UBER CARSHARE TERMS OF
SERVICE
Last Modified: October 26, 2023
1.
1.1 The Uber Carshare Terms of Service (the “Agreement”) govern your access and use
of the portal and associated services made available by Uber Carshare US LLC, a
Delaware limited liability company (hereinafter referred to as, “Uber Carshare”, “we”
or “us”) and its affiliates, collectively with Uber Carshare, “Uber”), primarily being a
marketplace platform that enables users to share vehicles.
1.2 PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONSTITUTES A LEGAL
AGREEMENT BETWEEN YOU AND UBER CARSHARE. In the Agreement, the
words "including" and "include" mean "including, but not limited to.".
1.3 IMPORTANT: PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS
PROVISIONS THAT GOVERN HOW YOU CAN BRING CLAIMS BETWEEN YOU
AND UBER, INCLUDING THE ARBITRATION AGREEMENT IN SECTION 9
BELOW. THIS AGREEMENT OUTLINES HOW SUCH CLAIMS ARE RESOLVED,
INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE
ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. PLEASE
REVIEW THE ARBITRATION AGREEMENT IN SECTION 9 CAREFULLY, AS IT
REQUIRES YOU TO RESOLVE ALL DISPUTES WITH UBER ON AN INDIVIDUAL
BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING
ARBITRATION. YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT
OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. BY AGREEING TO
THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ
AND UNDERSTOOD ALL OF THESE TERMS OF SERVICE AND HAVE TAKEN
TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
2. SERVICE ACCESS
2.1. Uber Carshare provides an online portal, website, mobile application and associated
technology, devices, and support services that enable and facilitate the sharing of
vehicles (together the “Services”) which together form a peer-to-peer car-sharing
platform that enables third-party vehicle owners to list vehicles they own and are
interested in sharing (“Owners”) and facilitates their connection with third-party
individuals interested in borrowing those vehicles (“Borrowers”, and collectively with
Owners, “Users”).
2.2. You warrant that all information provided by you to us or any of our affiliates, including
without limitation your name, address, email address, and information about your
driving history, is true and correct and is all the information reasonably required in
relation to your use of the Service. At any time when using the Uber Carshare
platform, you must ensure that all information provided by you is current and up to
date.
2.3. When an Owner accepts a Booking (as defined below) from a Borrower, Owner and
Borrower are entering into a contract directly with each other. Uber Carshare is not
and does not become a party to or other direct participant in any contractual
relationship between Owner and Borrower.
2.4. We do not control the condition of any vehicle listed by an Owner on the platform (a
“Vehicle”), the actions of any active User of the platform or the information provided
by you or other Users and included in any profiles or otherwise made available to
you. You are solely responsible for your actions and inactions in relation to your use
of the Service and your interactions with other Users.
2.5. You permit us and our affiliates to verify your identity to confirm that the personal
information you provide to Uber Carshare, including the information you provide in
your identity document as evidence of your identity is true and accurate. You
authorize Uber Carshare to share your personal information with other Users solely
for use in connection with this Agreement.
2.6. Uber Carshare may immediately terminate this Agreement with respect to you, or
generally cease offering or deny access to Uber Carshare or any portion thereof, at
any time for any reason. Termination of this Agreement does not affect any accrued
rights or liabilities up to and including the date of termination.
2.7. YOU ACKNOWLEDGE THAT YOUR ABILITY TO LIST OR OBTAIN THE USE
OF SHARED VEHICLES DOES NOT ESTABLISH UBER CARSHARE OR ITS
AFFILIATES AS A (1) RENTAL CAR COMPANY, (2) A PROVIDER OF
TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES, AN (3)
INSURANCE COMPANY, OR (4) A TRANSPORTATION CARRIER. YOU
ACKNOWLEDGE THAT UBER CARSHARE DOES NOT PROVIDE SHORT OR
LONG-TERM VEHICLE LEASES.
3. ELIGIBILITY CRITERIA; BOOKING LENGTH
3.1. To use the Uber Carshare platform to list Vehicles or borrow Vehicles you must be at
least 21 years old
3.2. Uber Carshare will take reasonable steps to verify any User has a valid, current driver
license that is free of restrictions that would prevent the User from operating a Vehicle
and that any Vehicle that a Owner makes available for sharing is appropriately
registered. However, Uber Carshare does not guarantee the completeness or
correctness of this or any other information that Users provide.
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3.3. The minimum period of a Booking including any amendments to that period that are
made and accepted through the Booking System (as defined below) (the “Booking
Period”) is one hour. The maximum Booking Period is 120 days subject to extension.
4. INCORPORATION OF POLICIES; CHANGES TO THIS AGREEMENT
4.1. These terms, the Damage Policy (“Damage Policy”), the Privacy Notice (“Privacy
Notice”), the Fee Schedule (“Fee Schedule”), Vehicle Protection, the Owner
Cancellation and Borrower Cancellation Policies, and the Owner Guarantee as
applicable (collectively the “Policies''), and any referenced terms and conditions,
form your written agreement with Uber Carshare. You may view the current versions
of the Policies via the Uber Carshare Website (“Website”).
4.2. Your access and use of Uber Carshare is also governed by Uber’s
Non-Discrimination Policy and Uber’s Community Guidelines, as well as all other
applicable terms, conditions, policies, limitations and requirements for accessing the
Uber Marketplace Platform. Terms not expressly provided herein are governed by
these policies. If there is any inconsistency between the terms of the Agreement and
the Policies, or any other referenced terms and conditions, the terms of the
Agreement will prevail to the extent of any inconsistency for Uber Carshare Services
only.
4.3. The terms of this Agreement, including the Policies, may be changed at any time by
posting changes on the Website. Your continued access or use of the Service after
receiving notice of changes or updates constitutes your consent to be bound by the
updated Agreement as amended.
4.4. You acknowledge and agree that any of our affiliates may exercise any of our rights
and perform any of our obligations under the Agreement, and our affiliates may
benefit from your observance of or performance under the Agreement.
5. PAYMENT METHODS
5.1. In order to book or list a Vehicle, you will be required to provide a valid payment
method. All Charges (as defined below) and payments will be enabled by Uber
Carshare using the preferred payment method designated in your account, after
which you will receive a receipt. If your primary account payment method is
determined to be expired, invalid or otherwise not able to be charged, you agree that
Uber Carshare may use another available payment method in your account. Uber
Cash and Uber Gift Cards are not accepted as a payment method.
5.2. Refunds. Charges paid by you are final and non-refundable, unless otherwise
determined by Uber Carshare and the Owner assessing the Charge. If you have any
requests for cancellations, refunds, or returns, or if you think a correction should be
made to any Charge you incurred, please contact support to initiate such requests
within 30 days after the Charge took place or Uber Carshare will have no further
responsibility and you waive your right to later dispute the amounts charged.
6. PRIVACY & COMMUNICATIONS
6.1. Our collection and use of personal information in connection with the Services is
provided in Uber’s Privacy Notice located here. By entering into this Agreement and
by providing us personal information, you represent to us that you have read the
terms of the Privacy Notice. The terms of the Privacy Notice form part of this
Agreement. The Privacy Notice sets out how we collect, use, store and disclose your
personal information.
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6.2. You agree that we, or our affiliates, may provide your name, email address and
telephone number, or other personal information to a User if you have made a
Booking to use their Vehicle or if they have made a Booking to use your Vehicle, so
that they can communicate directly with you in relation to that Booking. You must not
use the contact details of other Users for marketing or any other unauthorized
purpose.
6.3. By linking an Uber account, you electronically agree to accept and receive
communications from Uber Carshare, Owners/Borrowers (as the case may be) or
third parties providing services to Uber Carshare including via email, text message,
calls, in-app communications, and push notifications to the telephone number(s) or
email addresses you provided to Uber. You may also receive communications
generated by automatic telephone dialing systems and/or which will deliver
prerecorded messages sent by or on behalf of Uber Carshare, and/or
Owners/Borrowers (as the case may be), including but not limited to communications
concerning requests placed through your Uber Carshare account on the Services.
Message and data rates may apply. You can learn more about how Uber Carshare
may contact you by reading Uber’s Privacy Notice.
6.4. If you do not wish to receive promotional emails, text messages, or other
communications from Uber Carshare, you may change your notification preferences
by accessing Settings in your account. To opt out of receiving text messages from
Uber Carshare, you must reply “STOP” from the mobile device receiving the
messages. For purposes of clarity, text messages between you and
Owners/Borrowers (as the case may be) are transactional text messages, not
promotional text messages. You acknowledge that opting out of receiving all
communications may impact your use of the Services. Notwithstanding the foregoing,
if we suspect fraud or unlawful activity on your account, Uber Carshare may contact
you using any of the contact information you provided in connection with your
account (including via text or voice-recorded message).
7. INTELLECTUAL PROPERTY
7.1. Subject to the terms and conditions of this Agreement, Uber hereby grants you a
non-exclusive, non-transferable, non-sublicensable, non-assignable royalty-free and
fee-free license, during the term of this Agreement, to use the Uber Carshare mobile
application, the Website, and the Uber Carshare technology that coordinates
instances where a Borrower uses the Service to reserve a Vehicle belonging to an
Owner (a “Booking”), facilitates payments, allows for remote management of the
vehicle (collectively the “Booking System”), for the purpose of accessing our
Services, making valid Bookings, car-sharing with other Users, and tracking
associated payments. Uber, its affiliates and respective licensors reserve all rights not
expressly granted in this Agreement.
7.2. You agree that you will not use Uber or its affiliates’ trademarks, service marks, or
trade dress or any similar names, marks, or trade dress, including, but not limited to
Uber Carshare, aside from use incidental to your use of the Services, without
express, written permission from Uber. This prohibition on using Uber’s Marks
includes, but is not limited to, use in domain names, websites, and social media
accounts. You will not display a ridesharing identifier (e.g., an Uber decal) on your
Vehicle.
7.3. You may not: (i) remove any copyright, trademark or other proprietary notices from
any portion of the Service, the Website, or the Booking System; (ii) reproduce,
modify, prepare derivative works based upon, distribute, license, lease, sell, resell,
transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise
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exploit the Services, the Website, or the Booking System except as expressly
permitted by Uber Carshare or it’s affiliate; (iii) decompile, reverse engineer or
disassemble the Website or the Booking System except as may be permitted by
applicable law; (iv) link to, mirror or frame any portion of the Website or the Booking
System; (v) cause or launch any programs or scripts for the purpose of unduly
burdening or hindering the operation and/or functionality of any aspect of the
Services, the Website, or the Booking System; or (vi) attempt to gain unauthorized
access to or impair any aspect of the Services, the Website, or the Booking system,
or any of its related systems or networks.
