1. Identification of the Owner
The digital platform “rollbnb” (hereinafter, the “Platform”) is operated by:
Servicios Comerciales de Internet rollbnb E.I.R.L.
RUT: 78.054.466-K
Address: Limache, Valparaíso Region, Chile
Contact email: support@rollbnb.com
Republic of Chile
Hereinafter, “rollbnb”.
These Terms and Conditions of Use (hereinafter, the “Terms” or the “Agreement”) govern the access and use of the Platform by any user.
2. Acceptance of the Terms
By accessing, registering, browsing, or using the Platform, the user declares that they have read, understood, and fully and expressly accepted these Terms, as well as the Privacy Policy and other complementary policies of rollbnb, which form an integral part of this Agreement.
If the user does not agree with these Terms, they must refrain from using the Platform and its services.
3. Nature of the Service and Role of rollbnb
3.1. rollbnb is a digital intermediation technology platform that facilitates contact between people who wish to offer recreational vehicles for rent (campers, motorhomes, RVs, minicampers, roof tents, vans, etc.) and people who wish to rent them for temporary use.
3.2. rollbnb does not own or possess the vehicles listed on the Platform, nor does it manage, operate, drive, maintain, or insure them.
3.3. rollbnb does not itself provide transportation, rental, or accommodation services associated with the use of the vehicle. The rental and use agreement for the vehicle is entered into directly and exclusively between the Host (owner or legitimate holder of the vehicle) and the Renter (user who rents it).
3.4. In particular, the user acknowledges and accepts that rollbnb:
a) Is not a vehicle rental company.
b) Is not the owner or co-owner of the vehicles listed.
c) Does not physically inspect the vehicles nor certify their mechanical, technical, legal, or documentary condition.
d) Does not guarantee the condition, safety, suitability, quality, or legality of the vehicles offered.
e) Is not an insurer or insurance broker, nor does it provide its own insurance coverage.
3.5. rollbnb is not a party to the rental agreement, nor to the fulfillment of reciprocal obligations between Host and Renter, without prejudice to the responsibilities that, in accordance with Law No. 19,496, may correspond to it as an intermediary provider to consumers.
4. Definitions
For the purposes of these Terms:
4.1. Host: Registered user who lists a vehicle on the Platform for temporary rental, declaring that they are its owner or have legitimate authorization to rent it.
4.2. Renter: Registered user who requests, makes, and/or uses a vehicle reservation through the Platform.
4.3. Reservation: Rental request for a vehicle made by a Renter and confirmed by the Host through the Platform, which may include partial or full payment of the rental amount as indicated in each case.
4.4. Commission: Percentage or fixed amount that rollbnb charges Hosts and/or Renters for the use of the Platform and associated intermediation services.
4.5. Content: All information, text, description, photograph, video, review, evaluation, or other material that users upload, publish, or transmit through the Platform.
5. User Registration and Legal Capacity
5.1. To use the main functionalities of the Platform (list vehicles, book, pay, review, etc.), the user must register by creating a personal account.
5.2. Only natural persons over 18 years of age, with full legal capacity to contract, may register. Registration of minors is prohibited, even with authorization from their representatives.
5.3. The user agrees to provide truthful, complete, accurate, and up-to-date information, and to maintain the confidentiality of their access credentials (username and password).
5.4. The user will be solely responsible for all activity carried out through their account, even if carried out by third parties who have gained access to their credentials due to causes attributable to the user. rollbnb may suspend or cancel accounts when it detects irregular, fraudulent, illegal, or use contrary to these Terms.
6. Obligations and Declarations of the Host
The Host declares and guarantees that:
6.1. They are the owner of the listed vehicle or have a legitimate and sufficient title to offer it for rent, committing to display and keep available, if applicable, the documents that prove it.
