Terms of Service

The short version: Afto is a marketplace that connects people who own cars ("hosts") with people who want to rent them ("guests"). We're not a rental car company and we don't own any of the vehicles listed on Afto. These terms are the rulebook for using our app and site — read the whole thing, but the sections on payments, cancellations, and liability matter most.

These Terms of Service ("Terms") are a legal agreement between you and Rent Cars LA LLC, a California limited liability company that operates the Afto service ("Afto," "we," "us"). By creating an account, browsing listings, booking a trip, or listing a vehicle, you agree to these Terms, our Privacy Policy, and any policy referenced below. If you don't agree, don't use Afto.

1. Who can use Afto

You must be at least 18 years old to create an account. To book a trip as a guest, you must meet our driver eligibility requirements, including driver's-license verification. The verified license is Afto's identity-verification decision for booking eligibility. Guests 18–20 cannot book luxury or exotic vehicles, but are not required to purchase a particular protection plan. To list a vehicle as a host, you must own or have legal authority to rent out the vehicle, hold a valid driver's license or state ID, and pass our listing review.

You're responsible for keeping your account credentials secure and for everything that happens under your account. Tell us right away at [email protected] if you think someone else has access to it.

2. What Afto is (and isn't)

Afto operates a technology platform that lets hosts list vehicles and guests book them. We are not a party to the rental agreement formed between a host and a guest for a specific trip — that agreement (governed by these Terms, the listing's rules, and applicable law) is between the two of them. We are not an insurer (see our Insurance Disclosure), we don't manufacture or inspect vehicles beyond the listing requirements in our Prohibited Uses Policy and vehicle-eligibility rules, and we don't guarantee any host or guest's conduct — though we do screen accounts, run the protection program described in our Protection Plans Terms, and enforce our Community Guidelines.

3. Bookings, prices, and fees

When a guest books a trip, they see the full price before paying — trip subtotal, the trip-specific Trip fee, their chosen protection plan cost, and any extras — with no hidden line items. Carrier-backed third-party liability coverage is not currently active; see our Insurance Disclosure. The Trip fee is calculated for each trip, never exceeds $400, and locks with the quote for 24 hours. Full fee mechanics are in our Cancellation Policy and the fee breakdown help article. Hosts choose one of three earnings plans per vehicle (75%, 85%, or 93% host share) as described in the Protection Plans Terms; Afto's commission is the difference.

Instant Book is opt-in for hosts. Otherwise, a booking request expires automatically if the host doesn't respond within 12 hours. Instant bookings are charged when confirmed. A booking request places an authorization on the guest's payment method and is charged if the host approves; a host decline or platform expiry releases or cancels that authorization.

4. Cancellations

At checkout, guests choose Flexible, Standard, or Saver cancellation terms; Standard is selected by default. The chosen terms and price adjustment are saved with the trip. Guest cancellation charges apply only to guest-caused cancellations, while host-caused cancellations receive a full refund. Trip fees, guest protection costs, and taxes refund whenever a trip does not happen. Full terms are in our Cancellation Policy.

5. Trips: check-in, check-out, and vehicle use

Every trip starts and ends with Afto's photo-documented check-in/check-out process — this protects both sides and is how we resolve damage disputes fairly. Guests agree to use the vehicle only as permitted by the listing's trip rules and applicable law, to return it on time and in the condition documented at pickup (normal wear and tear excepted), and not to use it for purposes listed in our Prohibited Uses Policy — including subletting, racing, towing, driving under the influence, or unauthorized commercial use (rideshare/delivery unless the listing explicitly allows it).

6. Damage, claims, and protection

If something goes wrong on a trip, our claims process — including the evidence rule, timeline, and appeal rights — is described in the Protection Plans Terms and summarized in our published claims SLA help article. Filing a good-faith claim never results in a fee or fine to the person who files it.