7.4. You understand and agree that Uber’s User Generated Content Terms apply to your
use of the Services. You warrant that any text, images or other content that would
constitute intellectual property of any nature that you provide to us or our affiliates
does not infringe on the intellectual property rights of any third party. You hereby
grant Uber Carshare a non-exclusive, irrevocable, worldwide, assignable,
royalty-free, sub-licensable, and perpetual license to use any text, images, or other
content that you produce or provide to Uber Carshare subject to protections of
personal information under privacy law and Uber’s Privacy Notice.
8. ASSIGNMENT, WARRANTY, LIMITATION OF LIABILITY, OTHER TERMS
8.1. You may not assign this Agreement without Uber Carshare’s prior written approval.
Uber Carshare may assign this Agreement without your consent to: (i) a subsidiary or
affiliate; (ii) an acquirer of Uber Carshare's equity, business or assets; or (iii) a
successor by business combination. Any purported assignment by you in violation of
this Section shall be void.
8.2. Invalidity of any provision of this Agreement does not affect the rest of this
Agreement. The parties shall replace the invalid or non-binding provision with
provision(s) that are valid and binding and that have, to the greatest extent possible,
a similar effect as the invalid or non-binding provision, given the contents and
purpose of this Agreement.
8.3. Other than the limited collection agent created pursuant to Sections 17.3 and 23.2 or
where this Agreement expressly states otherwise, this Agreement does not create a
relationship of employment, trust, agency or partnership between the parties.
8.4. We reserve the right, but have no obligation, to monitor or assist the resolution of
disputes between you and other Users.
8.5. WE PROVIDE OUR PLATFORM AND ANY ADDITIONAL PRODUCTS OR
SERVICES “AS IS” AND “AS AVAILABLE,” WITHOUT GUARANTEE OR
WARRANTY OF ANY KIND, AND YOUR ACCESS TO OUR PLATFORM IS NOT
GUARANTEED TO RESULT IN ANY VEHICLE SHARING REQUESTS. UBER
CARSHARE EXPLICITLY DISCLAIMS ANY WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT, AND
ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF
TRADE. WE DO NOT WARRANT THAT OUR PLATFORM OR CONTENT WILL BE
ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED,
ALWAYS AVAILABLE, OR ERROR- FREE, THAT THEY WILL MEET YOUR
REQUIREMENTS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT OUR
TECHNOLOGY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE
WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS OR LOSSES
RESULTING FROM SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED
TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT YOUR
ACCESS TO OUR PLATFORM.
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8.6. TO THE EXTENT PERMITTED BY LAW, NEITHER UBER CARSHARE NOR ANY
OF OUR VENDORS, AFFILIATES, PARTNERS, LICENSEES, AGENTS, OR
OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR
OTHERWISE MAKING AVAILABLE UBER CARSHARE WILL BE LIABLE FOR
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF REVENUE,
LOSS OF PRODUCTION, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO
GOODWILL OR REPUTATION, LOSS OF CLAIM, LOST DATA, PERSONAL
INJURY, PROPERTY OR OTHER DAMAGE, LOSSES OR OTHER COSTS
SUFFERED, INCURRED OR PAID BY YOU RELATED TO, IN CONNECTION WITH,
OR OTHERWISE RESULTING FROM ANY USE, INABILITY TO USE, OR DELAY,
REGARDLESS OF THE ACTS, ERRORS, BREACHES, WILLFUL MISCONDUCT,
OMISSIONS, NON-PERFORMANCE, MISREPRESENTATION, TORT, STRICT
LIABILITY, OR NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR
CONCURRENT) OF UBER CARSHARE OR WHOLLY OR PARTLY ATTRIBUTABLE
ANY OF OUR BUSINESS PARTNERS (INCLUDING ANY OF THEIR EMPLOYEES,
DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, SUBCONTRACTORS,
OR AFFILIATED COMPANIES) OR ANY CANCELLATIONS, OVERBOOKING,
STRIKE, FORCE MAJEURE, OR ANY OTHER EVENT BEYOND OUR CONTROL,
EVEN IF UBER CARSHARE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
8.7. YOU ASSUME EXPOSURE TO AND RISK OF ANY DAMAGE, LOSS, THEFT,
TAMPERING OR DELAY IN YOUR USE OF UBER CARSHARE.
8.8. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO
LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE
EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
OR JURISDICTIONS, UBER’S LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON UBER’S
CHOICE OF LAW PROVISION SET FORTH IN THIS AGREEMENT OR UBER’S
U.S. TERMS OF USE.
8.9. This Agreement shall be governed by and construed in accordance with the laws of
the state in which your dispute arises, without regard to the choice or conflict of law
principles of any jurisdiction, except as may be otherwise provided in the Arbitration
Agreement in Section 9. This Choice of Law provision applies only to the
interpretation of this Agreement, and these provisions shall not be interpreted as
generally extending any state’s law to you if your dispute did not arise in that state.
8.10. Any dispute, claim, or controversy arising out of or relating to incidents or accidents
resulting in personal injury (including but not limited to sexual assault or harassment
claims) that you allege occurred in connection with your use of the Services, whether
before or after the date you agreed to this Agreement, shall be governed by and
construed in accordance with the laws of the state in which the incident or accident
occurred.
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8.11. Any dispute, claim or controversy arising out of or relating to this Agreement or the
existence, breach, termination, enforcement, interpretation or validity thereof, shall be
brought exclusively in the state and federal courts of the state in which the dispute,
claim or controversy arose, notwithstanding that other courts may have jurisdiction
over the parties and subject matter, except as may be otherwise provided by the
Arbitration Agreement in Section 9.
8.12. Notwithstanding the foregoing, any dispute, claim, or controversy arising out of or
relating to incidents or accidents resulting in personal injury (including but not limited
to sexual assault or harassment claims) that you allege occurred in connection with
your use of the Services, whether before or after the date you agreed to this
Agreement, shall be brought exclusively in the state or federal courts in the state in
which the incident or accident occurred, notwithstanding that other courts may have
jurisdiction over the parties and subject matter, and except as may be otherwise
provided in the Arbitration Agreement in Section 9, to the extent permitted by law.
8.13. The foregoing Choice of Law and Choice of Forum provisions do not apply to the
Arbitration Agreement in Section 9, and we refer you to Section 9 for the applicable
provisions for such disputes.
9. ARBITRATION AGREEMENT
9.1. By agreeing to this Agreement, you agree that you are required to resolve any claim
that you may have against Uber on an individual basis in arbitration as set forth in this
Arbitration Agreement, and not as a class, collective, coordinated, consolidated,
mass and/or representative action. You and Uber are each waiving your right to a trial
by jury. This Arbitration Agreement will preclude you from bringing any class,
collective, coordinated, consolidated, mass and/or representative action against Uber,
and also preclude you from participating in or recovering relief in any current or future
class, collective, coordinated, consolidated, mass and/or representative action
brought against Uber by someone else—except as provided below in Section 9.2.4.
Thus, the parties agree that the Arbitrator shall not conduct any form of class,
collective, coordinated, consolidated, mass and/or representative arbitration, nor join,
coordinate, or consolidate claims of multiple individuals against Uber in a single
proceeding—except as provided below in Section 9.2.4. For the avoidance of doubt,
except as provided below in Section 9.2.4, this Arbitration Agreement precludes you
from bringing or participating in any kind of class, collective, coordinated,
consolidated, mass and/or representative or other kind of group, multi-plaintiff or joint
action against Uber, other than participating in a classwide, collective, coordinated,
consolidated, mass and/or representative settlement of claims.
9.2. Agreement to Binding Arbitration Between You and Uber.
9.2.1. Covered Disputes: Except as expressly provided below in Section 9.2.3, you
and Uber agree that any dispute, claim, or controversy in any way arising out
of or relating to (i) this Agreement and prior versions of this Agreement, or the
existence, breach, termination, enforcement, interpretation, scope, waiver, or
validity thereof; (ii) your access to or use of the Services at any time; (iii)
incidents or accidents resulting in personal injury to you or anyone else that
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you allege occurred in connection with your use of the Services (including, but
not limited to, your use of the Uber Marketplace Platform, the Website, or the
Uber Carshare Owner App), regardless whether the dispute, claim, or
controversy occurred or accrued before or after the date you agreed to this
Agreement, and regardless whether you allege that the personal injury was
experienced by you or anyone else; and (iv) your relationship with Uber, will
be settled by binding individual arbitration between you and Uber, and not in a
court of law. This Arbitration Agreement survives after your relationship with
Uber ends.
9.2.2. Class Action Waiver: Any and all disputes, claims, or controversies between
the parties shall be resolved only in individual arbitration. The parties
expressly waive the right to have any dispute, claim, or controversy brought,
heard, administered, resolved, or arbitrated as a class, collective, coordinated,
consolidated, and/or representative action, and neither an arbitrator nor an
arbitration provider shall have any authority to hear, arbitrate, or administer
any class, collective, coordinated, consolidated, and/or representative action,
or to award relief to anyone but the individual in arbitration. The parties also
expressly waive the right to seek, recover, or obtain any non-individual relief.
Notwithstanding anything else in this agreement, this Class Action Waiver
does not prevent you or Uber from participating in a classwide, collective,
and/or representative settlement of claims.
9.2.2.1. The parties further agree that if for any reason a claim does not
proceed in arbitration, this Class Action Waiver shall remain in effect,
and a court may not preside over any action joining, coordinating, or
consolidating the claims of multiple individuals against Uber in a single
proceeding, except that this Class Action Waiver shall not prevent you
or Uber from participating in a classwide, collective, and/or
representative settlement of claims. If there is a final judicial
determination that any portion of this Class Action Waiver is
unenforceable or unlawful for any reason, (i) any class, collective,
coordinated, consolidated, and/or representative claims subject to the
unenforceable or unlawful portion(s) shall proceed in a court of
competent jurisdiction; (ii) the portion of the Class Action Waiver that is
enforceable shall be enforced in arbitration; (iii) the unenforceable or
unlawful portion(s) shall be severed from this Arbitration Agreement;
and (iv) severance of the unenforceable or unlawful portion(s) shall
have no impact whatsoever on the enforceability, applicability, or
validity of the Arbitration Agreement or the arbitrability of any
remaining claims asserted by you or Uber.
