Refund and Cancellation Policy

1. Owner service fee (€25 per rented week)

We only charge the fee for weeks in which the vehicle is rented. There is no fee for weeks without a rental or for weeks in which the rental does not continue (vehicle returned, or due back but not returned).

Without prejudice to the right of withdrawal set out in this section 1, if a rental is cancelled, or does not start, before the vehicle is handed over, the first week's fee already paid is not refunded in cash: it stays as a credit for one service week, with no expiry, used automatically at your next actual rental of any of your vehicles. While the credit is available, no new fee is charged: the next fee is paid with that credit.

Any fee charged for a rental week that did not take place — for example, where both parties recorded the return before Monday at 12:00 and the fee for the following week was charged anyway — as well as duplicate charges or charges made in error by us, is a wrongful charge and is refunded in full to the card it was charged to, never as a credit. The only exception is the first week's fee for a rental cancelled, or that did not start, before handover, which follows the previous paragraph.

If you close your account with an unused first-week credit, we refund its value to the payment method used. Free weeks given for referrals cannot be refunded in cash.

Right of withdrawal: if you are a consumer, that is, if you use the Motorista platform for purposes outside your professional activity, you may withdraw, without giving a reason and at no cost, from the contract you concluded with TriaFlow by accepting the Terms and Conditions, within 14 days of its conclusion and, as regards the service fee for each rental, within 14 days of accepting the corresponding TVDE Vehicle Allocation and Use Agreement, under Decree-Law 24/2014 of 14 February. To do so, send us, within that period, a clear statement of your decision, by email to hello@motorista.club or by letter to TriaFlow's registered office; you may use the model form in section 8, but you do not have to.

Effects of withdrawal: we refund the payments received under the contract you withdrew from within 14 days of the date we receive your statement, using the same payment method you used and at no cost to you. If you expressly asked for the service to start during the withdrawal period, you pay an amount proportionate to the service provided up to the date you inform us of your withdrawal, which we deduct from the refund. You can no longer withdraw as regards a service that has already been fully provided, if provision began with your prior express consent and your acknowledgement that you would then lose the right of withdrawal.

2. Driver payments

How rent is secured and paid: each week's rent is secured by a card hold on the driver's card (a pre-authorisation of the rent amount, not a charge; a "hold") and deducted from the driver's earnings in the Monday settlement. Where it is not possible to keep the hold for the period needed, because of a limitation of the card or of the payment provider, or where the driver does not authorise the hold (the "prepayment period"), each week's rent is paid in advance, before that week starts (as a rule, by Saturday at 10:00, Lisbon time, of the previous week), as set out in clause 6 of the Terms and Conditions; in that case, that rent is paid and is not deducted again from earnings, except to the extent it was used in a settlement and not restored, under the TVDE Vehicle Allocation and Use Agreement.

Cancellation or non-start of the rental: if, before the vehicle is handed over, the rental is cancelled — by the owner, by TriaFlow's operations team ("Operations") or by the driver — or does not start, there is no penalty and no rent is owed for a week that did not start: the first week's hold, if already placed, is released; any rent paid in advance is refunded in full; the deposit is unlocked and the driver may ask for it back or use it for another rental, as set out in section 3; the first-week fee paid by the owner remains as a credit, as set out in section 1; and the vehicle is listed again at once.

Amounts owed: if, at that point, the driver owes a documented amount, Operations collect it in the order set out in the TVDE Vehicle Allocation and Use Agreement, giving the driver the reason and the evidence; the deposit is unlocked only for the part not needed for that purpose.

Return before the following week starts: if the return of the vehicle is recorded before Monday at 12:00 (Lisbon time), the following week does not start and its rent is not owed. The hold for that week is not used for the rent and is released, except for any part needed to cover amounts still owed in that Monday's settlement, in the order set out under "Weekly settlement" below; rent paid in advance for that week is refunded without the driver having to ask, in full or, if amounts are still owed in the same settlement, to the extent it exceeds them, and Operations record that refund. The owner's service fee for that week is not owed; if it was charged, it is refunded under section 1.

Leaving mid-week: without just cause, the current week's rent remains owed in full (it is included in the settlement or, if it was paid in advance, it is not refunded) and the driver returns the vehicle. If the driver invokes just cause, Operations assess the case and decide, with written reasons, its consequences, including as to the rent; the driver's illness is not just cause, but an accident may be.

If the driver loses use of the vehicle for a reason not attributable to them (for example, a breakdown they did not cause), the rent is reduced in proportion to the time and extent of the loss of use, under Article 1040 of the Portuguese Civil Code.

Weekly settlement: every Monday, TriaFlow works out what the driver owes for the week just ended: the rent, to the extent it does not count as paid in advance, and other amounts due under the TVDE Vehicle Allocation and Use Agreement (such as rent shortfalls, tolls, parking or fines paid by TriaFlow or the owner on the driver's behalf, damage established during the rental, except damage found at return, which follows section 3, and amounts Uber or Bolt deduct from TriaFlow for the driver's trips). While rent is secured by holds, that total is covered in this order: (1) the driver's earnings, up to the amount needed; (2) that week's hold; (3) the next week's hold, if any; (4) the deposit. In the prepayment period, it is covered in this order: (1) the driver's earnings, up to the amount needed; (2) the rent paid in advance for the following week; (3) the deposit. Only the part needed is captured from each hold and the rest is released without delay; how long the release takes to show on a statement depends on the bank. Every charge and deduction appears in the weekly statement with its reason.

