Terms and conditions

Welcome to TravelCar! TravelCar is a platform to facilitate convenient airport parking and the rental of cars owned by individual travelers. TravelCar’s services are governed by these Terms of Service, our Privacy Policy and any other supplemental terms and policies linked to or otherwise made available on the TravelCar website or mobile application (collectively the “Terms”). You must read, understand and agree to the Terms before joining or using TravelCar.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY AND PROVISIONS THAT GOVERN HOW DISPUTES ARE RESOLVED INCLUDING AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT DISPUTES TO BINDING AND FINAL ARBITRATION UNLESS YOU OPT-OUT OF THE AGREEMENT TO ARBITRATE AND YOU WILL ONLY BE PERMITTED TO PURSUE A CLAIM (INCLUDING AN ACTION FOR MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Your Agreement to the Terms

These Terms are a binding legal agreement between you and TravelPark LLC (“TravelCar”, “we” or “us”) that governs your use of the TravelCar website, mobile application, software, parking, airport transportation and vehicle rental services in the United States (the “Services”). By accessing the website, downloading the mobile application, creating a TravelCar account, parking and/or renting a vehicle or by otherwise accessing or using the Services, you are agreeing to the these Terms. If you do not agree to these terms, you may not access or use the Services. You represent and warrant that you have the legal authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. If you access or use the Services on behalf of a company, principal, or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services.

Changes to the Services or Terms

TravelCar reserves the right at any time and for any reason to (1) improve, modify or discontinue the Services including but not limited to changing any prices, features or programs, and (2) modify or update these Terms. TravelCar will provide notice of material changes to the Terms or features of the Services by updating these Terms on the website and/or sending you an electronic notification. By continuing to access or use the Services after we have provided notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. You agree that the TravelCar mobile application may automatically download and install upgrades, updates and additional features to improve, enhance, and further develop the Services.

Registration and Accounts

You must be 21 years or older to rent a car (“Renter”) and 18 years or older to park and have your own car rented (“Owner”) and otherwise meet all of the Owner and/or Renter requirements set forth in these Terms. When you create an account to become a TravelCar member and use the Services you agree to: (a) provide true, accurate, current and complete information as prompted by the registration form, (b) maintain and promptly update your information to keep it accurate and current, and (c) keep your account information and password safe and secure. You are responsible for all activity made in connection with your account and will notify TravelCar immediately upon any suspected or actual misuse of your account. TravelCar and its service providers have the right but has no obligation to review, search and verify your identity, background and vehicles including but not limited to driving records, auto insurance, credit report or similar records as permitted by applicable law. You are hereby authorizing TravelCar in writing to perform such verification and searches in accordance with the applicable law. You agree to treat TravelCar personnel with respect and will not harass our workers. TravelCar reserves the right to suspend or terminate your account and refuse any and all current or future use of the Services at its sole discretion.

Owner Accounts and Vehicle Requirements

By creating an Owner account or parking your vehicle with TravelCar, you authorize us as your agent and agree that we may operate, park and facilitate the rental of your car to Renters. To park your car with TravelCar, you and your vehicle must meet all Owner requirements. You agree to accurately describe the vehicle’s year, make, model, mileage, interior/exterior condition, mechanical reliability and maintenance status.

TravelCar only accepts insured, late model, clean and well maintained vehicles in great condition:

• Specifically, your vehicle must be in good operating condition with all systems and components functioning properly, pass a TravelCar maintenance test, have no warning lights on, be properly licensed and registered, have no recalls, have no salvage title, have less than 84,000 miles, be at most 7 years old, with an automatic transmission, have a clean interior including no smoking in the vehicle and have only minor cosmetic damage on the exterior (small scratches and dents are OK).
• You are solely responsible for the full functionality of your vehicle. You are responsible for having all manufacturer recommended maintenance timely performed on your vehicle. We may ask you for documentation that you’ve done this.
• You must bring us the vehicle with a full tank of gas.
• Currently, we are unable to take RVs or other large vehicles with more than 4 wheels, or smaller vehicles with only 3 wheels, electric vehicles, pickup trucks, or motorcycles. We are also unable to take vehicles valued at over $50,000 for insurance reasons.
• We will not accept vehicles with manual/stick shift transmissions.
• WE WILL NOT ACCEPT VEHICLES THAT DO NOT MEET OUR REQUIREMENTS. IF WE DECIDE IN OUR SOLE DISCRETION THAT YOUR VEHICLE DOES NOT MEET OUR REQUIREMENTS, WE WILL CHARGE YOU AND YOU AGREE TO PAY $20 PER DAY FOR PARKING.
• You must remove your personal property or valuables from the vehicle. We are not responsible for any loss or damage to property left in the vehicle.
• You represent and warrant the following:
• • You own or have the legal right to offer the vehicle for rental;
  • any vehicle you offer for rental through TravelCar is current on maintenance, mechanically sound, in safe condition, and free of any known faults or defects that would affect its safe operation under normal use;
  • 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; and
  • you will be solely responsible for any and all liability which results from or is alleged as a result of the condition of your vehicle, including, but not limited to roadside assistance, towing, property damage, personal injuries or death.

