INTRODUCTION
Ridea Inc. (hereinafter, “Ridea”, “we”, or “us”), provides an online platform that connects vehicle owners with drivers seeking to rent those vehicles. Ridea is accessible online including at Ridea.com and as an application for mobile devices (Ridea’s websites, blog, and mobile applications are hereinafter collectively referred to as “the Services”). By accessing or using the Services, including by communicating with us or other Ridea users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to, and use of, the Services and constitute a binding legal agreement between you and Ridea.
Modification. All of the provisions in the Terms, together with Ridea’s Privacy Policy and the user Policiesprovided on the Ridea Services (the “Policies”) constitute the “Agreement” between you and Ridea.
Ridea reserves the right, at our sole discretion, to modify our Services or to modify these Terms at any time. If we modify these Terms, we will post the modification on our Services. We will also update the “Last Revised” date at the top of these Terms. By continuing to access or use our Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your account.
If you have any questions for us concerning this Agreement or Ridea generally, please contact us atsupport.Ridea.com.
GENERAL TERMS
Eligibility. Our Services are intended solely for persons who are 21 or older. Any use of the Services by anyone under 21 is expressly prohibited.
Registration. In order to access certain features of the Services you must sign up for an account with us (hereinafter a “Ridea Account”) by either providing us your email address and creating a password or through a third-party social networking site account (“SNS”) (including, Facebook and Google).
Verification. When you sign up to either list or rent a vehicle, you will provide us with certain information about yourself to enable us to verify your identity in order to become an “Approved Driver.” You promise to provide complete and accurate information to Ridea about yourself and your vehicle(s), if any. Where permitted, Ridea has the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of users and vehicles, including driving history and driver’s license validity, but we do not endorse any vehicle, user, or his or her background. Ridea may in its sole discretion use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize Ridea to request, receive, use, and store such information. Ridea may accept or reject your application to become an Approved Driver in its sole discretion.
Consumer Report Authorization. When you apply to become an Approved Driver, you are providing Ridea with written instructions and authorization in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report and/or conduct a background check, including a criminal background check where permissible under applicable law. You are also authorizing Ridea to obtain your personal and/or business auto insurance score, credit report or conduct a background check at any time Ridea reasonably believes there may be an increased level of risk associated with your Ridea Account.
Ongoing Information Updates. You promise to update the information you have provided to Ridea in the event of any changes to your driving record, contact information, or background. Specifically with respect to your contact information, Ridea may deliver notices to you at the most recent email, telephone, or billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Ridea Account, whether or not you have authorized such activities or actions. You will immediately notify Ridea of any actual or suspected unauthorized use of your Ridea Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your account after you have reported unauthorized access to us.
Your Commitments. You agree that you will always use your account and the Services in compliance with the Terms, applicable law, and any other policies and standards provided to you by Ridea. As an owner or host (hereinafter “owner”), you commit that you will provide a safe and legally registered and insured vehicle, with a clean (non-salvage/branded) title, in good mechanical condition, on-time to the renter, traveler or guest who is an Approved Driver (hereinafter “traveler”). As a traveler, you commit that you’ll be a legally licensed driver, who will treat the vehicle well and will take all reasonable measures to return the vehicle on time in essentially the same condition that you received it. In connection with your use of or access to the Services you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violate any law, including:
- breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, third party rights or our systems, Policies, or determinations of your account status;
- post false, inaccurate, misleading, defamatory, or libelous content;
- infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Ridea, or that comes from the Services and belongs to another Ridea user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Ridea;
Submit any false information, including:
- submit any false information including name, date of birth, drivers license, credit card, insurance, or other personal information;
- submit a claim, or respond to a claim (for example about damage to a vehicle), with false or misleading information;
- offer, as an owner, any vehicle that you do not yourself own or have authority to rent;
- offer, as an owner, any vehicle that may not be rented pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a lease or financing agreement;
- offer, as an owner, any vehicle that has a salvaged, branded, or unclean title or that is not safe, legally registered, (and insured) to be driven on public roads;
- rent or drive any vehicle without a valid driver’s license;
- submit any listing with false or misleading information, or submit any listing with a price that you do not intend to honor;
- register for a Ridea account on behalf of an individual other than yourself;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
Fail to honor your commitments, including:
- fail to pay your fees or other amounts owed to Ridea or another user;
- fail, as either a traveler or owner, to timely deliver, make available, or return any vehicle, unless you have a valid reason as set out in our Policies;
- use the Services to find an owner or traveler, and then complete a vehicle rental or related transaction partially or wholly independent of Ridea Services, in order to circumvent the obligation to pay any Ridea Fees related to Ridea’s provision of the Services or for any other reasons;
- transfer your Ridea account and/or user ID to another party without our consent;
- allow anyone other than an Approved Driver with whom you are traveling to drive the vehicle you have rented;
- list or provide to a renter a vehicle that is subject to a safety recall without first properly addressing the matter subject to the recall;
Harm or threaten to harm users of our community, including:
- “stalk” or harass any other Ridea user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Ridea owner or traveler in accordance with these Terms;
- engage in physically or verbally abusive or threatening conduct;
- use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers;
- treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they’re from, or when they were born. Discrimination of any kind is not tolerated in the Ridea community;
