VEHICLE PROTECTION

Last Modified: August 23, 2023

1. GLOSSARY

Accident

means any collision between the Vehicle and any other object,

including another vehicle, or any other incident or occurrence that

results in the Vehicle being damaged, lost or destroyed.

Authorized

Driver

means any Borrower, or person authorized by the Borrower who has

completed the Uber Carshare Borrower verification process and who

for the length of a Booking is otherwise eligible to borrow a vehicle

through the Uber Carshare platform, and drives a car during your

Booking.

Booking

means an instance where a Borrower uses the Uber Carshare

platform to reserve a Vehicle belonging to an Owner.

Booking

Period

means the time period of a Booking as recorded in the Booking

System during which a Borrower or other Authorized Driver is

authorized to use a Vehicle (including any amendments to that

period that are made and accepted through the Booking System).

Booking

System

means the technology that coordinates Bookings and payments

through the Uber Carshare platform.

Borrower

means a person who borrows, or makes a Booking to borrow, a

Vehicle using the Uber Carshare platform.

Damage and

Loss

means:

● damage to the Vehicle that requires repair or replacement

(excluding normal wear and tear);

● towing (excluding any towing in excess of 25 miles), storage

and recovery charges; and

● fees and charges relating to the assessment or quantification

of the loss or damage;including any applicable taxes.

Deductible

means the amount we will charge your preferred payment method in

respect of an Event, as set out in your Protection Schedule.

Event

means an event where Trip Damage and Loss occurs at the same

address and time. For example, once you have picked up a Vehicle,

if you scrape it when backing out of the driveway it will be one Event.

If, later during the Booking Period, you have a collision with a third

party driver, it will be considered a second Event.

Fee

means the total amount of fees plus any taxes that a Borrower is

required to pay to access Vehicle Protection for the duration of each

Protection Period.

Owner

means a person who makes their Vehicle available for Bookings

through the Uber Carshare platform.

Protection

Limit

means the maximum amount payable for any one Damage or Loss

or series of Damage or Loss arising out of any one Event, as set out

in the Protection Schedule.

Protection

Schedule

means the schedule attached to and made part of this document.

Trip Damage

and Loss

means Damage and Loss that occurs during a Booking Period and

that a Borrower is responsible for under the terms of the Uber

Carshare Terms of Service.

Vehicle

means a vehicle including its standard modifications and accessories

as supplied by the manufacturer, keys, remote opening devices and

tolling device, made available for sharing through the Uber Carshare

platform.

We, us, our

Uber Carshare US LLC and any affiliated companies.

You, yours

means a Borrower who has purchased Vehicle Protection as

described in the Protection Schedule.

2. WHAT DOES VEHICLE PROTECTION COST?

2.1. The Fee for Vehicle Protection will be priced according to the level of the plan you

take. There are risk factors that may also be considered including the age of the

Authorized Driver(s). The level of plan that you choose and the Fee for your Vehicle

Protection will be quoted as a dollar amount onscreen when you make a Booking.

This will also be confirmed in an email confirming your Booking or you make any

changes to your Booking.

3. CLAIMS

3.1. How to submit a claim:

● Claims can be made through the Uber Carshare Website.

4. CANCELLING YOUR MEMBERSHIP AND TRIP COVER

4.1. You may cancel Vehicle Protection at any time by canceling your Booking as directed

in the Uber Carshare app. If you have paid for the Booking, your Contribution will be

refunded.

5. WHAT IS PROTECTED?

5.1. With Vehicle Protection, the requirement for you to return the Vehicle free from Trip

Damage and Loss that you are responsible for under the Uber Carshare Terms of

Service is waived up to the amount of the Protection Limit for Trip Damage and Loss

that occurred during the Booking Period, subject to:

● any condition or exclusions set out in this Protection wording; and provided

that:

○ you have paid the Fee;

○ you notified us of the claim within 48 days of the Event resulting in the

claim, and that Event arose during the Booking Period;

○ you seek our approval for, and we have approved, the costs and

expenses prior to them being incurred by you; and

○ the Protection Limit will apply in respect of each Event.

