THE TRIP SUMMARY AND CARSHAiR AGREEMENT ARE COLLECTIVELY REFERRED TO AS THE “AGREEMENT” FOR THE TRIP DURATION. THE HOST, THE RENTER, OR THE SAD IDENTIFIED ON THE TRIP SUMMARY WERE CONNECTED ONLINE THROUGH carSHAiR’s WEBSITES, MOBILE APPLICATIONS, AND/OR ASSOCIATED SERVICES. THE HOST AND RENTER AGREE TO BE BOUND BY THE TERMS OF CONDITIONS IN THE CAR SHARING AGREEMENT ON THE FOLLOWING PAGES, INCLUDING carSHAiR TERMS OF SERVICE AND POLICIES.
- “Company” (also known as carSHAiR) refers to SHAiR Your Car, Inc., 1805 Placentia Avenue Costa Mesa, CA 92627.
- “Extras” for the purposes of this Agreement means any additional objects belonging to the Host or the vehicle.
- “Host” for the purposes of this Agreement means the vehicle owner shown on the trip receipt.
- “Receipt” (also referred to as either “Trip Receipt” or “Confirmed Trip”), refers to the financial transaction.
- “Renter” means the person or entity identified on the Trip Summary as “Renter” who has been authenticated and verified by the Company.
- “SAD(s)” means any individual in addition to a Renter who is approved by carSHAiR to operate the Vehicle. This includes individuals identified on the trip Details as APPROVED DRIVER(S).
- “Trip Duration” means the period between the time the Renter takes possession of the Vehicle until the Vehicle is returned or recovered and in either case, checked in by the Renter.
- “Trip End” (also referred to as Check-In) means the return date when the Renter releases the vehicle back to the Host.
- “Trip Start” (also referred to as Check-Out) means the pickup date when the Renter takes possession of the vehicle.
- “Trip Summary” (also referred to as either "the Booking”, or “Reservation” in this Agreement) means the details and/or item lists in the trip receipt.
- “User” refers to Host, the Renter, or SAD(s).
- “Vehicle” means the object used as a means of transportation and is identified on the Trip Summary.
“Host” Specific Terms
The Host listed the Vehicle booked by the Renter through the Company. The Host represents and warrants that the Vehicle meets all Company requirements and that the Host owns or otherwise has all the necessary rights and permissions to share the Vehicle. The Host agrees and acknowledges that documentation of the Vehicle and ownership may be requested by the Company for verification. The Host promises that the information provided about the Vehicle is true and the vehicle details are accurately described, such as vehicle identification number, license plate number, etc.
Vehicle Availability & Verification Check
The Host will make the Vehicle available and any Extras or deliver the Vehicle and any Extras as expected by the Renter. The Host is required to accurately supply the location of the Vehicle and ensure that the Vehicle is accessible and available at that location at the beginning of the Trip. The Host may change the check-out or check-in location only when the Renter has agreed with prior electronic consent within the Company’s messaging feature. In order to qualify for available coverage and related protections, the Host must verify the Renter provides two current government-issued identifications; (1) primary identification must be a valid driver’s license which matches the name on the Trip Summary and the person picking up the Vehicle appears to match the photograph driver’s license, except where such verification is done through the Company for remote access trips and (2) a secondary identification must be the Renter’s payment method used for booking, this identification must match the name as it appears on the valid renter’s license; e.g, Mastercard, Visa, American Express, etc.
Vehicle Maintenance & Safety
The Host is required to regularly check the Vehicle and any Extras for any defects in its operations for safety. Host promises that, at all times, the Vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. The Vehicle has a clean, non-salvaged, non-washed, and non-branded title. Host agrees to respond to any applicable recall or similar safety notices and to complete any recommended action prior to accepting a confirmed trip for the Vehicle. If the Host violates these terms, the Host has forfeited any coverage protection provided by the Company and its partners or affiliates.
The Host agrees to have both Samsara and Spieron devices installed in their Vehicle or similar devices that are accepted by the Company to, 1; use the devices to gather any information concerning the vehicle, 2; use that information to assist in the repossession of the Vehicle or exercise any Company remedies under this agreement, and 3; give that information to other persons who may or may not be affiliated with Company in connection with the repossession of the Vehicle or other exercise of the remedies under the contract. The Host understands that a Samara device tracks data which includes: location/routes, speed, mileage, distance, and stop time and stop duration. The device will also track erratic driving behavior which includes: harsh braking, harsh cornering, hard acceleration, possible accident, and no seatbelt while the vehicle is in motion of 6 mph or more. At any point, the Spieron device allows the Host to facilitate crucial data collection, monitor default predictions, locate the vehicle, and disable the vehicle if a Renter or SAD(s) has breached this agreement. If the Host declines the Company’s preferred telematics and security devices, the Host is required to have their devices approved by the Company prior to accepting a trip from a Renter and must agree to share any and all trip data. If the Host does not provide this information to the Company, the Host will be ineligible to submit a claim or request reimbursements. Without any of these devices, the Host acknowledges that any additional coverage provided by the Company and its partners or affiliates will be waived and any claims made throughout the trip duration will be denied.