Use Ridea for your own unrelated purposes, including:
- contact a user/owner for any purpose other than asking a question related to a booking or such owner’s vehicle(s) or listing(s);
- contact a user/traveler for any purpose other than asking a question related to a booking or such traveler’s use of Ridea Services;
- commercialize any content found on Ridea or software associated with our Services, including Reviews;
- harvest or otherwise collect information about users without their and our consent;
- recruit or otherwise solicit any user to join third party services or websites that are competitive to Ridea, without Ridea’s prior written approval;
Interfere with the operation of the Services, including:
- interfere with any other user’s listings;
- enter into a Ridea transaction with a member of your family, household, friend, or acquaintance;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of our Services, or harm Ridea or the interests or property of others;
- bypass robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror, or frame the Services or any individual element within the Services, Ridea’s name, any Ridea trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without Ridea’s express written consent;
- access, tamper with, or use non-public areas of the Services, Ridea’s computer systems, or the technical delivery systems of Ridea’s providers;
- attempt to probe, scan, or test the vulnerability of any of Ridea’s system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Ridea or any of Ridea’s providers or any other third party (including another user) to protect the Services;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
- endeavor to circumvent a suspension, termination, or closure of your account, including, but not limited to, creating a new account to circumvent an account suspension or closure or giving cars registered to you or a member of your household to other Ridea users to List.
Violations. Ridea has the right, but not the obligation, to investigate, pursue, and seek to prosecute or litigate violations of this Agreement to the fullest extent permissible by the law. Ridea may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against Ridea or to comply with legal process (for example, subpoenas or warrants); to enforce or administer the Terms; to do so for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes; and/or to protect the rights, property, or safety of Ridea, its employees, its users, or members of the public.
Ridea reserves the right, at any time and without prior notice, to remove or disable access to any content that Ridea, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Services or our community. If we believe you are abusing Ridea, our users, or employees in any way or violating the letter or spirit of any of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, remove hosted content, deny a claim for coverage, remove and demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
Policy Enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Fees. The fees we charge for using our Services and other cost structures can be found on our Policy Pages.
Collection of Fees. You must have a valid payment method on file and pay all fees associated with our Services by the payment due date. If your primary payment method fails or your account is past due, you authorize us to charge all additional payment methods we have on file, and to employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. In addition, you may be subject to late fees. Ridea, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third parties charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by electronic mail or by phone, as provided to Ridea by you. Such communication may be made by Ridea or by anyone on its behalf, including but not limited to a third party collection agent. If you wish to dispute the information Ridea reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact our Collections Dept. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Ridea Account, you must contact the collection agency directly.
Communications with You. In order to contact you more efficiently, we may at times contact you using autodialed or prerecorded message calls or text messages at your telephone number(s). We may place such calls or texts primarily to confirm your signup; provide notices regarding your Account or Account activity; investigate or prevent fraud; collect a debt owed to us; or communicate urgent messages. You agree that we, or our service providers, may contact you using autodialed or pre-recorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Ridea is required to obtain your consent for such communications, you may choose to revoke your consent.
You understand and agree that Ridea may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Ridea or its agents for quality control and training purposes. You acknowledge and understand that your communications with Ridea may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through support.Ridea.com.
Insurance. In the unlikely event of a conflict or inconsistency between the explanation of insurance coverage in these Terms and an applicable insurance policy offered to the Ridea community, the insurance policy language controls. In Canada, the applicable law regarding insurance policies are the laws of Canada and the laws of the province where the policy has been issued. For more information click here.
LEGAL DISPUTES FOR OWNERS AND TRAVELERS RESIDING ANYWHERE OTHER THAN CANADA
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND RIDEA HAVE AGAINST EACH OTHER ARE RESOLVED.
Subject to applicable law, you and Ridea agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms of Service, your use of or access to the Service or any breach, enforcement, or termination of this Agreement will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Arizona, without regard to principles of conflict of laws, will govern the Terms of Service and any claim or dispute that has arisen or may arise between you and Ridea, except as otherwise stated in the Terms of Service. These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Arizona and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Maricopa County, Phoenix, Arizona or a United States District Court for the District of Arizona located in Phoenix, Arizona.
Agreement to Arbitrate. You and Ridea each agree that any and all disputes or claims that have arisen or may arise between you and Ridea (including its respective subsidiaries, employees, officers, directors, and agents) relating in any way to or arising out of this or previous versions of the Terms of Service, your use of, or access to the Service, or any services sold, offered, or purchased through Ridea’s Services (such as listing or renting a vehicle) or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration, rather than in court, except that each party retains 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 Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND RIDEA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND RIDEA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of heading “Prohibition of Class and Representative Actions and Non-Individualized Relief”, shall be for a court of competent jurisdiction to decide.