Insurance for Owners

We provide up to $1,000,000 in primary liability insurance to cover claims by third parties made against you arising out of the use of your vehicle in connection with the Services.

• We provide primary liability coverage of $1,000,000 Combined Single Limit for bodily injury and property damage for owners and Travelcar. This means that if your vehicle causes damage to a person or their property while it is rented, TravelCar will cover up to $1,000,000 of damage. All insurance policies have certain limitations and exclusions. See our insurance overview for more details: https://insurance-rent.travelcar.com or https://insurance-owner.travelcar.com

Damage to Your Vehicle

We will work with you if you discover damage after your vehicle has been returned.

• When you drop off your car, you will use our smartphone app to take a comprehensive set of pictures of your car. This set of pictures will be uploaded and at your disposal on your personal area at our website. The pictures are an objective way to control the state of your vehicle when it was checked in for rental.
• You may request our help to take the pictures of your car. Depending on the location and other factors, we may request a $5 service fee for that.
• When you retrieve your car at the end of the parking period, a second set of pictures will be taken of your car immediately before your arrival or can be taken by you using our smartphone app.
• Our customer service team will compare the two sets of pictures to check for damages. If you notice damages that were not present on the pictures in the beginning of the trip, you must immediately inform us.
• TravelCar will not accept any claim of damages to the vehicle that are not evident from the photo sets.
• If you believe that a Renter has caused mechanical or other damage to your vehicle that was not detected, you must report it to us within 48 hours from pick up and cooperate with our investigation of the damage.
• In the case you report damage, you will need to fill out an incident report that you can find here . A TravelCar insurance specialist will review it and make initial contact within 48 hours of receipt and will explain the process.
• If we determine, in our sole discretion, that the Renter was responsible for the damage, TravelCar will cover 100% of the reasonable costs of repairs. The repair work and cost must be pre-approved by us, and will make payment directly to the body or repair shop. Alternatively, we will settle with you for a mutually acceptable amount if you choose not to have the vehicle repaired provided you sign a release.
• If you fail to give us notice, or to cooperate reasonably with our investigation, we may not be able to determine the cause. In that case, you agree that we have no financial responsibility for the damage.
• In the event of non-recoverable theft or “total loss,” our insurance company will get in contact with you to resolve the loss. We will purchase your vehicle from you for 110% of the Kelley Blue Book value (at time of drop off) of your vehicle. In exchange, we will require that you sign a release. We may deem the vehicle a “total loss” if repair costs exceed 90% of the vehicle’s current Kelley Blue Book value, and we may deem a theft non-recoverable if the vehicle has not been recovered within three weeks of being reported stolen to authorities. We always determine your vehicle’s value using Kelley Blue Book’s “very good” condition; “private party seller” classification.
• If you fail to respond to TravelCar about a damage or total loss claim within 21 days, we will consider the claim resolved, and you automatically forfeit all claims.
• TravelCar has a policy of pre-set prices for the most common damages to vehicles. If the damage to the car is categorized on the table below, we will pay you for this pre-set damage regardless of the actual cost of the repair. By using our service, you accept this pre-set price policy.

Description of Damage	Pre-set charge
Scratch to Paint more than 3 inches long	$300
Paint Damage (no body damage) to front bumper	$300
Paint Damage (no body damage) to back bumper	$300
Body damage to front bumper	$750
Body damage to back bumper	$750
Broken Driver or passenger Side Mirror	$200
Body Damage of 6 inches or less	$500
Broken Windshield	$450
Cracked or Chipped Windshield Repairable	$125
Interior Smoke Odor	$400
Curb Rash To Wheel Alloy	$175 per wheel
Curb Rash To Chrome Wheel	$250 per wheel
One inch or less door ding with no paint damage	$75
One inch or more door ding with no paint damage	$150
One inch door ding with paint damage	$175
Broken Side or passenger Door Window	$200
Smart Key Replacement cost	$450
Interior Detail for Stain Removal	$250
Vinyl Repair for one inch	$100
Tire Repair I.e. Plug/Patch	$50
Tire Replacement	$225
Front End Alignment	$150