Check-Out and Check-In Documents
The Host agrees to document the vehicle’s condition with a minimum of 8 interior and 8 exterior time-stamped photos and a minimum of one video at check-out and one at check-in. The Host understands if there are any incidentals related to the vehicle, these documents will be requested by the Company, reviewed by the Company, and cross-referenced with the Renter’s documents. If the Host does not have the required documentation, neither the Renter, nor SAD(s), nor the Company, its partners, or affiliates will be held responsible for any fees related to the vehicle, and the Company will not be required to assist the Host in any additional collection of fees.
Reimbursement and Fees
The Host agrees to the minimums and maximums allotted for incidentals outlined in the Company’s policies. The Host cannot exceed these fees unless otherwise permitted by law. The Host is required to submit reimbursements related to a Renter’s trip within the time period allotted for each incidental. If the Host does not submit the reimbursement request and required documents within the required time period, the Renter or SAD(s) may not be held responsible for the incidentals. The Host acknowledges that all additional trip fees, otherwise known as a reimbursement, are the sole discretion and approval of the Company.
Other Insurance, Coverage & Legal Matters
The Host shall comply with any and all applicable laws and regulations, including applicable registration requirements for the Vehicle. The Host must maintain registration information and any coverage information in the Vehicle during the Reservation Period. Trips in the state of New York will not be provided any coverage via the Company, its affiliates, or partners.
“Renter” and “SAD” Specific Terms
Check-Out and Check-In Documents
The Renter agrees to document the Vehicle’s condition with a minimum of 8 interior and 8 exterior time-stamped photos and a minimum of one video at check-out and check-in. The Renter acknowledges if there are any incidentals, these documents will be requested by the Company, reviewed by the Company, and cross-referenced with the Host’s documents. If the Renter does not have the required documentation, the Renter will be held solely responsible for any fees related to the vehicle.
Ownership, Vehicle Condition & Warranty Exclusion
The Renter acknowledges that the Hosts own or controls the Vehicle and any Extras are, not the Company. The Renter agrees the Renter received the Vehicle and any Extras in good physical and mechanical condition unless otherwise identified in pre-trip photos. The Renter is taking possession of the Vehicle and any Extras “AS-IS” and has had an adequate opportunity to inspect the Vehicle and any Extras and their operation. Host excludes all warranties, both express and implied, with respect to the Vehicle and any Extras, including any implied warranty of merchantability or fitness for a particular purpose. Renter agrees not to alter or tamper with the vehicle or any Extras. If Renter or SAD(s) determines the Vehicle or any Extra is unsafe, Renter or SAD(s) must stop operating the Vehicle and any Extra and notify the Host immediately.
The Host is not responsible for any damage to, loss, or theft of, any personal property of the Renter or data contained therein, whether the damage or theft occurs during or after the termination of the trip regardless of fault or negligence. The Renter and SAD(s) acknowledge and agree that no bailment is or shall be created upon the Host, whether actual, constructive, or otherwise, for any personal property carried in or left in the Vehicle or on the Host’s premises. The Renter and SAD(s) further acknowledge that any personal data or information downloaded or transferred to the Vehicle may not be secure and may be accessible after the Reservation Period. The Renter and SAD(s) release the Host from any liability resulting from or otherwise arising out of any such data or information being accessed or utilized by a third party thereafter.
The Company does not permit subleasing of the Host’s vehicle by the Renter or SAD(s). The Renter and SAD(s) may not participate in unlawful activities throughout the trip Duration while using the Company’s services. The Renter and SAD(s) agree to not participate in rallies, races, (sanctioned and unsanctioned), speed tracks, exhibitions of speed, or speed events. The Renter and SAD(s) will not allow an unauthorized person to operate the vehicle under any circumstance. The Renter and SAD(s) agree not to engage in any of the prohibited vehicle use and activities included here and listed in the Company’s Policies. Among other consequences and/or charges outlined in the linked policies, violating the terms will forfeit the protection (if any) for claims related to physical damage and void any increased liability limits included with any coverage selected.