Where the relief sought is $25,000 or less, the arbitration will be conducted by FairClaims in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. Where the relief sought is $25,001 or more, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by email, a completed form Notice of Dispute (“Notice”). The Notice to Ridea should be sent via email to noticeofdispute@Ridea.com. Please provide your name, telephone number, email, mailing address, and briefly describe the nature of your dispute and briefly describe the relief you would like from Ridea.
If you and Ridea are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Ridea may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the FairClaims website or the AAA’s site. (The AAA provides a Demand for Arbitration formand a separate form for California residents.) Any settlement offer made by you or Ridea shall not be disclosed to the arbitrator.
Any FairClaims arbitration hearing shall be held via videoconference. Any AAA arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. You or Ridea may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Ridea subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Ridea may attend by telephone.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Ridea user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The Parties agree that all communications and evidence related to the dispute will remain confidential, and neither party shall take any action that will harm the reputation of any of the other, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the Parties or entities
Costs of Arbitration. Ridea will cover cover the cost of any FairClaims arbitration fees for you. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate.
Severability. With the exception of any of the provisions in Section “Prohibition of Class and Representative Actions and Non-Individualized Relief,” if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section “Prohibition of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, the Terms of Service, and its Legal Disputes Section will continue to apply.
Opt-Out Procedure. IF YOU ARE A NEW RIDEA USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TOARBITRATIONOPTOUT@RIDEA.COM EMAIL ADDRESS (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF SERVICE FOR THE FIRST TIME.
In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Ridea Account(s) to which the opt-out applies and toarbitrationoptout@Ridea.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed against Ridea prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Ridea. If you do not agree to these amended terms, you may close your account within the 30 days of posting or notification and you will not be bound by the amended terms but will arbitrate any dispute in accordance with the provisions of the “Agreement to Arbitrate” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to Ridea, you do NOT need to submit another one when the Terms of Service are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of the Terms.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate, as a result of a decision by the arbitrator or a court order or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, you agree that any claim or dispute that has arisen or may arise between you and Ridea must be resolved exclusively by a state, federal, or small claims court located in Phoenix, Arizona. You and Ridea agree to submit to the personal jurisdiction of the courts located within Phoenix, Arizona for the purpose of litigating all such claims or disputes.
LEGAL DISPUTES FOR OWNERS AND TRAVELERS RESIDING IN CANADA
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND RIDEA HAVE AGAINST EACH OTHER ARE RESOLVED
Resolution of disputes. If a dispute arises between you and Ridea, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Ridea agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Services (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes. The laws of the Province of Ontario and the federal laws of Canada applicable shall govern this Agreement and any dispute or claim you have against Ridea in all respects unless you are a resident of Quebec. All residents of Canada, other than residents of Quebec, agree that any claim or dispute you may have against Ridea must be resolved by a court located in Toronto, Ontario, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the Province of Ontario for the purpose of litigating all such claims or disputes unless you are a resident of Quebec.
Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than Cdn$15,000, the party requesting relief may seek to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event that a party elects arbitration and the other party agrees to such arbitration, such arbitration shall be initiated through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
OTHER LEGAL MATTERS
Ridea Photography. Ridea may offer owners the option of having photographers take photographs of their vehicles and/or owners with their vehicles (“Images”). You alone are responsible for using the Images in connection with your Ridea Listing and you warrant that you will cease using the Images if they no longer accurately represent your vehicle. You agree that Ridea is the sole and exclusive owner of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity rights, worldwide, in the Images regardless of whether you include them in your Listing and you shall take no action to challenge or object to the validity of such rights or Ridea’s ownership or registration thereof. You hereby acknowledge that Ridea may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation. Further, you hereby waive any and all moral rights you may have in the Images. If you use the Ridea photography program, you agree that you will not use the Images in connection with renting your vehicle out on any platform, website, or application other than Ridea. At Ridea’s request, you will execute documents and take such further acts as Ridea may reasonably request to assist Ridea to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.
You understand that if Ridea uses the term “Verified Images” the term is intended only to indicate a photographic representation of the vehicle at the time the photograph was taken. Verified Images are therefore not an endorsement by Ridea of any user or any vehicle. Likewise, Ridea may, but does not commit to, undertake efforts to ensure the safety of vehicles rented through the Services. We do not make any representations about, confirm, or endorse the safety or roadworthiness of any vehicles beyond our policies that require vehicle owners to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean (non-salvaged/non-branded title), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.
