Thank you for signing up with RelayRides! This document sets out contractual terms for your participation in the marketplace. The terms are legally binding on you, so it’s important that you read and understand them.
As stated on the RelayRides site and in our mobile application(s), when you click the appropriate button to continue with your registration or activity, that action will constitute acceptance of the Agreement. If you have any questions for us concerning the Agreement or RelayRides generally, please contact us at firstname.lastname@example.org.
Thank you for your interest in RelayRides!
The RelayRides Team
Terms of Service
Last revised: December 13, 2013
The following terms apply to each member (including car renters and car owners) of the RelayRides marketplace (including the airport parking program):
1. Registration and Verification. When you sign-up for various services offered by RelayRides, you will provide certain information about yourself (e.g. information concerning your car, your driving record, etc.). You promise to provide complete and accurate information to RelayRides. RelayRides 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 RelayRides to request, receive, use and store such information for a reasonable period of time. RelayRides may accept or reject your registration application in its discretion for any reason.
4. Your Commitments. You agree that you will always use the marketplace in compliance with the terms of this Agreement and any other policies and standards provided to you by RelayRides. You promise RelayRides that you have the legal right to enter into this Agreement and to use the marketplace. You promise that your activities with RelayRides won’t violate anyone else’s rights. You also agree to comply with all applicable laws and regulations.
5. Protection. In addition to the terms set forth in Sections 16 and 25 below, during the applicable rental period (i.e., the scheduled start time of renter’s reservation through their return of the car), RelayRides will provide certain comprehensive and collision protection for the car, as well as liability insurance for bodily injury and property damage arising from use of the car. You understand and agree that, for “Uninsured/Underinsured Motorists & No-Fault” (including Medical Payments/First Party Benefits/Personal Injury Protection etc.): RelayRides has either waived such coverage entirely or subscribed to the lowest limit allowable by state law and that you are bound by the election and agree to be so bound. The liability insurance and the comprehensive and collision protection shall be excess and contingent over any other valid and collectible insurance that may be available to the renter. Insurance amounts and other details may be found in the RelayRides Policies. If you have questions about your own personal insurance policies, you should contact your insurance professional; if after reviewing these Terms of Service and FAQs, you or your insurance professional still have questions regarding the RelayRides protections, please contact us at email@example.com and we will connect you with our broker to explain how our protections operate.
6. Termination. You may discontinue your use of the RelayRides marketplace at any time and RelayRides may terminate your access to the RelayRides marketplace for any reason or no reason. Termination of access to the marketplace will not release either party from any obligations incurred prior to the termination and RelayRides may retain and continue to use for its own internal purposes any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations provided under this Agreement and all of those terms will survive any termination of this Agreement.
7. Disclaimer of Warranty and Limitation of Liability. This Agreement describes all of RelayRides’ obligations in the event of any loss or damage resulting from your participation in the marketplace. In order to disclaim warranties and to provide for certain limitations on our liability, we are required to provide the following information in this format:
RELAYRIDES PROVIDES A MARKETPLACE THAT ENABLES CAR RENTAL SERVICES BETWEEN CAR OWNERS AND CAR RENTERS. RELAYRIDES DOES NOT PROVIDE CAR RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS MARKETPLACE, THE CAR MANUFACTURER OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-CAR GPS OR OTHER SYSTEMS). EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, RELAYRIDES HEREBY DISCLAIMS ANY WARRANTY OF ANY KIND WITH RESPECT TO THE CARS AND OTHER PRODUCTS AND SERVICES PROVIDED BY OR THROUGH RELAYRIDES, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RELAYRIDES MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. USE OF THE SERVICE, AND ANY CARS RENTED THROUGH THE MARKETPLACE, IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RELAYRIDES WILL CREATE ANY EXPRESS WARRANTY.
IN NO EVENT WILL RELAYRIDES BE LIABLE TO YOU FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN RELAYRIDES’ EXPRESS INSURANCE AND REIMBURSEMENT OBLIGATIONS DESCRIBED IN THIS AGREEMENT, RELAYRIDES’ LIABILITY UNDER THIS AGREEMENT, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO EVENT EXCEED THE LESSER OF THE AMOUNTS PAID TO YOU UNDER THIS AGREEMENT OR $100.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT SETS FORTH CERTAIN RIGHTS AND RESPONSIBILITIES. SOME STATES MAY PROVIDE YOU WITH OTHER SPECIFIC LEGAL RIGHTS. THE TERMS OF THIS SECTION WILL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.
