OWNER GUARANTEE

Last Modified: August 24, 2023

1. DEFINITIONS

1.1. The following capitalised terms have the following meanings. Capitalized terms in the

Owner Guarantee not otherwise defined have the same meaning as in the Uber

Carshare Terms of Service.

1.1.1. “Responsible Borrower” means a Borrower of your Vehicle who is liable for

Damage and Loss under the Uber Carshare Terms of Service.

1.1.2. “Covered Loss” means and is limited to Damage and Loss to your Vehicle for

which a Responsible Borrower is liable under the terms of the Uber Carshare

any Excluded Losses.

1.1.3. “Excluded Loss” has the meaning set out in Section 4. Limitations and

Exclusions below.

1.1.4. “Limit” means $50,000 for your Vehicle, or the market value of your Vehicle

immediately prior to the time of the Damage and Loss as determined in

accordance with the Uber Carshare Terms of Service, whichever is the lower.

1.1.5. “Quantified Value” means the amount that the Responsible Borrower is liable

to pay You for Damage and Loss to your Vehicle, calculated in accordance with

the Uber Carshare Terms of Service and the Damage Policy.

1.1.6. “We” or “Us” means Uber Carshare US LLC for Users who list a Vehicle in

the United States and UberTech Carshare Canada, Inc for Users who list a

Vehicle in Canada and this term includes any affiliated companies.

1.1.7. “You” means an Owner of a Vehicle.

2. ABOUT OWNER GUARANTEE

2.1. By listing your Vehicle, You agree to comply with and be bound by these Terms.

2.2. Uber Carshare provides Owners with this guarantee (“Owners Guarantee”) solely for

the purpose of promoting use of the Uber Carshare app by building confidence for

Owners in listing Vehicles for use by Borrowers through the Uber Carshare app.

2.3. These Terms do not constitute insurance or an insurance contract and are not

intended to constitute an offer to insure.

3. THE OWNER GUARANTEE

3.1. We agree to pay You, as an Owner, to repair or replace your Vehicle if it is lost,

damaged or destroyed as a result of a Covered Loss, subject to the limitations,

exclusions and conditions in these Terms.

3.2. If You do not comply fully with all of the requirements and conditions in these Terms,

You may not be eligible for any payments for Covered Losses. You should carefully

review and understand the limitations and exclusions in these Terms, and make your

own arrangements to protect your Vehicle (including any personal property) against

any losses or liability not covered by the Owner Guarantee.

3.3. You agree to check your Vehicle regularly as required by the Damage Policy, and to

report loss or damage via the Uber Carshare Help Center as soon as possible after

You become aware of it and at the latest within 42 days after the loss or damage

occurred.

3.4. You acknowledge and agree that any amount of Covered Losses payable to You

under the Owner Guarantee will be reduced by any amounts You receive for the same

Covered Losses from a source other than the Owner Guarantee, including without

limitation:

3.4.1. amounts received under an insurance policy or Uber Carshare Vehicle

Protection;

3.4.2. any recovery made against a person who is at fault or partly or wholly legally

liable for the Damage and Loss to your Vehicle; and

3.4.3. payment directly by the Responsible Borrower;

3.4.4. and You agree to repay to Us any amounts that we may already have paid

You, to the extent that You receive any of these types of payments from

someone other than Uber Carshare.

4. LIMITATIONS AND EXCLUSIONS

4.1. You will not be entitled to any payment under the Owner Guarantee for any of the

following Excluded Losses:

4.1.1. Loss or damage that, in our reasonable opinion, the Borrower is not

responsible for under the Uber Carshare Terms of Service or that cannot be

attributed to the Borrower, including without limitation;

4.1.1.1. Wear and Tear;

4.1.1.2. deterioration resulting from existing damage, rust or corrosion;

4.1.1.3. mechanical, electrical or computer breakdowns, failures or breakages;

4.1.1.4. repairs carried out without our consent;

4.1.1.5. the cost of repair of old damage, faulty workmanship or incomplete

repairs that were in existence prior to the Accident;

4.1.1.6. loss or damage to any non-standard modifications or accessories that

were not supplied by the manufacturer; or

4.1.1.7. loss or damage if You make your Vehicle available for bookings when it

is in an unsafe or un-roadworthy condition.

