U-Haul Car Share Driver Agreement

Any and all Drivers must read, understand and agree to the terms and conditions contained in this Agreement before reserving and using a Company vehicle. BY RESERVING AND USING THE U-HAUL CAR SHARE VEHICLE, YOU INDICATE YOUR ACCEPTANCE OF THIS DRIVER AGREEMENT.

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT.

IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE ANY COMPANY CAR SHARE VEHICLES.

 

  • DEFINITIONS:

    1. Company

      That local “U-Haul” Marketing Company located in that state, commonwealth or district where You access Company Vehicle (hereinafter “Company”, “us”, “we”, and “our”).

    2. Driver’s License

      A Driver’s current, valid and State, Commonwealth or district issued driver’s license.

    3. Driver

      An individual that has satisfied Company’s eligibility requirements for reservation and use of Vehicle (as further set forth below), who has agreed to the Terms and Conditions of this Agreement and who is authorized by Company to drive one of Company’s Vehicles (hereinafter “Driver, “You,” and /or “Your”). An individual that fails to meet any aspect of this definition of Driver is not a Driver.

    4. U-Haul Car Share

      Company’s car share program.

    5. Vehicle(s)

      Those vehicles made available by Company for use by Drivers as part of Company U-Haul Car Share.

    6. Web Site

      www.ucarshare.com

  • ELIGIBILITY FOR RESERVATION AND USE OF VEHICLE:

    1. You acknowledge and agree that to reserve and to use a Vehicle, You may be required to do, and when required You hereby agree to do, the following:
      1. Provide to Company an e-copy of Your Driver’s License through the Web Site or designated Company online app. You agree that this copy of Your Driver’s License will be saved and used by Company for purposes related to Your use of Company Vehicles.
      2. Provide truthful, accurate and complete answers about any prior committed felonies, fraud and/or driving under the influence incidents.
      3. Provide truthful, accurate and complete information related to any credit card/debit card information and personal identification information.
      4. Provide a photo of You to Company that is taken within one (1) hour of Your pick up of Vehicle (for each time You reserve a Vehicle). You agree that Company will compare Your provided photo for that specific reservation with Your already provided copy of Your Driver’s License.
      5. Authorize Company, its parent and/or related/affiliated companies, and any of their agents, and each of their employees, to perform, or run, at anytime, a check on Your driving record(or otherwise to do a driving history report).
      6. Permit Company to deny Your eligibility for initial or continued participation as a Driver for any cause and Permit Company to deny Your reservation and pick up of a Vehicle for any cause.
  • ADDITIONAL DRIVER OBLIGATIONS:

    1. DRIVER AGREES THAT BEFORE HE/SHE ENTERS A VEHICLE AND/OR DURING THE OPERATION OF A VEHICLE, HE/SHE SHALL DO ALL OF THE FOLLOWING:
      1. Hold a Driver’s License authorizing the Driver to drive a passenger vehicle.
      2. Meet all of the conditions, restrictions or other requirements of that Driver’s License. Driver agrees that if there are any changes to the Driver’s driving license and/or its status, the Driver will immediately notify Company at: 1-877-990-8227.
      3. Not use a hand held mobile phone while driving a vehicle (other than for an emergency call) and shall not text while driving a Vehicle. Driver agrees that to do so is distracted driving and that distracted driving is dangerous. DRIVER AGREES THAT DRIVING WHILE DISTRACTED IS LIKELY TO LEAD TO A CRASH CAUSING SERIOUS INJURY OR DEATH. DRIVER AGREES THAT FOR DRIVER NOT TO ENGAGE IN DISTRACTED DRIVING IS MATERIAL TO COMPANY’S DECISION TO ENTER INTO THIS AGREEMENT. DRIVER AGREES THAT FAILURE TO COMPLY IS A MATERIAL BREACH OF THIS AGREEMENT. Driver agrees that the following shall be admissible as evidence of negligence and breach of this agreement in any lawsuit or arbitration: 1) that the Driver was texting while driving a Vehicle; 2) that the Driver was using any mobile phone (other than hands free or for an emergency call) while driving a Vehicle.
      4. Wear a seat belt and require all passengers to wear a seat belt while driving a Vehicle. Driver agrees that driving without wearing a seat belt or allowing passengers to not wear a seat belt is dangerous. Driver agrees that not wearing a seat belt while driving is likely to lead to serious injury or death when in a crash. Driver agrees that its agreements herein are material to Company’s decision to enter into this Agreement. Driver agrees that failure to comply is a material breach of this Agreement. Driver agrees that the following shall be admissible as evidence of negligence and breach of agreement in any lawsuit or arbitration: 1) that the Driver was not wearing a seat belt while driving a Vehicle; 2) that the Driver did not require and/or ensure that all passengers were wearing a seat belt while driving a Vehicle.
      5. Have not used any drugs, consumed any alcohol or taken any medication that could adversely affect Driver’s ability to drive.
      6. Do a visual inspection of the Vehicle inside and out.
      7. Check for any noticeable defects in the operations or safety of the Vehicle. If there is a defect, You agree to notify us immediately at: 1-877-990-8227
      8. Immediately report to Company at tickets@uhaulcarshare.com, any moving traffic violations/tickets incurred as a result of Your operation of any Vehicle. You agree to send all pertinent information regarding the Violation or Ticket and if possible, You agree to email an actual copy of the violation or ticket.
      9. Not operate the Vehicle when any defect in the operations or safety of the Vehicle has been noticed by You during Your inspection.
      10. Check for damage inside and out including dents, large scratches, tears and windshield cracks. You agree to report minor damage in the U-Haul Car Share Guide located in the glove box of Vehicle (If damage has already been marked, there is no need to mark it again). If there is any serious damage that is not marked in the U-Haul Car Share Guide or the previous driver left the Vehicle in an unclean condition, please call us immediately at: 1-877-990-8227.
      11. Ensure that the identified credit card or debit card from which amounts are to be collected are active, valid and have sufficient funds available to cover any and all charges as a result of Driver’s use of the Vehicle.
      12. Ensure that a non-Driver shall not drive or operate a Vehicle under Driver reservation. Drivers shall be liable for any fees, costs, fines, penalties, and damages resulting from permitting any person who is not authorized by U-Haul Car Share to operate the Vehicle reserved by Driver.
      13. Be responsible for any applicable federal, state or municipal compliance, and pay any fees or taxes in conjunction with Your use of the Vehicle. You shall pay directly to that authority any and all citations, fines, penalties, moving violations, tow charges, tolls and toll surcharges incurred by You or resulting from Your use of the Vehicle.
      14. Notify Company and others for Emergencies and Accidents as follows:
        1. Call 911 immediately IF there are any injuries.
        2. Call ACCIDENT HOTLINE at 1-800-528-0355.
        3. Send email to Company at: reportdamage@uhaulcarshare.com OR call U Car Share line at 1-877-990-8227.
      15. Not store or transport any flammable, alcohol, toxic, volatile, poisonous, dangerous or illegal substances in the Vehicle.
      16. Not take a Vehicle into Mexico. This includes temporary border crossings.
      17. Observe all applicable provisions of federal, state and local laws and regulations when operating a Vehicle.
      18. Have at least five (5) years driving experience with hand controls, if there is a need to operate a Vehicle equipped with hand controls. Hand controls may be supplied by You or by Company in its sole discretion.
  • VEHICLE HOURLY RESERVATION RATES ON WEB SITE:

    1. You agree that the hourly reservation rates for each Vehicle are posted on the Web Site and that You have read, understood and agree to those hourly reservation rates.
    2. You agree that the hourly reservation rates for each Vehicle may be modified at anytime and You agree that they are effective immediately upon posting to the Web Site. BY CONTINUING TO USE U-HAUL CAR SHARE AFTER CHANGES ARE POSTED TO THE WEBSITE, YOU AGREE TO THE MODIFIED RATES. Company agrees that newly modified hourly reservation rates will not apply retroactively to existing reservations.
  • VEHICLE MILEAGE RATES ON WEB SITE AND MILEAGE ALLOTMENTS:

    1. You agree that the mileage rates and/or mileage allotted for each Vehicle are posted on the Web Site and that You have read, understood and agree to those mileage rates and mileage allotments.
    2. You agree that mileage rates and mileage allotments are based on a per day allotment and not on a cumulative allotment for the entire reservation. For example, if You have a 2-day reservation and You are allotted 180 miles per day, You are given 180 miles for day 1 and another 180 miles for day 2. Therefore, You are not given more than 180 miles per day for that 2-day reservation. In the event, You exceed 180 miles in a 24-hour period, You will be assessed a mileage fee for each mile You drive over the 180 mile maximum per day allotment.
    3. You agree that Vehicle mileage rates may be modified at anytime and You agree that they are effective immediately upon posting to the Web Site. BY CONTINUING TO USE U-HAUL CAR SHARE AFTER CHANGES ARE POSTED TO THE WEBSITE, YOU AGREE TO THE MODIFIED RATES. Company agrees that any newly modified mileage rates will not apply retroactively to existing reservations.
  • VEHICLE RESERVATION, USAGE AND MILEAGE CHARGES:

    1. You authorize us to charge to, and You agree to pay by, any credit card or debit card initially provided, or later provided, to Company, for those charges and fees as set forth below:
      1. Any hourly and any partial hourly usage, including any over the hours reserved.
      2. Any mileage resulting from Your usage of Vehicle, including any over the mileage allotted.
      3. Any fees as set forth in this Agreement.
    2. You will be charged and You will pay for all hours reserved UNLESS You do the following:
      1. Cancel the reservation at least three hours prior to the start of the reservation.
      2. Cancel within 30 minutes from the time of making the reservation WHEN You make a reservation within three (3) hours of the reservation start time.
  • DRIVER - PRIMARY PAYMENT RESPONSIBILITIES FOR OTHER DRIVERS:

    You acknowledge that You have the option of adding additional Drivers to Your account for payment purposes only. You authorize Company to charge your credit card or debit card for any reserved time and/or fees that may arise from any approved Drivers on Your account. In the “Manage Drivers” section of Your account settings, You acknowledge that You can adjust that certain usage that You will allow Drivers on Your account. You are responsible for any and all fees associated with that Driver’s use of the Vehicle.
  • FUELING:

    1. You agree to use gas card to fill the gas tank of the Vehicle with the appropriate gas when it reaches below ¼ tank. You acknowledge the following:
      1. The gas card is located on the driver side visor.
      2. Like any other credit card, use it at the pump or bring it in to the attendant.
      3. You will be asked to enter your Driver ID. If you are in a Vehicle with the new keypad, Your Driver ID will be on Your reservation confirmation page and Your account page under My Profile).
      4. Enter the full odometer reading (Be sure it’s not the trip meter).
      5. Fill the tank completely with regular unleaded gasoline.
      6. Tighten the gas cap completely and put the card back in the visor.
    2. These gas cards are accepted at most gas stations (one exception is ARCO). If the gas station does not accept the gas card, please continue to the next place or put some gas in it with Your own credit or debit card and we will reimburse You upon submission of a receipt.
    3. In the event the gas card does not work, You have the option to put a maximum of $15 worth of gas on Your own and We will reimburse You for that amount upon a properly submitted receipt.
  • LATE RETURN AND LATE RETURN FEE:

    1. You agree that Your failure to return the Vehicle as You agreed can result in monetary loss and/or damages to Company, including but not limited to lost revenue damages. Therefore, we reserve our rights to charge You for, and You agree to pay for, any and all monetary loss or damage incurred as a result of Your failure to return the Vehicle as You agreed.
    2. Because You are sharing the Vehicle with other drivers, You agree to adhere to Your scheduled reservation times. You agree that there may be other drivers waiting for You upon Your return. You agree that if You are late in returning the Vehicle, You may be charged a fee and You agree to pay that fee subject to the following:
      1. If you return the Vehicle after expiration of Your reservation and You DO NOT CALL us before your reservation expires:
        1. You will be charged and You will pay a $50.00 fee PLUS any hourly or partial hourly charges incurred.
      2. If You return Vehicle after expiration of Your reservation and You DO CALL us before Your reservation expires AND IF another driver has reserved Your Vehicle for use right after the expiration of Your reservation:
        1. You will be charged and You will pay a $50.00 fee IF you are more than five (5) minutes late returning the Vehicle. In addition, You will be charged and You will pay for any costs that Company incurs taking care of that other waiting driver including but not limited to any taxi or bus fares. You will also be charged and You will pay any hourly or partial hourly charges incurred.
      3. If You return Vehicle after expiration of Your reservation and You DO CALL us before your reservation expires AND IF another driver has NOT reserved Your Vehicle for use right after expiration of Your reservation:
        1. You will be charged and You will pay a $50.00 fee IF You are more than fifteen (15) minutes late returning the Vehicle. You will also be charged and You will pay any hourly or partial hourly charges incurred. You acknowledge that as a way for You to avoid late fees, You will have the option to opt-in to our text message notifications. Company will attempt to send to You a text message at least 30 minutes before your Vehicle is due to be returned as agreed by You.
  • OTHER FEES THAT MAY BE INCURRED BY YOU AND THAT YOU AGREE TO PAY:

    1. Credit/Debit Card Decline. If Your credit/debit card declines for any reason and You are late on payment, You will be charged and You will pay a $50 late payment fee. Upon a declined credit/debit card, You will be temporarily inactive from the U-Haul Car Share Program until You login again and provide a valid credit/debit card.
    2. Failure to Refuel Fee. For Your reservation, if You do not refuel the Vehicle when it reaches below ¼ tank, You will be charged and You will pay a $50 fee for failure to refuel the Vehicle.
    3. Smoking/Pets Fee. You agree that there is no smoking allowed in the Vehicle. You agree that Pets ARE allowed in Vehicle, but in approved pet carriers only. You agree that if You allow smoking in the Vehicle or pets outside of carriers in the Vehicles, then You will be charged and You will pay a $50 fee PLUS the full cost of cleaning and damage caused by smoking or pets to the Vehicle.
    4. Cleaning Fee. If you leave the Vehicle interior soiled or with trash, You will be charged and You agree to pay a $50 cleaning fee.
    5. Failure to Return Key; Ignition Key/Key Fob Replacement Fee. If You fail to log in upon the conclusion of your drive and return the key, You will be charged and You will pay a $200 “Failure to Return Key” fee. In the event of a lost key or Fob, You will be charged and You will pay a $50 re-key/ re-Fob fee PLUS the cost of replacement.
    6. Failure to note damage caused by previous driver. If You fail to note in the Vehicle Guide any damage caused by that immediate prior user of the Vehicle, You will be charged and You will pay a $50 failure to note damage fee.
    7. Abandonment of Vehicle. If You abandon the Vehicle without good cause, You will be charged and You will pay a $50 fee PLUS any applicable costs to tow and/or recover the Vehicle.
    8. Failure to Check-out. If You fail to properly check-out upon returning the Vehicle at the conclusion of Your drive by logging in and providing the mileage, fuel amount, and plate information, You will be charged and You will pay a $5 fee.
  • COLLECTION OF AMOUNTS DUE:

    1. Driver acknowledges and agrees that Company may utilize third parties to collect amounts owed to Company by a Driver. Driver will pay for any and all collection costs including reasonable attorney fees.
  • LIABILITY PROTECTION:

    1. An automobile liability insurance policy or a qualified self-insurance arrangement provides the Driver with the minimum limits required by the automobile financial responsibility or compulsory insurance law of the jurisdiction in which the accident occurs. The protection provided by the Company is excess or secondary to any insurance coverage of the Driver. If the liability protection provided under this Agreement and other insurance available to the Driver and applies to a loss on the same basis, the Company will pay only the Company’s share. The Company’s share is the proportion that the limit of protection provided under this Agreement bears to the total limit of all insurance applicable to such loss. To the extent permitted by applicable law and except where prohibited in New Jersey, the Company’s protection does not apply to bodily injury (including death) or property damage to any Driver and/or the Driver family drivers related by blood, marriage or adoption who reside with the Driver and/ or to any other person who resides with the Driver.
    2. Driver understands that this protection does not apply to: any intentional torts or criminal acts; any false or fraudulent claims; any obligation assumed by a Driver under any contract; any fines, penalties, punitive damages or exemplary damages which a Driver may become legally obligated to pay; injury to or destruction of personal property owned by or in the possession, custody or control of a Driver or either of its passengers; any liability of a driver of Vehicle who is not a Driver and; any liability for an accident which occurs while the Vehicle is obtained or used in violation of this Agreement. In the event that the liability protection is extended by operation of law to anyone who is not a Driver, then the limits of protection shall be those minimum required by the automobile financial responsibility or compulsory insurance laws of the jurisdiction in which the accident occurs. This liability protection will apply on the same basis as described previously in this paragraph.
    3. Driver understands that this protection does not apply to any act or omission in Mexico.
    4. Any protection provided in this section is limited to the duration of a Driver’s reservation for the Vehicle as set forth in that specific reservation.
    5. Driver will indemnify and hold the Company, its agents, employees, parent(s) and affiliates harmless from and against any and all loss, liability, claim, demand, cause of action, attorney's fees and expense of any kind (a “loss”) in excess of the limits stated herein or beyond the scope of the protection provided for herein, if any, arising from their misuse of the Vehicle, including but not limited to attorney's fees incurred by the Company to enforce any of its rights hereunder.
  • COMPANY RIGHT TO DEFEND:

    1. The Company has no duty to defend lawsuits not covered by this liability protection. To the extent permitted by applicable law and except where prohibited in New Jersey, the Company has no duty to defend any Driver in any claim or lawsuit arising out of any acts prohibited by this Agreement. Driver understands that if a claim is made or a lawsuit is filed under the terms of this Agreement, and if no other source of defense is available to the Driver, then the Company may defend the claim or lawsuit at its sole discretion. In defending the claim or lawsuit, the Company may, at its sole discretion, make any settlements which the Company considers advisable. Company has a right, but not a duty, to defend a claim or lawsuit at its sole discretion. Company has the exclusive right to hire, retain and direct its counsel of choice, if and when Company defends a claim or lawsuit hereunder.
  • MY DUTY TO COOPERATE:

    1. In the event of an accident the Driver is required to provide notice of the accident as soon as possible. Notice shall be provided as follows:
        1. Immediately call ACCIDENT HOTLINE at 1-800-528-0355.
      AND
      1. Send email to Company at: reportdamage@uhaulcarshare.com OR call Company at 1-877-990-8227.
    2. Driver agrees to fully cooperate with the Company in investigating and/or defending any claim or lawsuit. The failure to cooperate will void any protection provided herein, subject to applicable law and where prohibited in New Jersey. In the event of an accident the Driver agrees to provide the Company with the name of their insurance company and also agree to fully cooperate with the Company in the presentation of claims and in any other aspect of the claims process and report the accident to the Driver’s insurance company. The Driver and shall, as often as may reasonably be required, present to any person designated by the Company for an examination under oath to assist in the investigation and timely disposition of Your claim or claim(s) or the potential claim(s) of any third-party. The presentation of the requested examination under oath is material to the decision to enter into this Agreement and the failure to comply with this provision may void any coverage hereunder.
  • NO-FAULT BENEFITS:

    1. Unless required by applicable law and to the extent prohibited in New Jersey, the Company does not provide no-fault benefit, supplemental no-fault benefits, personal injury protection or other insurance, coverage or protection that is optional or can be waived or rejected, and Driver specifically waives and rejects all such benefits, protection, coverage and insurance. To the extent required by applicable law, the Company provides no-fault benefit to Driver and passengers, limited as follows: the Company's no-fault protection does not apply until after exhaustion of all other no-fault insurance and/or other protection available to the Driver and/or passenger(s) (no-fault, supplemental no-fault, personal injury protection, employer's insurance and/or any other protection or indemnification, whether primary, excess or concurrent), and then the Company's protection applies to the extent it is needed to meet, on a cumulative basis with all such other insurance and/or protection available to the Driver and/or passenger(s), the minimum benefits required by applicable law. To the extent applicable law requires that Company provide no-fault benefits other than as described above, they will not exceed the minimum benefits required by such law.
  • UNINSURED/UNDERINSURED MOTORIST PROTECTION:

      Unless required by applicable law and to the extent prohibited in New Jersey, the Company does not provide UNINSURED/UNDERINSURED PROTECTION or other protection that is optional or than can be waived or rejected, and Driver specifically waive and reject all such benefits, protection, coverage and insurance. Only to the extent required by applicable law, Company provides UNINSURED/UNDERINSURED PROTECTION to Driver and passengers, limited as follows: Company's UNINSURED/UNDERINSURED PROTECTI0N does not apply until after exhaustion of all other insurance and/or other protection available to the Driver and/or passenger(s), whether primary, excess or concurrent, and then Company’s protection applies to the extent it is needed to meet, on a cumulative basis with all such other insurance and/or protection available to the Driver and/or passenger(s), the minimum benefits required by applicable law. To the extent applicable law requires that Company provide UNINSURED/UNDERINSURED PROTECTION other than described above, it will not exceed the minimum protection required by such law.
  • DAMAGE WAIVER:

    1. You acknowledge that You are provided a damage waiver in the event the Vehicle sustains loss or damage as a result of an accident. You agree that the damage waiver is specifically subject to the following:
      1. You are responsible for the first $500.00 of loss or damage to the Vehicle;
      2. Damage Waiver is effective only during a valid reservation for that reserved Vehicle.
      3. You agree that the damage waiver excludes and does not apply to any damage or loss caused by:
        1. Your intentional or criminal or willful or wanton or reckless acts;
        2. Off-road use;
        3. Graffiti;
        4. Use of the Vehicle during Your reservation by someone other than the You Or Authorized Driver;
        5. Your use of a hand held mobile phone while driving a vehicle (other than for an emergency call); and
        6. Any failures by You to comply with the terms of this Agreement.
  • TERMINATION, ENDING OF RENTAL PERIOD:

    1. U Car Share reserves the right to terminate your status as a Driver at any time, with or without cause, with or without prior notice to You. You agree that upon any termination of your participation in the U-Haul Car Share Program, You shall immediately return to that designated Company location all Company property (such as keys or keycards). Furthermore, upon any termination of Your participation in the U-Haul Car Share Program, You will be liable for all amounts due and owing to Company and You agree that You may receive a refund of any funds due to You, less all outstanding amounts due and owning to Company, within a reasonable time.
    2. You have the right to terminate your status as a Driver at any time, with or without cause, with notice to U Car Share as follows: member@uhaulcarshare.com
  • TELEMATICS NOTICE AND CONSENT:

    1. You acknowledge that Vehicle is equipped with a global positioning system (GPS) device and a Nova Box Device which is a device that, among other things, communicates your reservation information to the Vehicle. The Vehicle may also be equipped with an Event Data Recorder (EDR) for the purpose of recording data about the operation of the Vehicle and/or other telematics. You acknowledge that such systems utilize cellular telephone and /or radio signals to transmit data and communication and, therefore, privacy cannot be guaranteed. You authorize and consent to the use of, disclosure of, access to and retrieval of, any and all data and information produced or derived from any of these systems.
  • DRIVER DATA USAGE AND DISCLOSURE:

    1. You acknowledge that Company captures, stores, processes and uses the Driver’s personal data, including, but not limited to, the usage and vehicle data as they relate to the Driver. This is done to the extent necessary for the administration and implementation of the Agreement and the Driver’s use of the Vehicle.
    2. You agree that Company may disclose to any affiliated or non-affiliated third-party, Your personal data to the extent this is necessary for performance of the Agreement and/or with regard to the use of the Vehicle.
    3. You agree that Company may disclose Your personal data to that governmental authority or agent of a governmental authority that is necessary for that party to seek payment from You for any fines, penalties, moving violations, tow charges, tolls and toll surcharges incurred by You and Your use of the Vehicle.
  • WARRANTY DISCLAIMER:

    1. COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
    2. FURTHERMORE AND SPECIFICALLY, COMPANY DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTY THAT VEHICLE WILL BE ALWAYS BE AVAILABLE FOR YOUR USE AND THAT VEHICLE WILL BE WITHOUT NEED OF REPAIR OR IN GOOD WORKING ORDER.
  • YOUR INDEMNIFICATION OF COMPANY:

    1. To the fullest extent permitted by law, You shall indemnify, defend and hold harmless Company, its parent and/or related/affiliated companies, and each of their directors, officers, agents, employees, subcontractors and independent contractors, and each of them, from and against any and all third party claims, demands, causes of action, costs, damages, expenses, losses and liabilities (including reasonable attorneys’ fees) incurred or to be incurred, arising out of or resulting from, any failure to abide by the terms of this Agreement or as a result of Your intentional acts or misuse of the Vehicle.
  • MISCELLANEOUS:

    1. The waiver of any breach or default of any provision of this Agreement will not constitute a waiver of any other right hereunder or of any subsequent breach or default.
    2. This Agreement constitutes the entire and exclusive agreement of the parties regarding its subject matter and supersedes any and all prior or contemporaneous agreements, communications, handbooks and understandings (both written and oral) regarding such subject matter.
    3. The provisions of the Terms and Conditions are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the Terms and Conditions is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affective the validity, legality or enforceability of any of the remaining provisions.
    4. This Agreement will be binding on and inure to the benefit of the parties and their respective heirs, personal representatives, successors, transferees and assigns.
    5. Nothing in this Agreement, express or implied, is intended or will be construed to confer on any person, other than the parties to this Agreement, any right, remedy, or claim under or with respect to this Agreement.
    6. Time is of the essence with respect to all dates and time periods set forth or referred to in this Agreement.
  • U-CAR SHARE ARBITRATION AGREEMENT

 

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

You and Company agree to resolve any claims relating to these Terms or the Sites through final and binding arbitration, except as set forth below.

IF YOU ARE A U.S. RESIDENT, YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. Arbitration under this agreement shall be held in the United States county where you live or work, Arizona, or any other location we mutually agree to, subject to Arizona law. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Maricopa County, Arizona to resolve your claim. By agreeing to rent the car (hereinafter referred to as "Vehicle" and as further defined below) from the Company ("Company" as defined below) as part of the U-Haul Car Share program, You ("You" as defined below) agree to the terms and conditions of this Company Arbitration Agreement ("Agreement").