8. No Agency. RelayRides does not intend to appoint you or any other member as its employee, legal agent or to form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of RelayRides and RelayRides will not make commitments on your behalf, except as contemplated by the marketplace or expressly stated in this Agreement.
9. No License. The RelayRides marketplace contains copyrighted material, trademarks, and other proprietary information, all of which is individually and collectively protected by copyrights laws and other intellectual property laws in the United States and internationally. Except as part of the intended use of the RelayRides marketplace, you must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. Except for content provided by users through the RelayRides marketplace, all of the content presented through the RelayRides marketplace is owned by RelayRides and its licensors. All rights are hereby expressly reserved.
10. General. This Agreement states the entire understanding between you and RelayRides concerning your participation in the marketplace and supersedes any earlier verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights in whole or in part to any third party without advance written consent of the RelayRides. You will remain responsible for your obligations hereunder in any event. If any provision of this Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. Any modification or waiver of any term of this Agreement must be agreed to in writing by RelayRides. RelayRides’ failure to exercise any right under this Agreement will not constitute a waiver of any other right RelayRides may have. This Agreement and any related claims or disputes will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. There is personal vehicle sharing legislation that may apply to you; more information is available in our FAQs.
Terms for Renters
The following Sections 11-17 apply if you rent a car using the RelayRides marketplace:
12. Fees and Losses. You are responsible for paying all fees when they come due in connection with your use of the marketplace. You authorize RelayRides to charge any payment cards on file in your account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for payment of usage fees from the start of your rental period until the time you return the car. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines) incurred during the rental period (and after, if the car has not been parked in an authorized and legal parking space).
With regard to damage, losses, or other liabilities, you acknowledge that any personal insurance you have available to you (e.g., personal auto insurance, insurance from credit cards, etc.) will be the primary source of funds for your liabilities hereunder and the protection offered by RelayRides will not be available to you until your personal insurance has been exhausted. In addition, RelayRides protection may not be available to you in the event you breach your obligations under this Agreement (e.g. if you drive a vehicle while under the influence of drugs or alcohol or otherwise violate any of the RelayRides Policies). Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses or other liabilities relating to your rental activities through the RelayRides marketplace. You agree that in the event damage is reported, RelayRides may immediately charge you up to the amount stipulated with the protection package that you selected when you booked the car. Nothing in this Agreement is intended to limit your responsibilities or RelayRides’ legal rights in connection with your use of the marketplace (or any vehicles rented through the marketplace).
You acknowledge that RelayRides may require and hold a deposit as part of the reservation of a car, and that if a deposit is required, you will be affirmatively notified by RelayRides and have the option to make the deposit or cancel your reservation.
13. Use of the Car. When you rent a car through RelayRides, you may use the car only for your personal use and not for any commercial purposes (e.g. running a taxi service). You may not access a car until the beginning of your rental period and you must return the car on time and to the correct parking location. You must exercise reasonable care in your use of the car. In the event RelayRides has any concern about your use of a vehicle, RelayRides may terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the owner. You are required to wear seatbelts during the operation of the car and to require that all of your passengers wear seatbelts as well. You are also required to meet any laws or regulations concerning car seats and other protections for young passengers.
The RelayRides policies section provides a list of “Prohibited Uses”of any car rented through the RelayRides marketplace. The list isn’t meant to be exhaustive. If you have any concerns about your planned use, please contact RelayRides customer service at firstname.lastname@example.org. You will be fully responsible for any claims, loss or damage related to your misuse of a car. Renters also acknowledge that using a vehicle in a prohibited manner may lower the renter's liability coverage to state minimum limits or nullify coverage, where allowed by applicable state law, and may furthermore nullify any comprehensive or collision protection.
