Supplemental Terms: Uber Rent

1. Uber Rent

a. These Uber Rent Terms and Conditions (“Uber Rent Terms”) govern your access and use of the portal made available by Uber B.V. and its affiliated companies (collectively, “Uber”) and powered by third party car rental agencies or aggregators (including Etrawler Unlimited Company t/a CarTrawler) that enable users to reserve car rentals with third party providers and access related products and services (“Uber Rent”) within New Zealand. Those rental agencies, aggregators, and providers are called “Third Parties” or “Third Party” here.

b. Uber is not responsible for the products or services provided by Third Parties; the terms, including financial terms, under which those products, services, and services are offered; or the Third Parties’ representations. Such Third Party products or services include, but are not limited to, the application powered by CarTrawler and the cars being offered for rent by third party rental agency companies. Uber will not verify and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade, or maintenance of our platform or otherwise), inaccurate, misleading, or untrue information, nor non-delivery of information.

2. Other terms apply

a. Your access and use of Uber Rent is also governed by Uber’s General Terms of Use for New Zealand, and CarTrawler’s Terms and Conditions, as well as all other applicable terms, conditions, policies, limitations, and requirements, including, if you rent a car through Uber Rent, the terms and conditions of any Third Parties governing that rental. If, and then only to the extent that the General Terms of Use for New Zealand, or other applicable terms are inconsistent with the Uber Rent Terms, the Uber Rent Terms will control only with respect to Uber Rent.

b. By accessing or using Uber Rent, you confirm your agreement to be bound by the Uber Rent Terms. If you do not agree to the Uber Rent Terms, you may not access or use Uber Rent.

c. Uber may immediately terminate these Uber Rent Terms or Uber Rent with respect to you, or generally cease offering or deny access to Uber Rent or any portion thereof, at any time for any reason.

3. Third party terms

a. By using Uber Rent, you enter into a direct, legally binding contractual relationship with the Third Party with whom you make a reservation or purchase a product or service, under the Third Party’s applicable terms and conditions.

b. Uber acts solely as an intermediary between you and the Third Parties, transmitting the relevant details of your reservation to the applicable Third Party. You agree to comply with all terms and conditions imposed by any Third Party with whom you select to rent a car, including, but not limited to, payment of all amounts when due, and compliance with the Third Party’s rules and restrictions regarding availability, fares, and use of products or services.

c. We strongly advise that you read these Third Party terms and conditions carefully. Any insurance in connection with the car rental will be subject to the terms agreed between you and the Third Party.

d. Uber does not provide the car rental service and is not a party to your contract with the Third Party. You acknowledge that your ability to obtain car rentals through the use of Uber Rent does not establish Uber as a (i) rental car company; (ii) a provider of transportation, logistics or delivery services, or (iii) as a transportation carrier. You further acknowledge that all such car rental, transportation, or logistics services are provided by third party car rental agencies or their independent or franchise operators who are not employed by Uber or any of its affiliates. You agree that Uber has no responsibility or liability to you related to any such Third Party services other than as expressly set forth in these Uber Rent Terms.

4. Privacy

a. Uber collects, uses and discloses your first and last name, phone number, email address and

booking dates (Personal Data) from or about you. Your Personal Data will be used pursuant to Uber’s Privacy Notice.

b. We also share your Personal Data with the Third Parties as necessary to enable your use of Uber Rent. Uber and the Car Rental Companies use this Personal Data to provide you with the Services, detect and prevent fraud, for safety and security purposes and to improve products and services.

c. Third Parties will process your Personal Data in accordance with their own privacy practices and processes. Uber is not responsible for these and do not control the privacy and security of your information that may be held by Third Parties. For more information on the processing of your Personal Data by the Car Rental Companies, we encourage you to check and review their Privacy Policy.

3. Content displayed on Uber Rent

a. Third Parties may advertise, market, sell, promote, and/or offer, as applicable, cars, goods and services for rent, through which you can discover, search, compare, and make a reservation.

b. The information displayed on Uber Rent is based on the information provided to us by Third Parties including CarTrawler and car rental agencies. As such, although we will use reasonable skill and care in offering Uber Rent, we will not verify and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors including manifest and typographical errors, any interruptions, repair, upgrade, or maintenance of our platform or otherwise, inaccurate, misleading, or untrue information, nor non-delivery of information.

c. Each Third Party remains responsible at all times for the accuracy, completeness, and correctness of the information, including the rates, fees, prices, policies, conditions, availability and other relevant information that gets displayed on Uber Rent.

d. Uber Rent is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep link, use, copy, monitor (e.g. spider, scrape), display, download, or reproduce any content or information, software, reservations, tickets, products, or services available on Uber Rent for any commercial or competitive activity or purpose.

4. Uber Rent Requirements

a. As a condition of your use of Uber Rent, you warrant that:

i. you are at least 21 years old;

ii. you possess a valid driver’s licence that can be used in New Zealand and will be the primary driver on any rental car you reserve through Uber Rent;

iii. you will use Uber Rent in accordance with these Uber Rent Terms and New Zealand General Terms of Use;

iv. you will only use Uber Rent to make legitimate reservations for non-commercial purposes;

v. you will only supply information that is true, accurate, current and complete;

vii. you will not authorise third parties to use your account to access and use Uber Rent;

viii. you agree to comply with all applicable laws when accessing or using Uber Rent;

ix. you will only access or use Uber Rent for lawful purposes; and

x. you will not in your access or use of Uber Rent cause nuisance, annoyance, inconvenience, or property damage, whether to Third Parties or any other party.

5. Fees and Payment

a. In order to book an Uber Rent reservation, you will be required to provide a payment method for the rental car (including optional products and services) at the time of booking.

b. You may choose to prepay for the rental car in the Uber App using a payment method associated with your account. All such prepaid rental car charges and fees, including optional products and services, will be subject to the Third Party’s applicable terms and conditions. Any fee disputes or customer service issues for prepaid rental cars may be addressed through the Uber Help Channels.

c. Third Party’s may charge additional fees or charges under their applicable terms and conditions. For example, additional charges may apply if a partner driver is under 25 years of age. Please read the Third Party’s general terms and conditions carefully.

d. Fees charged in connection with Uber Rent do not include fees that may be charged by your bank. If you have any questions, please contact your bank directly.

6. Cancellations and refunds

a. Depending on the applicable Third Party’s terms and conditions, you may be able to cancel your rental car reservation, with or without a fee. It is important that you check the Third Party terms and conditions directly at the time of reservation for these details.

b. The Third Party may charge you a fee to change, cancel or refund your reservation, as set out in the Third Party’s terms and conditions. If so, in relation to pre-paid reservations, Uber will charge these to you on behalf of the Third Party.

c. Notwithstanding the foregoing, at a Third Party’s sole discretion, a Third Party may refuse to rent a car, cancel a rental reservation after acceptance, or attempt to arrange alternate scheduling or reservation plans for any reason consistent with the Third Party’s terms and conditions. In the event that you dispute any decision made by a Third Party regarding your car rental, you agree to work directly with the Third Party to resolve the dispute. Uber has no responsibility or liability for the decisions made by Third Parties.

7. Other Provisions

a. Uber may in its sole discretion change the Uber Rent Terms or any aspect of Uber Rent or cancel Uber Rent in accordance with the Terms. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or the Uber Rent Terms.

b. You may not assign these Uber Rent Terms without Uber’s prior written approval. Uber may assign these Uber Rent Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Uber or any Third Party as a result of the Uber Rent Terms or use of Uber Rent. If any provision of these Uber Rent Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Uber’s failure to enforce any right or provision in these Uber Rent Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Uber in writing.