This Drive Pass Agreement is between you and your company/business (“you”) and Uber Technologies, Inc., (“Uber”).
You are also party to a Platform Access Agreement (“your PAA”) by and between you Uber. For the sake of clarity and depending on the context, references to “we,” “our” and “us” mean Uber. Capitalized terms used herein but not defined shall have the meanings ascribed to them in your PAA. This Drive Pass Agreement applies only to your provision of P2P Service in California.
This Drive Pass Agreement governs your purchase and use of the “Drive Pass,” a product that allows you to pay a fixed amount upfront in exchange for not paying a separate, per-trip Service Fee for ride requests included in the Drive Pass. In connection with each purchase of a Drive Pass you will be presented with offers (described below). The offer selected in connection with your Drive Pass purchase is referred to as “your Offer”.
By accepting this Drive Pass Agreement, or by purchasing the Drive Pass, you confirm that you have read, understand, and accept the provisions of this Drive Pass Agreement as well as of the terms of your Offer and intend to be bound by each of them (collectively, the “Drive Pass Documents”). Each Drive Pass Document is effective as of the date and time you accept it.
You may receive an offer in-app to purchase the Drive Pass which will apply to a set number of ride requests during a set period (“Pass Period”) and area (together, the “Offer”). There may be several Offers available through Drive Pass and each Offer may consist of different perks and may be subject to additional and different prices, conditions, policies, and restrictions. Please refer to your Offer for details and restrictions before purchasing Drive Pass.
Ride Requests; No Cancellations or Refunds
Every eligible ride request (see restrictions below) you receive after purchasing your Drive Pass counts as one ride request in your Drive Pass, whether you accept, cancel, or decline. Rider cancellations will not count as ride requests in your Drive Pass.
The number of ride requests you receive will depend on where, when, and how often you drive and you should think about how often you plan to drive when deciding which Drive Pass to purchase. Purchasing the Drive Pass does not guarantee that you will receive any ride requests during the Pass Period and the purchase of the Drive Pass is non-transferable and non-refundable even if you do not receive the number of ride requests set forth in your Offer or decline or cancel those requests. Your Drive Pass will expire on the earlier of the date on which you have received the number of ride requests indicated in your Offer you accepted or the end of the Pass Period. You cannot pause or temporarily suspend your Drive Pass during the Pass Period.
- Unless otherwise stated in the Offer, Drive Pass can only be used with UberX trips in California.
- Drive Pass may not be combined with driver promotions, including but not limited to quest and boost.
- Deliveries via Uber, including with Uber Eats, Uber Connect, and Uber Direct, are not eligible for Drive Pass.
- You may not have more than one active Drive Pass at a time.
Drive Pass can only be purchased using your balance in your Drive Wallet. When you purchase a Drive Pass, you will be charged the price specified in the Driver App (“Drive Pass Price”) and such Drive Pass Price will be immediately deducted from your Driver Wallet, which may include gratuities. In cases where your Driver Wallet balance becomes less than zero as a result of charging the Drive Pass Price, you agree that we may recoup the Drive Pass Price from your account immediately upon such balance being positive and that we may continue to recoup any positive balance in your Driver Wallet until the Drive Pass Price is paid in full. You will not be able to cash out until the Drive Pass Price has been paid in full.
For example, if you have a negative balance of $50 after purchasing a Drive Pass, and you earn $25 the following day, then we will recoup the $25 immediately. The remaining $25 will be recouped as you earn more.
Drive Pass allows you to pay a fixed amount upfront in exchange for not paying a separate, per-trip Service Fee for ride requests included in Drive Pass. If you purchase a Drive Pass, then your payment of the Drive Pass Price will constitute your payment of the Service Fee for the ride requests included in the Drive Pass. As a result, you will not be charged any subsequent per-trip Service Fee for the ride requests included in the Drive Pass. For the avoidance of doubt, you will not be charged a fee to access our Platform.
You agree that Uber may cease offering Drive Pass or modify this Drive Pass Agreement at our discretion, at any time with notice. However, if you purchased a Drive Pass and Uber terminates offering Drive Pass or makes material changes to the Drive Pass Agreement that would impact your use of the Drive Pass while you have an active Drive Pass, then Uber will, as determined by Uber in its sole discretion, either: (a) provide you a pro rata refund of the Drive Pass Price based on the number of ride requests remaining in your Drive Pass at the time Uber terminates offering Drive Pass or (b) honor the terms of the Drive Pass Agreement before implementing the changes solely for the duration of the active Drive Pass.
You also agree that Uber may terminate your Drive Pass and this Drive Pass Agreement during the Pass Period without notice if we determine in our sole discretion that a Material Breach or Violation has occurred. Uber will not provide any refund in cases where a Material Breach or Violation has occurred.
Uber may freely assign or transfer this Drive Pass Agreement or any of our rights or obligations with respect to any Drive Pass, in whole or in part, without your prior consent. You agree not to assign this Drive Pass Agreement or your Drive Pass, in whole or in part, without Uber’s prior written consent, and any attempted assignment without such consent is void.
IN ADDITION TO ANY OTHER LIMITATIONS IN THE DRIVE PASS AGREEMENT, UBER’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF DRIVE PASS, WILL NOT EXCEED THE DRIVE PASS PRICE OF THE LAST DRIVE PASS YOU PURCHASED. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR DRIVE PASS OR THIS DRIVE PASS AGREEMENT.
Upon acceptance, the Drive Pass Documents are incorporated by reference and a part of your PAA. Except where modified above, the remainder of the PAA shall remain unchanged. This Drive Pass Agreement replaces and supersedes any previous drive pass agreement that you have accepted.
In addition to the Drive Pass Documents, each Drive Pass is also governed by the Agreement, including other applicable terms, conditions, policies, limitations and requirements set forth in the app or on the Uber website. Conflicts between the Drive Pass Documents and the Agreement shall be governed by Section 12.4 of the Agreement.
To the extent of any conflict between this Drive Pass Agreement and the terms of your Offer, the terms of your Offer shall control with respect to such conflict.