Vehicle Protection is a limitation of your contractual liability to return the Vehicle without

damage. Vehicle Protection is not insurance. Trip Loss and Damage may be covered by

your own insurance or insurance provided by the issuer of the credit card you use to pay for

the Vehicle.

5.2. Deductible

● You will need to pay a Deductible in respect of each Event, as set out in the

Protection Schedule. We will charge your payment method for the Deductible

if you make a valid claim.

6. WHAT IS NOT PROTECTED?

6.1. Vehicle Protection does not include Damage and Loss arising from any circumstance

where you or your Authorized Drivers operate or use the Vehicle:

● to carry cargo or baggage that damages the Vehicle or exceeds the Vehicle’s

carrying capacity;

● to carry a number of passengers that exceeds the number that the Vehicle is

designed to carry or the number of available seatbelts;

● to carry passengers or property for hire, fare or reward or make commercial

deliveries;

● to pick up hitchhikers or persons unknown to you;

● to transport any inflammable, hazardous, toxic, volatile, poisonous, dangerous

or illegal substances or items;

● in connection with any illegal activity;

● in contravention of any traffic regulations;

● in an unsafe or unroadworthy condition;

● to engage in any motor sport, time trial, competitive driving or racing or

off-road driving;

● to push, propel or tow another car, trailer or any other thing;

● to jump start another Vehicle, or where you attempt to jump start the Vehicle;

● in any way that is reckless, illegal, abnormal or likely to damage the Vehicle or

cause a danger to persons or property;

● whilst operating any device that requires the use of one or both hands while

driving, including but not limited to mobile phones, mobile computers, or

devices that allow texting;

● while you are or your Authorized Driver is under the influence of alcohol or

drugs or both to the extent that you are or your Authorized Driver is incapable

of having proper control of the Vehicle or while your or your Authorized

Driver’s blood alcohol content or the level of drugs present in your or your

Authorized Driver’s blood exceeds the limit specified by the law of the state or

territory in which the Vehicle is driven;

● if you or your Authorized Driver refuse to submit to a drug or alcohol test;

● on any road or other surface which is not sealed;

● any area where or under any circumstances (including crossing a waterway or

transporting a Vehicle across a waterway) where the Vehicle may or does

become partially or totally immersed in water;

● any area above the snow line (being above the altitude of 1250m) during the

gazetted snow season or in any other area under conditions where a

reasonable person would use snow chains;

● on any beach or in any other area exposed to saltwater;

● in any location or region specified by Us as an area or region in which the

Vehicle must not be used;

● in any circumstances where the Vehicle may or does sustain damage to the

body or undercarriage as a result of making contact with a stationary object

overhanging or on the road surface (including driving or attempting to drive

under, over or around any such object);

● in any circumstances where the Vehicle sustains damage to the roof area

including but not limited to the fitting of roof racks (or similar devices) or the

carriage of items on the roof, standing or sitting on the roof or making contact

with overhanging objects;

● in any circumstances where the Vehicle is refueled with fuel other than that

which is recommended by the Vehicle manufacturer or specified by the

Owner;

● after any warning lights or messages becoming illuminated or displayed in the

Vehicle, or if you become aware of any mechanical fault with the Vehicle;

● where the Vehicle has manual transmission and is driven by a person who

has less than two years' experience of regularly driving cars with manual

transmission.