9.2.3. Mass Actions:
9.2.3.1. Mass Action Waiver: Any and all disputes, claims, or controversies
between the parties shall be resolved only in individual arbitration. The
parties expressly waive the right to have any dispute, claim, or
controversy brought, heard, administered, resolved, or arbitrated as a
mass action, and neither an arbitrator nor an arbitration provider shall
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have any authority to hear, arbitrate, or administer any mass action or
to award relief to anyone but the individual in arbitration—except as
provided below in Section 9.4. The parties also expressly waive the
right to seek, recover, or obtain any non-individual relief. The parties
agree that the definition of a “Mass Action” includes, but is not limited
to, instances in which you or Uber are represented by a law firm or
collection of law firms that has filed 50 or more arbitration demands of
a substantially similar nature against the other party within 180 days of
the arbitration demand filed on your or Uber behalf, and the law firm or
collection of law firms seeks to simultaneously or collectively
administer and/or arbitrate all the arbitration demands in the
aggregate. Notwithstanding anything else in this agreement, this Mass
Action Waiver does not prevent you or Uber from participating in a
mass settlement of claims.
9.2.3.2. Dispute Procedure: Notwithstanding any provision to the contrary in
the applicable arbitration provider’s rules, the arbitrator shall be
empowered to determine whether the party bringing any claim has
filed a Mass Action in violation of the Mass Action Waiver. Either party
shall raise with the arbitrator or arbitration provider such a dispute
within 15 days of its arising. If such a dispute arises before an
arbitrator has been appointed, the parties agree that (i) a panel of
three arbitrators shall be appointed to resolve only disputes
concerning whether the party bringing any claim has filed a Mass
Action in violation of the Mass Action Waiver. Each party shall select
one arbitrator from the arbitration provider’s roster to serve as a
neutral arbitrator, and these arbitrators shall appoint a third neutral
arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator,
the arbitration provider will select the third arbitrator; (ii) Uber shall pay
any administrative fees or costs incidental to the appointment of
Arbitrators under this provision, as well as any fees or costs that would
not be incurred in a court proceeding, such as payment of the fees of
the arbitrators, as well as room rental; (iii) the arbitrators shall issue a
written decision with findings of fact and conclusions of law; and (iv)
any further arbitration proceedings or assessment of arbitration-related
fees shall be stayed pending the arbitrators’ resolution of the parties’
dispute. If the arbitrator or panel of arbitrators determines that you
have violated the Mass Action Waiver, the parties shall have the
opportunity to opt out of arbitration within 30 days of the arbitrator’s or
panel of arbitrator’s decision. You may opt out of arbitration by
providing written notice of your intention to opt out to the arbitration
provider and to Uber Technologies, Inc., Attn: Legal Department, 1515
3rd Street, San Francisco, CA 94158 via USPS Priority Mail or hand
delivery. This written notice must be signed by you, and not any
attorney, agent, or other representative of yours. Uber may opt out of
arbitration by sending written notice of its intention to opt out to the
arbitration provider and to you or your attorney, agent, or
representative if you are represented. For the avoidance of doubt, the
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ability to opt out of arbitration described in this Section only applies if
the arbitrator or panel of arbitrators determines that you have violated
the Mass Action Waiver. If the parties proceed with arbitration, the
parties agree that arbitrations will be batched as provided in Section
9.4 below.
9.2.4. Batching:
9.2.4.1. To increase efficiency of resolution in the event a Mass Action is filed
and neither party exercises its right to opt out of arbitration pursuant to
Section 9.3.2 above, the following procedure shall apply. At the
request of either party, an arbitrator shall be selected according to the
applicable arbitration provider’s rules to act as a special master
(“Special Master”) to resolve threshold disputes regarding the propriety
of some or all the arbitration demands submitted in the Mass Action
(“Mass Arbitration Demands”). These threshold disputes may include,
but are not limited to:
9.2.4.2. Any dispute regarding filing fees owed with respect to the Mass
Arbitration Demands, including whether claimants have submitted
valid fee waivers;
9.2.4.3. Any dispute regarding whether the applicable arbitration provider has
complied with the Arbitration Agreement with respect to processing
and administering the Mass Arbitration Demands;
9.2.4.4. Any dispute regarding whether the Mass Arbitration Demands meet
the requirements set forth in Section 9.2.9 below;
9.2.4.5. Whether claimants are barred from proceeding with their claims based
on a prior settlement agreement, violation of this Agreement, or
expiration of the statute of limitations;
9.2.4.6. Any dispute relating to representation of the same claimant by multiple
law firms;
9.2.4.7. Any dispute regarding whether the Mass Arbitration Demands were
filed with the correct arbitration provider;
9.2.4.8. Any dispute regarding discovery common to all claims; and
9.2.4.9. Any disputes regarding legal or factual issues common to all claims.
9.2.4.10. Any such request shall be made within 15 days following the expiration
of the opt-out period described in Section 9.3.2, and may be made by
providing written notice to the arbitration provider. Upon the request of
either party to appoint a Special Master to resolve the foregoing
issues, the applicable arbitration provider shall refrain from further
processing any of the Mass Arbitration Demands to which a dispute
has been raised. No further payment for filing fees, administrative
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costs, or arbitrator fees shall be deemed due with respect to any of the
Mass Arbitration Demands as to which a dispute has been raised until
after the dispute(s) has/have been resolved by the Special Master.
Uber shall be responsible for the applicable arbitration provider’s and
Special Master’s fees and costs related to the proceedings before the
Special Master.
9.2.4.11. A Special Master appointed pursuant to this procedure shall have no
authority to consolidate cases.
9.2.4.12. After proceedings before the Special Master have concluded, to the
extent any of the Mass Arbitration Demands are permitted to proceed,
the parties shall group the Mass Arbitration Demands into batches of
no more than 100 demands per batch by state of residence, and then
alphabetically by last name (plus, to the extent there are less than 100
arbitration demands left over after the batching described above, a
final batch consisting of the remaining demands), and shall inform the
arbitration provider of the batches and their compositions within 14
days of the conclusion of proceedings before the Special Master. The
arbitration provider shall treat each batch of claims as one case, with
each case having one demand for arbitration, one appointed arbitrator,
and one set of administrative documents and administrative and filing
fees per batch. The parties shall randomly assign sequential numbers
to each batch, and only one batch shall proceed to arbitration at a time
in the order of the random sequential numbers. A separate arbitrator
will be appointed to, and administrative and filing fees assessed for,
each batch as the batch proceeds to arbitration. You agree to
cooperate in good faith with Uber and the arbitration provider to
implement such a batch approach to resolution and fees. Nothing in
this provision shall be construed as limiting the right to object that the
filing or presentation of multiple arbitration demands by or with the
assistance of the same law firm or organization violates any term of
this Agreement.
9.2.4.13. If any Mass Arbitration Demands were originally processed as
individual arbitration demands before this batching procedure was
commenced, further proceedings, including the assessment of further
arbitration filing or administration fees to either party shall be governed
by the procedures set forth in this Section 9.3.
9.2.5. Delegation Clause: Only an arbitrator, and not any federal, state, or local court
or agency, shall have exclusive authority to resolve any dispute arising out of
or relating to the interpretation, applicability, enforceability, or formation of this
Arbitration Agreement, including without limitation any claim that all or any
part of this Arbitration Agreement is void or voidable. An arbitrator shall also
have exclusive authority to resolve all threshold arbitrability issues, including
issues relating to whether the terms of the Agreement are applicable,
unconscionable, or illusory and any defense to arbitration, including without
limitation waiver, delay, laches, or estoppel. However, only a court of
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competent jurisdiction, and not an arbitrator, shall have the exclusive authority
to resolve any and all disputes arising out of or relating to the Class Action
Waiver and Mass Action Waiver, including, but not limited to, any claim that all
or part of the Class Action Waiver and/or Mass Action Waiver is
unenforceable, unconscionable, illegal, void, or voidable—except that, as
stated and pursuant to the procedures provided in Section 9.2.3.2, an
arbitrator or panel of arbitrators shall have authority to determine whether the
party bringing any claim has violated the Mass Action Waiver.
9.2.6. Application to Third Parties: This Arbitration Agreement shall be binding upon,
and shall include any claims brought by or against any third parties, including
but not limited to your spouses, heirs, third-party beneficiaries and assigns,
where their underlying claims arise out of or relate to your use of the Services.
To the extent that any third-party beneficiary to this agreement brings claims
against the Parties, those claims shall also be subject to this Arbitration
Agreement.
9.2.7. Exceptions to Arbitration:
9.2.7.1. Notwithstanding the foregoing, this Arbitration Agreement shall not
require arbitration of the following claims: (i) individual claims brought
in small claims court so long as the matter remains in such court and
advances only on an individual basis; (ii) individual claims of sexual
assault or sexual harassment occurring in connection with your use of
the Services; and/or (iii) injunctive or other equitable relief in a court of
competent jurisdiction to prevent the actual or threatened infringement,
misappropriation, or violation of a party’s copyrights, trademarks, trade
secrets, patents, or other intellectual property rights.
9.2.7.2. Such claims may be brought and litigated in a court of competent
jurisdiction by you on an individual basis only. On an individual basis
means that you cannot bring such claims as a class, collective,
coordinated, consolidated, mass and/or representative action against
Uber. For the avoidance of doubt, this precludes you from bringing
claims as or participating in any kind of any class, collective,
coordinated, consolidated, mass and/or representative or other kind of
group, multi-plaintiff or joint action against Uber and no action brought
by you may be consolidated or joined in any fashion with any other
proceeding. Where your claims are brought and litigated to completion
on such an individual basis in a court of competent jurisdiction, Uber
agrees to honor your election.
9.2.7.3. The parties’ agreement not to require arbitration in these limited
instances does not waive the enforceability of this Arbitration
Agreement as to any other provision (including, but not limited to, the
waivers provided for in Section 9.2, which will continue to apply in
court as well as in arbitration), or the enforceability of this Arbitration
Agreement as to any other controversy, claim, or dispute.
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9.2.8. Rules and Governing Law:
9.2.8.1. For disputes arising in California, the arbitration will be administered
by ADR Services, Inc. (“ADR”) in accordance with ADR’s Arbitration
Rules (the “ADR Rules”) in effect at the time that the claim is brought,
unless the parties agree otherwise in writing. The ADR Rules are
available at www.adrservices.com or by searching for “ADR Arbitration
Rules” using a service such as www.google.com or www.bing.com.
