Effective Date: May 21, 2026, Governing Law: Republic of Azerbaijan

By downloading, accessing, registering, or using the ToursCab mobile application ("App"), you ("User") unconditionally agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must immediately cease using the App and delete it from your device.

1. NATURE OF SERVICE & PLATFORM ROLE

1.1. Platform Role: ToursCab is a digital, online-to-offline (O2O) marketplace and intermediary platform operated to connect Users with independent third-party partners, including car rental companies and daily tour operators ("Partners").

1.2. Intermediary Status: ToursCab does not own, lease, operate, manage, or control any rental vehicles, daily tours, excursion activities, or transport services. ToursCab acts strictly as an intermediary mediator. The contract for the actual provision of car rental services or daily tours is formed directly between the User and the respective Partner.

1.3. Service Descriptions: Information regarding vehicles, daily tours, pricing, availability, and terms of service displayed on the App is provided directly by the Partners. While we endeavor to ensure accuracy, ToursCab is not responsible for any typographical errors, outdated information, or inaccuracies provided by Partners.

2. BOOKING FEES, COMMISSION, AND PAYMENTS

2.1. Booking Fee (Commission): To secure a booking for a rental car or a daily tour through the App, the User must pay a Booking service fee as indicated on the App (the "Booking Fee").

2.2. Purpose of the Booking Fee: The Booking Fee represents:

• The commission earned by ToursCab for providing the digital intermediary booking service, and
• A commitment deposit paid by the User to ensure seriousness, prevent spam bookings, and secure the selected vehicle or tour slot. The parties explicitly agree that this fee is a service charge paid to ToursCab for intermediary booking services and does not constitute earnest money (be) under Article 493 of the Civil Code of Azerbaijan.

2.3. Non-Refundability: The Service Fee is strictly non-refundable under all circumstances once the booking is confirmed, except as expressly provided in Clause 3.2. If the User cancels the booking, fails to show up, or does not meet the eligibility requirements of the Partner, the Booking Fee shall be forfeited.

2.4. Remaining Balance: The remaining balance (as indicated on the App) must be paid by the User directly to the Partner at the physical location or upon the commencement of the service (collection of the car or start of the tour), in accordance with the Partner’s payment methods and terms.

2.5. Pricing and Taxes: All prices listed on the App are set by Partners. Taxes, local fees, and security deposits (in the case of car rentals) may be applied directly by Partners and are the sole responsibility of the User.

3. BOOKING POLICIES, CANCELLATIONS, AND REFUNDS

3.1. Validity: Bookings are valid only for the specific date, time, vehicle, or tour option selected during the booking process.

3.2. Force Majeure and Technical Errors: The Booking Fee is generally non-refundable. However, a full refund or re-credit of the Booking Fee shall be issued to the User only if:

• The booking service was not delivered due to a verified system-wide technical failure directly attributable to ToursCab; or
• The Partner cancels the booking due to its own operational limits, vehicle breakdown prior to handover, tour cancellation, or Force Majeure, and is unable to provide a reasonable alternative. In this case, please contact ToursCab support for the refund.

3.3. Partner Cancellation Policies: The cancellation, modification, and refund policies for the remaining balance (as indicated on the App) are determined solely by the respective Partner. Users are advised to review the Partner's specific terms before completing a booking.

3.4. No-Show Consequences: If a User fails to arrive at the designated location to collect the rental car or join the daily tour at the scheduled time ("No-Show"), the booking will be automatically cancelled. The Booking Fee will not be refunded, and the Partner reserves the right to charge cancellation fees on the remaining balance in accordance with their individual policies.

4. SPECIFIC POLICIES FOR CAR RENTALS & DAILY TOURS

4.1. Rental Car Requirements: To rent a vehicle through a Partner listed on ToursCab, the User (or designated driver) must meet the following statutory and contractual requirements at the time of vehicle pickup:

• Minimum Age: Must be at least eighteen (18) years of age (or higher, depending on the specific Partner’s policy) and possess the legal capacity to enter into a contract.
• Driving License: Must present a valid driving license appropriate for the vehicle class. Foreign citizens must present a valid International Driving Permit (IDP) alongside their national driving license, or an officially notarized translation of their national driving license into the Azerbaijani language if their national license does not conform to the Vienna Convention on Road Traffic.
• Security Deposit: Partners may require a security deposit (held via credit card or cash) at the time of pickup to cover potential damages, traffic fines, or fuel shortages. ToursCab has no involvement in, or liability for, the collection, management, or return of security deposits.
• Compliance: The User is solely responsible for complying with all traffic laws of the Republic of Azerbaijan, paying traffic fines, toll fees, and parking fees.

4.2. Daily Tour Requirements: To participate in daily tours booked through ToursCab, the User must comply with the following:

• Punctuality: Users must arrive at the designated departure point at least 15 minutes before the scheduled start time. Tours will not be delayed for late arrivals.
• Physical and Health Conditions: Certain tours may require specific physical fitness levels. It is the User’s responsibility to evaluate their health conditions before booking.
• Conduct and Instructions: Users must follow all safety rules and instructions given by the tour guide or Partner representatives. Partners reserve the right to exclude any User from a tour due to disruptive, illegal, or unsafe behavior, without any liability or refund.

