Each time a reservation is confirmed in VAKA, a rental agreement is formed between two neighbors. This page is the template of that agreement: its clauses apply to every confirmed reservation, completed with the specific data of the reservation (item, dates, price, deposit, and the listing's conditions).
VAKA is not a party to this agreement. VAKA is the technological intermediary that facilitates it: it connects neighbors, processes payments, requires evidence of handover and return, and administers the claims process. The agreement binds only the neighbor who lists and the neighbor who rents. VAKA's role is governed by the Terms and Conditions.
Clause 1. Parties
The parties to this agreement, identified by their verified accounts on the platform and by the reservation data, are:
- The Neighbor Who Lists: the one who offers the item and accepts the reservation.
- The Neighbor Who Rents: the one who requests the reservation, pays the rent, and receives the item for its temporary use.
Both declare that they are over 18 years old, have the legal capacity to contract, and have registered truthful information on the platform, in accordance with the Terms and Conditions.
Clause 2. Subject
The Neighbor Who Lists grants the Neighbor Who Rents the temporary useof the item described in the listing (the «Item»), for the term and the price of the reservation. This agreement does not transfer ownership of the Item nor any right over it other than the agreed temporary use. The description, the photos, the declared value, and the listing's conditions form part of this agreement.
Clause 3. Formation of the agreement and evidence
- The agreement is formed when the reservation request is accepted by the Neighbor Who Lists and the rent payment is confirmed through the platform (including the scheduled charge for distant reservations — Payments Terms).
- The platform's electronic records (the reservation, the messaging, the payment authorizations, the handover and return evidence with location, and the dates of each action) constitute the evidence of the agreement and of its execution, and both parties accept them as a means of proof. The recognition of electronic contracting is governed by the applicable law of each country where VAKA enables operations.
Clause 4. Term: rental days
A rental day is a block of 24 hours counted from the documented handover of the Item. The term of the agreement is the number of days of the reservation, counted in blocks of 24 hours from the handover, plus the extensions approved in accordance with clause 10.
Clause 5. Price and method of payment
- The rental price is the one confirmed in the reservation. All payments under this agreement (rent, security deposit, extensions, and amounts resulting from claims) are processed exclusively through the platform, in accordance with the Terms of Payments, Deposits, and Refunds.
- It is prohibited to pay or charge outside the platform. A deal closed outside is left without a security deposit, without documented evidence, and without access to the claims process, in addition to the consequences of the Terms and Conditions.
- The Neighbor Who Lists receives their payment through the platform's payment cycle (Payments Terms); the Neighbor Who Rents owes them nothing to pay in hand.
Clause 6. Security deposit
The reservation includes a security deposit borne by the Neighbor Who Rents, which is charged at the handover and refunded if the 48-hour claim window closes without claims. Amount, timing of the charge, and refund rules: Payments Terms. The deposit is the first source of payment for a claim resolved in favor of the Neighbor Who Lists (clause 12).
Clause 7. Handover of the Item
- The parties coordinate the handover through the platform's messaging, in the manner agreed in the reservation (meet-up or paid delivery, if the Neighbor Who Lists offers it). Safety recommendations at /safety.
- At the handover, both parties complete the documented handover: photographic record of the Item's condition with location, required by the platform. That evidence fixes the initial condition of the Item.
- From the documented handover until the documented return, the possession and care of the Item correspond to the Neighbor Who Rents, who is responsible for its loss, damage, or deterioration other than normal wear from proper use.
- With the documented handover, the security deposit is charged and the first rental day begins to count.
Clause 8. Declarations of the Neighbor Who Lists
The Neighbor Who Lists declares that:
- is the owner of the Item or has sufficient right to grant its temporary use;
- the Item is in good working condition and corresponds to the listing's description and photos;
- the declared value of the Item is truthful and reasonable — an inflated or false value may totally or partially invalidate a claim (Claims Policy);
- the Item does not belong to the prohibited categories of the Terms and Conditionsand its rental does not require licenses it does not hold;
- disclosed in the listing any defect, limitation, or relevant use instruction.
