Last Updated: February 3th, 2014
Our Terms of Service can be found on this page. To read our renter and vehicle eligibility requirements, renter policies, owner policies, and overview of insurance coverage, click on one of the links below:
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. YOU UNDERSTAND AND AGREE THAT FLIGHTCAR IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN RENTERS AND OWNERS, NOR IS FLIGHTCAR A TRANSPORTATION SERVICE, RENTAL CAR COMPANY, AGENT OR INSURER. FLIGHTCAR HAS NO CONTROL OVER THE CONDUCT OR VEHICLES OF RENTERS OR OWNERS AND OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Please email us at email@example.com if you have questions about this agreement.
“Site Content” means all text, graphics, images, music, software (excluding the Site), audio, video, information or other materials that FlightCar makes available through the Site or Service.
“Renter” means a Member who makes a reservation to rent a vehicle using the Site or Services.
“Owner” means a Member who creates a Listing via the Site or Services.
“Listing” means a Vehicle that is listed by an Owner as available for rental via the Site and Services.
“Rental” or “Transaction” means a completed reservation or booking for a vehicle via the Site or any other official means of creating a reservation or booking.
“User” means a person who completes FlightCar’s account registration process, including, but not limited to Renters and Owners, as described under “Account Registration” below.
“FlightCar Parking Lot” means any facility where FlightCar has parking operations or otherwise conducts a substantial amount of business.
“Rental Period” means the time period starting immediately upon “Renter’s” accessing the Vehicle, and terminating when “Renter” exits vehicle at end of the reservation period specified via FlighCar’s online system.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
“Vehicle” means a land motor vehicle, designed for travel on public roads, insured under a personal automobile liability insurance policy with no fewer than four wheels. However, this does not include mobile equipment.
Certain areas of the Site (and your access to or use of certain aspects of the) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site.
We reserve the right to amend the Site, Service, and Terms at any time by notifying you as provided in these Terms, provided that no notice shall be required for non-substantive changes to these Terms. If we significantly amend these Terms, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Site and Service after any such change constitutes your acceptance of the revised Terms. If you do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Site and Service.
This Service is intended solely for licensed drivers eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under eighteen (18) is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by FlightCar, unless FlightCar has given you written notice of reinstatement. All Renters must pass our Renter Eligibility Requirements and all Owners may only create Listings for Vehicles which pass our Owner Eligibility Requirements and must provide all necessary documentation for determining eligibility throughout your use of the Service as may be determined by FlightCar in its sole discretion. You promise to provide complete and accurate information to FlightCar. FlightCar will 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 FlightCar to request, receive, use and store such information for a reasonable period of time. FlightCar may accept or reject your registration in its discretion for any reason. You acknowledge and agree that FlightCar may change its Renter and Vehicle Eligibility Requirements at any time and for any reason, and that your eligibility status for the Site and Service may change as a result of these changes.
In order to rent a car from another User on FlightCar, you will need to create an account. An Account will allow you to use the Site as both a Renter and an Owner – separate accounts are not required. However, you are classified as a Renter if you use only the portions of the Site and Service pertaining to renting a vehicle. You are classified as an Owner if you use the portions of the Site and Service applicable to listing a vehicle. There are specific requirements for Owners and Renters that you must meet in order to use the relevant parts of the Site and Service. You may be considered both a Renter and Owner. Users with an Account are collectively referred to in this Agreement as “Users.” Your User account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. Each transaction in which a Renter rents a car from an Owner via the Service is referred to in this Agreement as a “Rental” or a “Transaction”.
Your Member account is for your personal use only. You may not create a Member account on behalf of a business or entity. You may not use another Member's account, permit anyone else to use your Member account, or assign or otherwise transfer your Member account to any other person or entity. When creating your account, you must provide accurate and complete information, and keep such information updated and accurate throughout the term of this Agreement. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify FlightCar immediately of any breach of security or unauthorized use of your account. FlightCar will not be liable for any losses caused by any unauthorized use of your account. You may not create more than one (1) FlightCar account.
You may control your User and Vehicle profile(s) by changing the options in your account page. By providing FlightCar your email address, you consent to our using the email address to send you Service-related email, including any notices required by law, in lieu of communication by postal mail. By providing FlightCar your cell phone number, you consent to our using the phone number to send you Service-related SMS messages. You may not opt out of Service-related emails or SMS messages.