Ridea Content and User Content License. Subject to your compliance with the provisions of these Terms, Ridea grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Ridea content solely for your personal and non-commercial purposes and access and view any user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ridea or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through our Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of your vehicle or trip. By making available any content on or through the Services, or through Ridea promotional campaigns, you hereby grant to Ridea a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote or market the Services. Ridea does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
Promotions. Learn more about our current promotions here. You must be a user in good standing (not suspended), comply with our Terms and the promotion rules to qualify for any promotional compensation. Users who attempt to abuse our promotions are subject to cancellation/reversal of the promotion amounts and suspension from the Ridea community. Travelers and hosts cannot cancel existing reservations to qualify for new promotions. Hosts cannot rent their vehicle to acquaintances, friends, or family to qualify for owner promotions.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices here.
Vehicle and Personal Protection. In addition to the terms set forth in Sections “Your Financial Responsibility Is Primary” and “Other Insurance and Legal Matters” below, during the applicable rental period, Ridea, or third parties acting for the mutual benefit of Ridea and our users, may provide certain comprehensive and collision protection for the vehicle, as well as liability insurance for bodily injury and property damage in the USA, Alberta, Ontario, and Quebec, Canada. You understand and agree that, for “Uninsured/Underinsured Motorists & No-Fault” (including Medical Payments/First Party Benefits/Personal Injury Protection, etc.): Ridea has either waived such coverage entirely or subscribed to the lowest limit allowable by applicable law and that you are bound by the election and agree to be so bound. The liability insurance and the comprehensive and collision protection shall be excess and contingent over any other valid and collectible insurance that may be available to the traveler. Insurance amounts and other specifics may be found in the Policies and for users in Canada here. If you have questions about your own personal insurance policies, you should contact your insurance professional; if after reviewing these Terms and FAQs, you or your insurance professional still have questions regarding the Ridea protections, please contact us at support.Ridea.com and we will connect you with our broker in the US, Porter & Curtis, LLC, or insurance provider in Canada and their broker(s) to explain how these protections operate.
Termination. You may discontinue your use of the Services at any time and Ridea may terminate your access to the Services for any reason or no reason. Termination of access to the Services will not release either party from any obligations incurred prior to the termination and Ridea may retain and continue to use any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under this Agreement and/or any fees due, and all of those terms will survive any termination of this Agreement.
No Transfer or Assignment. Except as otherwise provided herein, travelers and vehicle owners agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle shared through the Ridea Services.
Disclaimers. RIDEA PROVIDES SERVICES THAT ENABLE VEHICLE SHARING BETWEEN VEHICLE OWNERS AND VEHICLE RENTERS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, RIDEA DOES NOT ITSELF PROVIDE VEHICLE RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE VEHICLE MANUFACTURER, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, RIDEA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Ridea makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Ridea makes no warranty regarding the quality of any listings, vehicles, owners, travelers, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Ridea or its service providers or through the Services or content, will create any warranty not expressly made herein.
Limitation of Liability and Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST RIDEA AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “RIDEA PARTIES”) AND ANY RIDEA USER (EXCEPT AS DETAILED BELOW FOR TRANSACTIONS WHERE THE OWNER PROVIDES THEIR OWN COMMERCIAL/RENTAL INSURANCE/PROTECTION) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, A VEHICLE NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN A VEHICLE, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR PASSENGERS AND, IN THE CASE OF THE RIDEA PARTIES, ANY ACTIONS OR INACTION OF THE VEHICLE OWNER. NEITHER RIDEA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY VEHICLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. Except for our obligations to pay amounts to applicable owners or travelers pursuant to these Terms, including an approved payment request or claim under a protection package or applicable insurance policy, in no event will Ridea or its insurer’s aggregate liability arising out of or in connection with this Agreement or your use of the Services, exceed the greater of the amounts you have paid or owe for bookings via the Services as a traveler in the twelve month period prior to the event giving rise to the liability, or if you are an owner, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or US$100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RIDEA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY RIDEA USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES UNLESS (1) YOU ARE AND OWNER WHO HAS DECLINED A PROTECTION PACKAGE VIA RIDEA AND ARE MAKING A CLAIM AGAINST A TRAVELER WHO RENTED A VEHICLE FOR WHICH YOU OPTED TO PROVIDE YOUR OWN COMMERCIAL/RENTAL INSURANCE OR PROTECTION TO THE TRAVELER; OR (2) YOU ARE A TRAVELER WHO RENTED A VEHICLE FROM AN OWNER WHO OPTED TO DECLINE A PROTECTION PACKAGE VIA RIDEA AND OPTED TO PROVIDE INSURANCE OR PROTECTION DIRECTLY TO YOU AND YOU ARE MAKING A CLAIM AGAINST THAT COMPANY.
Indemnification. To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Ridea and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms; your user content; your interaction with any user, booking of a vehicle, or creation of a listing for a vehicle; or the use, condition, or rental of a vehicle by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a rental, booking, or use of a vehicle.