  1. Company and You agree that Company’s sales and rentals have an effect on interstate commerce. Therefore, Company and You agree that this Agreement shall be construed and interpreted under the Federal Arbitration Act, 9 U.S.C. Section 1, et. seq.
  2. You and Company agree that any and all Claims ("Claims" as defined below) between You and Company relating in any way to Your U-Haul Car Share Program application, Your participation in the U- Haul Car Share Program or Your use or operation of the Vehicle shall be submitted to binding Arbitration before the American Arbitration Association ("AAA") in accordance with AAA Consumer Arbitration Rules (www.adr.org/consumer) and the AAA Commercial Arbitration Rules for Large, Complex Matters (www.adr.org/commercial) (Claims seeking $500,000 or more). AAA Rules are also available at www.uhaul.com/arbitration. Judgment may be entered on the Arbitration award by a Court of competent jurisdiction. You and Company agree that Claims submitted to Arbitration shall be decided in a single arbitration by a single Arbitrator who must be on the AAA National Roster of Commercial Arbitrators and selected in accordance with the AAA Rules. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators have the authority to award the same damages and relief that a court can award.
  3. CLASS ACTION WAIVER: COMPANY AND YOU AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. COMPANY AND YOU AGREE THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME ARBITRATION UNLESS ARISING FROM THE SAME TRANSACTION. FURTHERMORE, COMPANY AND YOU AGREE THAT NEITHER YOU NOR COMPANY MAY PURSUE THE CLAIMS IN ARBITRATION AS A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION NOR MAY ANY SUCH CLAIMS BE PURSUED ON EITHER OF OUR BEHALF IN ANY COURT, INCLUDING ASSIGNED CLAIMS. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD RELIEF ONLY ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS.
  4. WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THESE TERMS
  5. You acknowledge and agree that You voluntarily and knowingly entered into this Arbitration Agreement, which waives your right to file a lawsuit in court (except for small claims), and chose to rent from Company rather than, or in addition to, one of its competitors who may not have an arbitration agreement.
  6. In the event this Agreement conflicts with any Arbitration Agreement in the Agreement or CarShare Driver Handbook or elsewhere, the Arbitration Agreement that is specifically posted to Drivers or Authorized Driver’s account or otherwise posted at www.ucarshare.com at 11:59 pm EST the day proceeding the event precipitating Your claim or any claim by Company, shall control and govern.
  7. In order to protect the confidential, proprietary, and trade secret information of the parties, Company and You agree to enter into a non-sharing Confidentiality Agreement. In the event, Company and You cannot agree on the Confidentiality Agreement, the Arbitrator shall have the sole responsibility for determining such terms. In no event shall the Confidentiality Agreement in any way prevent Company or You from offering any document as evidence in an Arbitration proceeding under this Agreement, subject to any ruling on admissibility by the Arbitrator.
  8. The applicable Statute of Limitations for each claim(s) shall apply as if the claim(s) were filed in a court of law. The Arbitrator shall have the sole responsibility of determining the appropriate Statute of Limitations for each claim(s) under the law.
  9. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: U-Haul Car Share Arbitration, 2721 North Central Ave., 5th Floor, Phoenix, AZ 85004. Specifically, you can decline this agreement to arbitrate by clicking here and submitting the opt-out form within 30 days of first accepting these Terms. If you send this notice, then the Arbitration Agreement will not apply to either party and you must litigate pursuant to the choice of law and forum selection provisions. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.

DEFINITIONS:

"Vehicle"
means that automobile that You use as part of your participation in Company's U-Haul Car Share Program.
"Company"
means U-Haul International, Inc. and its respective subsidiaries, insurers, parent, affiliates, agents, and dealers.
"You"
means You and Your respective employer, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, relatives, spouse, beneficiaries, estate, domestic partners, heirs and assigns, as well as all authorized or unauthorized users of the Vehicle.
"Claims"
is to be broadly interpreted to include any dispute, claim or cause of action arising out of or relating to, Your dealings with Company, including but not limited to, the U-Haul Car Share application, U-Haul Car Share participation, the reservation and/or reservation process, use of any affiliated Company website, Company or affiliated Company advertising, the U-Haul Car Share Driver Agreement and/or U Car Share Handbook, or Your use or operation of the Vehicle, or any use or operation of the Vehicle by You at the request of the Company. Claims include any and all legal theories, including but not limited, all statutory and tort claims, that may be asserted by You.

RULES APPLICABLE TO ALL CLAIMS:

Notice and Demand Procedure. If You intend to seek Arbitration, You must first send by certified mail, a written Notice of Dispute ("Notice") to: U-Haul Car Share Arbitration, 2721 North Central Ave., 5th Floor, Phoenix, AZ 85004 ("Notice Address"). You may obtain a form notice at www.uhaul.com/arbitration. If Company and You do not reach an agreement to resolve the Claims within 60 days after the Notice is received, or immediately upon Company's denial of Your Claim, You or Company may commence an Arbitration proceeding by filing a Demand for Arbitration ("Demand"). You may obtain a form Demand at www.uhaul.com/arbitration. During the Arbitration, the amount of any settlement offer made by Company or You shall not be disclosed to the Arbitrator until after the Arbitrator determines the amount, if any, to which You or Company is entitled.