14. Condition of the Car. You understand that, unless otherwise specifically noted, the cars offered though the RelayRides marketplace are owned by third parties and are not owned or maintained by RelayRides. Each owner is responsible for maintaining and repairing the car(s) they offer through the marketplace in a roadworthy condition and is ultimately responsible for the condition of the car at the beginning of the rental period. Please complete a visual inspection of any rented car before you begin your use of the car. If you find damage in your initial inspection, you must notify RelayRides immediately, to avoid any confusion about your role in the cause of the damage, or you may be held liable for any damage. As an alternative, you and the owner can jointly agree and document such agreement, with supporting photographs, of any pre-existing damage for which you as the renter should not be liable. If you find damage on your initial inspection and fail to report it, RelayRides may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the car is not safe enough to drive, please do not use the car; in that event, please contact the RelayRides team immediately at 1-866-RELAY-01.
15. Incident Reporting. You must immediately report any damage to the car you are using to RelayRides at email@example.com, or 1-866-RELAY-01, and if there has been a collision, to the police as well. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide RelayRides with a written description of the incident and any other information RelayRides may request, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by RelayRides, our claims administrators, or insurers. After an incident, you may not continue to use the car unless you have the explicit permission of RelayRides staff. Failure to timely report an incident may reduce or invalidate protection purchased from RelayRides
16. Insurance. In addition to the terms in Section 5 above:
You understand and agree that RelayRides will provide primary liability insurance for the owner and that renters will not look to an owner’s policy for coverage in accordance with RelayRides Policies and all available state car sharing statutes.
RelayRides will provide certain liability insurance and protection against physical damage losses as described in this Agreement and the RelayRides Policies. You are fully responsible for paying any damages not covered by insurance, as well as insurance deductibles, fees, expenses, liens, and fines arising out of your use of a RelayRides car. If RelayRides advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to RelayRides’ schedule for re-payment of those amounts to RelayRides.
17. Waiver. RelayRides provides a marketplace to allow car owners and renters to connect in an easy and efficient way. Except as expressly provided in this Agreement, RelayRides and the applicable car owner do not intend to take liability with respect to your use of the RelayRides marketplace or the applicable car(s). AS SUCH, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST RELAYRIDES AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “RELAYRIDES PARTIES”) AND THE CAR OWNER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS MARKETPLACE INCLUDING, WITHOUT LIMITATION, A CAR NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN A CAR, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR PASSENGERS AND, IN THE CASE OF THE RELAYRIDES PARTIES, ANY ACTIONS OR INACTION OF THE CAR OWNER. YOUR WAIVER DOES NOT EXTEND TO ANY DAMAGES OR LOSSES RESULTING FROM ANY PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Terms for Renters Participating in RelayRides’ Airport Parking Program
The following Sections AA-BB apply in addition to Sections 11-17 if you rent a car available through the RelayRides Airport Parking Program:
AA. Incident Reporting. This Section GG applies in addition to Section 15. You are obligated to report (by e-mail to firstname.lastname@example.org, copying email@example.com) any and all damage caused by or to the vehicle as soon as possible, and in no event later than 24 hours from occurrence. Failure to timely report an incident may reduce or invalidate protection purchased from RelayRides. If you cause any damage to the car during your rental, RelayRides reserves the right to terminate your rental. If there is damage which is conclusively determined by RelayRides not to be your fault, and the car is in safe and roadworthy condition, you may be permitted to continue to use the rental.
BB. Gas. This Section BB replaces the RelayRides gas policy for rentals of cars through the RelayRides Airport Parking Program. If you return a car with less gas than when you picked up the car, RelayRides reserves the right to charge the gas fees as described in the airport policies section to refuel the car to the level of gas it had upon pickup.
Terms for Owners
The following Sections 18-26 apply if you rent out your car through the RelayRides marketplace:
18. Information Given at Registration. When you sign-up for RelayRides, you will identify a particular passenger car(s) that you want to list for rent through the marketplace. Each car must meet the requirements provided by RelayRides on the RelayRides site from time to time. You may only use the marketplace in connection with cars that you own or otherwise have all the necessary rights and permissions to rent out.
19. Car Availability. Once you accept a reservation and it is booked, you are required to make the car available as expected by the renter. You must also include the location of the car on your profile page and ensure that the car is available at that location at the beginning of the rental period.