The Renter agrees to return the Vehicle and any Extras to the Host on or before the trip end date to the address stated on the trip Summary or on the Host’s demand and in the same condition as received, such as ordinary wear and tear excepted. Extensions to Reservation Periods are at the Host’s discretion. If a Renter or SAD(s) continues to operate the vehicle exceeding the trip end date and or does not check-in the vehicle, the Host has the right to notify police that the vehicle has been embezzled as defined in Vehicle Code Section 10855. Renter and SAD(s) hereby waive release and discharge the Host from any liability arising from such notice, and the Renter and SAD(s) agree to defend, indemnify, and hold harmless the Host against any and all claims, demands, or losses arising from or connected in any way with such notice.
Financial Responsibility is Primary
As outlined in the Company’s Terms of Service and Policies, with regard to damage, losses, or other liabilities, the Renter and SAD(s) acknowledge and agree that where permissible under applicable law, the Renter and SAD(s) are primarily liable for any and all liabilities arising from a trip under this Agreement, except if the Renter and SAD(s) purchased a coverage package; that provides otherwise. The Renter and SAD(s) may fund their primary liability via any personal insurance available to the Renter or SAD(s); such as applicable personal auto insurance or insurance from credit cards, etc, as the primary source of funds. Any coverage package selected by the Renter and SAD(s) when booking a vehicle, to the extent offered, will not be available until all personal insurance options, protection, and/or coverage have been exhausted. The Renter and SAD(s) will be required to supply the check-out and check-in documents to submit a claim or their claim will immediately be denied by the Company and its insurers. The Renter and SAD(s) will be responsible for any deductible fees related to their respective coverage packages.
Additional Trip Fees and Payments
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by the Renter’s card issuer. If the Company does not receive the required authorization, the Company will not be liable for any delay or non-delivery of the Renter’s requested trip. Completing a Reservation, the Renter validates that the Renter is the authorized card user and the Company will not be liable for any unauthorized orders or disputes. As stated in the Company’s Terms of Service, the Company reserves the right to refuse or cancel a trip at any time if the Company suspects fraud or an unauthorized or illegal transaction. The Renter authorizes the Company to use stored payment credentials for balances, including but not limited to; late fees, smoking fees, cleaning fees, refueling fees, mileage overage fees, pet fees, security deposits, claims, reimbursements fees, processing, and/or administrative fees.
In order to qualify for available coverage and related protections, the Renter must provide the Host with two current government-issued identifications. The primary identification must be a clearly valid Driver’s license that matches the name on the Reservation and which the photograph matches the person at Check-Out, except where such verification is done through the Company for remote access trips. Secondary identification required is the payment method used for booking which must match the name as it appears on the valid Driver’s license; e.g, MasterCard, Visa, American Express, etc. The Renter certifies that he or she will be the sole operator of the vehicle throughout the trip duration unless the trip Summary includes additional SADs. If the Renter violates this Agreement, the trip will be terminated immediately and any claims made in reference to the trip may be rejected at the Company’s sole discretion and the Renter will be held solely responsible for any related costs.
Renters Resident in the State of Florida; Renters With a Trip in the State of Florida; Renters Insured in the State of Florida
The valid and collectible insurance and personal injury protection insurance of any authorized rental or leasing renter is primary for the limits of the liability and personal injury protection coverage required by ss.324.012 (7) and (627.736), Florida Statutes. Notwithstanding the foregoing disclaimer, the Company makes no representation, concession, or claim of any kind that peer-to-peer car sharing engaged in by any shared vehicle Host or shared vehicle Renter as a result of using Company’s service is a rental car transaction. By engaging in peer-to-peer car-sharing using Company’s services, the Renter and SAD(s) acknowledge and are notified that the Company is not a motor vehicle rental company.
Telematics Notice & Release
The Vehicle may have features or an on-board device that may monitor the state of the Vehicle from moment to moment, during the Reservation Period. The non-personal information collected by the features or onboard device may include, for example, the Vehicle’s condition; damage and accident records; performance, operation, and diagnostic data; and information on mileage, acceleration, velocity, fuel consumption, fuel level, tire pressure, odometer, location and direction, and other vehicle information (“Vehicle Data”). Use of the features or on-board device is subject to the terms and conditions posted by the vehicle manufacturer or technology provider, which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use, and sharing of information, and user responsibilities. Unless prohibited by law, the Renter and SAD(s) authorize the use or disclosure of or access to the Vehicle Data, and the Renter or SAD(s) shall inform any and all SAD(s) and passengers of the terms of this section. The Renter and SAD(s) release the Company and agree to indemnify, defend and hold harmless the Company, operator of the features or on-board devices, wireless carrier(s), and other suppliers of components or services and their respective employees, officers, directors, and representatives from any claims, demands, liability, losses, or lawsuits alleging damage (including incidental and/or consequential damages) to persons (including without limitation Renter, an SAD(s) and passengers) or property caused by failure of the features or on-board device to operate properly or otherwise arising from the use of the feature or on-board device by the Renter, a SAD or the Host.