The arbitration shall be heard by one arbitrator (the “Arbitrator”)
selected in accordance with the ADR Rules.
9.2.8.2. For disputes arising outside of California (or for disputes arising in
California only if ADR cannot or will not administer the arbitration), the
parties shall be required to meet and confer to select a neutral
arbitration provider. Such an arbitration provider shall have operations
in the state in which the dispute arises. If the parties are unable to
mutually agree upon an arbitration provider, then either party may
invoke 9 U.S.C. § 5 to request that a court of competent jurisdiction
appoint an arbitration provider with operations in the state in which the
dispute arises. Any arbitration provider appointed by a court under 9
U.S.C. § 5 shall conduct arbitration solely on an individualized basis as
set forth in this Section 9. Once the parties mutually agree upon a
neutral arbitration provider, or an arbitrator provider is appointed under
9 U.S.C. § 5, the ensuing arbitration shall commence pursuant to the
rules of the designated arbitration provider, except as designated
herein. Once an arbitration provider is agreed upon or appointed, an
Arbitrator shall be appointed. The Arbitrator will be either (1) a retired
judge or (2) an attorney licensed to practice law in the state where the
arbitration is conducted with experience in the law underlying the
dispute. The Arbitrator will be selected by the parties from the
applicable arbitration provider’s roster of arbitrators. If the parties are
unable to agree upon an Arbitrator after a good faith meet and confer
effort, then the applicable arbitration provider will appoint the Arbitrator
in accordance with its rules.
9.2.8.3. Notwithstanding any choice of law or other provision in this
Agreement, the parties agree and acknowledge that this Arbitration
Agreement evidences a transaction involving interstate commerce and
that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will
govern its interpretation and enforcement and proceedings pursuant
thereto. It is the intent of the parties to be bound by the provisions of
the FAA for all purposes, including, but not limited to, interpretation,
implementation, enforcement, and administration of this Arbitration
Agreement, and that the FAA and the applicable arbitration provider’s
rules shall preempt all state laws to the fullest extent permitted by law.
All statutes of limitations that would otherwise be applicable will apply
to any arbitration proceeding. If the FAA and applicable arbitration
provider’s rules are found to not apply to any issue regarding the
interpretation or enforcement of this Arbitration Agreement, then that
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issue shall be resolved under the laws of the state where you reside
when you accept this Agreement.
9.2.8.4. Any dispute, claim, or controversy arising out of or relating to incidents
or accidents resulting in personal injury (including but not limited to
sexual assault or harassment claims) that you allege occurred in
connection with your use of the Services, whether before or after the
date you agreed to the Agreement, shall be governed by and
construed in accordance with the laws of the state in which the
incident or accident occurred.
9.2.9. Process:
9.2.9.1. Pre-Arbitration Dispute Resolution and Notification. The parties agree
that good-faith informal efforts to resolve disputes often can result in a
prompt, low-cost, and mutually beneficial outcome. The parties
therefore agree that, before either party demands arbitration against
the other, we will personally meet and confer, via telephone or
videoconference, in a good-faith effort to resolve informally any claim
covered by this Arbitration Agreement. Multiple individuals initiating
claims cannot participate in the same informal telephonic dispute
resolution conference. If you are represented by counsel, your counsel
may participate in the conference, but you shall also fully participate in
the conference. The party initiating the claim must give notice to the
other party in writing of their intent to initiate an informal dispute
resolution conference, which shall occur within 60 days after the other
party receives such notice, unless an extension is mutually agreed
upon by the parties. To notify Uber that you intend to initiate an
informal dispute resolution conference, write to Uber Technologies,
Inc., Attn: Legal Department, 1515 3rd Street, San Francisco, CA
94158, providing your name, the telephone number(s) associated with
your Uber account (if any), the email address(es) associated with your
Uber account, and a description of your claim. Engaging in an informal
dispute resolution conference is a condition precedent that must be
fulfilled before commencing arbitration, and the Arbitrator shall dismiss
any arbitration demand filed before completion of an informal dispute
resolution conference. The statute of limitations and any filing fee
deadlines shall be tolled while the parties engage in the informal
dispute resolution process required by this paragraph.
9.2.10. Initiating Arbitration. In order to initiate arbitration following the conclusion of
the informal dispute resolution process required by this Section, a party must
provide the other party with a written demand for arbitration and file the
demand with the applicable arbitration provider, as determined by Section
9.2.8. A party initiating an arbitration against Uber must send the written
demand for arbitration to Uber Technologies, Inc., LLC, Attn: Legal
Department, 1515 3rd Street, San Francisco, CA 94158, or serve the Demand
on Uber’s registered agent for service of process, c/o Uber Technologies, Inc.
(the name and current contact information for the registered agent in each
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state are available online here). Additionally, a party initiating arbitration
against Uber must send an electronic version of the demand for arbitration to
the Arbitration Provider, and must send an electronic version of the as-filed
demand to filed-arbitration-demands@uber.com.
9.2.11. By signing the demand for arbitration, counsel certifies to the best of counsel’s
knowledge, information, and belief, formed after an inquiry reasonable under
the circumstances, that (i) the demand for arbitration is not being presented
for any improper purpose, such as to harass, cause unnecessary delay, or
needlessly increase the cost of dispute resolution; (ii) the claims and other
legal contentions are warranted by existing law or by a nonfrivolous argument
for extending, modifying, or reversing existing law or for establishing new law;
and (iii) the factual contentions have evidentiary support or, if specifically so
identified, will likely have evidentiary support after a reasonable opportunity
for further investigation or discovery. The Arbitrator shall be authorized to
afford any relief or impose any sanctions available under Federal Rule of Civil
Procedure 11 or any applicable state law for either party’s violation of this
requirement.
9.2.12. Location:
9.2.12.1. Unless you and Uber otherwise agree, if you reside in the United
States, the arbitration will be conducted in the county where you
reside. If you do not reside in the United States, the arbitration will be
conducted in the county where the dispute arises. Your right to a
hearing will be determined by the applicable arbitration provider’s
rules. Subject to the applicable arbitration provider’s rules, the
Arbitrator will have the discretion to direct a reasonable exchange of
information by the parties, consistent with the expedited nature of the
arbitration.
9.2.13. Offers of Judgment:
9.2.13.1. At least 10 days before the date set for the arbitration hearing, any
party may serve an offer in writing upon the other party to allow
judgment on specified terms. If the offer is accepted, the offer with
proof of acceptance shall be submitted to the arbitrator, who shall
enter judgment accordingly. If the offer is not accepted prior to the
arbitration hearing or within 30 days after it is made, whichever occurs
first, it shall be deemed withdrawn, and cannot be given in evidence
upon the arbitration. If an offer made by one party is not accepted by
the other party, and the other party fails to obtain a more favorable
award, the other party shall not recover their post-offer costs and shall
pay the offering party’s costs from the time of the offer.
9.2.14. Arbitrator’s Decision:
9.2.14.1. The Arbitrator will render an award within the time frame specified in
the applicable arbitration provider’s rules. Judgment on the arbitration
award may be entered in any court of competent jurisdiction. The
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Arbitrator may award declaratory or injunctive relief only in favor of the
claimant and only to the extent necessary to provide relief warranted
by the claimant’s individual claim. An Arbitrator’s decision shall be final
and binding on all parties.
9.2.14.2. The Arbitrator is not bound by decisions reached in separate
arbitrations, and the Arbitrator’s decision shall be binding only upon
the parties to the arbitration that are the subject of the decision.
9.2.14.3. The Arbitrator shall award reasonable costs incurred in the arbitration
to the prevailing party in accordance with the law(s) of the state in
which arbitration is held.
9.2.15. Fees:
9.2.15.1. With the exception of the provisions governing payment of arbitration
costs set forth above, your responsibility to pay any filing,
administrative, and arbitrator fees will be solely as set forth in the
applicable arbitration provider’s rules and shall be up to the amount
you would be required to pay if you filed a claim in court.
9.2.15.2. If you have a gross monthly income of less than 300% of the federal
poverty guidelines, you are entitled to a waiver of arbitration fees and
costs, exclusive of arbitrator fees. If you believe that you meet the
requirements to obtain a fee waiver, and your demand for arbitration
arises outside of California, then you may request a fee waiver only by
submitting to the arbitration provider AO 240, Application to Proceed in
District Court Without Prepaying Fees or Costs (found here), or a
declaration under oath containing all the information required by AO
240; if your demand for arbitration arises in California, then you must
submit a declaration under oath providing your monthly income and
the number of persons in your household.
9.2.15.3. Any and all disputes regarding a party’s obligation to pay any
arbitration fees or costs that arise after an arbitrator is appointed shall
be determined solely by the arbitrator. If such a dispute arises before
an arbitrator has been appointed, and if no Special Master has been
requested by either party pursuant to Section 9.2.4.1 of this
Agreement, the parties agree that (i) the due date for any disputed
fees shall be stayed pending resolution of the parties’ dispute, (ii) a
panel of three arbitrators shall be appointed to resolve the parties’
dispute concerning a party’s obligation to pay fees or costs of
arbitration, (iii) the panel of arbitrators shall be appointed by each party
selecting one arbitrator from the arbitration provider’s roster to serve
as neutral arbitrators, and these arbitrators shall appoint a third neutral
arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator,
the arbitration administrator will select the third arbitrator, (iv) Uber
shall pay any administrative fees or costs incidental to the appointment
of a panel of arbitrators under this provision, as well as any fees or
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costs that would not be incurred in a court proceeding, such as
payment of the fees of the arbitrator(s), as well as room rental, and (v)
the arbitrator(s) shall issue a written decision with findings of fact and
conclusions of law. If two or more fee disputes between a claimant and
Uber arise at or around the same time, the disputes may be
consolidated for resolution by a single arbitrator or panel of arbitrators
either at the agreement of the parties or the election of the party
common to all such disputes.
9.2.16. Severability and Survival:
9.2.16.1. If any portion of this Arbitration Agreement is found to be
unenforceable or unlawful for any reason, (i) the unenforceable or
unlawful provision shall be severed from the Agreement; (ii) severance
of the unenforceable or unlawful provision shall have no impact
whatsoever on the remainder of the Arbitration Agreement or the
parties’ ability to compel arbitration of any remaining claims on an
individual basis pursuant to the Arbitration Agreement; and (iii) to the
extent that any claims must therefore proceed on a class, collective,
consolidated, or representative basis, such claims must be litigated in
a civil court of competent jurisdiction and not in arbitration, and the
parties agree that litigation of those claims shall be stayed pending the
outcome of any individual claims in arbitration.