During registration, you may be required to log into your account or you may be permitted to create an account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site, as described below. As part of the functionality of the Site and Services, you may link your FlightCar Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to FlightCar through the Site or Services; or (ii) allowing FlightCar to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to FlightCar and/or grant FlightCar access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating FlightCar to pay any fees or making FlightCar subject to any usage limitations imposed by such third party service providers. By granting FlightCar access to any Third Party Accounts, you understand that FlightCar will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site and Services and via your FlightCar Account and FlightCar Account profile page.
If you are a Renter, by creating an account, you automatically agree to waive your right to Underinsured Motorist (UM), Underinsured Motorist (UIM), and Personal Injury Protection (PIP) coverage in states where such rejection is permitted, under the FlightCar Insurance as defined in these Terms. You agree that you understand the implications of rejecting such coverage. More information is available in the Insurance section of these terms and on our Overview of Insurance page.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service including our rates, payments, and pricing in any medium, or by any method whatsoever including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the FlightCar servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser except that FlightCar grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; (iii) transmitting spam, chain letters, mail not relating to the Service or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
FlightCar may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement as it stands at the time of your account Termination, including if you terminate your account as a result of changes to this Terms of Service. All aspects of the Service are subject to change or elimination at FlightCar’s sole discretion. FlightCar reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that FlightCar will not be liable to you for any interruption of the Service, delay or failure to perform.
If you are an Owner, you agree to our Owner Policies and Requirements. If, you are an Owner, by accessing or using the Service, you signify that you have read, understood and agree to be bound by the Owner Policies and Requirements. If you are a Renter, you agree to our Renter Policies and Requirements. If, you are a Renter, by accessing or using the Service, you signify that you have read, understood and agree to be bound by the Renter Policies and Requirements.
When you use the Service to transact a Rental, the Service will present you with a page confirming the details of the Rental (the “Rental Confirmation”). By clicking “Confirm”, “Done”, "Rent Now", “I Agree” or “Book Now” (or any other means of acceptance presented by the Service), you agree to the terms of that Rental and the Rental Confirmation becomes part of this Agreement.
As an Owner, you may create Listings. To this end, you will be asked a variety of questions about the Vehicle to be listed, including, but not limited to, the make, model, color, and features of the Vehicle. This process creates a vehicle in your FlightCar Profile. In order to create a confirmed Listing as part of the Service, you must then specify the availability, location, and other information about the Vehicle. FlightCar will use this information to determine the optimal price for your vehicle. You will be any estimated earnings and/or parking savings. By listing your vehicle for a trip, you agree to this compensation.
A Vehicle may simultaneously be associated with several “trips”, or unique listings with unique availability, airport, pricing, and other terms. Listings will be made available for pairing to create a transaction via the Site. When Renters book a Vehicle via the Site, FlightCar will pair a Rental and Listing, based on the information provided in the Listing and Rental, to create a Transaction.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter use of, a Vehicle in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Vehicle included in a Listing you post and (b) not conflict with the rights of third parties. Please note that FlightCar assumes no responsibility for an Owner’s compliance with any applicable laws, rules and regulations.
FlightCar does not endorse any Users, Vehicles or Rentals. FlightCar shall have no liability for your interactions with other Users, or for any User’s action or inaction, with respect to Rentals or the Service. You acknowledge that FlightCar does not offer transportation services, car rental services, or airport transportation services. Instead, the Service allows Renters and Owners to transact Rentals directly between each other. FlightCar helps facilitate successful Transactions through the pairing of Listings and Rentals, may provide assistance in resolving User disputes, and also provide value-added services such as parking and insurance as part of the Service.
Except as provided in the FlightCar Overview of Insurance, which is an agreement between FlightCar and Users, we will not be responsible for any damage or harm resulting from your interactions with other Users or for use of the FlightCar service. By using the Site or Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm and you agree that you will not attempt to impose liability on, or seek any legal remedy from FlightCar with respect to such actions or omissions.
FLIGHTCAR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL RENTALS AND LISTINGS. ACCORDINGLY, ANY RENTALS MADE BY A USER WILL BE MADE AT THE USER’S OWN RISK.