In any case provision of this Agreement is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected thereby or impaired.
The waiver by any party of any right under this Agreement or failure to act or of a breach by the other party shall not be deemed a waiver of any other right under the agreement or of any other breach or failure by such other party whether of a similar nature or otherwise.
Limitation of Remedy & No Consequential Damages
To the extent permitted by applicable law, the Renter, SAD, and the Host waive any and all rights they might have to sue or make claims against the Company and/or any Company User for any damages or losses arising out of or in connection with their use of the Company Services and any trip under this Agreement unless (1) the Host declined a coverage package via the Company Services and is making a claim against the Renter or SAD(s) who booked a vehicle for which the Host opted to provide their own commercial/rental insurance or coverage to the Renter or SAD(s); (2) the Renter booked a vehicle and the Host declined coverage via the Company and opted to provide insurance or protection directly to the Renter or SAD(s) and the Renter or SAD(s) is making a claim against the Host; or (3) the Host’s, Renter’s, or SAD(s)’s claim relates to an optional Extra purchased using the Company Services.
Prices and Fees
The Company reserves the right to revise its prices at any time prior to accepting a trip. The prices quoted may be revised by the Company subsequent to accepting a trip for any of the following reasons: government action, variation in Customs duties, increased shipping charges, higher foreign exchange costs, acts of God, labor stoppages, pandemics or a virus, and any other matter beyond the control of the Company. In that event, Hosts and Renters will have the right to cancel the reservation. All trips are subject to a minimum of 10% administrative fee otherwise known as a SHAiR Fee or Inconvenience Fee. All fees and fines can be located at https://www.carshair.com/legal/.
In the event of any conflict between the terms of this Agreement and the terms of the Company’s Terms and of Service, the Company’s Terms of Service control.
To the extent permitted by applicable law, the Renter, the Host, and the SAD(s) waive any and all rights they might have to sue or make claims against the Company if (1) a Host permits a trip without payment confirmation from the Company or information provided by Company, and/or the Renter’s payment is shown as either an invalid charge, pending, uncaptured, or disputed; (2) if a Host authorizes an unapproved Renter or unapproved person to operate the Vehicle or if the unapproved Renter or unapproved person is not considered a SAD; or (3) if the Renter or SAD(s) provide false or inaccurate data which does not match Company records for the confirmed trip therein accepts delivery of the Host’s vehicle. Hosts, Renters, and SAD(s) are required to pay the respective deductibles designated by the Coverage Package selected for the Vehicle in the event that a claim is associated with Company Coverage by which is provided by a third party.
Disable & Inactive Users
The Company reserves the right at any time in its sole discretion to disable a User or prohibit a User from using any Company services and immediately terminate a trip for any reasons including but not limited to, failed authentication and verification, falsifying and providing misleading information, performing illegal activities, violating this agreement, violating the community guidelines, violating Company Terms of Service and or Company Policies. At any time, a User may be deemed unauthorized, blocked, or unapproved to drive at the Company’s discretion regardless if they were previously approved.
Any disputes between the Host and the Renter, the Host and the SAD(s), and the Renter and the SAD(s) are subject to the terms of the legal dispute and procedures outlined in the Company’s Terms of Service, including, but not limited to, the requirement of submitting any legal disputes to binding arbitration as explained in the Agreement to Arbitrate in the Company’s Terms of Service.
Additional Trip Fees Acknowledgment
The Renter and SAD(s) agree to all fees, Company Policies, the Terms of this Agreement including the Company’s Terms of Service.
The Host agrees to adhere to Company guidelines and restrictions concerning fees and will adhere to all Company Policies, the Terms of this Agreement including the Company’s Terms of Service.
HOSTS, RENTERS, AND SAD(S) AGREE THAT EACH HAS READ, ARE AWARE OF, ACCEPTS FULL RESPONSIBILITY FOR, AND ARE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THE TRIP DETAILS AND THIS CARSHAiR TRIP AGREEMENT. THIS AGREEMENT IS AN INTEGRATED AGREEMENT AND ITS TERMS-CAN-NOT BE ALTERED BY ANOTHER DOCUMENT OR ORAL AGREEMENT UNLESS AGREED TO IN WRITING BY CARSHAiR.