BORROWER TERMS
10. BORROWER GENERAL TERMS; LIABILITY; INDEMNIFICATION
10.1. If you are a Borrower, then in addition to Sections 1 – 9, Sections 10 – 17 apply to
your use of the Services.
10.2. A profile for you will be created using the information that you provide (a “Borrower
Profile). Some information from your Borrower Profile, such as your profile photo, first
name, contact details and reviews, may be made available to other Users if you make
a Booking for their Vehicle. You are responsible for maintaining the currency of your
own Borrower Profile on the Website. You must ensure that any information posted in
your Borrower Profile is correct, complete and not misleading.
10.3. ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND
INDEMNITY.
10.3.1. IF YOU CHOOSE TO USE THE SERVICES, OR MAKE A BOOKING, YOU
DO SO AT YOUR OWN RISK. WE ARE NOT LIABLE AND YOU WAIVE,
RELEASE, AND FOREVER DISCHARGE US AND ANY OF OUR
AFFILIATES FROM ANY AND ALL CLAIMS, LIABILITIES OF EVERY KIND,
DEMANDS, DAMAGES (INCLUDING WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE), LOSSES
AND CAUSES OF ACTION (WHETHER KNOWN, UNKNOWN, ASSERTED,
UNASSERTED, FIXED, CONDITIONAL, OR CONTINGENT), OF ANY KIND
OR NATURE (INCLUDING WITHOUT LIMITATION, THOSE BASED IN
CONTRACT, TORT, STATUTORY, OR OTHER GROUNDS), WHICH YOU
HAVE OR MAY HAVE HAVE IN THE FUTURE, INCLUDING COURT COSTS,
ATTORNEYS’ FEES AND LITIGATION EXPENSES THAT MAY ARISE OUT
17
OF, OR RESULT FROM THE USE OF THE SERVICES, YOUR
BORROWING OR USE OF A VEHICLE, OR YOUR USE OF ANY CAR SEAT,
ROOF RACK, BICYCLE RACK, OR OTHER EQUIPMENT PROVIDED BY
AN OWNER.
10.3.2. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD
HARMLESS UBER CARSHARE AND ANY OF OUR AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS from any and all
claims, demands, losses, liabilities, and expenses (including attorneys' fees),
arising out of or in connection with: (i) your use or reliance on the Uber
Carshare platform or any Services; (ii) your use of Vehicles or your use of any
optional Vehicle features (including, but not limited to, car seats, roof or
bicycle racks); (iii) your violation of any law, rule, or regulation of the United
States or any other country; (iv) your interaction with other Users of the
Services; (v) your breach or violation of this Agreement; (v) Uber Carshare’s
use or reliance on any user content, photographs, or other information you
provide; or (vi) your violation of the rights of any third party.
11. LIABILITY FOR DAMAGE AND LOSS
11.1. If you are a borrower, Vehicle Protection applies to your use of a Vehicle, and forms
part of and is governed by the terms of these Terms of Service. It is not an insurance
policy, but contractually limits your liability for damage to the Vehicle.
11.2. If you Borrow a Vehicle, you must return it to the Owner in the same condition that it
was in at the start of the Booking.
11.3. Subject to the terms of Vehicle Protection that limit your contractual liability,
Borrowers are responsible for all damage to the Vehicle that requires repair or
replacement (excluding Wear and Tear); loss arising from theft of the Vehicle or fire
damage to the Vehicle; towing, storage and recovery charges; fees and charges
relating to the assessment or quantification of the loss or damage; and third party
loss, including any applicable taxes (“Damage and Loss”) that occurs while you have
are deemed to have possession of the Vehicle (regardless of whether you caused
that Damage and Loss) and for related costs and fees as set out in the Damage
Policy and Fee Schedule.
11.4. If you Borrow a Vehicle, you must follow the requirements of the Damage Policy.
Failure to do so may mean that you will be deemed under the Damage Policy to have
caused, and be liable to the Owner and us for, any Damage and Loss or untidiness to
the Vehicle, even if that Damage and Loss or untidiness may have occurred before or
after you took possession of the Vehicle.
11.5. You acknowledge and agree that this system of recording the condition of shared
Vehicles and attributing responsibility for damage is a reasonable and necessary
condition of your participation in the Service. You agree that it is your responsibility to
prove that the Vehicle was not damaged whilst in your possession, and not the
Owner’s or our responsibility to prove that it was damaged whilst in your possession.
11.6. As a Borrower, you agree that any personal automobile insurance you maintain will
be the primary insurance and that any coverage provided through Uber Carshare will
be in excess of your personal automobile insurance.
11.7. Subject to the terms of Vehicle Protection:
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11.7.1. If Damage and Loss occurs during a Borrower’s possession of the Vehicle,
then, in respect of each single event where Damage and Loss occurs at the
same address and time (“Event”), the Borrower is liable to the Owner for, and
will be charged:
11.7.1.1. a loss-of-use payment to the Owner for each day that their car is
unavailable, calculated on the basis set out in the Damage Policy; and
11.7.1.2. other losses or expenses related to the accident, for each single
Event.
11.7.2. If Damage and Loss is identified or reported to us in connection with your
possession of the Vehicle, we may charge your payment method for the
amount that we estimate, in good faith, will be sufficient to cover the amount
you must pay if you are responsible for Damage and Loss (“Damage and
Loss Liability”).
11.8. You will receive information regarding auto liability insurance that is provided to you
as part of the Service. To receive the benefit of any applicable coverage available
under the insurance, you must make a claim in accordance with the terms of that
insurance, beginning with providing notice of the incident via the Website.
11.8.1. If your claim under the auto liability insurance policy is approved, you will only
be required to pay the amount of any Damage and Loss Liability for third party
damage not indemnified under the auto liability insurance policy.
11.8.2. If you fail to make a claim under the auto liability insurance policy within three
(3) business days of Damage and Loss being reported to us, then you
authorize us to make a claim in your name.
11.8.3. If your claim under the auto liability insurance policy is denied, we will charge
your payment method for the full amount of your Damage and Loss Liability
amount for third party liability. You will be promptly notified of the details of the
Damage and Loss and the amount to be charged.
11.8.4. If you are required to pay the full amount for your Damage and Loss Liability
and you dispute the Damage and Loss Liability or the amount charged, you
must still pay the amount determined and contact us.
11.9. You may also have protection under your Vehicle Protection Plan (Basic or Premium
Cover) for damage to the Vehicle:
11.9.1. you must make a claim in accordance with the terms of the Vehicle Protection
Plan.
11.9.2. If your claim for protection under Vehicle Protection is approved, you will only
be required to pay the amount of any deductible stipulated in your Vehicle
Protection Plan. The amount of your deductible will be charged to your
payment method.
11.9.3. If the claim under Vehicle Protection is denied, we will charge your payment
method for the full amount of your Damage and Loss Liability amount. You will
be promptly notified of the details of the Damage and Loss and the amount to
be charged.
11.9.4. If you are required to pay the full amount for your Damage and Loss Liability
and you dispute the Damage and Loss Liability or the amount charged, you
must still pay the amount determined and contact us. We will address or
19
assist you to resolve the dispute. If the dispute is resolved in your favour, we
will return the disputed amount to you.
12. BORROWER ELIGIBILITY AND USE OF VEHICLES
12.1. To use the Services and borrow a Vehicle, you must meet the following driving history
standards:
12.1.1. have no major moving or traffic offenses or violations (including, but not
limited to, offenses related to driving without a valid license) in the last three
years; and
12.1.2. have no more than three minor moving offenses or accidents in the last three
years; and
12.1.3. have no alcohol/drug related driving violations, restrictions, suspensions, or
incidents in the past 7 years; and
12.1.4. hold a valid, permanent drivers license free of restrictions that would prevent
you from operating a Vehicle.
12.1.5. You must inform us immediately if any of your driving history details change
during the course of your use of the Uber Carshare platform, including (but
not limited to) any vehicular accidents that you are involved in.
12.2. At Uber Carshare’s sole discretion, you may be required to submit to a driving record
check prior to borrowing a Vehicle through Uber Carshare. These checks may be
facilitated by third parties. You hereby authorize and instruct Uber Carshare to obtain
these records about you and provide copies of such checks to insurance companies,
relevant regulators and/or other governmental authorities as needed for safety or
other reasons, as described in the Privacy Notice.
12.3. You must: (i) confirm the beginning and end times of any Booking that you make
before you begin using a Vehicle; (ii) only use another User’s Vehicle during the
period for which you have a confirmed Booking; (iii) pay the Booking fee and any fees
set out in the Fee Schedule in connection with your Booking (even if you collect the
Vehicle after the start of the Booking Period, return it before the end of the Booking
Period, or do not use it at all during the Booking Period) (iv) pay the charges set out
in the Fee Schedule if you use the Vehicle outside of the period for which you have
Booked the Vehicle or fail to return the Vehicle and its key to the proper location at
the agreed time.
12.4. Uber Carshare may cancel a Booking at any time for any reason.
12.5. At the start of a Booking Period, and before driving the Vehicle, you must: (i) check
that the fuel gauge shows at least ¼ full (and, if it is not, take a photo of the fuel
gauge and submit it to us by email or through the Website; (ii) follow any instructions
given on the Website or by email; (iii) take photographs that clearly show all exterior
surfaces of the Vehicle (and upload these photos in accordance with the Damage
Policy).
12.6. As a Borrower:
12.6.1. you must not attempt to access a Vehicle without a valid Booking for that
Vehicle; and
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12.6.2. You MUST NOT permit any person other than an Authorized Driver, as
defined in the Vehicle Protection Plan, to drive a Vehicle that you have
booked. Allowing unauthorized Users to operate the Vehicle will void your
protection plan and result in you losing access to the Uber Carshare platform.
12.7. You must not operate the Vehicle if your driver license has expired, has been
suspended or is of a class or category that does not permit you to drive the Vehicle.
12.8. You must not tamper or interfere with any digital lockbox device that holds the car
keys, the global positioning system technology and other peripheral equipment
installed in a Vehicle to enable it to participate in the Service (“Lockbox System”)
and must not permit or allow any other person to do so.
12.9. You must not use or allow any other person to operate a Vehicle in any manner
excluded by Section 6 of the Vehicle Protection Plan.
