata reserves the right to, but does not commit to, satisfy itself that you are, or are acting on behalf of, a licensed commercial rental car company and have the ability to offer commercial auto rental insurance to renters/drivers of your vehicles when you choose to decline protection. If Gabo Mata has any concerns in this regard, you agree that Gabo Mata can automatically, and in its sole discretion, default all of your vehicles back to the Standard vehicle protection plan along with its associated fees (if offered in your region), remove your listings, or suspend your Gabo Mata Account.
If you lose the ability to offer commercial rental insurance to your guests (for example your policy has been canceled or nonrenewed), you must immediately change the status of your vehicle. If the change is temporary, you can snooze your vehicle(s). If you need to permanently change the protection plan for your vehicle(s) back to a protection plan made available via the Services , contact us at support.GaboMata.com. Never let a guest pick up a vehicle or continue to use a vehicle without providing them insurance coverage.
You must disclose on your listing page any applicable additional fees, costs, and/or taxes you assess in addition to other requirements you may impose (such as a security deposit or if you do not accept debit cards, for example). You must never surprise guests with hidden costs or requirements at pick-up. Gabo Mata reserves the right, in its sole discretion, to default your vehicles back to a Standard protection plan, remove your listings, or suspend your Gabo Mata Account for failure to be transparent up front with guests about fees, costs, and requirements in your vehicle listing page.
You acknowledge that the actual damages likely to result from breach of this Section are difficult to estimate and would be difficult for Gabo Mata to prove. You will pay Gabo Mata USD$5,500 in Liquidated Damages/Contract Penalties to compensate Gabo Mata for any such conduct. This amount is not intended as a punishment for any such breach.
You shall defend, indemnify, and hold Gabo Mata, its subsidiaries, affiliates, employees, officers, directors, and agents, and any of your guests or their authorized drivers, harmless from and against any and all claims, demands, suits, judgments, costs, expenses, liabilities, attorneys fees, damages, consequential damages, punitive damages, property damage, personal injury, theft or otherwise, without limitation, related to or arising out of any reservation or use of any vehicles, including without limitation, any vehicle damage, personal injury or property damage where you have declined a protection plan made available via the Services or one is not available in your region.
Specific Terms for Owners Participating in Gabo Mata’s Valet Program
Gabo Mata Valet. Learn more about the Gabo Mata Valet Service and applicable terms, conditions and fees which apply here.