a. These Uber Rent Terms and Conditions (“Uber Rent Terms”) govern your access and use of the portal made available by Uber USA LLC and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Uber”) and powered by CarTrawler or third party car rental agencies, that enable users to make car rental reservations with third party providers of rental cars and applicable products and services (“Uber Rent”). Uber is not responsible for the products and services provided by third parties, which in this case includes the web application powered by CarTrawler or third party car rental agencies, the cars being offered for rent or any applicable products or services, or for the terms and conditions (including financial terms) under which those products and services are offered. 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.
c. 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. 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.
a. Uber Rent provides an online portal that enables users to search for rental cars through a third party booking engine powered by CarTrawler or car rental agency and make car rental reservations with third party providers of rental cars and applicable goods and services (“Service Providers”) through the Uber platform. The information displayed on Uber Rent is based on the information provided to us by CarTrawler or car rental agencies and fulfilled by Service Providers. As such, the Service Providers that market and promote their products or services are fully responsible for updating all rates/fees/prices, availability, policies, conditions, and other relevant information that gets displayed on Uber Rent. 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. Uber Rent does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification, rating, or type of accommodation of any Service Provider or its facilities, venue, vehicles, products or services made available, unless explicitly indicated otherwise. 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. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN CAR RENTALS THROUGH THE USE OF UBER RENT DOES NOT ESTABLISH UBER AS A (1) RENTAL CAR COMPANY, (2) A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES, OR (3) 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.
b. Service Providers: Service Providers, in their professional conduct of business, may advertise, market, sell, promote, and/or offer, as applicable, cars, goods and services for rent, through which visitors of the Uber Platform can discover, search, compare, and make a reservation. Each Service Provider remains responsible at all times for the accuracy, completeness, and correctness of the information, including the rates, fees, prices, policies, conditions, and availability displayed on Uber Rent. By using Uber Rent, you enter into a direct, legally binding contractual relationship with the Service Provider with which you make a reservation or purchase a product or service. From the point at which you make your reservation, Uber acts solely as an intermediary between you and the Service Provider, transmitting the relevant details of your reservation to the Service Provider. UBER RENT DOES NOT SELL, RESELL, RENT OUT, OR OFFER ANY CAR RENTAL PRODUCT OR SERVICE. ADDITIONAL TERMS AND CONDITIONS REQUIRED BY SERVICE PROVIDERS WILL APPLY TO YOUR CAR RENTAL RESERVATIONS. Please read the additional terms and conditions carefully. You agree to comply with all terms and conditions imposed by any Service Provider with whom you select to rent a car, including, but not limited to, payment of all amounts when due and compliance with the Service Provider’s rules and restrictions regarding availability, fares, and use of products or services.
Uber’s Privacy Notice, currently available at https://privacy.uber.com/policy/, will apply to our collection, use and processing of your personal data. We will provide Service Providers with the data necessary to enable your use of Uber Rent, including your location and date of birth. We do not control the privacy and security of your information that may be held by Service Providers.
a. User Requirements
As a condition of your use of Uber Rent, you warrant that:
- you are at least 21 years old;
- you possess a valid driver’s license and will be the primary driver on any rental car you reserve through Uber Rent;
- you maintain personal auto insurance in accord with applicable state law that includes coverage for your use of rented vehicles;
- you will use Uber Rent in accordance with the Terms;
- you will only use Uber Rent to make legitimate reservations for non-commercial purposes;
- you will only supply information that is true, accurate, current and complete;
- you will not authorize third parties to use your Account to access and use Uber Rent;
- you agree to comply with all applicable laws when accessing or using Uber Rent;
- you will only access or use Uber Rent for lawful purposes; and
- you will not in your access or use of Uber Rent cause nuisance, annoyance, inconvenience, or property damage, whether to Service Providers or any other party.
- you agree to comply with the spirit of Uber’s Community Guidelines, which generally require that you: (1) treat everyone with respect; (2) help keep everyone safe; and (3) follow the law.
At a Service Provider’s sole discretion, a Service Provider 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 Service Provider’s terms and conditions. In the event that you dispute any decision made by a Service Provider regarding your car rental, you agree to work directly with the Service Provider to resolve the dispute. Uber has no responsibility or liability for the decisions made by Service Providers.