12.10. You agree not to collect or return a Vehicle to or from any airport. You also agree not
to take the Vehicle outside of the United States and Canada.
12.11. You agree not to allow any animals to enter a Vehicle that is not designated
pet-friendly, or carry an animal in a pet-friendly car without an appropriate carrier.
Service animals are exempt from this policy.
12.12. For each Booking you make for a Vehicle equipped with a Lockbox System (an
“Instant Keys Vehicle”), you will be issued with a PIN that enables you to access the
keys from the Lockbox System, or enable you to unlock the Vehicle using your
phone. Throughout the booking period, you must keep the PIN and keys secure and
not allow any person other than an authorized Borrower to access the Vehicle without
Uber Carshare’s written consent.
12.13. USE OF OPTIONAL EQUIPMENT. If you choose to use an optional feature provided
by an Owner (including, but not limited to, a car seat, roof, or bicycle rack), you are
solely responsible for your use of such features. If you choose to use a car seat, you
are responsible for examining the car seat for proper installation and for properly
securing the child in the car seat’s harness straps.
13. ACCIDENTS, THEFT AND BREAKDOWNS
13.1. If you are a Borrower and a Vehicle breaks down or is involved in an accident or is
stolen during your Booking Period, you must follow the reporting, claims processing,
and repair procedure set out in the Damage Policy and this Section.
13.2. You must report any accident or theft to us within 48 hours after the accident or theft
occurs, even if you are not sure whether the Vehicle or other property was damaged.
Reports should be made through the Help Center on the Website. You must also
provide all information reasonably requested concerning the accident or theft within
48 hours of any request, and deliver a correctly completed collision or damage report
form, including any police witness statements or reports, to us within 48 hours after
the accident or theft.
13.3. You agree to assist us in respect of any claim or action brought in respect to any
accident or theft of the Vehicle
13.4. If you become aware of any mechanical fault with the Vehicle, you must as soon as
practicable stop driving, park the Vehicle where safe to do so and contact us or the
24/7 Roadside Assistance service (“Roadside Assistance”). You must not resume
driving the Vehicle unless directed to do so by the Owner of the Vehicle, or the
Roadside Assistance service. If there is a dispute between a Borrower and the Owner
as to whether Damage and Loss was caused by the Borrower’s failure to properly
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attend to warning lights or by an underlying mechanical issue, we may (but are not
obliged to) assist with investigating the cause of the issue, and allocate the costs of
such investigation, in accordance with the Damage Policy.
13.5. If a Vehicle suffers a mechanical fault or breakdown while you are driving it, you
must: (i) report it to us by phone and also call the Roadside Assistance provider; and
(ii) wait at a safe location at or near the Vehicle until Roadside Assistance attends the
Vehicle.
13.6. If there is a mechanical issue at the start of a Booking, you must report the issue to
us.
13.7. You must not attempt to jump start the Vehicle or use the Vehicle to jump start any
other vehicle.
13.8. If you require Roadside Assistance due to any accident or other incident, other than a
fault or defect that existed prior to a Booking, you will be responsible for any charges
as set out in the Fee Schedule.
13.9. If the Vehicle needs to be towed, you are responsible for the towing costs if it results
in any damage to the Vehicle or otherwise occurs as a result of your actions during a
Booking. In any case where you travel further than 300 miles from the Vehicle’s
Booking location without the express permission of the Owner and us, in which case
the Borrower will be responsible for the cost of towing, regardless of fault.
13.10. The Borrower is responsible for returning the Vehicle to its Booking location following
any tow.
13.11. Neither we nor the Vehicle’s Owner will provide any compensation or reimbursement
for costs or losses you incur as a result of a Vehicle being inoperable or unavailable
for any reason.
14. REFUELLING
14.1. If the Vehicle needs fuel during your trip or in order to return the Vehicle with the fuel
tank at least ¼ full, you must pay for the fuel and then seek reimbursement by
uploading or emailing us a valid invoice for the fuel purchase. We will charge the
Owner and pass the reimbursement through to you. If you do not submit a valid
invoice within forty-five days of the date of the fuel purchase, then we will not charge
the Owner and reimburse you.
14.2. You must fill the fuel tank with the fuel specified in the Owner’s instructions. You will
be fully liable to the Owner for the costs of removing wrong fuel from the Vehicle and
any damage caused by using the wrong fuel type.
15. RETURNING THE VEHICLE
15.1. At the end of the Booking Period, you must: (i) return the Vehicle to the same parking
space from which it was collected (if the Vehicle has a dedicated parking space), or to
an unrestricted parking space as close as possible to its specified home location for
Vehicles collected from a public space, and follow any specific parking instructions
given for the Vehicle; (ii) ensure that the fuel tank is at least ¼ full; (iii) ensure that the
Vehicle is no less clean and tidy than when you started the Booking; (iv) close all of
the windows; (v) ensure that all lights and accessories are turned off; (vi) check that
you have removed any of your personal possessions from the Vehicle; (vii) if a
Lockbox is usually located on the Vehicle, put it back in place; (viii) lock the Vehicle
with the key then secure the key in the Lockbox - the Vehicle is not considered to be
returned until and unless the key is also correctly returned; (ix) take photographs that
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clearly show all exterior surfaces and the interior of the Vehicle and upload them in
accordance with the Damage Policy; and (x) comply with any other requests or
instructions given by the Owner or Uber Carshare.
15.2. If you use a Vehicle outside of a valid Booking Period, including if you fail to return
the Vehicle and its key within 6 hours after the end of the Booking Period, this will be
taken to be a theft of the Vehicle and we or the Owner may: (i) report the Vehicle as
being stolen; and/or (ii) take steps to locate, recover and repossess the Vehicle, or
engage a third party to recover the Vehicle, without further notice to you.
16. LIABILITY FOR PARKING, DRIVING OFFENSES AND TOLLS
16.1. As a Borrower, you assume liability for any traffic, motor vehicle, or parking offenses
in relation to an incident occurring during a time which you have possession of a
Vehicle, or as a result of your failure to leave the Vehicle in a legal, unrestricted
parking space at the end of a Booking Period. You are responsible to the Owner for
payment of any fines or fees and any points will accrue to your driver license.
16.2. You must pay, for the benefit of the Owner, any fines, fees, or costs that you are
responsible for in full on or before the date that payment is due. If we, our affiliates,
the Owner or the Owner’s authorized representative receives an citation or other
information related to an offense that you are responsible for, then: (i) we, our
affiliates, the Owner or the Owner’s authorized representative may inform the
relevant agency that you were the driver of the Vehicle at the time of the offense and
the agency may then may assign liability to the offense or amount owed to you; (ii)
you consent to us and our affiliates providing your personal information to the Owner
or their authorized representative for the purpose of informing the relevant agency, or
providing your personal information directly to the relevant agency; and (iii) we may
charge you an administration fee for each citation received, in accordance with the
Fee Schedule.
16.3. You will be responsible to the Owner for the full cost of recovery and any damage to
the Vehicle should the Vehicle be damaged, seized, towed or impounded while in
your possession or as a result of your failure to leave the Vehicle in a legal,
unrestricted parking space at the end of a Booking Period. These costs will be
charged in addition to any additional late fees and/or extended Booking fees resulting
from a late return of the Vehicle.
16.4. If the Vehicle is found illegally parked, apparently abandoned or is used or obtained
as prohibited under this Agreement, we may, after making reasonable attempts to
contact you, recover the Vehicle or engage a third party to recover the Vehicle. To the
extent permitted by law, you waive any right to any hearing or to receive any notice or
legal process as a precondition of our recovering the Vehicle. Nothing in this Section
is intended to limit an Owner’s legal rights against a Borrower. You must pay to us
immediately on demand any costs reasonably incurred in recovering a Vehicle.
16.5. You will be liable for payment of any amount charged by the operator of a toll road
(“Toll”), including any penalties, fees or other amounts charged in relation to the late
payment of a Toll, incurred in relation to the use of a Vehicle during the period for
which you have use of that Vehicle.
17. FEES, COSTS AND PAYMENTS
17.1. You agree to pay: (i) any fee applicable to the services that you have selected or any
additional fees, charges, and penalties, including any cancellation fees, in
accordance with the Fee Schedule and the Policies; (ii) all taxes on any of the
amounts payable under this Agreement (“Charges”). Such Charges will be owed
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directly to Owners and UTI will collect payment of those charges from you, on the
Owner’s behalf as their limited payment collection agent (pursuant to Section 23.2)
(“Owner Payments''), and payment of the Charges shall be considered the same as
payment made directly by you to Owner. There also may be certain Charges you
incur that will be owed and paid directly to Uber Carshare or its affiliates. Uber
reserves the right to establish or adjust Charges at any time. Uber will use
reasonable efforts to inform you of Charges that may apply, provided that you will be
responsible for Charges incurred regardless of your awareness of such Charges or
the amounts thereof.
17.2. To calculate fees and charges, we will use billing information generated or received
by us, which may include: (i) information collected by the Booking System; (ii)
information recorded in photographs of the odometer of a Vehicle; (iii) receipts
submitted to us; and (iv) any other information that is relevant to determining the fees
and charges applicable to your use of the Service.
17.3. You understand and agree that Uber Technologies, Inc. (“UTI”), an affiliate of Uber
Carshare, acts as the Owner’s collection agent for the limited purpose of accepting
and processing Owner Payments from you on behalf of such Owners. At the time
your payment for a Booking or other payment to an Owner becomes due, you
authorize UTI to collect the payment you owe to Owner and process such payment to
Owner in its capacity as limited collection agent of Owner. You understand that your
obligation to pay Owner for the payment is extinguished at the time your payment to
Owner is paid to UTI (in the amount paid by you) as if you had paid Owner directly.
You will be provided a receipt for each payment successfully processed by UTI in its
capacity as limited collection agent of Owner which in all legal respects is provided on
behalf of Owner and legally binding upon Owner. In the event that UTI does not remit
any amounts paid by you through the Uber Carshare Service to Owners, Owners will
have recourse only against Uber Carshare and will not have any recourse directly
against you.
17.4. From time to time, you may be issued with driving credits, which can be used to cover
the cost of time and distance Booking charges. Driving credits cannot be used to pay
for other expenses such as fees, fines, or Damage and Loss Liability. Driving credits
may have an expiry date and are not transferable or redeemable for cash.