You agree to the fees and charges, as well as payment and billing policies applicable to your use of the Services as stated in our Owner Policies and Requirements. FlightCar may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All fees and charges for your use of the Service are non-refundable, except as may be expressly stated otherwise. FlightCar will charge the owner separately for any owner fees associated with your use of the Service; this will be separate from any payments disbursed to you.
In order to facilitate successful transactions, each Owner hereby appoints FlightCar as the Owner’s proxy, limited agent, and service provider for purposes that include, but are not limited to, collecting payments made by Renters on behalf of the Owner in exchange for the rental of the Owner’s Vehicle, storage of the Owner’s Vehicle, providing insurance coverage and other guarantees and protections, releasing the vehicle from an impound facility or other facility where the Vehicle may be towed to or held in exchange for payment, the repair of minor mechanical or cosmetic damage on the vehicle (regardless of it was preexisting to the use of the FlightCar Service) or reporting the vehicle stolen if FlightCar believes it is so in good faith.
Each Owner agrees that payment made by a Renter to FlightCar shall be considered the same as a payment made directly to the Owner and then passed through to FlightCar for its services as a limited agent and service-provider, and the Owner will make the Vehicle available to Renter in the agreed upon manner as if the Owner has received the Rental Fees.
If you are an Owner, FlightCar will set a rental price for your vehicle. This price is dynamic and will depend on various attributes and factors, including information about your car, season, and pickup/ dropoff times. FlightCar, or a third party payment processor, will collect the Rental Fee on your behalf, which means processing the Renter’s credit card, and using the Rental Fee in order to provide our services as a limited agent. FlightCar will remit payments due to you hereunder for any given Rental no later than fourteen (14) days after the end of the rental period. Payment shall be in the form of a cheque. FlightCar reserves the right to withhold payment for any amounts otherwise due to us under this Agreement, or any amounts due as a result of a breach of this Agreement by you, pending FlightCar’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service.
When you rent a Vehicle through FlightCar, you may use the Vehicle only for your personal use and not for any commercial purposes, such as running a taxi or delivery service. Note, however, that you may use the Vehicle for your own business purposes, such as attending a meeting. You may not access a vehicle until the beginning of your rental period and you must return the vehicle on time and to the correct parking location. You must exercise reasonable care in your use of the vehicle. You are required to wear seatbelts during the operation of the car and to require that all of your passengers wear seatbelts as well. You are also required to comply with any laws or regulations concerning car seats and other protections for young passengers.
Prohibited uses of the vehicle include but are not limited to (i) use of a Vehicle while the driver is under the influence of (a) alcohol above the legal limit or (b) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended (ii) use of a Vehicle during or due to use in the commission of a crime or any other illegal activity (iii) use of a Vehicle in any race, test or competition (iv) use of a vehicle for hire (v) use of a vehicle outside of the United States (vi) transport of a vehicle by truck, train, aircraft or vessel for any reason (vii) use of a vehicle to pick up hitchhikers (viii) and, use of a vehicle while wearing any device that limits the Renter’s ability to hear, see and otherwise judge driving conditions. Unless you specify that you would prefer a pet-friendly vehicle and we confirm such a vehicle for you, it is also prohibited to transport a pet or animal inside of a Vehicle. It is always prohibited to smoke in a Vehicle.
Only the Renter of the vehicle may drive or operate the vehicle during the rental period. If the Renter wishes to nominate an additional driver for the rental (up to a maximum of four drivers per Rental) each additional driver must sign up for a FlightCar account and agree to all of the Terms of the Service. To arrange for these drivers to be added to the reservation, the primary Renter must contact FlightCar by phone, email, or input a request at the time of booking. A one-time, non-refundable fee may be charged for each additional driver, at the time of the request or at the time of pickup of the vehicle.
You agree to adhere strictly to the daily mileage limit for a vehicle during the rental period. You will not be penalized for exceeding the mileage limit on a particular day, as long as your total driven mileage does not exceed the daily limit multiplied by the amount of days you were in possession of the vehicle. For the purposes of calculation of the total mileage limit, you are considered to have a vehicle for one (1) full day if you are in possession of that vehicle for twenty-four (24) hours, or, after calculation of all full days, any remaining part of a day is also considered one (1) day.