7. Payments and payouts

Guests pay through Afto's payment processor at the time of booking (or per the applicable cancellation refund rules). For hosts, Afto initiates a first completed-trip payout after 3 business days, later completed-trip payouts after 3 hours, and weekly partial payouts for trips longer than 7 days. Banks take an additional 3–5 business days after initiation — see Getting Paid: Payout Schedule. You authorize Afto and our payment processor to charge, hold, batch, and disburse funds as described in these Terms and the policies they reference.

8. Account standing, suspension, and deactivation

We may restrict, suspend, or deactivate an account or remove a listing for a violation of these Terms or another published policy; an eligibility, safety, fraud, or security concern; a legal requirement; nonpayment; or conduct that creates material risk to another person or the Platform. We may act immediately and without advance notice when reasonably necessary to address that risk.

We will ordinarily send a written notice identifying the action, the policy category, the effective date, and available next steps. We may limit details when disclosure would create a safety risk, reveal confidential information, interfere with an investigation, or violate law. If the notice says the action is eligible for appeal, the appeal must be submitted within 10 business days. Our target for a written decision after receiving a complete appeal is 5 business days. The complete process, including what happens to existing bookings, is in Account Deactivation and Appeals.

You may ask to close your account at any time, subject to active bookings, unresolved amounts, claims, disputes, and legal or recordkeeping obligations. Submitting a closure request does not cancel upcoming or in-progress trips. Support will review active trips with you before any account action. Submitting a closure request does not forfeit or change travel or referral credit. Credit keeps its existing status and expiration while the account remains open. See Closing Your Account and Data Deletion and the Privacy Policy for the current request and deletion process.

9. Content you submit

Photos, listing descriptions, reviews, and messages you post on Afto are yours, but you grant Afto a non-exclusive, worldwide, royalty-free license to host, display, and use them to operate and promote the platform (for example, showing your listing photos in search results). You're responsible for having the rights to anything you upload. See our Prohibited Uses Policy for content rules and our copyright policy for takedown requests.

If you use an in-app voice call, Afto records the call for safety. The call connects only after both the host and guest agree to recording. The recording stays access-controlled and may be used to help resolve safety reports, claims, and disputes. We keep it while it is relevant to the account or a claim, and we honor verified deletion requests unless we must preserve it for a legal or active dispute-related reason.

10. Disclaimers and limitation of liability

To the fullest extent permitted by law, Afto's app, site, content, and marketplace services are provided "as is" and "as available." We disclaim all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, quiet enjoyment, title, and non-infringement. We don't promise that the service will always be available, secure, or error-free; that a listing or other content will be accurate; that screening or verification will identify past or prevent future misconduct; or that any vehicle or user will be safe, lawful, suitable, or perform as expected. A "verified" label means only that the stated verification process was completed.

Afto is a marketplace and does not control the acts or omissions of hosts, guests, vehicle owners, drivers, manufacturers, or third-party providers. To the fullest extent permitted by law, Afto and its affiliates, officers, directors, employees, agents, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, data, goodwill, or use, arising out of or related to these Terms or the service, even if advised that those damages were possible.

To the fullest extent permitted by law, the total liability of Afto and the parties listed above for all claims arising out of or related to these Terms or the service will not exceed the greater of $100 or the fees you paid to Afto during the 12 months before the event giving rise to the claim. This cap does not reduce any payment Afto is expressly required to make under the Protection Plans Terms for a specific trip. It also does not apply to fraud, willful misconduct, gross negligence, or any other liability that applicable law does not allow us to exclude or limit. Some jurisdictions do not allow certain warranty disclaimers or liability limits, so those limits apply only to the extent the law permits.

11. Dispute resolution

Please read this section carefully. Except for the limited exceptions below or if you timely opt out, you and Afto agree to resolve disputes through binding individual arbitration and give up the right to have those disputes decided by a judge or jury.

Governing law. California law governs these Terms and disputes arising out of or related to them or the Afto service, without regard to conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement below.

