Additional Terms: Uber Rent - Canada

1. Uber Rent

These Uber Rent Terms and Conditions (“Uber Rent Terms”) govern your access and use of the portal made available by Uber Castor Canada Inc. 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”). Those rental agencies, aggregators, and providers are called “Third Parties” here.

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.

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.

Your access and use of Uber Rent is also governed by Uber’s Terms and Conditions for Canada (the “Terms”), as well as all other applicable terms, conditions, policies, limitations, and requirements. If, and then only to the extent that the Terms, or other applicable terms are inconsistent with the Uber Rent Terms, the Uber Rent Terms will control only with respect to Uber Rent.

You promise that:

• you are at least 21 years old. You understand that a young-driver fee may be assessed for users under 25 years old, as determined at the Third Party’s sole discretion;
• you have a valid driver’s license and will be the primary driver on any rental car you reserve through Uber Rent;
• you will only supply information that is true, accurate, current and complete;
• you will not authorize third parties to use your Uber 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;
• you will not 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 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.

Your use of Uber Rent does not make Uber a rental car company; a provider of transportation, logistics, or delivery services; or a transportation carrier.

2. Third Parties

ADDITIONAL TERMS AND CONDITIONS REQUIRED BY THIRD PARTIES WILL APPLY TO YOUR CAR RENTAL RESERVATIONS. Your access and use of Uber Rent is also governed by CarTrawler’s Terms and Conditions. Please read these additional terms and conditions carefully.

You agree to comply with all terms and conditions imposed by any Third Party you select to rent a car from, including 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.

The Third Parties are fully responsible for updating all rates, fees, prices, availability, policies, conditions, and other relevant information displayed on Uber Rent. Uber will not verify and cannot guarantee that any information is accurate or complete, nor can we be held responsible for any inaccurate or misleading information provided to Uber by Third Parties, or for the non-delivery of information. Uber is not responsible for any errors, interruptions, inaccurate, misleading, or untrue information, nor non-delivery of information.

By using Uber Rent, you enter into a direct, legally binding contractual relationship with the Third Party with which you make a reservation or purchase a product or service, under the Third Party’s applicable terms and conditions, including as to payment. Uber acts as a connector between you and the Third Party, transmitting the relevant details of your reservation to the Third Party.

At a Third Party’s sole discretion, a Third Party may refuse to rent a car, or cancel a rental reservation after acceptance for any reason, or attempt to arrange alternate scheduling or reservation plans for any reason consistent with the Third Party’s terms and conditions.

If the Third Party is not able to complete the car rental or reservation for any reason, the Third Party may attempt to arrange alternate scheduling or reservation plans with you. Those alterations are subject to the Third Party’s terms and conditions.

If 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 for decisions made by Third Parties.

3. Privacy

Uber’s Privacy Notice for Canada applies to our collection, use, and processing of your personal data. We will provide Third Parties with the data necessary to enable your use of Uber Rent, including first name, last name, cell phone number, email, your location, date of birth, and your chosen rental location. We do not control the privacy and security of your information held by Third Parties.

4. Insurance

You will comply with all relevant insurance laws relating to your car rental.

When you rent a vehicle via Uber Rent, your personal automobile insurance policy may not afford any coverage, including liability, comprehensive, collision, health care, personal injury protection, uninsured motorist, underinsured motorist, or other coverage. If you have any questions or concerns about the scope or applicability of your own insurance coverage, you must resolve them with your insurer.

Any insurance in connection with the car rental will be subject to all relevant terms agreed between you and the Third Party.

5. Arbitration Requirement

You are free to get advice or representation from a lawyer about the arbitration requirement.

Unless prohibited by law, all disputes with Uber arising out of or relating in any way to Uber Rent 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.

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>.

You will have to pay some fees to arbitrate, as described in the ADRIC Rules.

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).

Nothing here prevents you from filing a claim with a government agency.

This arbitration requirement survives the termination of these Uber Rent Terms and the bankruptcy of any party. If any part of it is deemed invalid or unenforceable, the other parts remain in force.

6. Disclaimers; Limitation of Liability; Indemnity

(a) Disclaimer

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. 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.

(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 a Third Party or any other party (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 Third Party; (iii) the condition of the rental car, products, or services offered by Third Parties; 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.

You assume exposure to and risk of any loss, theft, tampering, or delay in your use of Uber Rent.

You agree that Uber has no responsibility or liability to you related to any services or products provided to you by Third Parties other than as expressly set forth in these Uber Rent Terms.

(c) Indemnity

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 costs), 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 Third Parties 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 Third Parties.

7. Other Provisions

(a) Agreement changes

Uber may in its sole discretion change the Uber Rent Terms or any aspect of Uber Rent, or cancel Uber Rent 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 you do not agree with the changes, you are free to stop using Uber Rent at any time. 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) General

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. These Uber Rent Terms are governed by and construed in accordance with the laws of Ontario, Canada, excluding its rules on conflicts of laws.