20. Rental Fees. You will have the ability to set and revise the vehicle’s rental rates as you choose. RelayRides will pay you the amount collected from those who rent your car, less the applicable fees payable to RelayRides, as well as any taxes or similar charges that RelayRides collects. You acknowledge that RelayRides’ fees may change from time to time. A current fee schedule can be found here. The fees that apply to you will be the same as posted on the RelayRides site at the time of the applicable rental. RelayRides will pay you all of the fees due to you within thirty (30) days of the end of the applicable month; provided that RelayRides may impose reasonable minimums for each payment. To the extent you owe RelayRides money for any reason, RelayRides also reserves the right to deduct those amounts from your payment. Please note that you are fully responsible for all taxes relating to or arising out of your activities under this Agreement. RelayRides will need certain information from you to ensure we can report income paid to you as required by law. RelayRides may withhold payments until we have received that information from you.
21. Maintenance. You are required to regularly check your car for any defects in its operations or safety and have your car inspected as described here. You promise that, at all times, your car will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable state inspection and registration requirements. You agree to respond to any recall or similar safety notices and to complete any recommended action promptly. If RelayRides believes that your car does not conform to reasonable standards, RelayRides will notify you and reserves the right to refrain from listing your car on the marketplace until its concerns have been resolved.
22. Decals. RelayRides may, from time to time and at its expense, require that certain labels or other markings, be temporarily affixed to your car while you participate in the marketplace. RelayRides will provide instructions for removal of those labels or decals in connection with any termination of your participation in the marketplace.
23. Event Reporting. If 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 in any event, no more than 24 hours after the reservation) and to provide reasonable cooperation in our investigation of the damage. In any event, with each break in rental activity you need to inspect your car and report any damage that you believe was caused by a renter. Based on its investigation, RelayRides will reasonably determine whether the damage was caused in the course of the renter’s use of the car. If it was, RelayRides will reimburse you for the loss as described in Sections 24, 25 and 26 below. If RelayRides 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.
24. Physical Damage. Subject to all of the terms of this Agreement, during each rental period, RelayRides will bear the risk of theft, destruction or damage with respect to your car. In the event of a loss that is covered by this Agreement, RelayRides will either pay you the reasonable and actual expenses of repair of the car or, if that amount is greater than the actual cash value of your car, pay you the actual cash value. RelayRides will also provide a replacement car while yours is being repaired or reimburse you a reasonable amount to pay for a replacement from the date of loss until the repairs are completed or, in the event of a total loss, until the earlier of the date when RelayRides makes the first settlement offer or the date when you replace the car. Note, if RelayRides chooses to pay you the actual cash value for your car, you will be required to transfer title to the car to RelayRides or its agent. The standard for the car’s “actual cash value” will be the Kelly Blue Book or other industry-accepted, comparable source as determined by RelayRides or its third party claims administrators in their discretion.
There are some exceptions to Relay Rides obligations under this Section: RelayRides is not responsible for any personal property, including any after-market installations (e.g. equipment racks), that is taken from your car or damaged during a rental period. We recommend that you remove all personal property before making the car available for a reservation. In addition, you should expect normal wear and tear on your car, including minor scrapes and dings, in connection with your participation in the marketplace. To the extent allowed by applicable law, RelayRides will not reimburse you for normal wear and tear to your car. Furthermore, RelayRides will only provide protection for “comprehensive” losses due to acts of nature (e.g., flood, earthquake, severe weather, etc.) that equal the corresponding comprehensive coverage you have in effect immediately prior to the reservation period, as evidenced by valid written documentation of your existing insurance.
25. Other Insurance and Legal Matters. In addition to the terms provided in Section 5 above,
You agree to comply with any and all applicable laws and regulations, including registration and minimum insurance requirements for your car. There is personal vehicle sharing legislation that may apply to you; more information is available in our FAQs. With respect to any insurance policy procured by RelayRides for your benefit, you hereby appoint RelayRides as your attorney-in-fact solely for the purpose of filing claims, receiving payment and otherwise administering that policy. You also promise to maintain any proof of insurance in your car during every registration period, as requested by RelayRides. RelayRides may obtain insurance through a third party provider, or may choose to self-insure (meaning RelayRides takes on part or all of the insurance obligations itself, subject to all applicable laws and regulations). As part of your participation in the marketplace, you must maintain your own insurance policy and meet any minimum insurance levels required by law. You agree to provide RelayRides with information regarding your policy’s coverage as may be requested from time to time. You must inform RelayRides promptly in the event information previously provided changes.Except with respect to losses to be paid by RelayRides as described above, you will be fully responsible for any losses or damages suffered by any party as the result of your activities under this Agreement.