6.2. The vehicle complies with all applicable legal and regulatory provisions in force in Chile (or in the country where it circulates), including, but not limited to, circulation permits, technical and emissions inspections, mandatory insurance, licenses, safety devices, and other requirements for its circulation and use.
6.3. They have valid mandatory insurance and, where applicable, additional voluntary insurance, clearly and in advance informing the Renter of the coverage, exclusions, deductibles, and claim procedures.
6.4. The information published on the Platform (description, photographs, prices, conditions, restrictions, mileage, equipment, etc.) is truthful, up-to-date, complete, and will not mislead the Renter.
The Host will be exclusively responsible for:
6.5. The truthfulness and legality of the information and conditions offered.
6.6. The physical delivery of the vehicle in the agreed conditions.
6.7. The mechanical and safety condition of the vehicle, both at the beginning and during the rental period.
6.8. Damages, fines, violations, accidents, or losses arising from the use of the vehicle, to the extent attributable to them under the law or the specific agreement entered into with the Renter.
6.9. rollbnb does not independently verify the content published by Hosts, but may conduct random checks, request supporting documentation, and take action when it detects false, misleading, or illegal information.
7. Obligations and Responsibility of the Renter
The Renter declares and agrees to:
7.1. Have a valid and current driver’s license for the type of vehicle rented and the territory in which it will be used, as well as comply with applicable traffic laws.
7.2. Use the vehicle with diligence, care, and in accordance with the Host’s instructions, the manufacturer’s instructions, and current regulations.
7.3. Not use the vehicle for illegal, dangerous, or unauthorized activities (for example, transport of undeclared cargo, paid passenger transport if not permitted, sporting competitions, etc.).
7.4. Return the vehicle on the agreed date, place, and conditions, except in cases of force majeure or unforeseeable circumstances duly proven.
7.5. Assume, under the terms agreed with the Host and applicable law, damages, fines, violations, charges, towing expenses, tolls, and other costs generated during the rental period due to their fault or that of those who drive the vehicle with their authorization.
Any discrepancy on these points must be resolved directly between Host and Renter, without prejudice to the possible intervention of competent authorities and the responsibility that the law may assign to rollbnb as an intermediary provider of information society services.
8. Right of Intervention of the Platform
rollbnb may, at any time and at its sole discretion, without the need to state a reason and without generating any right to compensation for the user:
8.1. Edit, suspend, or delete listings, advertisements, or Content that violate these Terms, the law, or third-party rights, or that are false, misleading, abusive, or offensive.
8.2. Remove external contact information or other mechanisms that seek to circumvent the Platform’s intermediation.
8.3. Suspend or cancel user accounts in the event of contractual breaches, fraudulent use, reports from other users, or requests from authorities.
8.4. Cancel reservations when there is evidence of risk to the safety of persons, commission of illegal acts, payment fraud, or other justified reasons.
The possible cancellation of a reservation by rollbnb will be governed by what is stated in the cancellation policy and in the specific provisions reported in each reservation.
8.5. rollbnb may review, approve, reject, or request modifications to any listing, profile, advertisement, or Content before or after its publication on the Platform, when it deems it necessary to verify compliance with these Terms, applicable regulations, or the Platform’s internal policies, without this generating any right to compensation, mandatory publication, or compensation in favor of the user.
9. Prohibition of Circumvention and Off-Platform Transactions
It is expressly prohibited to:
9.1. Use the Platform to identify Hosts or Renters and complete rental transactions directly outside of it, with the purpose of avoiding or reducing the payment of commissions to rollbnb.
9.2. Request or accept direct payments that are not properly recorded and channeled through the payment methods enabled by the Platform.
9.3. Deliberately share contact information with the purpose of circumventing the intermediation and the conditions of these Terms.
In case of proven circumvention, rollbnb may, immediately:
9.4. Suspend or cancel the involved account.
9.5. Cancel associated reservations.
9.6. Charge or claim, extrajudicially and/or judicially, the commissions corresponding to the transactions that were attempted to be circumvented.