When creating a Rental with FlightCar, you may be presented with the option to request complimentary amenities for use during your rental, including, but not limited to, a GPS unit, toll transponder, or a child booster seat (“Amenities”). If you request any of the said Amenities, we endeavor to have a sufficient inventory of Amenities to handle all customer requests but do not warrant or guarantee that we will be able to provide you with any Amenity, even if you request it in advance. FlightCar will not be responsible for damages arising from our inability to provide you with an Amenity. Renters are responsible for the proper installation and use of any Amenity they receive from FlightCar. You may not request a FlightCar employee or representative to install Amenities for you and FlightCar will have absolutely no liability arising from use or misuse of or in connection with any Amenities. Renters are responsible for returning all Amenities to FlightCar at the conclusion of the rental period in a reasonable condition. If FlightCar determines that a Renter misused an Amenity, or if a Renter does not return an Amenity, FlightCar reserves the right to automatically collect from that Renter via the payment method used for the Rental the replacement cost of that Amenity, without additional notification.
If you request a toll transponder, you agree to be fully liable for any and all charges accrued on the transponder during the time period of your rental, including any penalty and service fees arising from the use or misuse of the transponder. In some markets, you may be required to take a transponder with your Vehicle, the above terms also apply in this situation.
FlightCar may collect additional payments from a Renter in advance of or at the conclusion of a rental in accordance with the Renter Policies and Requirements. These fees primarily relate to misuse of the Vehicle and are used to reimburse the Owner for damage or in an effort to repair damage on behalf of an Owner. By requesting a Rental with FlightCar, you agree to be responsible for these fees and charges if FlightCar determines you are required to pay them. You may dispute these charges with FlightCar directly but you further agree and acknowledge that FlightCar’s determination is final.
You understand that, unless otherwise specifically noted, the cars offered though the FlightCar service are owned by third parties and are not owned or maintained by FlightCar. Each Owner is responsible for maintaining and repairing the car(s) they offer through the service and is ultimately responsible for the condition of the car at the beginning of the rental period. If you are an Owner, you promise that, at all times, your Vehicle will be in safe and roadworthy condition and in full compliance with all applicable state inspection and registration requirements. FlightCar will endeavor to inspect, to the extent possible, the Vehicle for damage or other conditions that might make it unsafe to drive. In the event FlightCar believes a Vehicle is not suitable to be used by a Renter, FlightCar may cancel the Rental or cancel this Listing. If you are a renter, FlightCar will attempt to minimize the impact on you, by providing an alternate, comparable vehicle, but does not guarantee this and disclaims all liability in this regard. Please also complete a visual inspection of any Vehicle before you begin your use of the car. If you find damage in your initial inspection that has not been identified by FlightCar, you must notify FlightCar immediately to help avoid any confusion about your role in the cause of the damage. If you find damage on your initial inspection and fail to report it, FlightCar may assume that the damage occurred during your rental period. If, after your initial inspection or at any time during the rental, you believe that the car is not safe to drive, please do not use the car and contact FlightCar immediately.
As an Owner, you are required to make the Vehicle available as expected. If you are unable to meet this requirement please inform FlightCar as soon as possible. FlightCar may track your cancellations and suspend or cancel your account if they are determined to be systematic or frequent, as determined solely by FlightCar.
As a Renter, when you reserve a Rental, you are indicating your preference toward a specific type, category, or class of vehicle, and indicating any additional features you would prefer the vehicle to have. FlightCar will guarantee the availability of a vehicle of the selected class or any suitable and designated substitute class, as designated when you reserve your Rental. In the case that the vehicle you receive is of an inferior class to that which you reserved, you will receive a refund of the price difference between the two vehicle classes as listed at the time of booking. You may have an option to change your allocated Vehicle or to upgrade your vehicle class or category when picking up your Vehicle. This option is subject to availability. Please inquire when picking up your vehicle.
As a User, you agree to respect and abide by the terms and conditions of the designated FlightCar Parking Lot and any facility that may be at any airport or transportation terminal where you have either (a) listed a Vehicle for availability for any amount of time or (b) reserved a Rental of a vehicle for any amount of time. You warrant that, by listing a Vehicle or reserving a Rental, you have read and agree to the terms and conditions of parking and retrieving Vehicles at that FlightCar Parking Lot. You agree that, as a part of the Service, FlightCar does not itself provide transportation services to/from the FlightCar Parking Lot, to/from the airport or any other location. However, you may call us to receive recommendations on ways to proceed from your location to our Parking Lot. FlightCar contracts with various third-party licensed, bonded, and insured transportation providers to provide you with convenient options to get to our locations, subject to availability. Please note that when in a vehicle provided by a third party company, you are bound to the terms and conditions of traveling as a passenger in their vehicle and FlightCar has absolutely no liability or control over the conduct of the third party transportation provider(s).