Clause 9. Obligations of the Neighbor Who Rents
The Neighbor Who Rents undertakes to:
- use the Item diligently, in accordance with its purpose, the listing's instructions, and the law;
- not assign, lend, or sublet the Item to third parties, nor use it for unlawful purposes;
- not modify or repair the Item on their own; in the event of a failure, notify immediately through the platform's messaging (emergencies: (/support/emergency));
- notify immediately of any incident (damage, loss, or theft) — in the case of theft, the report to the competent authority may be required as evidence;
- return the Item at the end of the term, in the same condition in which it was received except for normal wear from proper use, with all its accessories.
Clause 10. Extensions
If the Neighbor Who Rents needs more days, they must request an extension from the reservation, before the term expires. The extension requires the approval of the Neighbor Who Lists; once approved, the additional days are charged automatically at the same price per day, in accordance with the Payments Terms. Retaining the Item without an approved extension is a breach of this agreement (clause 11).
Clause 11. Return
- The return is made when the last 24-hour block of the term expires, at the place and manner agreed, and is completed with the documented return(photographic record with location), which fixes the final condition of the Item.
- From the documented return, the 48-hour claim window of the Neighbor Who Lists (Claims Policy). If it closes without a claim, the deposit is refunded and the Neighbor Who Lists' payment enters their payment cycle.
- If the Item is not returned at expiration and there is no approved extension, the Neighbor Who Lists may open the claim without waiting for the return; non-return is treated as a total loss, without prejudice to the legal actions that may apply.
Clause 12. Damage, loss, and claims
- The Neighbor Who Rents is responsible for the damage, loss, and shortage of the Item occurring between the documented handover and the documented return, except for normal wear from proper use.
- Every claim between the parties for these matters is handled through the platform's process: Damage Claims and Dispute Resolution Policy (48-hour window, response within 72 hours, resolution with the available evidence).
- The amount of a resolution is obtained in this order: the security deposit; if it is not enough and the reservation has Neighbor Backer, the Neighbor Backer up to the exact amount it consented to; and if it is still not completed, the difference subsists as a debt of the Neighbor Who Rents toward the Neighbor Who Lists.
- VAKA does not assume any of these amounts with its own resources: the platform's protection system is process-based (VAKA Shield)and is not insurance nor a policy.
Clause 13. Cancellation
The cancellation of the reservation is governed by the platform's single cancellation policy: 100% refund with a pending request; 95% canceling more than 48 hours before the handover; 50% between 24 and 48 hours; no refund with less than 24 hours. If the Neighbor Who Lists or the platform cancels, the Neighbor Who Rents receives 100% of what was paid, without additional compensation. Details and examples: Payments Terms and /support/cancellation.
Clause 14. VAKA's role
- VAKA is not a party to this agreement: it is not the owner of the Item, does not offer it for rent, and does not assume the obligations of either party.
- VAKA acts as an intermediary: it facilitates the platform, the payment processing, the documented evidence, and the claims process, in accordance with the Terms and Conditions and the documents that comprise them.
- VAKA's decisions in the claims process administer the deposit and the reservation's payments within the platform (Claims Policy), and do not limit the legal rights of the parties between themselves.
Clause 15. Dispute resolution and applicable law
- The parties first attempt to resolve their differences through the platform's messaging and through VAKA's processes (claims, (Help Center)).
- Whether or not the platform's process is exhausted, either party retains its rights before the competent courts and authorities of its country.
- The applicable law and jurisdiction of this agreement between neighbors are governed by the law of the country where the rental is executed, in accordance with the country annex of the Terms and Conditions. The legal classification of the agreement and the default rules are those that apply under that law.
Clause 16. Electronic acceptance
The Neighbor Who Lists accepts this agreement upon accepting the reservation request; the Neighbor Who Rents, upon confirming and paying for the reservation. Both acceptances are recorded electronically on the platform with date and time. The version of this template applicable to a reservation is the one in force at the time of its confirmation. This agreement is entered into in Spanish.