OWNER TERMS
18. OWNER TERMS: LIABILITY; INDEMNIFICATION
18.1. In addition to Sections 1–9, Sections 18 – 29 apply if you are an Owner who lists their
Vehicle through the Services.
18.2. If you list a Vehicle on the Service for sharing, you acknowledge that you are
engaged in the trade or business of renting motor vehicles.
18.2.1. IF YOU CHOOSE TO USE THE SERVICES, LIST YOUR VEHICLE OR
ACCEPT A BOOKING THROUGH THE SERVICE, YOU DO SO AT YOUR
OWN RISK. WE ARE NOT LIABLE AND YOU WAIVE, RELEASE, AND
FOREVER DISCHARGE US AND ANY OF OUR AFFILIATES FROM ANY
AND ALL CLAIMS, LIABILITIES OF EVERY KIND, DEMANDS, DAMAGES
(INCLUDING WITHOUT LIMITATION,DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL AND PUNITIVE), LOSSES AND CAUSES OF ACTION
(WHETHER KNOWN, UNKNOWN, ASSERTED, UNASSERTED, FIXED,
CONDITIONAL, OR CONTINGENT), OF ANY KIND OR NATURE
(INCLUDING WITHOUT LIMITATION, THOSE BASED IN CONTRACT, TORT,
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STATUTORY, OR OTHER GROUNDS), WHICH YOU HAVE OR MAY HAVE
HAVE IN THE FUTURE, INCLUDING COURT COSTS, ATTORNEYS’ FEES
AND LITIGATION EXPENSES THAT MAY ARISE OUT OF, OR RESULT
FROM THE USE OF THE SERVICES, YOUR LISTING A VEHICLE, THE
USE OF YOUR VEHICLE BY A BORROWER, OR YOUR PROVISION OF
ANY CAR SEAT, ROOF RACK, BICYCLE RACK, OR OTHER EQUIPMENT
PROVIDED BY AN OWNER.
18.2.2. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD
HARMLESS UBER CARSHARE AND ANY OF OUR AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS from any and all
claims, demands, losses, liabilities, and expenses (including attorneys' fees),
arising out of or in connection with: (i) your use or reliance on the Uber
Carshare platform or the Services; (ii) your listing of Vehicles through the
Services or your provision of any optional Vehicle features (including, but not
limited to, car seats, roof or bicycle racks); (iii) your violation of any law, rule,
or regulation of the United States or any other country; (iv) your interaction
with other Users of the Services; (v) your breach or violation of this
Agreement; (vi) Uber Carshare’s use or reliance on any user content,
photographs, or other information you provide; or (vii) your violation of the
rights of any third party.
18.2.3. If your Vehicle is unregistered, unroadworthy or does not meet the Vehicle
Eligibility criteria set out in this Agreement at any time when it is made
available for sharing through the Service, you will be liable, and agree to
indemnify and hold us and any Borrowers harmless for any cost, loss,
damage, fines, penalties, claims or liability arising in relation to the use of your
Vehicle.
19. VEHICLE ELIGIBILITY CRITERIA
19.1. A Vehicle that is made available at any time for sharing through the Service must
(unless we agree otherwise): (i) be lawfully registered in any U.S. state or territory
excluding New York; (ii) be covered an insurance policy that meets the state or
territory of registration requirements for automobile insurance; (iii) be in a roadworthy
condition at all times, and be in compliance with all laws and regulations required for
the lawful operation of motor vehicles in the state or territory of registration, including
but not limited to, compliance with safety or emissions inspections in accordance with
any requirements of the department of motor vehicles or other regulator in your state
or territory; (iv) comply with all laws related to the operation or roadworthiness of
personal motor vehicles in the state of registration and Massachusetts; (v) be well
maintained, with maintenance properly scheduled and recorded using the applicable
manufacturer’s maintenance schedule as a guide; (vi) be no more than 15 model
years old; (vi) have been driven fewer than 200,000 miles; (vii) not have been altered
in a way that materially changes the performance, appearance or purpose of the
Vehicle; (viii) not be subject to an open vehicle safety recall as determined by the
National Highway Traffic Safety Administration; (ix) not have been declared a total
loss or have a salvaged or rebuilt title; (x) have seating for a maximum of 8
passengers; (xi) be a private passenger vehicle with four wheels; and (xii) have a
market value less than $50,000 (noting that we may also decline or remove Vehicles
with a lower market value threshold from the Service, or require them to implement
additional security measures, based on our security and risk management
requirements).
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19.2. You agree that we and our affiliates may independently verify: (i) your Vehicle’s
registration details; (ii) that your Vehicle meets all of the eligibility requirements set
out in this Agreement; and (iii) if you are not the registered owner of your Vehicle, the
registered owner has given you permission to make your Vehicle available for sharing
through the Service. You are fully responsible for securing the owner’s permission to
list the Vehicle for sharing through the Service and complying with the scope of any
permission granted.
19.3. You may not make a Vehicle available for borrowing from or on the grounds of any
airport.
20. OWNER RESPONSIBILITIES
20.1. As an Owner of a Vehicle that is offered for sharing through Uber Carshare, you
must: (i) ensure that the Vehicle is maintained in accordance with the requirements of
Section 19.1 If Uber Carshare has any concerns about the safety or maintenance of
your car, you may be required to provide proof of maintenance or roadworthiness,
and your Vehicle may be suspended from the Service until acceptable proof is
received; (ii) ensure that the Vehicle is safely operable by any Borrower, and not
place in the Vehicle any modifications, devices, equipment or other items that may
interfere with the safe operation of the Vehicle; (iii) check the amount of engine oil
and coolant in the Vehicle at appropriate intervals and maintain them at the levels
recommended in the Vehicle manufacturer’s specifications; (iv) ensure there is a
serviceable spare tire available at all times along with the necessary tools to change
the wheel (unless the Vehicle is fitted with runflat tires); (v) maintain the correct
registration for the Vehicle and comply with any laws or regulations applicable to your
listing of a Vehicle to borrow on the Uber Carshare platform; (vi) park your Vehicle in
a publicly accessible, legal parking space at all times when it is made available for
sharing; (vii) follow any direction given by us or our affiliates in relation to sharing
your Vehicle that, in our reasonable view, is necessary to avoid harm to our
reputation and brand; (viii) ensure that the fuel tank is more than 1/4 full at the start of
any Booking Period; (ix) ensure that the Vehicle is clean at the start of each Booking
Period, and not smoke in the Vehicle; (x) ensure that the Lockbox System is
accessible by Borrowers at all times when it is made available for sharing, (xi) ensure
that any dashcams or other recording or tracking devices are operated in accordance
with any applicable laws and that their presence is clearly notified to Borrowers in the
Vehicle’s public description; (xii) ensure that at all times during a Booking Period the
Vehicle’s government issued registration document and insurance documents that
demonstrate the Vehicle is in-compliance with the laws of the state or territory of
registration are available in the Vehicle.
20.2. You must be contactable by phone or email and able to respond to questions at all
times during a Booking Period. If you will not be contactable during a Booking Period,
then you must: (i) provide us with the mobile phone number and email address of a
person who is responsible for and has your explicit permission to manage your
Vehicle (your nominated representative); or (ii) ensure that your Vehicle is not made
available for sharing during that time.
20.3. If you accept these terms on behalf of a business, you represent and warrant that you
are authorized to enter into contracts for and bind your business, and that each such
business entity is in good standing under the laws of the place where it is established.
If you perform other functions, including listing Vehicles, using the Services, you
represent and warrant that you are authorized to perform those functions. You are
fully responsible and liable for the accuracy of any information you provide.
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20.4. REQUIREMENTS FOR OPTIONAL EQUIPMENT. When you list a Vehicle through
the Service, you represent and warrant that your Vehicle and any equipment or
optional features you choose to provide (including, but not limited to, any car seats,
roof racks, or bicycle racks) are in good working order, are not expired, are properly
installed in accordance with manufacturer’s instructions, and are free from any known
defect.
21. VEHICLE PROFILES
21.1. You will be required to maintain a Vehicle Profile (“Vehicle Profile”) for any Vehicle
that you have listed on the Service. This information will be available to other Users.
21.2. You will be able to provide special instructions to Borrowers concerning access to, or
the operation of, the Vehicle. This information may be made available on the Website,
or communicated to Borrowers by in-app message, email or SMS prior to the start of
a Booking Period.
22. ACCEPTANCE AND CANCELLATION OF BOOKINGS
22.1. You must: (i) review the availability schedule for your Vehicle regularly; (ii) ensure that
your Vehicle is available at the times and locations for which it has been Booked and
ensure that the Lockbox System containing the Vehicle key is accessible by
Borrowers; and (iii) pay the charges set out in the Fee Schedule if your Vehicle is not
available to any Borrower who has made a Booking for its use.
22.2. All Bookings are automatically confirmed if the Vehicle is shown as available in the
availability schedule.
22.3. If you cancel a Borrower’s Booking, you will incur a fee as set out in the Fee
Schedule.
23. FEES AND EARNINGS
23.1. With respect to the earnings generated from your Vehicle: (i) All amounts quoted and
charged or paid are in U.S. Dollars unless otherwise indicated; (ii) You may set the
time rates for the use of your Vehicle, the distance rates will be established by Uber
Carshare based on your Vehicle’s characteristics; (iii) We will pass through to you
time and distance fees that Borrowers owe to you for using your Vehicle. However,
we will retain a service fee from those changes in connection with supplying the
Service to you; (iv) The portion that we pass through to you will be determined by
Uber Carshare and clearly communicated to you; (v) We may set off any amounts
that you owe in connection with this Owner Agreement against amounts that we owe
to you; (vi) If your Vehicle is unregistered or unroadworthy, not fit for purpose or does
not match the Vehicle Profile at any time when it is made available for sharing
through the Service, we may refund any amounts paid by the Borrower to you on
your behalf and charge you for lost fees from Bookings that are cancelled or refunded
as a result; (vii) We will not be required to make any payment to you until we have
first received payment of those amounts from the User or Users who incurred fees or
charges in relation to the use of your Vehicle during the relevant billing period; (viii)
We will make any payments owing to you to the bank account that you nominate in
your account via the Website; (ix) We will issue invoices to Users on your behalf for
amounts owing to you. You must provide us with all information requested so we can
prepare the invoice; (x) payments to you will be issued on a monthly basis.