Liquidated damages. You acknowledge that the actual damages likely to result from engaging in gray market transactions (i.e., using Ridea to find a renter or vehicle, and then completing a vehicle rental or related transaction partially or wholly independent of Ridea, in order to circumvent the obligation to pay any Ridea Fees) are difficult to estimate and would be difficult for Ridea to prove. You will pay Ridea $5,500 in Liquidated Damages to compensate Ridea for any such conduct. This amount is not intended as a punishment for any such breach.
Ridea is not a rental car company. It does not own a fleet of vehicles, and is not, in the business of renting vehicles to the public. Ridea is in the business of providing an online platform where vehicle owners and those in need of a vehicle can meet and share vehicles amongst themselves subject to these Terms.
Ridea is neither an insurance company nor an insurance broker. Ridea has obtained group liability and physical damage insurance policies in the USA and three provinces in Canada. Ridea is the named insured on those policies. If you receive protection under one of these group policies, your coverage is provided by third party insurance companies and/or their brokers
Rounding off. Ridea may, in its sole discretion, round up or down amounts that are payable from or to Owners or Travelers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, pound, or other supported currency).
No Agency. Ridea does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Ridea and Ridea will not make commitments on your behalf, except as contemplated by Services or expressly stated in this Agreement.
General. This Agreement states the entire understanding between you and Ridea concerning your access to and use of the Ridea Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your vehicles on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of the Ridea. You will remain responsible for your obligations hereunder in any event. If any provision of this Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. A Ridea Director or Officer must agree to any modification or waiver of any term of this Agreement in writing. Ridea’s failure to exercise any right under this Agreement will not constitute a waiver of any other right Ridea may have. There is personal vehicle sharing legislation that may apply to you; more information is available in our FAQs.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Except as otherwise provided in this Agreement, if any provision of these Terms of Service are held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
Ridea can be contacted at the these addresses. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1-800-952-5210.
Translations. Where Ridea has provided you with a translation of the English language version of these Terms, in case of any wording discrepancies between the English and any other versions of the Terms, the English wording takes precedence.
SPECIFIC TERMS FOR TRAVELERS
The following Sections also apply if you rent a vehicle using the Services:
Fees. You are responsible for paying all fees when they come due. You authorize Ridea to charge any payment methods on file in your account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles, and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines) incurred during the rental period. Learn more about the various fees you may incur here and more about the protection packages available to you here.
Your Financial Responsibility Is Primary. With regard to damage, losses, or other liabilities, you acknowledge that you are primarily liable, though you may fund that primary liability via any personal insurance you have available to you (e.g., applicable personal auto insurance or insurance from credit cards, etc.) which can be the primary source of funds for your liabilities hereunder. Any protection package you select when booking your vehicle, if one is offered via Ridea, will not be available to you until your personal insurance has been exhausted. In addition, Ridea’s protection package you select when booking your vehicle, if any, may not be available to you in the event you breach your obligations under these Terms or our Policies. Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses, or other liabilities relating to your activities through the Ridea. You agree that in the event damage is reported, Ridea may immediately charge you up to the amount stipulated with the protection package that you selected when you booked the vehicle. Nothing in these Terms is intended to limit your responsibilities or Ridea’s legal rights in connection with your use of the Services. You acknowledge that Ridea may require and hold a deposit as part of the reservation of a vehicle.
In addition to the terms in “Vehicle and Personal Protection” Section above:
Most vehicle owners in North America participating in Ridea cannot offer commercial liability insurance to you, so Ridea has obtained, via its broker in the U.S.A, Porter & Curtis LLC, or directly from our insurer in Canada, a group insurance policy that provides secondary liability insurance to you. Further, there is no insurance or protection available via Ridea outside the U.S.A. and Ontario, Alberta, and Quebec, Canada. Where a vehicle owner can offer travelers at least legally required minimum insurance (liability and/or physical damage) through their own commercial or rental policy, the owner may choose to decline insurance via Ridea and provide its own coverage directly to you as the renter. You can determine directly in the vehicle listing whether the vehicle is insured via Ridea or via the vehicle owner directly. Where the vehicle owner provides its own protection to its renters, no insurance, protection, or roadside assistance is offered to you via Ridea. The owner will bill you directly for any applicable insurance, protection, or roadside assistance packages after booking, not through Ridea. In these circumstances, the vehicle owner may require you to sign additional paperwork, provide a deposit, or pay additional fees, costs, or taxes after booking, for instance when picking up the car. The vehicle owner may also have additional requirements that differ from Ridea requirements (like requiring a credit card deposit). By booking a vehicle where the owner is providing protection, you agree that the vehicle owner may impose additional terms and fees after booking.
Where the owner of the vehicle has not opted to provide its own insurance and protection to you, you understand and agree that Ridea, or third party insurance companies, acting for the benefit of the owner will provide primary liability insurance for the owner and that you, as the traveler, will not look to the owner or the owner’s insurance policy for coverage, in accordance with our Policies and all applicable vehicle sharing statutes. You are fully responsible for paying any damage to the vehicle, subject to the protection package you selected, as well as deductibles, contribution, fees, expenses, liens, or fines arising out of your use of a vehicle rented through Ridea. If Ridea advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to Ridea’s schedule for repayment of those amounts to Ridea.
