a. These Uber Rent Terms and Conditions (“Uber Rent Terms”) govern your access and use of applications, websites, content, products, and services (the “Technology Services”) made available by Uber USA LLC and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Uber”) that enable users to make car rental reservations (“Uber Rent”). Uber is not responsible for the products and services provided by third parties, or for the terms and conditions (including financial terms) under which those products and services are offered.
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 enables users to make car rental reservations with third party providers of rentals and applicable services (“Service Providers”) through the Uber platform. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN CAR RENTALS THROUGH THE USE OF UBER RENT DOES NOT ESTABLISH UBER AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER AND THAT ALL SUCH 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.
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.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH UBER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
By agreeing to the Uber Rent Terms, you agree that you are required to resolve any claim that you may have against Uber on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Uber, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Uber by someone else.
You and Uber agree that any dispute, claim or controversy arising out of or relating to (a) the Uber Rent Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of Uber Rent at any time, whether before or after the date you agreed to the Uber Rent Terms, will be settled by binding arbitration between you and Uber, and not in a court of law. Notwithstanding the foregoing, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of Uber Rent, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration. Uber agrees to honor your election of forum with respect to your individual sexual assault or sexual harassment claim but in so doing does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided in the following paragraph, which will continue to apply in court and arbitration), controversy, claim or dispute.
You acknowledge and agree that you and Uber are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Uber otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Uber each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Uber Rent Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Uber Rent Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Unless you and Uber otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Uber submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Uber will not seek, and hereby waives all rights Uber may have under applicable law to recover attorneys’ fees and expenses if Uber prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Uber will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions in Section 1 above, regarding consent to be bound by amendments to these Uber Rent Terms, if Uber changes this Arbitration Agreement after the date you first agreed to the Uber Rent Terms (or to any subsequent changes to the Uber Rent Terms), you may reject any such change by providing Uber written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Uber USA, LLC (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account to: email@example.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Uber in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Uber Rent Terms (or to any subsequent changes to the Uber Rent Terms).
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Uber Rent Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
As a condition of your use of Uber Rent, you warrant that:
- you are at least 18 years old;
- 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.
At a Service Provider’s sole discretion, a Service Provider may refuse to rent a car, or cancel a rental reservation after acceptance for any reason; provided at all times, Service Providers must comply with the Community Guidelines.
If the Service Provider is not able to complete the car rental or reservation for any reason, the Service Provider may attempt to arrange alternate scheduling or reservation plans with you. Any such alterations are subject to the Service Provider’s terms and conditions provided upon reservation confirmation.
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 REQUESTED THROUGH THE USE OF UBER RENT, OR THAT UBER RENT WILL BE UNINTERRUPTED OR ERROR-FREE. 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.
UBER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF UBER RENT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF UBER, 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; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SERVICE PROVIDER, 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 DELIVERY OR LOGISTICS SERVICES PROVIDED TO YOU BY SERVICE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE UBER RENT TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, UBER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON UBER’S CHOICE OF LAW PROVISION SET FORTH BELOW.
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 or services or goods obtained 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.
Uber may in its sole discretion change the Uber Rent Terms or any aspect of Uber Rent, the Technology Services 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.
These Uber Rent Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to you. However, the choice of law provision regarding the interpretation of these Uber Rent Terms is not intended to create any other substantive right to non-Californians to assert claims under California law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 5 of these Uber Rent Terms, are only intended to specify the use of California law to interpret these Uber Rent Terms and the forum for disputes asserting a breach of these Uber Rent Terms, and these provisions shall not be interpreted as generally extending California law to you if you do not otherwise reside in California. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 5 or to any arbitrable disputes as defined therein. Instead, as described in Section 5, the Federal Arbitration Act shall apply to any such disputes.
Claims of copyright infringement should be sent to Uber's designated agent. Please visit Uber’s web page at https://www.uber.com/legal/intellectual-property/copyright/global for the designated address and additional information.
Uber may give notice by electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Uber, with such notice deemed given when received by Uber, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o Uber USA, LLC. The name and current contact information for the registered agent in each state are available online here.
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 Service Provider 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. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Uber Rent Terms.