4.1.2. Loss of use, loss of profit or loss of income, even if the Responsible Borrower

is liable to You under the Uber Carshare Terms of Service for such loss;

4.1.3. Loss, cost, expense, damage, or deterioration arising from your action or

inaction that, in our reasonable opinion, increases the costs of repairs or

results in other additional costs;

4.1.4. Any losses, damages, cost or expense of whatsoever nature, directly or

indirectly, caused by, relating to or resulting from:

4.1.4.1. allowing access to your Vehicle or its keys in any way other than

through the Uber Carshare app and in accordance with the Uber

Carshare Terms of Service;

4.1.4.2. giving permission to the Borrower to use your Vehicle without a

Booking or outside of a Booking Period (as defined in the Uber

Carshare Terms of Service);

4.1.4.3. any dishonest act or omission committed by You or any persons or

entities retained by You to do anything in connection with your Vehicle,

unless such persons or entities are a Responsible Borrower and such

act is done without your knowledge;

4.1.5. Any losses, damages, cost or expense of whatsoever nature, directly or

indirectly, caused by or resulting from any of the following, regardless of any

other cause or event that contributes to them:

4.1.5.1. any hostile act or act of war, terrorism, insurrection or rebellion;

4.1.5.2. seizure or confiscation by order of any governmental or public

authority;

4.1.6. Loss or damage in excess of the Limit; or

4.1.7. Losses arising from indirect or remote causes.

5. CONDITIONS TO THE OWNER GUARANTEE

5.1. In order to be eligible to obtain payment under these Terms, You must fully comply

with each of the following conditions. It is your responsibility to demonstrate that You

have complied with these conditions. If You do not fully comply, or are unable to

demonstrate that You have complied, then You will not be entitled to any Covered

Losses.

5.2. your eligibility for the Owner Guarantee is conditional upon:

5.2.1. Payment by the due date of any amounts that You owe to Us; and

5.2.2. your Vehicle meeting the eligibility criteria set out in the Uber Carshare Terms

of Service at the time when the Damage and Loss occurred.

5.3. your Vehicle must be regularly inspected in accordance with the Uber Carshare Terms

of Service to determine whether there is any Damage and Loss to it which is

reasonably caused during a Booking.

5.4. If You identify any Damage and Loss that has not been reported by a Responsible

Borrower, You must notify Us as well as the Responsible Borrower about your

complaint and attempt to resolve the issue and pursue your claim and legal rights to

be indemnified by the Responsible Borrower within 42 days of the end of the Booking

Period end date. You may fulfill this obligation by submitting a claim via the Uber

Carshare Help Center.

5.5. You must, on our request, provide photographs of any damage, allow Us or others

who we nominate to inspect your Vehicle, and deliver it for inspection to any place, at

such times and for such durations, that we reasonably specify. However, our right to

make inspections, or making of inspections, and any analysis, advice, or inspection

report will not constitute an undertaking by Us to determine or warrant that the

damaged Vehicle is roadworthy or safe to drive. We will have no liability to You or any

other person because of any inspection or failure to inspect your Vehicle.

5.6. You must provide Us with all information we reasonably request in order to determine

the Quantified Value, and cooperate with Us, including signing any documents, and

responding in a timely manner to any reasonable requests for additional information or

documentation that we or our nominees may require or request.

5.7. You must protect your Vehicle from further loss or damage.

5.8. If your Vehicle is damaged or lost due to a theft or other violation of law, You must

make a police report about the incident and provide Us with a certified copy of the

report.

5.9. You must provide Us with certified proof of ownership of, or legal responsibility for,

your Vehicle.

5.10. If your Vehicle is subject to a loan, mortgage or other security interest, You must notify

your lender/mortgagee in writing of any loss and provide Us with a copy of the notice.

If the lender/mortgagee notifies You that they are entitled to proceeds for the loss, You

must provide Us with a copy of their request and details so that we can communicate

directly with the lender. If the loss is determined to be a Covered Loss, we will pay the

loss benefit(s) to the lender up to the value of the security interest but not more than

the Limit (subject to the exclusions, limitations and conditions of these Terms). To the

extent of applicable law, we will not pay You unless and until your monetary obligation

to the lender/mortgagee has been satisfied.

5.11. If we request You to do so, You must deliver a signed and sworn proof of loss to Us

within 7 days of our request, including:

5.11.1. Evidence and proof of the damage or loss in the form of receipts,

photographs, videos, documents and other verifiable forms of proof.