Parking in the FlightCar Parking Lot is free of charge if you List your car with the FlightCar Standard or Monthly programs, regardless of whether or not someone has reserved your Vehicle through the service at the time of commencement of your Listing. The Parking Fee will be disclosed when you List your vehicle with the FlightCar Business program.
Throughout the duration of your Rental, FlightCar reserves the right to require you to exchange your rented vehicle for another Vehicle. FlightCar will attempt to give you reasonable notice if this is required. In the case that FlightCar requires a vehicle exchange, we will send a FlightCar employee, agent, or contractor (“representative” to your current location or an otherwise agreed-upon location at an agreed-upon time. You agree to meet our representative at the designated location at the designated time, where you will receive a different vehicle until the original termination date and time of the booked Rental. For the purposes of insurance, damage, and event reporting, the two rental periods shall be considered mutually exclusive and separate transactions and rentals. For the purposes of mileage, the two rental periods shall be considered one continuous rental. Refueling fees will be waived for both rental periods. You will still be required to return your substitute vehicle to the FlightCar Parking Lot where you picked up your original vehicle, at your originally scheduled time, unless you have requested a rental extension in advance and you have received written approval and confirmation of said extension.
If you wish to exchange your vehicle during your Rental period for any reason, you must bring your original vehicle to the FlightCar Parking Lot where you collected said vehicle. FlightCar will not be able to bring an alternate vehicle to you. We will attempt to accommodate your request to exchange vehicles pending availability, however this is not guaranteed. You may be subject to additional charges if you choose a vehicle that is priced in a higher price category. For the purpose of all calculations and procedural determinations, including mileage, gas, damage, cleaning charges, and all other purposes, the two rental periods shall be considered two separate rentals.
FlightCar or its subsidiaries may be engaged in agreements with various companies or technology platforms which perform or facilitate ridesharing. Through this partnership, cars listed with FlightCar may be used by third party individuals to perform ridesharing services through these companies. These third party drivers are held to even stricter standards than FlightCar Renters and otherwise adhere to the other FlightCar terms and policies. For your purposes as an Owner, your vehicle’s use in a ridesharing program will be treated no differently than any standard rental, meaning the standard payment rate and other related terms will apply. The program is strictly opt-in and you will not be adversely impacted if you do not choose to opt-in. You will have the ability to opt-in your vehicle for participation in this program when dropping your car off at the FlightCar location and will be prompted by FlightCar staff to do so.
As a Renter, you are required to report damage to a vehicle to FlightCar as soon as practicable after the damage occurs or after you become aware of the damage. FlightCar may, at its choosing, dispatch roadside assistance to your vehicle to make a repair or to transport the vehicle to a location of FlightCar’s choosing. FlightCar may immediately choose to terminate the Rental if this damage was caused by you, as determined reasonably by FlightCar and/or relevant law enforcement agencies. If this damage was not caused by you or if it will take more than three (3) hours to determine this, FlightCar will make available an alternate vehicle for you at the original location of pickup. FlightCar cannot deliver vehicles to your location nor will FlightCar be responsible for the costs of obtaining a replacement vehicle, should you choose to do so. You may not abandon a vehicle at any point during your rental if it is involved in an accident or has a mechanical failure. If you do so, you may be charged a Towing Fee equal to the cost of towing the vehicle from its location to the original rental location, as well as a Service Fee of not more than $500.
If you are an Owner and you believe that a Renter has caused any damage to your car, you are required to report that damage as soon as you become aware of it and to provide reasonable cooperation in our investigation of the damage. In any event, you must report damage within 72 hours of the termination of a vehicle availability period. FlightCar may require you to visit at least two (2) body shops or other establishments with the capability of repairing the perceived damage, of which FlightCar can select both. Based on its investigation, or the investigation of any company it elects to work with in connection to the investigation, FlightCar will reasonably determine whether the damage was caused in the course of the renter’s use of the car. If it was, FlightCar will reimburse you for the loss. This means that we will pay for a reasonable, pre-approved invoice for the repair work or we will settle with you for a mutually acceptable amount of damages if you choose not to repair the vehicle. If FlightCar is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in our investigation, we may not be able to determine the cause. In that case, you agree that we may decline any financial responsibility for such damage.