UBER RENT IS PROVIDED "AS IS" AND "AS AVAILABLE." UBER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE UBER RENT TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, UBER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF UBER RENT OR ANY SERVICES OR GOODS PROVIDED THROUGH UBER RENT BY SERVICE PROVIDERS, OR THAT UBER RENT WILL BE UNINTERRUPTED OR ERROR-FREE. UBER WILL NOT BE RESPONSIBLE FOR ANY INACCURACY RELATING TO THE INFORMATION DISPLAYED ON UBER RENT INCLUDING RATES AND AVAILABILITY OF THE SERVICE PROVIDER AS MADE AVAILABLE ON UBER RENT. UBER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SERVICE PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF UBER RENT, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW
TO THE EXTENT PERMITTED BY LAW, NEITHER UBER NOR ANY OF OUR DISTRIBUTORS, AFFILIATE (DISTRIBUTION) PARTNERS, LICENSEES, AGENTS, OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE UBER RENT AND ITS CONTENTS WILL BE LIABLE FOR (I) ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGES, ANY LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, LOSS OF CLAIM; (II) ANY INACCURACY RELATING TO THE INFORMATION DISPLAYED ON UBER RENT (INCLUDING RATES, AVAILABILITY, AND RATINGS) OF THE SERVICE PROVIDER AS MADE AVAILABLE ON OUR PLATFORM; (III) THE SERVICES RENDERED OR THE PRODUCTS OFFERED BY THE SERVICE PROVIDER OR OTHER BUSINESS PARTNERS INCLUDING BUT NOT LIMITED TO THE CONDITION OR AVAILABILITY OF RENTAL CARS, GOODS OR SERVICES; (IV) ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSSES, OR COSTS SUFFERED, INCURRED, OR PAID BY YOU, PURSUANT TO, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR DELAY OF UBER RENT; OR (V) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER (DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE) DAMAGES, LOSSES, OR COSTS SUFFERED, INCURRED OR PAID BY YOU, WHETHER DUE TO (LEGAL) ACTS, ERRORS, BREACHES, (GROSS) NEGLIGENCE, WILLFUL MISCONDUCT, OMISSIONS, NON-PERFORMANCE, MISREPRESENTATIONS, TORT OR STRICT LIABILITY BY OR WHOLLY OR PARTLY ATTRIBUTABLE TO THE SERVICE PROVIDER OR ANY OF OUR OTHER BUSINESS PARTNERS (INCLUDING ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, OR AFFILIATED COMPANIES) WHOSE PRODUCTS OR SERVICE ARE DIRECTLY OR INDIRECTLY MADE AVAILABLE, OFFERED, OR PROMOTED ON OR THROUGH UBER RENT, INCLUDING ANY (PARTIAL) CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR ANY OTHER EVENT BEYOND OUR CONTROL.
b. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, NEITHER UBER NOR ANY OF OUR DISTRIBUTORS, AFFILIATES, PARTNERS, LICENSEES, AGENTS, OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE UBER RENT AND ITS CONTENTS 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 OF UBER RENT, 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 OR WHOLLY OR PARTLY ATTRIBUTABLE TO THE SERVICE PROVIDER OR ANY OF OUR OTHER BUSINESS PARTNERS (INCLUDING ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, OR AFFILIATED COMPANIES) WHOSE PRODUCTS OR SERVICES ARE DIRECTLY OR INDIRECTLY MADE AVAILABLE, OFFERED, OR PROMOTED ON OR THROUGH UBER RENT, INCLUDING ANY CANCELLATIONS, OVERBOOKING, STRIKE, FORCE MAJEURE, OR ANY OTHER EVENT BEYOND OUR CONTROL, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UBER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON UBER RENT OR YOUR INABILITY TO ACCESS OR USE UBER RENT; (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SERVICE PROVIDER, (iii) THE CONDITION OF THE RENTAL CAR, PRODUCTS OR SERVICES OFFERED BY SERVICE PROVIDERS, OR (iv) YOUR USE OF ANY RENTAL CAR, PRODUCT OR SERVICE PROCURED USING UBER RENT, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UBER'S REASONABLE CONTROL.
YOU ASSUME EXPOSURE TO AND RISK OF ANY LOSS, THEFT, TAMPERING OR DELAY IN YOUR USE OF UBER RENT. ANY INSURANCE IN CONNECTION WITH THE CAR RENTAL WILL BE SUBJECT TO THE TERMS AGREED BETWEEN YOU AND THE SERVICE PROVIDER(S).
UBER RENT MAY BE USED BY YOU TO REQUEST AND SCHEDULE GOODS OR SERVICES WITH THIRD PARTY SERVICE PROVIDERS, BUT YOU AGREE THAT UBER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES OR PRODUCTS PROVIDED TO YOU BY SERVICE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE UBER RENT TERMS.
You agree to indemnify and hold Uber and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of Uber Rent, (ii) your use of rental cars or any other goods, services or products (including but not limited to vehicle(s)) obtained from Service Providers through your use of Uber Rent); (ii) your breach or violation of any of these Uber Rent Terms; (iii) Uber's use of your User Content; or (iv) your violation of the rights of any third party, including Service Providers.
a. Possible Limitations on Your Personal Auto Insurance
You understand that while you rent a vehicle via Uber Rent your personal automobile insurance policy may not afford liability, comprehensive, collision, medical payments, personal injury protection, uninsured motorist, underinsured motorist, or other coverage for you. If you have any questions or concerns about the scope or applicability of your own insurance coverage, it is your responsibility to resolve them with your insurer.
b. Uber Maintained Insurance
Uber may in its sole discretion, choose to maintain auto insurance related to your use of Uber Rent, but it is not required to provide you with any specific coverage for loss to you or the vehicle, unless we specifically describe it in an addendum to these Uber Rent Terms. We can change, reduce or cancel insurance that is maintained by us, if any, at any time without notice to you or authorization from you.
a. Agreement Changes
Uber may in its sole discretion change the Uber Rent Terms or any aspect of Uber Rent, or cancel Uber Rent at any time without notice to you. To the maximum extent permitted by law, your continued use of Uber Rent after the effective date of the revised Uber Rent Terms constitutes your acceptance of 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.