Use of the Vehicle. When you rent a vehicle from an owner through Ridea, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving for Uber or Lyft) unless you have express written permission from Ridea’s Legal Department in advance. You may not access a vehicle until the beginning of your rental period and you must return the vehicle on time and in the correct location. You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Ridea has any concern about your use of a vehicle, Ridea may terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the owner. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning carseats and other protections for young passengers. The Ridea Policies on our Services provide a list of “Prohibited Uses” of any vehicle rented through the Services. The list isn’t meant to be exhaustive. If you have any concerns about your planned use, please contact support.Ridea.com. You will be fully financially responsible for any claims, loss, or damage related to your misuse of a vehicle, and your protection package may be voided. Travelers also acknowledge that using a vehicle in a prohibited manner or otherwise breaching this Agreement may lower the traveler’s liability coverage to legal minimum limits, or nullify coverage and may furthermore nullify any comprehensive or collision protection where allowed by applicable law.
Condition of the Vehicle. You understand that third parties own the vehicles offered through the Services. Each owner is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation here to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Ridea may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; in that event, please contact the Ridea team immediately at 1-866-735-2901 in the US or 888-391-0460 in Canada.
Incident Reporting. Where you received insurance or protection when booking your trip via Ridea, you must immediately report any damage to the vehicle you are using to Ridea at support.Ridea.com, or 1-866-735-2901 in the US or 888-391-0460 in Canada, and if there has been a collision, to the police as well. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Ridea or third party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Ridea, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of Ridea staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate protection received via Ridea.
State Laws Regarding Rental Car Theft. It is a felony in most states to fail to return a rental car within a certain period of time after the rental period has expired. A non-exhaustive list of relevant statutes ishereby incorporated by reference. The following conduct may result in the reporting of the vehicle you have rented as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your insurance coverage and/or protection package:
- If you fail to return the vehicle you have rented at the time and place agreed upon with the vehicle owner and/or designated in your reservation;
- If you do not return the vehicle by the end of the rental period and you have not properly obtained an extension of the reservation through the Ridea system as set forth here, your conduct or inaction;
- If vehicle is returned to any place other than the return location on the reservation or agreed upon with the owner. Any damage to, loss or theft of vehicle occurring prior to the owner inspecting the vehicle upon return at the end of the reservation is the renter’s responsibility;
- If you misrepresent facts to the vehicle owner pertaining to rental, use, or operation of vehicle;
- If the vehicle’s interior components are stolen or damaged when vehicle is unlocked or keys are not secured during the rental period;
- If you fail or refuse to communicate in “good faith” with vehicle owner, police, Ridea, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fails to cooperate in the investigation of any accident or vandalism;
- If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license; whose driver’s license becomes invalid during the rental period; who has obtained the keys without permission of the vehicle owner; or who misrepresents or withholds facts to/from the vehicle owner or Ridea material to rental, use or operation of Vehicle.
Repossession. Ridea, the vehicle owner and/or hired agent of Ridea or the vehicle owner may repossess any vehicle rented through the Services without demand, at the renter’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.
Missing Vehicles. If a vehicle you have rented through the Ridea Services goes missing and/or is stolen during the rental period (or extension period), you, as the renter, must immediately return the original ignition key to the owner; file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 24 hours after discovering it has gone missing; and cooperate fully with the vehicle owner, law enforcement, Ridea, and other authorities in all matters related to the investigation.
SPECIFIC TERMS FOR OWNERS
The following Sections also apply if you rent out your vehicle through the Ridea Services:
Information Given at Registration. When you sign up for Ridea, you will identify passenger vehicle(s) that you want to list for rent through the Services. Each vehicle must meet the requirements found here. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to rent out.
Vehicle Availability. Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the traveler. If you offer the traveler the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle accurately to Ridea and ensure that the vehicle is available at that location at the beginning of the rental period. In order to qualify for available insurance and related protections, before you provide a prospective traveler with your vehicle, you must verify that he or she has a current, valid driver’s license which matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on the facially valid driver’s license.
Trip Fees. You will have the ability to set and revise the vehicle’s pricing as you choose. Learn more about Automatic Pricing here. Ridea will pay you the amount collected from those who rent your vehicle, less the applicable fees payable to Ridea. A current fee schedule can be found here. To the extent you owe Ridea money for any reason, Ridea also reserves the right to deduct those amounts from your payment.
Taxes & Airport Permitting Fees. You understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes in connection with your use of our Services. Please familiarize yourself with the applicable tax regulations and consult with your personal tax advisor. Further, some airports where you offer delivery may take the position that you must have a permit to use airport premises and remit fees. While Ridea does not believe that rental car permits should apply to peer-to-peer carsharing, not all airport authorities agree with this position.