23.2. Limited payment collection agent. As an Owner, you appoint Uber Technologies,
Inc. (“UTI”), an affiliate of Uber Carshare, as a limited payment collection agent for
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the purposes of collecting Owner Payments from Borrowers through the Service, and
UTI accepts such appointment. UTI will process the Owner Payments on your behalf
through the Service, and the Owner Payments will be deemed to have been made to
you when the Owner Payments are successfully processed and received by UTI as if
such payments had been paid to you directly by Borrowers, extinguishing the
Borrower’s payment obligation to you (in the amount paid by the Borrower). You also
appoint Uber Carshare as your limited agent for the purpose of collecting settlement
funds for Owner Payments due from UTI (“Settlement Funds''). Remittance of
Settlement Funds from UTI to Uber Carshare will be deemed to have been made to
you as if such Settlement Funds had been paid to you directly by UTI, extinguishing
UTI’s payment obligation to you (in the amount remitted by UTI to Uber Carshare. For
the avoidance of doubt, you shall have no recourse against any Borrower for
non-payment of successfully processed and received payments by UTI. Your only
recourse for non-payment of a successfully processed payment is against Uber
Carshare. You are responsible for providing accurate bank account information and
any other identifying information necessary to Uber Carshare so that Uber Carshare
can further remit your funds to an account of your choosing.
23.3. Uber Carshare has the right to disclose its status as your limited payment collection
agent to the public as necessary. You authorize UTI to provide receipts to Borrowers
for successfully processed Owner Payments. You acknowledge that all receipts
provided by UTI through the Service to Borrowers are in all legal respects provided
on your behalf and binding upon you. You acknowledge that UTI and Uber Carshare
shall be held out to Borrowers as your limited payment collection agents.
23.4. You also agree that any payments owed to you may be used to satisfy a court order
of garnishment against you; to reimburse us for any erroneous overpayment to you,
or may, in our in our good faith discretion, be adjusted for reasons such as fraud or
your failure to comply with the terms of this Agreement.
23.5. You agree to pay any fee applicable to the services that you have selected or any
additional fees, charges, and penalties, including any fuel charges, and cancellation
fees, in accordance with the Fee Schedule and the Policies.
24. LOCKBOX SYSTEM
24.1. If your Vehicle is an Instant Keys Vehicle, we will send the Lockbox System to you to
install in your Vehicle. Any Lockbox System provided to you will remain our property
at all times.
24.2. You must not, and must not permit or allow any other person to tamper with, interfere
with, or remove any part of the Lockbox System that has been installed in your
Vehicle or any other User’s Vehicle by or on behalf of us.
24.3. You must inform us immediately if any part of the Lockbox System is lost, stolen,
damaged or not working properly.
24.4. If any part of the Lockbox System that we provide to you is lost, stolen or damaged,
we may charge you a fee, as set out in the Fee Schedule.
24.5. If your Vehicle is equipped with a Lockbox System, you may use the Website to
generate a personal identification number (PIN) that provides you access to unlock
the Lockbox for your Vehicle at any time. You must keep each PIN secure at all times
and only disclose it to authorized users of your Vehicle.
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24.6. You must facilitate the removal of, and return, any Lockbox System in your
possession to us: (i) before you sell or transfer possession of the Vehicle to another
person or move it to a location outside of our normal operating area; (ii) if we have
sent them to you to install in your Vehicle and you have not installed them within 20
business days of receipt (or another period agreed with us); (iii) upon termination of
your Agreement; or (iv) at any other time if we request that you do so.
24.7. As soon as possible after your access to the Service is cancelled, you must return the
Lockbox System to us in accordance with our instructions. If we do not receive the
Lockbox System within 20 business days after our request, or if you transfer
ownership or possession of the Vehicle to another person without returning these
items to us, then you agree to pay us the replacement cost of those items and a
reasonable handling fee as set out in the Fee Schedule.
25. CHECKING THE VEHICLE
25.1. You are responsible for checking the Borrower’s photographs of your Vehicle from the
beginning and end of their possession of the Vehicle and for checking your Vehicle as
soon as possible after you retake possession of the Vehicle and on a regular basis. If
you as an Owner find any damage, or if the Lockbox System is missing or damaged,
you must report it to us promptly.
25.2. You must report any new damage that you identify in a Borrower’s photographs, or
submit photographs of any new damage you find that is not recorded in a Borrower’s
photographs, to us as soon as possible after the relevant Booking Period (and, in any
event, within 42 days of the end of the relevant Booking Period).
25.3. If you report damage to your Vehicle, we will assist with the investigation and
collection of payment from any liable Borrowers who have used your Vehicle within
the 42 days prior to your report. If the damage occurred outside that period then you
will be responsible for communicating directly with Borrowers to ascertain liability.
26. DAMAGE AND LOSS TO YOUR VEHICLE
26.1. As an Owner, the Owner Guarantee, forms part of your agreement with Uber.
26.2. Each Borrower will have auto liability insurance designed to cover third party liability
and Vehicle Protection to limit their contractual liability for damage to the Vehicle for
each Booking they make and when they use your Vehicle. If a Borrower is
responsible for Damage and Loss under the Agreement, the amount that they will be
required to pay to you will be:
26.2.1. the reasonable cost of repairing your Vehicle (which may include the use of
used parts or parts that were not made by the original equipment
manufacturer); or
26.2.2. if your Vehicle is:
26.2.2.1. damaged beyond economic repair; or
26.2.2.2. stolen and not recovered,
the actual cash value of your Vehicle at the date of the accident or theft, as
determined by an independent valuer appointed by us or the insurer that issued the
auto liability insurance policy, when assessing your claim. If a claim is approved
under Vehicle Protection, we will pay for the repairs to the Vehicle in accordance with
the terms of the Vehicle Protection Plan.
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26.3. If a claim for Damage and Loss to Your Vehicle is not approved, the Borrower
remains liable to you in accordance with these Terms of Service.
26.4. Where you experience loss of use of your Vehicle as a direct result of Damage and
Loss caused to the Vehicle by a Borrower, the Borrower may be required to make a
payment to you to compensate you for that loss of use, calculated as set out in the
Damage Policy in accordance with these Terms of Service.
26.5. You will not be entitled to any compensation or payment in relation to any actual or
anticipated loss of income generated from your Vehicle.
26.6. We will ensure that while your Vehicle is in the possession of a Borrower, as
described in the Damage Policy: the Borrower has protection under Vehicle
Protection. If the Borrower is for any reason unable to access Vehicle Protection, or if
their claim for protection under Vehicle Protection is declined, then you may make a
claim under the Owner Guarantee that was provided to you.
26.7. There are limits to the Borrower’s level of cover under Vehicle Protection and to the
amount that may be paid under the Owner Guarantee. The Owner Guarantee forms
part of and is governed by the terms of these Terms of Service.
26.8. Roadside Assistance charges as set out in the Fee Schedule will be passed through
to you if they are a result of a mechanical fault or other defect that did not result from
a Borrower's actions.who, in our reasonable opinion, is responsible for the request.
26.9. If the Vehicle needs to be towed, the cost will be charged to you if it resulted from a
mechanical fault or other defect that existed prior to the Booking, except where the
Borrower has travelled further than 300 miles from the Vehicle’s Booking location
without the express permission of the Owner and us, in which case the Borrower will
be responsible for the cost of towing, regardless of fault.
26.10. The cost of replacing a battery will be charged to and is the responsibility of the
Owner.
27. CLAIMS FOR DAMAGE AND LOSS
27.1. You are deemed to be in possession of the Vehicle for all times other than when a
Borrower is in possession of the Vehicle. The deemed periods of when Borrower
possession occurs are specified in the Damage Policy.
27.2. You will be fully responsible for Damage and Loss that occurs while the Vehicle is in
your possession (as opposed to being in the possession of a Borrower). We are not
(and our affiliates are not) liable to you or any third party in relation to any such
Damage and Loss, and you agree to indemnify us and our affiliates for any claims
against, or damage or loss suffered by, us or any of our affiliates as a result of or in
connection with any such Damage and Loss.
27.3. If there is Damage and Loss that results from the use or possession of your Vehicle
by a Borrower then we or our affiliates will:
27.3.1. determine the quantification of the Damage and Loss in accordance with
Section 25, which may be through quotations for the repairs to your Vehicle
and where appropriate an assessment of the damage;
27.3.2. in accordance with the Vehicle Protection Plan, collect:
27.3.2.1. any Deductible from the Borrower if the Vehicle Protection Plan claim
is approved; or
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27.3.2.2. if the Borrower is not able to access Vehicle Protection, the amounts
owing to you by the Borrower in relation to the Damage and Loss from
the Borrower on your behalf; and
27.3.3. pay:
27.3.3.1. the applicable repair costs and other amounts collected from the
Borrower, Vehicle Protection or the Owner Guarantee on your behalf,
either to you or directly to the repairer on your behalf or to the person
you direct us to pay.
27.4. We may, in accordance with the Owner Guarantee or otherwise in our absolute
discretion pay you in advance of collecting such amounts from the Borrower or
Vehicle Protection, in which case such amount (once collected) will be owed to us by
way of reimbursement for the payments made, instead of to you.
28. LIABILITY FOR PARKING AND DRIVING CITATIONS
28.1. If a traffic ticket, citation, or other motor vehicle offense is issued against you or your
vehicle in relation to an traffic or motor vehicle violation occurring during any time
other than (i) while Borrower has possession of the Vehicle, or (ii) when your Vehicle
incurs a parking fine in the place where it was left by a Borrower within 24 hours after
a Booking, then you are responsible.
28.2. If you receive a citation that you believe is the responsibility of a Borrower, you should
notify us. We will, in our discretion, reimburse you for the fines and fees associated
with a citation or work with you to ensure the citation is assigned to the appropriate
User for resolution. We make no guarantee that we will be able to reassign the
citation and you assume all responsibility for traffic tickets, citations, or moving
violations assigned to you or your Vehicle that are issued while your Vehicle is active
on the Service.
28.3. You are responsible for ensuring that your Vehicle’s home location as listed in the
Vehicle Profile is a place where the Vehicle can be left indefinitely without incurring a
parking fine. If a Borrower leaves the Vehicle in its specified home location, then you
will be responsible for the payment of any citation issued after the Borrower ceases to
have possession of the Vehicle.
29. SUSPENDING YOUR VEHICLE FROM THE SERVICE
29.1. We may suspend your Vehicle from the Service by making it unavailable for sharing
at any time at our discretion. If your Vehicle is suspended from the Service to the
extent not prohibited by law you will not be entitled to a refund of any fees or
payments.
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