FlightCar always recommends that Renters have their own vehicle insurance. When renting with FlightCar, as with conventional rental car agency, a Renter’s own personal coverage acts as primary coverage, unless a damage waiver package is purchased. FlightCar’s complimentary coverage and guarantees are supplementary and secondary for a Renter if you have other available coverage. Please see our insurance page for details about our insurance policy.
During the applicable rental period, FlightCar will provide secondary liability insurance for bodily injury and property damage arising from use of the car (the “FlightCar Insurance”), as well as natural disaster protection, as part of the Rental Fee. You understand and agree that, for “Uninsured/Underinsured Motorists & No-Fault” (including Medical Payments/First Party Benefits/Personal Injury Protection etc.): (a), the FlightCar auto liability policy provides statutory minimum coverage as determined by the laws of the state where the owner’s vehicle is registered; and (b) coverage has been waived where permitted by law as specified in the Uninsured/ Underinsured Motorist Coverage and Personal Injury Protection form applicable to the jurisdiction of the Vehicle rented. The liability insurance shall be excess and contingent over any other valid and collectible insurance that may be available to the renter. Insurance amounts and other details may be found in the Overview of Insurance Coverage. The natural disaster coverage includes coverage against fires, earthquakes, floods, and tornadoes, but does not cover or protect against events classified as Acts of God.
You may not book a Rental without accepting our included insurance coverage. You understand and agree that, if required, FlightCar may make reasonable efforts to assist you in submitting a claim. FlightCar does not guarantee the results of any claim submitted for coverage under the FlightCar Insurance.
As a Renter, you may also choose to purchase additionally a collision and comprehensive damage waiver. By purchasing this damage waiver, you indicate that you have accepted the terms, limits, and conditions of the coverage. IF YOU DO NOT PURCHASE A DAMAGE WAIVER, YOU AGREE THAT YOU MAINTAIN YOUR OWN PERSONAL AUTO INSURANCE WHICH INCLUDES COLLISION COVERAGE AND THAT WE MAY REQUIRE YOU TO PRESENT PROOF OF THIS COVERAGE. IF YOU DO NOT PURCHASE A DAMAGE WAIVER AND DO NOT MAINTAIN YOUR OWN PERSONAL COVERAGE, (A) YOU WILL BE CONSIDERED IN VIOLATION OF THESE TERMS AND (B) YOU ARE FULLY RESPONSIBLE FOR ANY DAMAGE YOU MAY CAUSE TO YOUR RENTAL VEHICLE. YOU ACKNOWLEDGE THAT FLIGHTCAR, THE VEHICLE’S OWNER, OR ANY OTHER RETAINED PARTY WILL USE ANY AND ALL AVAILABLE DEBT COLLECTION TACTICS INCLUDING LAWSUITS.
To the extent possible, FlightCar will hold you fully responsible for any damage that occurs during your rental. FlightCar in no way and under no circumstances warrants that the Vehicle is checked for damage when it is returned. FlightCar may contact and charge you for any damage which occurs up to 6 months (180 days) after the conclusion of your rental period if the damage is not reported by you immediately after it occurs.
For vehicle Owners, FlightCar’s coverage is always primary during the Rental Period. When the vehicle is at the FlightCar Parking Lot, either before or after the applicable rental period, FlightCar assumes partial liability of the vehicle. This means that if damage is caused by a FlightCar employee, agent, or contractor, or by an employee, agent, or contractor of the FlightCar Parking Lot, FlightCar will be responsible for reimbursing the owner of the vehicle for damages, in an amount reasonably determined by a reputable establishment, within a thirty (30) day period of the occurrence of the damage. However, if damage to the vehicle occurs due to any other reason, including the negligence or abuse of any individual, or due to fire, flood, earthquake, tornado, acts of Nature, acts of God, failures of suppliers, embargo, strikes, labor disputes, explosions, riots, acts of terrorism, war or other violence, or due to reason of any law, order, proclamation, regulations, ordinance, demand or requirement of any government agency, or any other act or condition whatsoever beyond the reasonable control of FlightCar, then FlightCar shall not be liable for damages to the vehicle.
Please note that FlightCar may reject or refuse any claim at any time for any reason whatsoever at its sole discretion.
