Aqui Coqui - Terms of Service
Last Revised: June 22, 2025
Summary of Updates:
- Arbitration contact email updated
- Clarified data retention and after-hours pickup policy
- Added Spanish translation clause
- Adjusted liquidated damages clause for compliance with Puerto Rico law
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE A BINDING ARBITRATION AGREEMENT (UNLESS YOU OPT OUT), A WAIVER OF CLASS ACTIONS, AND LIMITATIONS OF LIABILITY.
1. Introduction
Aqui Coqui LLC and its subsidiaries ("Aqui Coqui," "we," or "our") operate a car-sharing platform connecting vehicle owners ("hosts") with individuals seeking to rent vehicles ("users"). By accessing or using our services—including aquicoquicarsharing.com, social media, mobile apps, and any communication—you agree to comply with these Terms of Service ("Terms"). These Terms, along with our Privacy Policy, insurance terms, roadside assistance policies, and other user policies, form a legally binding agreement ("Agreement") between you and Aqui Coqui.
2. Modifications
We may update these Terms at our sole discretion. The "Last Revised" date will reflect the changes. Continued use of the services indicates acceptance of the revised Terms. If you do not agree with the updates, you must stop using the services.
3. Eligibility and Verification
- 3.1 Age and License Requirements
- Must be at least 21 years old (18+ in the U.S.).
- Must possess a valid U.S. driver's license or an international license with an International Driving Permit (IDP).
- Users with international licenses must purchase a protection plan from RentalCover.com at booking.
- 3.2 Verification
- We may verify your identity, driving history, and vehicle details using third-party services.
- By using our services, you authorize Aqui Coqui to collect, store, and use this information.
4. Fees, Charges, and Taxes
- 4.1 Fees
- Fees are shown at checkout and include trip costs, protection plans, deposits, tolls, and extras.
- 4.2 Payment Authorization
- We accept Visa, MasterCard, American Express, and Discover via Stripe.
- Charges may be processed up to one-year post-trip.
- Third-party card use requires written authorization and cardholder inclusion in the booking.
- Failure to respond to a charge is considered acceptance and may not be disputed.
- 4.3 Taxes
- We collect Puerto Rico Sales and Use Tax (11.5%) for services provided in Puerto Rico.
5. Account and User Responsibilities
- You are responsible for all activity under your account.
- Keep your login credentials secure.
- Report unauthorized use immediately.
6. Content
- You grant Aqui Coqui a global, royalty-free license to use content you submit (e.g., reviews, images).
- You retain ownership, but we may use the content for promotional purposes.
7. Insurance and Protection Plans
- 7.1 Aqui Coqui is Not an Insurance Provider
- We facilitate coverage through third-party providers.
- Third-partya policies are accepted with documentation.
- Deductible: $500
- 7.3 Rental Protection Plan
- Daily Cost: $15.99 to $21.99
- Collision Damage Coverage: Up to $35,000, $500 deductible
- Includes third-party liability
- Required if no personal insurance is provided
- Covers theft, vandalism, natural disasters, etc.
- 7.4 Claim Submissions
- Submit within 30 days of the incident
- If the exact date is unknown, submit within 30 days of the trip end
- Late submission penalties:
- Initial fee: $500
- $30/day for each additional day
- Security deposit may be held until a claim is submitted
8. Vehicle Use and User Commitments
- Use the vehicle for personal purposes only, unless authorized in writing
- Drive legally and safely
- Return the vehicle on time, clean, and in the same condition
- Report any incident immediately
- Prohibited uses: commercial transport, racing, off-roading, towing, driving under the influence
- 8.1 Repossession Rights
- Aqui Coqui, a host, or an authorized agent may repossess the vehicle at your expense if it is not returned, abandoned, or misused
- 8.2 Theft and Recovery
- We may report a vehicle as stolen if:
- It is not returned on time
- Returned to an unauthorized location
- False/incomplete information is provided
- The vehicle is left unlocked or unattended with keys inside
- Admin fee: $1,000 + recovery costs
9. Vehicle Tracking
- Vehicles may have tracking devices (e.g., Apple Air Tag, Zubie)
- Disabling tracking: $1,500 fine
- Data is retained only as long as necessary for investigations or legal purposes
- Accessed in cases of suspected theft, damage, or violations
10. Security Deposit
- Standard: $250 ($150 with protection plan)
- Refundable if vehicle is returned undamaged (may take up to 15 business days)
11. Tolls and Fuel
- Unlimited Tolls: $10.99/day
- Basic Toll Pass: $30 flat, additional charges may apply
- Prepaid Fuel: Based on vehicle size; refueling at $9.99/gal if not returned at same level
- Same-to-Same Fuel Policy: Match starting level to avoid refuel charges
12. Cleaning and Additional Drivers
- Prepaid Cleaning: Guests may opt for prepaid cleaning at the time of booking. Rates are based on vehicle type: $35.99 for standard vehicles and $69.99 for mid/full-size SUVs. Please note that this service does not cover excessive dirt, stains, or biohazards, which may still incur additional cleaning charges as outlined in Section 14.
- Post-Return Cleaning Fee: If a vehicle is returned in a condition that is significantly dirtier than when it was received, a cleaning fee will be applied based on the severity of the condition. Fees range from $35.00 to $75.00, depending on the level of cleaning required to restore the vehicle to its original condition.
