UBER CARSHARE TERMS OF
SERVICE
Last Modified: October 26, 2023
1. Key Principles
● This Agreement applies to your use of the Uber Carshare services. You should read
this entire Agreement carefully before agreeing to it.
● Uber operates a platform that can be used by third-party Owners to share their
Vehicles with third-party Borrowers. Uber Carshare also provides related services
such as helping Owners collect payment from Borrowers.
● Uber itself does not own, share, borrow, rent, lease, or otherwise possess Vehicles.
● Uber Carshare’s services include facilitating Vehicle Protection, and facilitating an
auto liability policy, although Uber is not an insurance provider or broker. For Vehicle
Protection and coverage to work properly, you need to provide us with accurate,
complete, up-to-date information at all times.
● Owners are responsible for making sure Vehicles are safe to use, and Borrowers are
responsible for operating Vehicles safely. The same is true for optional equipment like
car seats, roof racks, etc.
● If you borrow a Vehicle, you cannot let anyone else drive it unless that person also
holds an active Uber Carshare Borrower account.
● Vehicle Borrowers are responsible for paying any tolls and tickets incurred during a
Booking in full.
● Section 9 of this Agreement includes a process for resolving disputes individually
through arbitration. Any dispute you have with Uber will be resolved by an arbitrator,
not a court.
2. SERVICE ACCESS
2.1. The Uber Carshare Terms of Service (the “Agreement”) govern your access and use
of the portal and associated services made available by UberTech Carshare Canada,
Inc. a company registered under the laws of Canada (hereinafter referred to as,
“Uber Carshare”, “we” or “us”) and its corporate affiliate Uber Technologies, Inc., a
company incorporated under the laws of Delaware, U.S.A. (“UTI”, collectively with
Uber Carshare, “Uber”), primarily being a marketplace platform that enables users to
share vehicles.
2.2. PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONSTITUTES A LEGAL
AGREEMENT BETWEEN YOU AND UBER. IT INCLUDES A PROCESS FOR
RESOLVING DISPUTES INDIVIDUALLY THROUGH ARBITRATION IN SECTION 9
BELOW. In the Agreement, the words "including" and "include" mean "including, but
not limited to."
2.3. UTI provides an online portal, website, mobile application and associated technology.
Uber Carshare provides support, marketing, lead generation and related services,
and devices, 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”).
2.4. 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.
2.5. 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.
2.6. 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.
2.7. 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.
2.8. 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.
2.9. 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.
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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.
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 30 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 the Services 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
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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.
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, UTI 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. UTI, its affiliates and respective licensors reserve all rights not
expressly granted in this Agreement.
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7.2. You agree that you will not use UTI’s 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 UTI. This prohibition on using UTI’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
exploit the Services, the Website, or the Booking System except as expressly
permitted by UTI or its 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 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
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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.
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.
8.9. These Uber Carshare Terms shall be exclusively governed by and construed in
accordance with the laws of the province of Ontario, or Quebec if you are a Quebec
resident, and the federal laws of Canada applicable therein, without regard to conflict
of law principles.
9. ARBITRATION AGREEMENT
9.1. IMPORTANT: PLEASE READ THE FOLLOWING ARBITRATION REQUIREMENT
CAREFULLY. YOU WILL HAVE TO RESOLVE DISPUTES THROUGH
ARBITRATION. YOU WILL NOT BE ELIGIBLE TO GET MONEY OR OTHER
RELIEF THROUGH A COURT PROCEEDING.
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9.2. ARBITRATION REQUIREMENT
9.2.1. You are free to get advice or representation from a lawyer about this
arbitration requirement.
9.2.2. Unless prohibited by law, all disputes arising out of or relating in any way to: i)
these Uber Terms, ii) the Uber Services, iii) your access to or use of the
Applications, or iv) advertisements, promotions or oral or written statements
related to the Applications or any other Uber branded product will be finally
and conclusively adjudicated and resolved by arbitration under the Arbitration
Rules (“ADRIC Rules”) of the ADR Institute of Canada, Inc. (“ADRIC”), except
as modified here. The arbitration will be in English or French as you choose.
The arbitration may be held anywhere the arbitrator considers appropriate,
including remotely by telephone or Internet.