5.11.2. The ownership or other interest of You and all other parties in your Vehicle.

5.11.3. All liens, encumbrances, mortgages, guarantees and all other contracts of

insurance, whether valid or not, covering your Vehicle.

5.11.4. Any service reports or condition reports for your Vehicle.

5.11.5. Any changes in the title, possession, or eligibility for listing on the Service of

your Vehicle since the date it was enrolled in the Service.

5.11.6. The date when You contacted the Responsible Borrower to request payment

for the loss You are claiming, and the date on which the Responsible Borrower

declined or failed to pay for the loss.

5.12. If your Vehicle is damaged beyond economical repair or stolen and not recovered, and

we make a payment to You under this Owner Guarantee, then You agree that your

Vehicle becomes ours and agree that we are entitled to receive the proceeds from its

salvage value.

5.13. You must not have misrepresented any facts or committed fraud or any other

dishonest or deceptive act in connection with the use by the Responsible Borrower of

your Vehicle or the preparation or submission of any past or present report of damage

or loss under these Terms. If You make any misrepresentation, or act fraudulently,

dishonestly or deceptively at any time, we will not make any payments under the

Terms, recover any payments that we may have made to You under these Terms, and

the Owner Guarantee as they relate to You and your Vehicle will end.

5.14. If You make a claim under this Owner Guarantee:

5.14.1. You permit Us to review, and will provide copies to Us upon request of, all

communications between You and the Responsible Borrower; and

5.14.2. You acknowledge that we or our nominees may independently investigate (or

have independently investigated) the facts and circumstances relating to your

request for payment.

5.15. You must comply at all times with your obligations under the Uber Carshare Terms of

Service. You acknowledge and agree that we may, at our sole discretion, deny

payment in full or in part if You are in breach of those obligations.

6. DETERMINATION OF THE AMOUNT OF THE COVERED LOSS

6.1. The amount of Covered Losses will be calculated on the basis set out in the Uber

Carshare Terms of Service and Damage Policy.

6.2. For each of your Vehicles, the loss amount will be the lesser of (i) the market value as

determined under the Uber Carshare Terms of Service; or (ii) the cost to repair the

Vehicle.

6.3. Any amount of any Covered Losses payable under the Owner Guarantee will be

reduced by the amount already paid to You or for your benefit by a Responsible

Borrower, Us or other source (such as an insurer or other at-fault/responsible party) for

all or part of the same Covered Loss.

7. PAYMENTS

7.1. If You have made a request for payment under the Owner Guarantee and such a

payment request is approved in whole or in part for a Covered Loss (any such

approved payment request, an “Approved Payment Request”), You will be paid the

amount of the Covered Loss as calculated by Us.

7.2. For an Approved Payment Request that involves Covered Losses for a Vehicle that is

owned by a party other than You, we reserve the right, in our sole discretion, to pay all

or a portion of the amount covered in such Approved Payment Request either to You

or directly to the owner of such Covered Property. If a Owner Guarantee payment for

all or a portion of such amount is made directly to the owner of the Vehicle, then You

agree that such payment will be treated for purpose of the Approved Payment

Request as being paid to You directly, and that You will be solely responsible for

collecting from the owner of the Vehicle any portion of such payment to which You

believe You are legally entitled. For clarity, your indemnification obligations set forth

below under the paragraph entitled “Indemnification” will apply to claims arising from

any payments made pursuant to the Owner Guarantee, including without limitation any

payments made directly to the owner of your Vehicle.

8. ACKNOWLEDGMENTS AND AGREEMENTS BY THE OWNER

You acknowledge and agree that:

8.1. The Owner Guarantee is a guarantee of the obligations of a Responsible Borrower to

You under the Uber Carshare Terms of Service and any benefit provided by Us is

subject to this agreement.

8.2. You cannot assign or transfer any of the benefits of the Owner Guarantee, but we may

decide to compensate the Vehicle Owner for the Covered Losses, if You do not own

the Vehicle. In such cases, no payment will be made to You.

8.3. We reserve the right, at any time, to offset or deduct from the amounts payable or paid

by Us to You under this agreement, any amounts that is entitled to by way of an

existing debt, or which is entitled to subsequently collect, from any other person or

entity who is obligated to compensate You for losses or damages.