26. Indemnification. In the event of any claim for a loss or injury that occurs during the use of your car by a RelayRides renter (or by RelayRides itself), RelayRides will defend and indemnify you against such claims as required by applicable law. In connection with any indemnified claim, you are required to: (a) give RelayRides prompt written notice of the claim; (b) allow RelayRides sole control over the defense of the claim; and (c) provide RelayRides reasonable cooperation in its defense of the claim, at RelayRides’ expense.
Terms for Owners Participating in RelayRides’ Airport Parking Program
The following Sections CC-HH apply in addition to Sections 18-29 if you are a vehicle owner who is participating in the RelayRides’ Airport Parking Program:
CC. Parking Reservations. You may make a reservation request online for airport parking in advance or, if space and eligibility permits, immediately upon entrance to the parking lot. If you wish to cancel your reservation, you must notify RelayRides by e-mail at firstname.lastname@example.org at least seven (7) days prior to the start of your expected reservation. RelayRides may charge you a cancellation fee if you provide less than seven (7) days’ notice prior to cancellation, and a “no show” fee if you provide no notice at all, as described in our airport policies. RelayRides may not be able to accommodate all reservation requests; please note that your parking reservation is not confirmed until you receive a confirmation from RelayRides.
DD. Car Availability and Condition. This Section BB replaces Section 19 in its entirety. Once you make a parking reservation and drop off your car at the designated parking lot, you are required to make the car available for the entire duration of your reservation (the period of your reservation is the “Parking Period”). IF YOU RETURN BEFORE THE END OF THE PARKING PERIOD, YOUR VEHICLE MAY NOT BE AVAILABLE FOR PICK UP AND RELAYRIDES HAS NO OBLIGATION TO SUPPLY YOU WITH A TEMPORARY REPLACEMENT VEHICLE. Your car must be in a condition suitable for rental. Your car must be roadworthy, safe and clean and should have at least ¼ tank of gas when you drop it off. If your car does not match the description you provided upon making a reservation, or if RelayRides otherwise believes in its sole discretion that your car is not suitable for use by a renter, RelayRides reserves the right to cancel your parking reservation and charge you applicable fees.
EE. Appointment of RelayRides. You appoint RelayRides to manage your car during the Parking Period, and specifically acknowledge that RelayRides will have the right to, and will be responsible for, approving renters and making your car available to renters during this period. If your car is damaged, you appoint RelayRides to act as your attorney-in-fact, to make decisions and take actions regarding the repair and disposition of your car. RelayRides will use all reasonable efforts to consult with you in advance of any damage-related decisions or actions.
FF. Compensation/Fees. This Section DD replaces Section 20 in its entirety. Your compensation for participating in RelayRides will be free parking at RelayRides’ designated airport parking lot for the Parking Period, and any other compensation specifically described in the compensation entry in our airport FAQ section. You specifically acknowledge that RelayRides may rent out your car to third parties during the Parking Period and will retain any proceeds from that rental. You give permission to RelayRides to charge your payment card for any amounts you may owe, including but not limited to, fines/penalties, additional parking or storage charges and fuel charges as further detailed in the airport policies.
GG. Physical Damage. Section 24 shall apply as written, except that RelayRides shall bear the risk of theft, destruction or damage with respect to your car during the entire duration of the Parking Period.
HH. Late Returns. If you wish to extend your reservation end date or are otherwise unable to pick up your car on the last day of your reservation, you must notify RelayRides at least forty-eight (48) hours in advance of your reservation end date. If you elect to extend your reservation end date, RelayRides may continue to make your car available throughout the extended duration of your reservation. If you do not provide RelayRides with at least forty-eight (48) hours prior notice, then RelayRides may charge you parking fees as set forth in the airport policies section.