Arbitration Rules. The AAA Consumer Arbitration Rules apply in the arbitration of all Claims with the following exceptions:

  1. Small Claims Court Option. For Claims that do not exceed the jurisdictional limit of small claims court, Company or You may bring Claims in small claims court instead of arbitration. The rules of the small claims court shall apply. If You elect this option and the small claims court find in Your favor on the merits of Your claim, Company shall reimburse your filing and service of process expenses up to $500 and pay You $500 in addition to what You are awarded (“Small Claims Premium”).
  2. Arbitrator Selection. For Claims seeking less than $500,000, after consumer and business filing fees have been paid, AAA will send the parties a list of five (5) qualified Arbitrators from its National Roster. If the parties do not agree on the Arbitrator within 14 calendar days from the date both parties have received the list, then the AAA case administrator shall conduct a telephone conference during which You and Company will alternately strike names from the list of Arbitrators, with You striking the first name, until one Arbitrator’s name remains. If such Arbitrator is not available or declines to serve, AAA shall generate another list, and the selection process shall be repeated.
  3. Claims seeking $75,000 or less. After Company receives the required Demand for Arbitration that You have commenced Arbitration, it will reimburse You for your payment of the filing fee. The Arbitration will take place in the County (or Parish) where You reside, unless otherwise agreed in writing by You and Company. Company waives any right to recover attorneys' fees or costs from You except as expressly provided in this Agreement. If the Notice procedure above was followed and: a) Company did not make a written offer to settle the dispute up to 14 days before the arbitration hearing, and the Arbitrator awards you any relief on the merits; or b) after finding in Your favor in any respect on the merits of Your claim, the Arbitrator issues You an award that is greater than the value of Company's last written settlement offer made up to 14 calendar days before the arbitration hearing, then Company will: i) pay You the amount of the Arbitrator's award or $7,500, whichever is greater (Alternative Payment); and ii) pay Your attorney, if any, the amount of reasonable attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that Your attorney reasonably accrued for investigating, preparing, and pursuing Your Claim in Arbitration (the Attorney Premium) and which are presented to Company within 14 calendar days of the Award. The maximum payment of attorney’s fees and expenses under the Attorney Premium shall be the amount of the Arbitrator’s award.
  4. Claims seeking $15,000 or less. In addition to sub-paragraph "c" above, You may choose whether the Arbitration proceeds in person, by telephone, or based only on written submissions.
  5. Claims seeking in excess of $500,000. The AAA Rules for Large, Complex Commercial Disputes shall apply. A single Arbitrator shall preside over the arbitration, except that You or Company may elect to proceed before a panel of three (3) Arbitrators. Payment of all fees will be governed by AAA Rules. The Arbitration will take place in the County (or Parish) where You reside, either at the time of the rental and/or sale or return of the Equipment, unless otherwise agreed in writing by Company and You. The Federal Rules of Evidence shall apply unless otherwise agreed to in writing by Company and You.

Arbitrator's Authority. The Arbitrator shall:

  1. Be bound by the terms of this Agreement;
  2. Decide all issues based on the evidence and arguments submitted by a party, except issues relating to the scope and enforceability of the Arbitration Agreement (including but not limited to the enforceability of the individual action requirement of paragraph 3, above) which shall be for a Court of competent jurisdiction to decide;
  3. Issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based and to identify the specific types of damages awarded, if any;
  4. Award any form of individual relief, including equitable relief, injunctions, and other relief available under applicable law;
  5. Make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney Premium at any time during the proceedings;
  6. Participate in a post-decision Arbitrator Interview for the purpose of providing candid feedback to a party concerning the effectiveness and persuasiveness of its presentation of evidence and arguments. Such Arbitrator Interview shall be held after the final conclusion of the matter and be conducted telephonically or in-person at the election and expense of the requesting party. The Arbitrator will be compensated at the hourly rate that prevailed during the arbitration proceedings. Nothing in this section requires an Arbitrator to communicate in a way that violates ethical standards. Nothing disclosed by the Arbitrator in the Arbitrator Interview may be used as a basis to challenge the Arbitrator’s decision.
  7. Retain jurisdiction to resolve issues between the parties concerning interpretation and application of the decision. Such post-decision issues shall be resolved based on written submissions only. A deposit for the arbitrator’s time to resolve a post-decision issue shall be set by the arbitrator and advanced by the requesting party with such deposit reimbursable in whole or in part at the arbitrator’s discretion.

AAA and Arbitrator Fees. Current filing fees are available at www.adr.org. Except as otherwise provided in this Agreement, Company will pay all AAA filing, administration, and arbitrator fees to a maximum of $5,000 for any Arbitration initiated in accordance with the Notice Procedure above. Current filing fees are available at www.adr.org. The Arbitrator shall have discretion to determine how fees in excess of $5,000 shall be attributed between Company and You and whether any portion of fees prepaid by Company shall be reimbursed by You to Company.

Attorney's Fees and Costs. Nothing in this Agreement limits the right to attorney’s fees and expenses You may have under applicable law. However, You may not recover duplicative awards of attorney’s fees or costs. Although under some laws Company may have a right to an award of attorney’s fees and expenses if it prevails in Arbitration, Company agrees that it will not seek such an award unless the Arbitrator determines that your Claims or relief sought are frivolous or brought for an improper purpose as measured by the standards set forth in Federal Rules of Civil Procedure 11(b).