Maintenance. You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You will only list vehicles with a clean, non-salvaged, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be rented. In addition, if Ridea believes that your vehicle does not conform to reasonable standards, Ridea will notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. Ridea may, but does not commit to, undertake efforts to ensure the safety of vehicles rented through the Services. Learn more about our vehicle eligibility requirements here.
Incident Reporting. If you did not decline insurance and protection via Ridea, and you believe that a traveler has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the end of reservation) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, Ridea or third party claims administrators will reasonably determine whether the damage occurred during the rental period and is eligible for coverage. If it was, and you did not decline insurance and protection via Ridea, you will be reimbursed for the loss as described in Sections below. If Ridea is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by Ridea or third party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any financial responsibility for such damage.
Physical Damage. During each rental period where you opted to receive insurance and protection via Ridea, Ridea or its insurers will bear the risk of theft, destruction, or damage with respect to your vehicle, subject to the Terms and as described here in the US and here in Canada. There is no insurance or protection available via Ridea outside the U.S.A. and Ontario, Alberta, and Quebec, Canada. In the event of a loss that is covered by this Agreement, Ridea, its insurers, and/or its adjusters will, at their option, pay you either the reasonable and actual expenses of repair of the vehicle or the actual cash value (“ACV”) of your vehicle (if, for instance, the expected cost of repairs exceeds 75% of the ACV of the vehicle). For owners who select Premium (where available) and Standard Protection Packages, Ridea will also provide a replacement vehicle while yours is being repaired or reimburse you a reasonable amount to pay for a replacement from the date of loss until the repairs are completed or, in the event of a total loss, until the earlier of the date when Ridea or third party claims administrators make the first settlement offer or the date when you replace the car. Note, if Ridea or third party claims administrators choose to pay you the ACV for your vehicle, you will be required to transfer title to the vehicle to Ridea or its agent. The standard for the vehicle’s ACV will be as determined by Ridea or its third party claims administrators and in compliance with applicable law.
Damage Exclusions. There are some exceptions to Ridea’s obligations in the “Physical Damage” Section even where you have selected to receive insurance and protection via Ridea. Ridea and its insurers are not responsible for any personal property, including any aftermarket installations (e.g. equipment racks) that are taken from your vehicle or damaged during a rental period. We recommend that you remove all personal property before making the vehicle available for a reservation. In addition, you should expect normal wear and tear on your vehicle, including minor scrapes and dings, in connection with your participation in the Services. Ridea will not reimburse you for normal wear and tear to your vehicle other than as described here. Any protection, coverage, and/or insurance provided may be voided if you violate our Terms of Service, our Policies, and/or submit inaccurate information about your vehicle when listing it for rent through Ridea (for example, falsely represent the make, model, or year of the vehicle).
Other Insurance and Legal Matters. In addition to the terms provided in the “Vehicle and Personal Protection” and “Rental car companies who decline Ridea protection” Sections, you agree to comply with any and all applicable laws and regulations, including applicable registration and minimum insurance requirements for your vehicle. For more information about Canada click here. As part of your participation in the Services, you must maintain your own insurance policy and meet any minimum insurance levels required by law. In the USA, there is personal vehicle sharing legislation that may apply to you; more information is available in our FAQs. Where permitted by law and where you opted to receive insurance and protection via Ridea, you hereby appoint Ridea as your attorney-in-fact for the purpose of filing insurance claims, receiving insurance payment, otherwise administering an applicable insurance policy, and/or working with law enforcement, travelers, or private entities to recover unreturned or impounded vehicles. You also promise to maintain registration information and proof of insurance in your vehicle during every rental period. Ridea may obtain insurance through a third party provider, or may choose to self-insure (meaning Ridea takes on all or part or all of the insurance obligations itself, subject to all applicable laws and regulations). You agree to provide Ridea with information regarding your policy’s coverage as may be requested. You must inform Ridea promptly in the event information previously provided changes. For owners in Canada, these additional terms apply during the rental period.
Additional Provisions Applicable in Quebec. Each owner in Quebec grants Ridea the right to use and enjoy the vehicle, solely during the rental period, subject to Ridea’s obligations to the vehicle owner to preserve the substance of the vehicle pursuant to this Agreement. Each vehicle owner in Quebec agrees that Ridea’s obligation to preserve the substance of his vehicle is fulfilled by Ridea obtaining commercial automobile insurance coverage, the terms, limitations and exclusions of which are set out in the standard form automobile policy applicable in the province of Quebec (Q.P.F. no. 1).
Indemnification. If you opted to receive insurance and protection via Ridea, in the event of any claim for a loss or injury that occurs during the use of your car by a Ridea traveler (or by Ridea itself), Ridea or its insurers will defend and indemnify you against such claims as required by applicable law. In connection with any indemnified claim, you are required to give Ridea or its insurers prompt written notice of the claim; allow Ridea sole control over the defense of the claim; and provide Ridea reasonable cooperation in its defense of the claim, at Ridea’s expense. If Ridea or its insurers reimburses you for a lost or damaged vehicle and you later receive payment for some or all of your vehicle from a third party (e.g. a third party insurance company or restitution), you must reimburse Ridea any monies received from that third party in an amount equivalent to, but not to exceed, the funds provided to you by Ridea. Learn more about insurance coverage afforded you in Canada here.