8.4. We have the right to exercise your legal rights and seek to be subrogated to your

rights and recover against any person or entity whatsoever who is actually or allegedly

responsible for causing the losses or damages which are the subject of the Covered

Losses, even if that person or entity is a family member, spouse or relative of You and

we can assign our right to do so, to any person in our absolute discretion if it has paid

the Covered Losses. Further, You agree that, with respect to any payments made

under the Owner Guarantee by, or on behalf of, Us, You will assist in and cooperate

fully with us regarding any reasonable efforts at subrogation and recovery including

assignment of your legal rights where this is required to assist Us to make a recovery

against a third party.

9. MODIFICATION OR TERMINATION OF OWNER GUARANTEE TERMS

9.1. To the extent permissible by law, we reserve the right to modify or terminate the terms

of this agreement, at any time, in our sole discretion. If we do so, You may also Delist

your car and cancel your Uber Carshare account with immediate effect. We will notify

You by email at least 14 days before such termination. We will continue to process

any Owner Guarantee payment requests that You filed prior to the effective date of

termination, but You will not be entitled to file any new Owner Guarantee payment

requests on and from the date of our notification.

9.2. If we modify the terms of this agreement, we will post the modification on the Uber

Carshare Website at https://www.ubercarshare.com/owner-guarantee/. Your continued

access or use of the Services after receiving notice of changes or updates constitutes

your consent to be bound by the updated Owners Guarantee as amended.

9.3. In addition to and without limiting these rights, we may modify or terminate the terms

of this agreement, at any time, in our sole discretion, if: (i) the terms of this agreement

are construed to be an offer to insure or constitute insurance or an insurance contract

or insurance service agreement by any governmental or regulatory authority in any

jurisdiction; (ii) we are required to obtain a license or permit of any kind to continue to

provide this agreement in any jurisdiction; or (iii) we determine, or a court or arbitrator

holds, that the provisions of these Terms violate applicable law.

10. DISPUTES

10.1. If You dispute a decision that we make in relation to these Terms, then You may raise

the dispute with Us and we will review it and attempt to reach an informal resolution. If

we cannot reach an agreement within 30 days, any disputes will be resolved in

accordance with the Arbitration Agreement in the Uber Carshare Terms of Service.

11. GENERAL PROVISIONS; INDEMNITY

11.1. INDEMNITY. YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD UBER

CARSHARE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR OFFICERS,

DIRECTORS, EMPLOYEES AND AGENTS, harmless from and against any claims,

liabilities, damages, losses, and expenses, including, without limitation, reasonable

legal and accounting fees, arising out of or in any way connected with the Owner

Guarantee.

11.2. If You do not own the Vehicle that You Listed, the immediately preceding paragraph

applies specifically to any dispute between yourself and the owner of the Vehicle. You

are fully responsible for securing the Vehicle owner’s permission to list the Vehicle with

Uber Carshare and complying with the scope of any permission granted.

11.3. You may not assign or transfer this Owner Guarantee, by operation of law or

otherwise, without our prior written consent. Any attempt by You to assign or transfer

this agreement, without such consent, will be null and of no effect. We may assign or

transfer this Owner Guarantee, at our sole discretion, without restriction. your right to

terminate the Uber Carshare Terms of Service with Us remains unaffected. Subject to

the foregoing, this agreement will bind and inure to the benefit of the parties, their

successors and permitted assigns.

11.4. Our failure to enforce any right or provision of this agreement will not constitute a

waiver of future enforcement of that right or provision. The waiver of any such right or

provision will be effective only if in writing and signed by a duly authorized

representative of Us. Except as expressly set forth in this agreement, the exercise by

either party of any of its remedies under this agreement will be without prejudice to its

other remedies under this agreement or otherwise. If for any reason an arbitrator or a

court of competent jurisdiction finds any provision of this agreement invalid or

unenforceable, that provision will be enforced to the maximum extent permissible and

the other provisions of this agreement will remain in full force and effect.

11.5. This Owner Guarantee is governed by the Uber Carshare Terms of Service, Uber

Carshare’s Privacy Notice, the Arbitration Agreement in Section 9 of those terms

applies (except as provided in Section 10 of the Owner Guarantee), and any other

applicable terms and conditions apply to the Owner Guarantee.