KwikyCar Terms and Conditions

 

Effective Date: 1st January 2025

Welcome to KwikyCar, a peer-to-peer vehicle rental platform operating in Thailand. By registering on or using this platform, you agree to the terms set out below. Please read them carefully, as they form a binding agreement between you (the user) and us (KwikyCar). These Terms apply to all users, including vehicle owners (“Owners”) and vehicle renters (“Renters”).

KwikyCar acts solely as a digital facilitator. We do not own or operate any vehicles and are not a party to any contract formed between users. All rentals are undertaken at the sole risk and discretion of the participating individuals.


1. Nature of the Platform

KwikyCar is a third-party facilitator offering a marketplace for private vehicle owners and prospective renters to connect, communicate, and enter into rental agreements. We do not own, maintain, inspect, or insure any of the vehicles listed on the platform. We do not act as an agent, broker, lessor, or insurer. The agreement to rent a vehicle exists exclusively between the Owner and the Renter, and KwikyCar plays no role in that legal arrangement other than providing the digital platform through which it is made.


2. User Registration and Verification

All users must register for an account on the KwikyCar platform and provide accurate and up-to-date personal information. As part of the verification process, users will be asked to submit identity and eligibility documents. These may include a Thai national ID card or passport, a valid Thai or international driving licence, and proof of vehicle ownership or insurance, where applicable.

KwikyCar undertakes a reasonable review of these documents solely to maintain platform integrity. However, we cannot guarantee the authenticity or validity of any submitted materials. We do not perform background checks or validate the legal status of ownership or licensing beyond the documents uploaded by users. Participation on the platform is therefore at each user’s own risk.

Each user is responsible for ensuring that their actions and legal compliance with Thai law are in place prior to renting or offering a vehicle. This includes, but is not limited to, verifying insurance coverage, driving licence validity, and compliance with local and national motor vehicle laws.


3. Vehicle Ownership, Condition, and Documentation

Only legally registered vehicle owners may list a vehicle on KwikyCar. The Owner must hold title to the vehicle and be named on the official registration documentation — commonly referred to as the “Green Book” for cars and pickup trucks, or the “Blue Book” for motorbikes and scooters. All vehicles must carry valid and current insurance appropriate for third-party rental use.

KwikyCar does not inspect vehicles and cannot guarantee the accuracy of descriptions, photographs, or the actual condition of any vehicle listed. It is the Owner’s duty to provide an honest and detailed listing, including photos and a description that reflect the true state of the vehicle.

Vehicles must be roadworthy, safe, and legally operable under Thai law. While some vehicles may be in showroom condition, others — particularly work vehicles — may be older or show signs of wear. Regardless of cosmetic condition, the vehicle must be fit for use and capable of completing a typical rental journey without breakdown or safety concern.

Before any rental commences, Renters should conduct a thorough inspection of the vehicle. Owners are encouraged to be present during handover and to walk around the vehicle with the Renter, noting any visible damage or concerns. Both parties should take photographs of the vehicle’s exterior and interior and agree in writing to any existing damage before the rental begins.

Failure to conduct proper documentation at the start of the rental may make later damage disputes difficult to resolve. Renters accept the vehicle in its current condition and are expected to return it in the same state, less ordinary wear from approved use.


4. Damage, Return Condition, and Post-Rental Responsibility

At the conclusion of the rental period, the Renter must return the vehicle to the Owner at the agreed time and place, in the same condition in which it was received, subject to normal usage. Any new damage, missing items, or unusual wear must be disclosed immediately upon return.

Both parties are strongly advised to conduct another inspection, compare it with the initial handover condition, and take follow-up photographs. Any discrepancies should be documented in writing and signed or acknowledged by both parties where possible.

Where damage is evident and was not documented prior to the rental, the Renter may be held financially responsible. KwikyCar does not mediate, investigate, or resolve these disputes. Owners must pursue resolution directly with the Renter, including compensation or legal action if necessary.

Renters are expected to treat the vehicle with care and refrain from off-road driving, reckless behaviour, unapproved modifications, or any use not covered by insurance. If a vehicle is returned dirty, low on fuel, or in an unsatisfactory state, the Owner may apply a cleaning fee, refuelling fee, or damage charge in accordance with the agreed rental terms.


5. Rental Agreements Between Users

KwikyCar is not a party to the rental transaction. To protect both parties, we provide a sample rental agreement template which users are free to use, modify, or replace with their own document. While use of this agreement is not mandatory, it is strongly recommended.

A written agreement should include details such as rental period, fees, deposit (if any), vehicle condition, mileage limits, fuel policy, cancellation terms, and the obligations of both parties in the event of an incident. The presence of a signed or acknowledged agreement may greatly assist in resolving disputes should they arise.

Both Owner and Renter should retain digital or physical copies of the signed agreement and keep screenshots or written communication records for their own protection.