Missing Vehicles. If you opted to receive insurance and protection via Ridea, if your vehicle goes missing, is not returned and/or is stolen during the rental period (or extension period), you, as the owner, must immediately contact a Ridea representative and follow his or her instructions, including cooperating with Ridea, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by Ridea to file a police report, you must do so within 24 of receiving those instructions.
Specific Terms for Owners Who Decline Ridea Protection
The following Sections also apply if you decline Ridea protection and insurance (such as if you choose to offer your own commercial/rental policy to renters) or where no protection or insurance is offered:
In exchange for keeping more of the trip price for yourself, when you decline a Ridea protection package or where no protection package is offered, you waive, on behalf of yourself and any affiliated individuals (employees, employers, associates, contractors, or any other related personnel) or entities (whether they be corporations, partnerships, sole proprietorships, limited liability companies, or otherwise) (collectively, “Affiliates”) any insurance or protection normally offered via Ridea in North America to you or any Affiliates, your vehicles, and any renters or approved drivers of all of the vehicles you list on Ridea.
When you choose to provide your own commercial rental insurance in North America or where no protection or insurance is offered via Ridea in your region, you, as the vehicle owner, or an authorized representative acting on behalf of the vehicle owner, shall be exclusively responsible for providing commercial rental insurance coverage for any rental transaction of your vehicles through Ridea. You shall carry no less than the minimum applicable liability and/or physical damage automobile insurance for your vehicle, your renter, and his/her authorized drivers. When you select to decline a protection package or where none is offered in your region, you represent and warrant that (1) you are a licensed commercial rental car company or are authorized to act on behalf of and bind a commercial rental car company in connection with listing vehicles on Ridea; or (2) you are an individual or company, or are authorized to act on behalf of, and bind a company, that can offer commercial rental car insurance to renters.
You further acknowledge and agree that you shall receive no protection or coverage by Ridea or its affiliates, whether that be vehicle damage protection, liability protection, uninsured or underinsured motorist coverage, PIP or any similar coverage or indemnification, roadside assistance, or trust and safety support as part of a rental of your vehicle(s) when you have chosen to provide your own commercial rental insurance. You shall add Ridea as an additional insured on all applicable automobile and excess liability policies. These provisions replace and supersede any representation made by Ridea, or those acting on behalf of Ridea, including but not limited to statements made on the Ridea website, applications, blog, Terms of Service, FAQs, Policies, emails, and/or marketing materials, concerning insurance and/or protection and roadside assistance otherwise offered to vehicle owners and renters when the owners do not decline protection via Ridea.
Ridea reserves the right to, but does not commit to, satisfy itself that you are, or are acting on behalf of, a licensed commercial rental car company and have the ability to offer commercial auto rental insurance to renters/drivers of your vehicles when you choose to decline protection. If Ridea has any concerns in this regard, you agree that Ridea can automatically, and in its sole discretion, default all of your vehicles back to the Standard vehicle protection package along with its associated fees (if offered in your region), remove your listings, or suspend your account.
If you lose the ability to offer commercial rental insurance to your renters (for example your policy has been canceled or nonrenewed), you must immediately change the status of your vehicle. If the change is temporary, you can snooze your vehicle(s). If you need to permanently change the protection package for your vehicle(s) back to one of Ridea’s available protection plans, please contact us. Never let travelers pick up a car or continue to rent a car without providing them insurance coverage.
You must disclose on your listing page any applicable additional fees, costs, and/or taxes you assess in addition to other requirements you may impose (such as a security deposit or if you do not accept debit cards, for example). You must never surprise renters with hidden costs or requirements at pick-up. Ridea reserves the right, in its sole discretion, to default your vehicles back to a Standard protection package, remove your listings, or suspend your account for failure to be transparent up front with renters about fees, costs, and requirements in your vehicle listing page.
You acknowledge that the actual damages likely to result from breach of this Section are difficult to estimate and would be difficult for Ridea to prove. You will pay Ridea $5,500 in Liquidated Damages to compensate Ridea for any such conduct. This amount is not intended as a punishment for any such breach.
You shall defend, indemnify, and hold Ridea, its subsidiaries, affiliates, employees, officers, directors, and agents, and any of your renters or their authorized drivers, harmless from and against any and all claims, demands, suits, judgments, costs, expenses, liabilities, attorneys fees, damages, consequential damages, punitive damages, property damage, personal injury, theft or otherwise, without limitation, related to or arising out of any rentals of any vehicles, including without limitation, any vehicle damage, personal injury or property damage where you have declined Ridea’s protection package or one is not available in your region.