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Terms and conditions
The rules for using MoviSur. The driver articles reproduce the same contract accepted when registering in the app.
This is a courtesy translation. The Spanish version is the binding one. The passenger and website sections are still pending legal drafting and will be published once approved.
In plain words
- MoviSur is an intermediation platform: it connects drivers with users. The ride is provided by the driver, not by the platform.
- Drivers work on their own account: they choose days, hours and areas, and may decline rides without penalty.
- The driver is responsible for the vehicle, the insurance and whatever happens during the ride.
- MoviSur charges only an intermediation commission on each ride.
1.Purpose
THE PLATFORM provides THE DRIVER with a digital technological system that connects them with third-party users requesting transport services. THE PLATFORM does not provide transport services; it is limited exclusively to technological intermediation.
2.Legal nature
This contract is civil and commercial in nature. There is no employment relationship, no relationship of dependence, no partnership, no mandate and no representation between the parties.
THE DRIVER acts autonomously, on their own account, at their exclusive economic and legal risk.
3.Operational independence
- Freely determines days, hours and service areas
- May accept or decline rides without penalty
- Uses their own vehicle
- Bears operating, maintenance and fuel costs
THE PLATFORM exercises no direction, control or supervision over the service.
4.Relationship with users
The transport contract is entered into directly between THE DRIVER and the user. THE PLATFORM is neither a carrier nor a guarantor of the service.
5.Driver obligations
- Hold a valid and enabling driving licence
- Hold current compulsory motor insurance
- Keep the vehicle in fit condition
- Comply with National Traffic Act No. 24,449 and local rules
- Not be disqualified from driving
6.Exclusive liability
THE DRIVER assumes exclusive, direct and sole liability arising from their activity, including traffic accidents, injury or death, damage to third parties or users, and administrative or criminal offences.
THE PLATFORM is fully released from liability.
7.Insurance
THE DRIVER undertakes to keep compulsory motor insurance in force, and cover for transported third parties where applicable, and to evidence such cover to THE PLATFORM. Subject to availability in the insurance market, THE DRIVER shall arrange for THE PLATFORM to be included as an additional beneficiary or interested third party.
THE PLATFORM does not act as an insurer and does not guarantee cover.
8.Indemnity and defence
THE DRIVER undertakes to hold THE PLATFORM harmless, to defend it against any judicial or extrajudicial claim, and to bear all costs, expenses and fees. This includes claims arising from accidents, damage to users or third parties, claims under Consumer Protection Act No. 24,240, and labour or administrative claims.
9.Recovery clause
Should THE PLATFORM be ordered, in whole or in part, to pay any sum linked to facts attributable to THE DRIVER, the latter shall reimburse those sums in full, including principal, interest, costs and professional fees, within ten (10) days of demand.
10.Limitation of liability
Where liability is exceptionally attributed to THE PLATFORM, it is limited to the lesser of the value of the ride or one (1) Minimum Living and Mobile Wage.
11.Absence of control
THE DRIVER acknowledges that THE PLATFORM does not inspect vehicles, does not control driving, does not supervise rides and does not guarantee user conduct.
12.Price and intermediation commission
The fare for each ride is set freely by THE DRIVER or, where applicable, suggested by the application on a non-binding basis.
The ride amount is received by THE DRIVER as an independent provider of the transport service. THE PLATFORM does not take part in the mandatory setting of the price nor in the provision of the service, being limited exclusively to digital intermediation.
In consideration for use of the system, THE PLATFORM shall receive only an intermediation commission, whose percentage and terms shall be communicated to THE DRIVER in due course.
13.Use of the application
THE DRIVER undertakes to use the application correctly, not to tamper with the system and not to engage in fraud or abuse.
14.Suspension and termination
THE PLATFORM may suspend or terminate THE DRIVER's access without any right to compensation in the event of breach of contract, risky conduct or missing documentation.
15.Data protection
The parties submit to Personal Data Protection Act No. 25,326. What data is processed and for what purpose is set out in the privacy policy.
16.Digital evidence
The parties accept as valid evidence geolocation records, ride history, system logs, connection times and the digital acceptance of terms. Such information shall have full evidentiary value.
17.Jurisdiction
For all legal purposes the parties submit to the ordinary courts of the Province of Santa Cruz, waiving any other venue or jurisdiction.
18.Acceptance
THE DRIVER declares having read, understood and fully accepted this contract at the time of registration. For any question, write to hola@movisur.com.ar.