6.2. Vehicle Protection also does not include Damage and Loss arising from:

● your failure to correctly lock the Vehicle or to secure the key during a Booking

Period or when returning the Vehicle;

● use of the Vehicle by any person who is not an Authorized Driver;

● use of the Vehicle by any person who holds a learner or provisional driver

license or permit;

● legal costs to defend criminal acts or fines for breaches of road traffic statutes;

● damage to property belonging to, or in the custody of, you, or any relative or

friend of yours who ordinarily resides with you;

● the theft or loss of personal belongings from the Vehicle;

● any penalties, fines, punitive, exemplary or aggravated damages for which

you or your Authorized Drivers are liable;

7. IMPORTANT CONDITIONS

7.1. You will not be eligible for Vehicle Protection if you:

● fail to inform us about something that you know or should know is relevant to

a claim, or provide false information, or if fraud is involved;

● have breached any material obligation of, or have used the Vehicle in

contravention of, the Uber Carshare Terms of Service;

● fail to report Damage and Loss to the Vehicle from hail, flood, fire, storm,

cyclone or other natural disaster as soon as possible and no more than 48

hours after it occurs, and pay your Deductible for that Event;

● fail to inform us within 48 hours about an Accident or theft of the Vehicle that

occurs, even if you are not sure whether the Vehicle or other property was

damaged;

● leave (or if your Authorized Driver leaves) the scene of the Accident before

exchanging details with the other party or parties involved in the Accident or

before police or emergency services attend the Accident scene, or if you or

your Authorized Driver fails to cooperate with police or emergency services;

● fail to report the theft of a Vehicle in your possession to the police as soon as

reasonably possible after you become aware of the theft;

● provide false or misleading information to Us or the police in relation to a theft,

or fail to provide Us or the police with any relevant information in connection

with the theft;

● fail to:

○ promptly give us any information, papers or other documents that you

receive concerning an Accident or theft; or

○ authorize us to obtain copies of any police witness statements or

reports made or able to be obtained by you in relation to an Accident,

theft of the Vehicle or police charges against you;

● fail to assist us with any claim or action brought in respect of an Accident or

theft of the Vehicle;

● have not provided correct or complete information about your driving history to

● have not informed us of a change to your Driving History details before or

during the Booking Period, including (but not limited to) any vehicular

accidents that you are involved in, new events in your Driving History and any

other matters that may affect your eligibility as a Borrower;

● fail to provide evidence, within 10 business days of our request, that the

information that you have provided to us about your Driving History is correct

and complete.

7.2. You will not have to pay your Deductible if Damage and Loss was caused by another

vehicle and we agree that:

● you are not at fault;

● you are able to identify the other vehicle and provide its registration number

and the owner's name, home or business address, telephone number and

license number; and

● we recover the full amount of Damage and Loss from the third party or their

insurer.

8. SUBROGATION

8.1. You agree that when we pay a claim, in addition to any common law and equitable

rights of subrogation that we may have:

● we assume all of your rights of recovery against any other party in respect of

the Damage and Loss. You permit us to bring legal or other action in your

name to enforce those rights. You agree that we may at our discretion bring a

legal action in your name to enforce these rights and also request any

payment through that enforcement to be paid directly to our bank account of

choice and agree to terms to settle the claim without further notice to you or

approval from you;

● if you are eligible for a future reimbursement by a third party (for instance from

the "at fault" driver who is responsible for the Damage and Loss), you agree

that we are entitled to those proceeds recoverable from the third party;

● you will provide all reasonable assistance to us to recover such amounts

and/or settle claims (including providing documents and affidavit or witness

statements or signing a settlement agreement).

9. RECOVERY

9.1. We will charge your payment method for the Deductible and any other amount

payable for Trip Damage and Loss under the Uber Carshare Terms of Service if:

● you are responsible for Trip Damage and Loss, and we do not pay your claim

for Vehicle Protection;

● you are responsible for Trip Damage and Loss, and fail to make a claim; or

● if a third party causes Trip Damage and Loss and you are not at fault, we will

charge your credit card and refund any amount that we are able to recover

from the at-fault third party.

10. PROTECTION LIMIT

10.1. Your Protection Limit is stated in the Protection Schedule.

11. TERMS OF SERVICE, PRIVACY AND ARBITRATION

11.1 This Vehicle Protection agreement is governed by the Uber Carshare Terms of

Service. The Uber Carshare Privacy Notice, the Arbitration Agreement in Section 9

of those terms, and any other applicable terms and conditions apply to this Vehicle

Protection agreement.