- Additional Drivers: Must meet eligibility and be present at pickup
13. Cancellations and Refunds
- Free Cancellation: Cancellations made more than 48 hours before the scheduled trip start time are eligible for a full refund with no cancellation fee.
- Late Cancellation Fee: Cancellations made within 48 hours of the scheduled trip start time are subject to a 25% cancellation penalty, calculated based on the total reservation amount.
- Same-Day Booking Grace Period: For reservations made on the same day as the trip start, guests have a 1-hour grace period from the time of booking to cancel without incurring any fees.
14. Penalties and Charges (Examples)
- Lost or Damaged Key Policy: Renters are fully responsible for the cost of replacing or repairing any lost or damaged keys. Charges are as follows: $200 for a standard key and $500 for a smart key. If Aqui Coqui provides a fully functioning key at the start of the rental and it is returned non-functional, damaged, or lost at any point during the rental period, the renter is solely responsible for the associated replacement or repair cost. This policy applies regardless of the cause of the damage or malfunction.
- Smoking Policy: Smoking of any kind (including cigarettes, cigars, vapes, or marijuana) is strictly prohibited in all vehicles. If evidence of smoking is found, the renter will be charged a $250 smoking violation fee, which includes a $100 deodorizing fee to restore the vehicle to a clean, smoke-free condition. This fee is non-negotiable. If a renter detects any smoke odor upon pickup, they must report it immediately via WhatsApp or email. Failure to report smoke at the time of pickup nullifies any claims made after the rental period, and the full smoking fee will be applied.
- Excessive Cleaning Fee: If a vehicle is returned in a condition that requires more than standard cleaning—such as the presence of food spills, pet hair, sand, mud, bodily fluids, foul odors, or other substances—a minimum excessive cleaning fee of $150 will apply. This fee covers the cost of deep cleaning, shampooing, deodorizing, and extended vehicle downtime. This charge is in addition to any prepaid cleaning or standard cleaning fees and is non-negotiable. Renters are expected to return the vehicle in the same clean condition in which it was received to avoid these additional charges.
- Late Extension Fee: A $30.00 fee will apply if a renter requests to extend their reservation within 48 hours of the scheduled end time. This fee covers the administrative and operational costs associated with last-minute schedule changes.
- Towing Responsibility: In the event that the vehicle requires towing during the rental period due to misuse, negligence, or violation of rental terms, the renter will be solely responsible for all towing-related costs. A minimum fee of $350 will apply, with the final amount depending on distance, location, and towing service used. Aqui Coqui is not liable for any towing expenses incurred during the rental period.
- Unauthorized Toll Use: All Aqui Coqui vehicles are equipped with toll access capabilities. If a renter uses toll roads without prior authorization or without arranging a toll payment method through Aqui Coqui, a $60 administrative service fee will be applied. Additionally, renters will be charged an average toll usage fee of $5.99 per day for each day of the rental period. These charges cover the cost of tolls, administrative processing, and system reconciliation. Failure to pre-arrange toll usage or report toll-related issues before or during the rental will result in these fees being automatically charged.
- Out-of-Service Fee: If a renter causes damage to a vehicle that requires repair and renders it unavailable for future bookings, Aqui Coqui reserves the right to charge an Out-of-Service Fee equal to the daily rental rate multiplied by the number of days the vehicle is out of service due to repairs. This fee compensates for lost revenue and operational disruption. The number of out-of-service days will be based on official repair estimates or actual repair duration—whichever is longer.
- If the renter’s insurance does not fully cover the repair costs, out-of-service fees, or any other related damages, the renter will remain legally and financially responsible for the full balance. By signing the rental agreement and accepting these Terms and Conditions at the time of booking, the renter acknowledges and agrees that they are contractually bound to pay any outstanding charges incurred during their rental period.
- After-Hours Pickup Responsibility: Any vehicle pickup scheduled before 10:00 AM or after 6:00 PM (Monday–Friday), after 2:00 PM on Saturdays, or at any time on Sundays is considered an “after-hours” pickup. In such cases, the renter is fully responsible for any costs incurred related to vehicle staging, parking, or associated holding fees. Aqui Coqui is not obligated to reimburse or refund the renter for these after-hours staging or parking fees. However, at its sole discretion, Aqui Coqui may choose to issue a refund in the form of store credit for use on a future reservation. This decision is made on a case-by-case basis and is not guaranteed.
15. Dispute Resolution
- 15.1 Arbitration
- 15.2 Exceptions
- Small claims court
- IP-related injunctive relief
16. Indemnification
- You agree to indemnify and hold Aqui Coqui harmless from any claims, losses, or damages related to your use or breach of these Terms.
- 17. Limitation of Liability
- Aqui Coqui’s liability is limited to the greater of $100 or amount paid/earned in the past 12 months
- No liability for incidental or consequential damages
18. Third-Party Transport Disclaimer
- Use of third-party transport is at your own risk
- Aqui Coqui is not liable for injuries, damages, or losses
19. Liquidated Damages
- Violations such as fee circumvention, trademark misuse, or stolen vehicles may incur up to $5,500 in liquidated damages per incident, based on reasonable estimation and subject to Puerto Rico law.
20. Governing Law
These Terms are governed by the laws of Puerto Rico. Non-arbitrable disputes will be handled in San Juan, PR courts.
21. Language
If a Spanish translation is provided and conflicts with this English version, the English version prevails.
22. Contact
For inquiries or disputes: - Email: customerservice@aquicoquicarsharing.com