Informal resolution first. Before starting arbitration or a court case other than an eligible small-claims case or a request for emergency intellectual-property relief, the party raising the dispute must send an individual written notice and allow 60 days for a good-faith effort to resolve it. Send a notice to [email protected] with the subject line "Notice of Dispute" and include your full name, the email address on your Afto account, a brief description of the dispute, and the resolution you want. Afto will send any notice to the email address on your account. If the dispute concerns a specific trip, you must also complete the applicable Afto claims and appeals process first. To the extent permitted by law, applicable filing deadlines are paused during this 60-day period.

Binding individual arbitration. If the dispute is not resolved within 60 days after the notice is received, either party may begin arbitration. Except for the carve-outs below, any dispute, claim, or controversy between you and Afto arising out of or related to these Terms, the Afto service, or your relationship with Afto will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitrator may award the same individual remedies a court could award, and a court with jurisdiction may enter judgment on the award. Any hearing may take place remotely, in the county where you live, or at another location both parties agree to.

Arbitration fees and related filings. AAA's Consumer Arbitration Rules and Consumer Fee Schedule in effect when the arbitration is filed govern filing, administration, and arbitrator fees. Afto will pay the amounts the AAA rules require a business to pay. Each party will otherwise pay its own attorneys' fees and costs unless applicable law or the arbitrator's award provides otherwise. If related demands qualify as a mass arbitration under AAA's Mass Arbitration Supplementary Rules, those rules and the applicable consumer mass-arbitration fee schedule will apply. Administrative grouping under those rules does not authorize class arbitration or make the decision in one claimant's case binding on another claimant without that claimant's agreement.

Carve-outs. Either party may bring an eligible individual claim in small-claims court. Either party may also ask a court for temporary or injunctive relief to prevent actual or threatened infringement, misappropriation, or violation of copyrights, trademarks, trade secrets, patents, or other intellectual-property rights. This arbitration agreement does not require arbitration where federal law gives a person the right to choose court for a sexual-assault or sexual-harassment dispute. A request for public injunctive relief, as California law defines that remedy, is not waived and must be decided by a court. To the extent permitted by law, a court may stay a public-injunctive-relief request while the parties arbitrate the claims that are subject to arbitration.

30-day right to opt out. You may opt out of this arbitration agreement by emailing [email protected] within 30 days after you first accept a version of these Terms containing it. Use the subject line "Arbitration Opt-Out" and include your full name, the email address on your Afto account, and a clear statement that you are opting out of arbitration. No other information is required. If you opt out on time, neither you nor Afto will be required to arbitrate, but the rest of these Terms will still apply.

Class-action and jury-trial waiver. Except for a request for public injunctive relief described above, you and Afto may bring claims against each other only in an individual capacity, not as a plaintiff or member in a class, collective, consolidated, or representative action. An arbitrator may not combine more than one person's claims unless everyone involved agrees in writing. If a dispute proceeds in court, you and Afto each waive a jury trial to the fullest extent permitted by law.

Court venue. If a dispute is not subject to arbitration, any court proceeding other than an eligible small-claims case must be brought in the state or federal courts serving Sacramento County, California, unless applicable law requires another venue. You and Afto consent to those courts' personal jurisdiction.

Severability and survival. If any part of this section is found unenforceable, it will be severed and the rest will remain in effect. If the class-action or representative-action waiver cannot be enforced for a particular claim or requested remedy, that claim or remedy must proceed in court, not in class arbitration, while any part that can be arbitrated will remain in arbitration to the extent permitted by law. This section survives closure of your account and termination of these Terms.

12. Changes to these Terms

We'll give you 30 days' notice by email before any change to fees, commission rates, or earnings-plan terms takes effect, and 14 days' notice for other changes to these Terms. Legally required or safety-critical changes may take effect sooner, with an explanation sent within 48 hours. If you keep using Afto after a change's effective date, that counts as accepting it; if you don't agree, you can close your account before the effective date at no penalty.

13. Contact

Rent Cars LA LLC (operator of Afto) 2108 N ST STE N, Sacramento, CA 95816 [email protected]