To continue the rental, the driver restores by Saturday at 10:00, without prejudice to clause 7 of the Terms and Conditions, whatever was used in the last settlement: the deposit and, as the case may be, the hold or the rent paid in advance for the current week used in it. Each amount is notified to the driver with its reason and evidence; the driver may dispute it afterwards, in writing, to hello@motorista.club, under the TVDE Vehicle Allocation and Use Agreement. A dispute does not suspend collection, and TriaFlow refunds whatever turns out not to be owed.

3. Deposit

The deposit, if shown in the listing, is paid when the driver confirms the rental, within 24 hours of being chosen, and is recorded in the driver's account as a locked deposit. It is not an available balance and cannot be paid back while the rental runs.

After the vehicle is returned, the deposit stays locked for 48 hours from the confirmation of both checklists, during which the owner may still report damage that a careful inspection at return could not have revealed. When that time ends, if there are no open amounts (damage, missing equipment, rent or other sums due), the deposit is unlocked. While a damage case is open, the deposit stays locked; once the value of the damage is set by a quote or an assessment, only that value stays locked, up to the amount of the deposit, and the rest is unlocked.

An unlocked deposit is paid back at the driver's request, made at any time using "Withdraw deposit" in the account, or automatically under the next paragraph. We process the refund within 2 business days of the request or of the end of the 90-day period in the next paragraph, to the original payment method (section 5); how long it takes to show on the card statement or in the bank account depends on the bank and payment method (usually 5 to 10 business days for cards).

Until the driver asks for it back, the unlocked deposit can be used for a next rental: if the new deposit is the same, the driver pays nothing; if it is higher, the driver only pays the difference; if it is lower, only the amount of the new deposit stays locked and the excess is unlocked: the driver may ask for it back using "Withdraw deposit", and it is returned automatically if not requested within 90 days of the start of the new rental. If, within 90 days of the deposit being unlocked, the driver neither asks for it back nor starts a new rental, we return it automatically.

During the rental, the deposit covers what earnings and the holds or the rent paid in advance do not cover in the weekly settlement, in the order set out in section 2, and must be restored by Saturday at 10:00 for the rental to continue, without prejudice to clause 7 of the Terms and Conditions. At the end of the rental, the rent and other amounts owed are included in the settlement and covered in the same order, with the reason and evidence. Damage found at return, including missing equipment, follows its own procedure, set out in the TVDE Vehicle Allocation and Use Agreement: Operations compare the handover and return photos at once; the value of new damage, set by a repair shop quote or an insurance assessment, stays locked in the deposit and is used to pay the owner only when the driver accepts the case, within 48 hours, or when Operations record the evidence; a rejection or a lack of reply from the driver does not by itself lead to any deduction. Once the checklists are confirmed, the 48 hours referred to in the second paragraph of this section have passed and nothing is open, the rest of the deposit is unlocked. If the available sources are not enough, the difference is recorded as an open amount, handled in the damage case, and the insurance may be used.

4. How to ask for a refund

Use the option in your account or write to hello@motorista.club, preferably from the email linked to your account, stating the vehicle, the week and the reason. We reply within 5 business days.

5. How refunds are made

Refunds go back to the original payment method. Card payments can only be refunded to the same card; bank transfer payments are refunded to the IBAN registered in the account. If a refund to the card is not possible, the amount is transferred to the IBAN registered in the account; an IBAN changed less than 48 hours earlier, still in its waiting period, is not used. The same applies to the refund of a wrongly charged fee (section 1). Amounts are in euros.

6. Disputes with your bank

If you do not recognise a payment, please contact us first: we usually resolve it faster than a bank dispute. A dispute does not cancel the obligations taken on under the Terms and Conditions and the TVDE Vehicle Allocation and Use Agreement.

7. Your rights

This policy does not limit the rights consumers have under the law. You can file a complaint in the Electronic Complaints Book (www.livroreclamacoes.pt) or turn to the Lisbon Consumer Dispute Arbitration Centre (www.centroarbitragemlisboa.pt), to which TriaFlow has adhered.

This policy is available in Portuguese and English and both versions are equally authentic; if they differ, the meaning more favourable to the user prevails.

8. Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

— To: TRIAFLOW MOBILITY TECHNOLOGIES, LDA, Rua A, Lote 66, Armazém RC, Quinta São João das Areias, 2685-012 Sacavém, Portugal; hello@motorista.club

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/for the provision of the following service (*):

— Ordered on (*)/received on (*):

— Name of consumer(s):

— Address of consumer(s):

— Signature of consumer(s) (only if this form is notified on paper):

— Date:

(*) Delete as appropriate.