FlightCar may, from time to time and at its expense, require that certain labels or other markings, be temporarily affixed to a Vehicle while it is in possession of the Renter. FlightCar will be solely responsible for affixing these decals prior to the start of the rental period and removing them after the end of the rental period. FlightCar warrants that these decals will not cause any significant, permanent, or visually obvious damage to a Vehicle.
Many companies in the travel industry engage in a practice known as Overbooking. Overbooking is the practice of selling or offering for sale more of a product (seats, rooms, cars) than actually available based on data such as no-show rates and weather patterns. Through our Users, FlightCar also occasionally has more vehicles available for booking than may be actually available. Consequently, situations occasionally arise where there are no vehicles available for a User with a confirmed reservation. In this case, a User may be provided complimentary transportation to a car rental agency or car sharing location of their choice within a reasonable distance. The User’s original rental, as well as any add-ons, fees, taxes, and charges, will also be fully refunded. However, FLIGHTCAR AND ITS USERS DO NOT ASSUME ANY ADDITIONAL LIABILITY OR ANY OBLIGATION FOR ANY RESERVATION OR BOOKING, REGARDLESS OF ITS STATUS AS CONFIRMED, GUARANTEED, OR ANY OTHER SIMILAR STATUS. At its sole discretion, FlightCar may offer to reimburse the difference between the price of the original rental and a new rental at a qualified car rental or car sharing company of FlightCar’s choice to Users in such a situation. If such an offer is extended, FlightCar will reimburse only the Rental Fee and any obligatory or required taxes, fees, and surcharges of the cheapest available vehicle which seats the same amount of passengers and holds approximately the same amount of baggage as the vehicle originally reserved through FlightCar. FLIGHTCAR WILL NOT REIMBURSE RENTALS FOR OTHER VEHICLE TYPES OR ANY ADDITIONAL CHARGES SUCH AS GPS UNITS, CAR SEATS, TOLL TRANSPONDERS, INSURANCE/DAMAGE WAIVER OR SIMILAR PRODUCTS, FSO/FUEL SERVICE OPTION/FUEL SERVICE CHARGE OR SIMILAR PRODUCTS, OR ADDITIONAL DRIVERS. FlightCar has no control over, and assumes no responsibility for, the Terms and Conditions and other documentation any company which you use to rent or otherwise borrow a vehicle, which often can be significantly different than those of FlightCar. You expressly acknowledge that you have read, understand, and agree to any documentation and Terms surrounding your rental of any vehicle from providers other than FlightCar, and agree to be bound by that contract or agreement. You relieve FlightCar from any and all liability arising from your agreeing to any such contract or agreement.
Except as otherwise specifically provided herein, You agree to defend, indemnify and hold harmless FlightCar and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site and Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
As a User, by referring your friends to the Site, you may participate in the “Referral Program”, which is a loyalty program which may be available as part of the Site, which we may choose to offer to our Users. If you choose to participate in the Referral Program and the Referral Program is available, for each friend you refer to FlightCar for which a Qualifying Referral (defined below) is completed, you may be able to receive FlightCar Credits. “FlightCar Credits” are “certificates” that will be applied as additional earnings for a Listing or a discount on a future Rental (depending on the type of Qualifying Referral) made and completed by Users via the Site and Service.
In order to receive FlightCar Credits, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your FlightCar Account on the Site and select either the “Invite Friends with Facebook”, “Invite Friends with Twitter”, or “Email Your Friends” link; (ii) you must share the link provided with friends via Facebook or Twitter, by copying and pasting the unique referral link generated via the Site, by sending the unique referral link generated via the Site in an email via the Services to your friends; or by using the other tools provided to share the unique referral link with friends; (iii) a friend who clicks the link on must create a FlightCar Account and become a User; (iv) after becoming a User, the friend must either make a rental that is not subsequently cancelled for a Vehicle or create a Listing that is not subsequently cancelled (either due a cancellation request or an automatic cancellation due to the User’s failure to physically leave their vehicle or pick up their vehicle [as applicable] at the specified time at the specified location); and (v) the Referral Program must be available at the time that you share the link as in part (ii). Please note that you may not be the Owner or the Renter for the booking to receive FlightCar Credits.