5. USER ELIGIBILITY & ACCOUNT TERMINATION

5.1. Eligibility: The App is intended solely for individuals who are at least 18 years of age and possess the legal capacity to form binding agreements under the laws of the Republic of Azerbaijan.

5.2. Accuracy of Information: The User agrees to provide accurate, current, and complete information during registration and booking. Any fraudulent, misleading, or duplicate accounts may be suspended immediately.

5.3. Account Deletion: Users have the right to delete their accounts directly within the App settings or by sending a written deletion request to ToursCab support.

5.4. Suspension and Termination by ToursCab: ToursCab reserves the right to suspend or terminate a User's account, without notice or liability, if:

• The User violates any provision of these Terms;
• The User engages in fraudulent, abusive, or malicious behavior (including booking manipulation or "game playing");
• ToursCab detects security risks or is required to do so by applicable law. Upon termination, any active bookings or entitlements associated with the account shall be immediately forfeited without compensation.

6. PARTNER LIABILITY DISCLAIMER

6.1. Independent Contractors: Partners (car rental operators and tourism agencies) are independent contractors and are not employees, agents, partners, or joint-venturers of ToursCab.

6.2. Vehicle and Tour Safety: Responsibility for vehicle roadworthiness, mechanical safety, regular maintenance, valid vehicle insurance, and statutory compliance lies solely with the car rental Partner. Similarly, responsibility for tour safety, professional guides, licensed transport, and compliance with tourism laws lies solely with the tour Partner.

6.3. Direct Recourse: Any claims, disputes, injuries, accidents, property damage, losses, or delays arising out of or in connection with the car rental or the daily tour must be resolved directly with the respective Partner. ToursCab disclaims all liability for any personal injury, death, property damage, or other damages resulting from services provided by Partners.

6.4. No Warranties: ToursCab provides the App platform on an "as-is" and "as-available" basis. We make no express or implied warranties regarding the quality, safety, availability, suitability, or legality of the vehicles or tours listed by Partners.

7. PAYMENT SECURITY & DATA PROTECTION

7.1. Third-Party Payment Processor: Payment of the Booking Fee is processed securely through authorized third-party payment gateways. ToursCab does not store your full credit card or financial credentials on our servers.

7.2. Payment Failures: ToursCab is not liable for payment failures, network interruptions, or errors committed by financial institutions or third-party payment processors.

7.3. Privacy Policy: By accepting these Terms, the User provides their explicit and unconditional electronic consent (constituting a written consent under the Law of the Republic of Azerbaijan On Electronic Signature and Electronic Document) for the collection, processing, and transmission of their personal data to Partners in accordance with the Law of the Republic of Azerbaijan On Personal Data and our Privacy Policy. Upon account deletion, personal data will be purged, save for information we are legally required or business-wise permitted to retain for regulatory, tax, or record-keeping purposes.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. Ownership: All content, designs, source code, graphics, logos, databases, and trademarks associated with ToursCab are the exclusive property of ToursCab or its licensors and are protected by the intellectual property laws of Azerbaijan and international treaties.

8.2. Limited License: Users are granted a limited, revocable, non-exclusive, non-transferable license to access and use the App solely for personal, non-commercial booking purposes.

9. LIMITATION OF LIABILITY

9.1. Exclusion of Damages: To the maximum extent permitted by the laws of Azerbaijan, ToursCab shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, loss of data, loss of goodwill, personal injury, or property damage arising out of the use or inability to use the App or services of Partners.

9.2. Liability Cap: In all instances, ToursCab's aggregate and maximum liability under these Terms or in connection with any booking shall be strictly limited to the exact amount of the Booking Fee paid by the User for the specific booking out of which the claim arose.

10. AMENDMENTS & MODIFICATIONS

10.1. Right to Modify: ToursCab reserves the right to modify, amend, or update these Terms at any time. Any material changes will be announced in the App or sent via email before taking effect.

10.2. Continued Use: Your continued use of the App following the posting of revised Terms constitutes your explicit and legally binding acceptance of the updated Terms.

11. GOVERNING LAW AND DISPUTE RESOLUTION

11.1. Governing Law: These Terms, their interpretation, and any disputes arising from them shall be governed exclusively by the substantive laws of the Republic of Azerbaijan.

11.2. Jurisdiction: Any dispute, controversy, or claim arising out of or relating to these Terms, including their validity, breach, or termination, which cannot be resolved amicably, shall be submitted to the exclusive jurisdiction of the competent courts in the Republic of Azerbaijan.

11.3. Class Action Waiver: Users waive any right to participate as a plaintiff or class member in any class, collective, or representative legal action against ToursCab.

12. SEVERABILITY

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.