6. Payment, Fees, and Platform Commission

KwikyCar does not charge a listing fee to Owners. Instead, we operate on a commission model. When an Owner lists a vehicle at a base price, KwikyCar adds a 20% service fee to that price, which is paid by the Renter. KwikyCar also deducts 20% from the Owner’s share of the fee. VAT or any other applicable taxes are calculated on top of the Renter’s total.

For example, if a vehicle is listed at 100 THB per day:
– The Renter pays 120 THB + tax
– The Owner receives 80 THB

As soon as the Owner accepts a rental request, the Renter’s payment is processed. This includes the full rental amount and applicable fees. KwikyCar holds this payment until the rental is completed. Once the vehicle is returned and no issues are reported, KwikyCar releases the Owner’s payout.

KwikyCar does not hold or manage any deposit unless otherwise specified. If users choose to exchange a cash or digital deposit between themselves, they do so independently and must clearly document the amount, terms of refund, and conditions under which deductions may be made.


7. Fuel, Cleaning, and Late Return Charges

Vehicles should be returned with the same amount of fuel as when collected. If returned with significantly less fuel, the Owner may apply a surcharge based on local fuel prices plus a service charge. The standard surcharge is:

– 1,000 THB for cars and pickup trucks
– 300 THB for scooters and motorbikes

If the vehicle is returned in an excessively dirty or unsanitary condition, the Owner may charge a reasonable cleaning fee. These fees must be proportionate and supported by evidence (e.g. photos, receipts).

Late returns cause inconvenience and potential loss of income to Owners. If a Renter returns the vehicle late without prior agreement, the Owner may charge an overtime rate based on the daily rental price. If the vehicle is not returned within a reasonable window (e.g. 6 hours after the agreed time), the Owner may consider the vehicle unreturned and report it as such to authorities. The Renter may be subject to civil or criminal penalties under Thai law.


8. Cancellations and No-Shows

KwikyCar encourages clear and timely communication. If a Renter needs to cancel, they should notify the Owner as early as possible. Refund eligibility depends on the cancellation window and the agreement between the parties.

If a Renter cancels before the Owner has accepted the booking, no charges apply. If the Owner has accepted and payment has been made, the Owner may be entitled to retain part of the payment to compensate for lost rental opportunity. These terms should be discussed before acceptance.

If an Owner cancels after confirming a booking, the Renter is entitled to a full refund. Repeated cancellations by either party may result in suspension from the platform.

No-shows (i.e. where one party fails to attend the scheduled handover without contact) may be grounds for account review or removal.


9. User Conduct and Platform Usage

All users agree to act honestly, respectfully, and lawfully. Abuse, threats, fraud, or dishonesty are not tolerated and may result in immediate account suspension.

Users must not allow unregistered third parties to drive rented vehicles. All drivers must be declared, hold valid licences, and be approved by the Owner. Users are responsible for the security of their account credentials and any actions taken under their account.

KwikyCar reserves the right to remove users from the platform for any conduct it deems harmful to the safety, legality, or integrity of the service.


10. Driving Area and Usage Limits

Unless otherwise agreed in writing, vehicles rented through KwikyCar may not be taken outside of Thailand, used for commercial deliveries, off-road use, motorsports, or driven under the influence of alcohol or drugs. Renters must operate vehicles responsibly, in accordance with Thai traffic laws, and avoid high-risk behaviour.

If a Renter intends to drive long distances, cross provinces, or leave the general area of collection, they must notify the Owner. Owners have the right to decline bookings where such travel is not permitted.


11. KwikyCar’s Liability and Disclaimers

KwikyCar does not inspect vehicles, verify insurance coverage, or confirm the legal status of either party beyond document review. We are not responsible for damage, theft, injury, mechanical failure, misrepresentation, or any disputes between parties.

The platform is provided “as is” and may be subject to change, technical interruption, or downtime. We provide no guarantee of uninterrupted service or availability of any particular vehicle.

By using KwikyCar, you agree to hold us harmless from any claim, dispute, damage, or cost arising out of your use of the service. Any reliance on information, listings, or communication within the platform is at your own risk.


12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Kingdom of Thailand. Any disputes, claims, or proceedings arising from use of the platform or these Terms shall fall under the exclusive jurisdiction of Thai courts.

KwikyCar will not mediate or enforce private rental agreements. Users are encouraged to resolve matters amicably and, if needed, seek mediation or legal advice under local law.


13. Changes to These Terms

KwikyCar reserves the right to update, modify, or replace these Terms and Conditions at any time. Significant changes will be communicated to users via the platform or by email. Continued use of the platform after changes take effect constitutes acceptance of the updated Terms.

Users are encouraged to review the Terms regularly to remain informed of any changes that may affect their rights and obligations.


Contact Us:
For questions, concerns, or feedback, please contact our support team at info@kwikycar.com