Satisfaction of a Qualifying Referral and the FlightCar Credits you receive will be reflected while booking your next Rental or completing the vehicle pickup process during your next Listing, after the Qualifying Referral has been completed. You may not earn FlightCar Credits by permitting another individual to use your FlightCar Account. FlightCar Credits accrued in multiple FlightCar Accounts may not be combined into one FlightCar Account. You may not earn FlightCar Credits by creating multiple FlightCar Accounts. By acquiring FlightCar Credits, you agree and acknowledge that FlightCar is granting you a limited, revocable license to a digital item, and that FlightCar Credits are not your personal property. You may not obtain any cash or money in exchange for FlightCar Credits, nor are they transferable. FlightCar reserves the right to change the terms of the Referral Program at any time and without notice.
Pursuant to California Insurance Code § 11580.24 (c) (4), FlightCar is required to inform you of the existence of § 11580.24 in the Code. This section pertains to personal vehicle sharing programs like FlightCar and generally serves to lay out requirements for sharing programs and define the relationship of the programs, the programs’ insurance companies, consumers, and consumers’ insurance companies.
In addition to the other representations and warranties in this Agreement, you affirm, represent and warrant that:
You are of legal age in your jurisdiction and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
If you are an Owner, to the best of your knowledge and belief, any Vehicle you offer for Rentals hereunder is mechanically sound, in safe condition and free of any known faults or defects that would affect its safe operation under normal use and further that it complies with the Vehicle Eligibility Requirements, and that you have, and will at all relevant times, maintain at least the minimum automobile insurance required by the laws of the jurisdiction where the vehicle is registered.
If you are a Renter, you agree to inform FlightCar of any changes in your driving record including but not limited to any driving “incidents” or any Major Violations (as defined by the Renter and Vehicle Requirements.
To the best of your knowledge, all of the information that you provide to us is truthful and accurate.
IF YOU CHOOSE TO USE THE SITE AND SERVICE AND/OR PARTICIPATE IN A RENTAL, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT FLIGHTCAR DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO RENTERS AND OWNERS. THE SERVICE AND ANY CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLIGHTCAR OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, FLIGHTCAR, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR ANY RENTAL WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT FLIGHTCAR DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE AND FLIGHTCAR IS NOT RESPONSIBLE FOR THE ACTION OF USERS OF THE SERVICE.
EXCEPT AS EXPRESSLY PROVIDED IN UNDER THE “FLIGHTCAR INSURANCE”, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLIGHTCAR, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, INCLUDING WITHOUT LIMITATION ANY RENTAL. UNDER NO CIRCUMSTANCES WILL FLIGHTCAR BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLIGHTCAR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL FLIGHTCAR, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF EITHER (a) THE AMOUNTS PAID BY FLIGHTCAR TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (b) ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FLIGHTCAR AND YOU.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FLIGHTCAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in the United States. FlightCar makes no representations that the Service is appropriate for use in other locations. Those who access or use the Service from other jurisdictions do so of their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
The Site and Service are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site and Service, including all associated intellectual property rights is the exclusive property of FlightCar and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Service.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FlightCar without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You may terminate your participation in the Site and Service at any time, for any reason, upon receipt by us of your written or email notice of termination. We may terminate your participation in the Site and Services at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Site or Services in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.
You agree that: (i) the Service shall be deemed solely based in Massachusetts; and (ii) the Services shall be deemed passive so that they do not give rise to personal jurisdiction over FlightCar, either specific or general, in jurisdictions other than Massachusetts. This Agreement shall be governed by the internal substantive laws of the State of Massachusetts, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state court located in Middlesex County, Massachusetts or the relevant United States District Court, for any actions for which we retain 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 our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
In the unlikely event that FlightCar has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any FlightCar claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in Massachusetts, under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing FlightCar from seeking injunctive or other equitable relief from the courts as necessary to protect any of FlightCar’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND FLIGHTCAR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
FlightCar may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by FlightCar in our sole discretion. FlightCar is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add firstname.lastname@example.org, email@example.com, and firstname.lastname@example.org to your email address book to help ensure you receive email notifications from us.
This Agreement, together with all amendments, all documents referenced in this Agreement (FlightCar Owner Policies and Requirements, Renter Policies and Requirements, Insurance Overview, Damage and Incident Procedures), and any other legal notices and agreements published by FlightCar via the Site and Service, shall constitute the entire agreement between you and FlightCar concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
The failure of FlightCar to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FlightCar. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.