10. Payments, Commissions, and Billing
10.1. Payments for rental services listed on the Platform may be processed through PayPal and/or other electronic means that rollbnb enables, which will be informed to the user in the reservation flow. PayPal and other payment methods are governed by their own terms and conditions, separate from rollbnb.
10.2. rollbnb may temporarily receive funds from payments made by Renters, retain the commissions that correspond to it, and then transfer the net balance to the Host, according to the deadlines, conditions, and commissions reported on the Platform for each transaction.
10.3. rollbnb is not a financial institution, bank, card issuer, or permanent custodian of third-party funds. The holding of funds will be merely instrumental and temporary for the management of payments and settlements related to reservations.
10.4. Certain administrative charges, service fees, or commissions may be non-refundable; this will be clearly indicated in advance in the reservation flow, in accordance with Law No. 19,496.
10.5. Each user (Host and Renter) is solely responsible for declaring and paying the taxes, fees, and contributions that may arise from transactions carried out through the Platform, in accordance with applicable tax legislation.
11. Cancellation and Refund Policies
11.1. Each Host may define a cancellation policy (flexible, moderate, strict, or other modality) applicable to their listings, which will be clearly reported on the vehicle listing and/or during the reservation process.
11.2. In case of cancellation by the Renter, the cancellation policy in effect for that reservation will apply, which may result in total or partial retention of the amount paid, and/or the charge of non-refundable commissions and administrative fees.
11.3. In case of cancellation by the Host, they will assume the consequences established in the cancellation policy, including possible penalties or liabilities to the Renter, without prejudice to rollbnb’s powers to reduce their visibility or other measures.
11.4. In situations of force majeure or unforeseeable circumstances (for example, natural disasters, health emergencies, regulatory restrictions that prevent travel), rollbnb may, reasonably and within its technical capabilities, facilitate communication between the parties and seek alternative solutions, without assuming direct economic responsibility, unless a mandatory rule provides otherwise.
12. Responsibility in Vehicle Rental
12.1. The vehicle rental agreement is entered into exclusively between the Host and the Renter, who determine its specific conditions (rates, dates, delivery and return location, mileage, fuel, cleaning, insurance deductibles, etc.), without prejudice to the minimum information required by the Platform.
12.2. rollbnb will not be responsible, except in cases where Law No. 19,496 assigns it responsibility as an intermediary provider, for:
a) Traffic accidents or incidents occurring during the use of the vehicle.
b) Personal injuries or death of users or third parties.
c) Material damage to the vehicle or third-party property.
d) Fines, violations, or citations issued by authorities.
e) Mechanical, electrical, or other failures of the vehicle.
f) Contractual breaches between Host and Renter (including no-shows, delays, differences from the published description, etc.).
g) Lack of adequate insurance or disputes related to insurance coverage.
12.3. Notwithstanding the foregoing, when rollbnb has the status of intermediary provider in accordance with Article 43 of Law No. 19,496, it will be liable to the consumer under the terms and scope established by said law, always maintaining its right to seek recourse against the Host or other responsible third parties.
13. Limitation of Liability of rollbnb
13.1. To the maximum extent permitted by applicable law, the total liability of rollbnb to any user, for any reason related to the use of the Platform, will be limited to the amount actually received by rollbnb as a commission in the specific transaction in question.
13.2. In no event will rollbnb be liable for:
a) Lost profits or loss of income.
b) Loss of business opportunities.
c) Indirect, special, incidental, exemplary, or consequential damages.
d) Damages arising from the action or omission of third parties (including Hosts, Renters, other users, or external providers).
13.3. This limitation of liability will not affect the non-waivable rights that consumers have under Law No. 19,496 and other public policy regulations.