9.2.3. The ADRIC Rules are available by, for example, searching <www.google.ca>
to locate “ADRIC Arbitration Rules” or by clicking here. You can also contact
ADRIC at 1-877-475-4353 or <www.adric.ca>.
9.2.4. You will have to pay some fees to arbitrate, as described in the ADRIC Rules.
9.2.5. However, before beginning the arbitration, the party with the claim will first try
to informally negotiate with the other party, in good faith, a resolution of the
dispute for not less than 30 days but no more than 45 days unless extended
by agreement. During the negotiation period, any otherwise applicable
limitation period will be tolled (temporarily suspended).
9.2.6. Nothing here prevents you from filing a claim with a government agency.
9.2.7. Where you allege claims of sexual assault or sexual harassment, you may
choose to bring those specific claims in court instead of arbitration. Uber
agrees to honour your choice of forum with respect to your individual sexual
harassment or sexual assault claim but in doing so Uber does not waive the
enforceability of any other part of this Section 9.
9.2.8. This arbitration requirement survives: (i) the termination of this Agreement and
(ii) the bankruptcy of any party. If any part of it is deemed invalid or
unenforceable, the other parts remain in force.
9.3. CLASS ACTION WAIVER
9.3.1. This Agreement affects your ability to participate in class or collective actions
or proceedings. Uber Carshare and you agree to bring any dispute in
arbitration on an individual basis only, and not on a class or collective basis on
behalf of others. There will be no right or authority for any dispute to be
brought, heard or arbitrated as a class or collective proceeding, or for you to
participate as a member in any such class or collective proceeding.
9.3.2. In any case in which (i) a dispute is filed as a class or collective proceeding
and (ii) there is a final judicial determination that all or part of the dispute must
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not be subject to this Section 9, the dispute must be adjudicated in a class or
collective proceeding to that extent, but the portion of the dispute that may be
subject to this Section 9 will be adjudicated in individualized proceedings.
BORROWER TERMS
10. BORROWER GENERAL TERMS; LIABILITY; INDEMNIFICATION
10.1. If you are a Borrower, then in addition to Section 1 —9 these 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,
LEGAL FEES AND LITIGATION EXPENSES THAT MAY ARISE OUT 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 Canada
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.
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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 during the time
you have the Vehicle reserved or that you are in possession of the Vehicle 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:
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:
(a) 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
(b) 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.
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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
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 driver’s license free of restrictions that would prevent
you from operating a Vehicle.
12.1.5. 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.
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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
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. If you are a Borrower, 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
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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
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 480 km (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.
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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
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
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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
directly to Owners and Uber Carshare 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 Carshare reserves the right to establish or adjust Charges at any time.
Uber Carshare 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 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 Uber Carshare 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 Uber Carshare
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(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 Uber Carshare, directly or by its
affiliate(s), 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 Uber Carshare 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, these 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,
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 Canada 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.
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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 province; (ii) be covered
an insurance policy that meets the province 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 Ontario; (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 320,000 km (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, notice of defect or notice of
non-compliance as determined under the Motor Vehicle Safety Act; (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 C$65,000 (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).
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
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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 province 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.
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.
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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 Canadian 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 you pay us for the service fee will
be determined Uber Carshare and will be clearly communicted 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 Carshare as a
limited payment collection agent for the purposes of collecting Owner Payments from
Borrowers through the Service, and Uber Carshare accepts such appointment. Uber
Carshare, itself or with the assistance of its corporate affiliate(s), 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 Uber Carshare 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 remitting settlement funds due (“Settlement Funds''). For the
avoidance of doubt, you shall have no recourse against any Borrower for
non-payment of successfully processed and received payments by Uber Carshare.
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 Uber Carshare, directly or via its
affiliate(s), to provide receipts to Borrowers for successfully processed Owner
Payments. You acknowledge that all receipts provided by Uber Carshare through the
Service to Borrowers are in all legal respects provided on your behalf and binding
upon you. You acknowledge that Uber Carshare shall be held out to Borrowers as
your limited payment collection agent.
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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.
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).
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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:
(a) damaged beyond economic repair; or
(b) 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.
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 480 km (300 miles) from the Vehicle’s Booking
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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 vehicle 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 26 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:
(a) any Deductible from the Borrower if the Vehicle Protection Plan claim
is approved; or
(b) 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:
(a) 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
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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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