14. Indemnification
The user agrees to hold harmless and exempt from liability rollbnb, its partners, representatives, employees, and contractors from any claim, demand, action, fine, sanction, damage, or expense (including reasonable attorney fees) arising from:
14.1. Breach of these Terms or applicable regulations.
14.2. Improper or abusive use of the Platform.
14.3. Provision of false, inaccurate, outdated, or misleading information.
14.4. Accidents, damages, losses, or violations related to the rented vehicle when attributable to the user, without prejudice to the legal responsibilities that may fall on rollbnb as an intermediary provider under the terms already stated.
15. Review System and User Content
15.1. The Platform may implement reputation, review, and comment systems between Hosts and Renters.
15.2. The user agrees to issue truthful, respectful opinions based on real experiences, refraining from insults, slander, hate speech, or defamatory content.
15.3. rollbnb may, but is not obligated to, review, moderate, or delete reviews or Content that it considers false, offensive, defamatory, illegal, contrary to good morals, or to these Terms.
16. Cooperation with Authorities and Legal Requirements
rollbnb may cooperate with administrative, police, and judicial authorities, national or foreign, when required or authorized by law, including:
16.1. The provision of registration information, reservation history, contact information, and other background related to investigations or legal proceedings.
16.2. The suspension or cancellation of accounts and/or reservations in compliance with resolutions or requirements from such authorities.
All processing of personal data will be carried out in accordance with current Chilean legislation and rollbnb’s Privacy Policy.
17. Availability, Security, and Maintenance of the Platform
17.1. rollbnb does not guarantee that the Platform will function continuously, uninterrupted, error-free, or completely secure. There may be interruptions, outages, system errors, scheduled and unscheduled maintenance, or other events that temporarily affect its availability.
17.2. rollbnb may modify, suspend, or discontinue, in whole or in part, the Platform or certain functionalities, at any time and without prior notice, without this generating any right to compensation for users.
18. Intellectual and Industrial Property
18.1. The “rollbnb” trademark, its logo, Platform design, source code, structure, proprietary content, texts, graphics, and other protected elements are the property of rollbnb or third-party licensors and are protected by national and international intellectual and industrial property legislation.
18.2. The user agrees not to reproduce, distribute, transform, publicly communicate, make available, extract, reuse, or exploit in any way, in whole or in part, such content without prior written authorization from rollbnb or the corresponding owners.
18.3. The user retains the rights to the Content they publish (photographs, descriptions, etc.), but grants rollbnb a non-exclusive, free, worldwide, transferable, and sublicensable license to use such Content on the Platform and in promotional activities related to it, while the listing remains active.
19. Foreign Users and Cross-Border Use
Users who access the Platform from outside Chile declare and accept that:
19.1. The service provided by rollbnb is considered to be performed in Chile, is governed by Chilean law and these Terms.
19.2. Any dispute that arises will be submitted to Chilean courts, without prejudice to the minimum rights that may be available to them in their country of residence under public policy rules.
19.3. They are responsible for complying with immigration, traffic, and driving regulations applicable in the country or countries where the vehicle is used (driver’s licenses, permits, insurance, etc.).
20. Partial Nullity
If any of the provisions of these Terms is declared wholly or partially null, invalid, or unenforceable by a competent authority, this will not affect the validity or applicability of the remaining provisions, which will remain in full force and effect.
21. Modifications to the Terms
21.1. rollbnb may modify these Terms at any time, which will be reported by publishing the updated version on the Platform, indicating the date of the last update.
21.2. Modifications will take effect from their publication, unless a different date is expressly indicated.
21.3. Continued use of the Platform after the modifications take effect will imply acceptance of them.
22. Applicable Law and Jurisdiction
These Terms are governed by the laws of the Republic of Chile, in particular by Law No. 19,496 on Protection of Consumer Rights and other applicable regulations.
Any dispute arising from the interpretation, validity, execution, or termination of these Terms will be submitted to the Ordinary Courts of Justice of the city of Valparaíso, Chile, without prejudice to the jurisdictions that the law irrevocably confers on consumers.