Things we don’t cover:

• As you know, every time you drive your car, things can happen. We call this wear and tear, and we don’t cover this.
• Wear and tear occurs during normal use of the vehicle, and includes, but is not limited to: small dents, nicks, cracks, scratches, scuffs, or scrapes of 3 inches or less on the exterior and interior, as well as wear on brakes, suspension, and your engine and parts such as belts and hoses. In addition, we do not cover interior items such as speakers, buttons/knobs/levers/switches, radios, door handles, window regulators, lock actuators, glove compartments, dashboards, cup holders, visors, sunshades, interior electrical components/parts, or cigarette lighters. On the exterior, we do not cover items such as antennae, rims, curb rash on wheels, under front/rear bumpers and rocker moldings, any curb rash to the protective shields beneath the vehicle, hubcaps, bulge in tire, or trunk latches, unless there is evidence of a collision.
• There are also other things in life that can happen when travelling, like missing a flight or losing luggage. We do not cover these or any other consequential or emotional damages.

Tolls, Parking Tickets or Other Violations.

• If you receive notice that a Renter incurred a toll, traffic or parking ticket, fine or other violation in your vehicle, you must report it to us within 30 days from the date you received notice of the toll or violation. We will not pay late fees resulting from late notification.

Owner Responsibilities

We expect you to drop off your vehicle when you say you will and leave yourself enough time to catch your plane.

• This means you must drop your vehicle off when you say you will, that you will notify us immediately if you must cancel a listing, and that you will bring your vehicle in with a full tank of gas.
• We are also not responsible if you miss your flight because you didn’t leave enough time to drop off your vehicle. We recommend you arrive at the TravelCar station at least 2.5 hours prior to your flight and earlier during peak travel times.
• Repeated no-shows will mean we will no longer allow you to park and list with TravelCar.
• If your vehicle becomes unrentable because of mechanical or other issues not caused by a Renter (for example, if your battery dies), you authorize us to fix these issues, up to a total of $500. We can charge your card for the reasonable and customary costs of the repairs. If you opt out prior to checking in your vehicle of renting your vehicle or something happens (not Renter caused) that causes your vehicle to be unrentable, we will charge you $20 per day for parking for the remainder of your listing.
• If you don’t return on time, and then don’t communicate with us for 30 days, we’ll consider your car abandoned. In that case, we will place a lien on and may tow, sell or otherwise dispose of your vehicle, and we will not be liable to you for any form of relief or compensation.

Our Responsibilities to Owners

• Free Parking: You get free parking during your scheduled trip as long as your vehicle meets our requirements and is rentable.
• Ride to the airport: Once you deliver your vehicle to the TravelCar location, we will drop you off and pick you up at the airport.
• A clean car on return: We will use reasonable efforts to wash and clean your vehicle for you. Unfortunately, our ability to do this is subject to weather conditions permitting (for example, if there’s snow, or if it’s raining when you pick up your vehicle, we won’t be able to wash your vehicle).
• Repair of damage to your car. If we can, we will try to repair damage to your car before you return. You authorize us to fix/repair damage (at our expense) caused by the visitor, if time permits, before you pick up your vehicle.
• We will be your agent while you are gone. You authorize us to be your limited agent in the unlikely event that we need to get your vehicle out of an impound lot, and in dealing with police matters while the car is with us.
• We help you earn money. We will pay you for miles a Renter drives your car as set forth in the Owner Payments Schedule. However, there are no guarantees we will rent your car or you will receive any payments while your car is with TravelCar.

Owner Payment Schedule

Vehicle Type	Make/Model examples	Payout for vehicles year 2009-2013	Payout for vehicles year 2014-present
Compact (e.g., Honda Civic)	Honda Civic	$0,07/mile	$0,09/mile
Sedan/Midsize	Honda Accord Toyota Camry	$0,09/mile	$0,11/mile
SUV/Van	Honda CR-V Honda Odissey	$0,11/mile	$0,14/mile
Luxury sedan	BMW 3 series	$0,13/mile	$0,16/mile
Luxury SUVs	BMW X3, X5	$0,16/mile	$0,21/mile

• We will disburse payments to you by electronic Automated Clearing House (ACH) within 14 days from the end of your listing.
• You shall be responsible for all taxes arising out of the payments you receive from us in connection with the Services, other than taxes based on TravelCar’s net income.
• You agree to provide and maintain 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 Site. We may withhold payments if we reasonably believe you have breached the Terms. If you wish to dispute any payments, you must notify TravelCar in writing within 30 days of receipt of such disputed payment. If you fail to dispute such payment within 30 days, you waive any claims relating to such payment.

Renter Requirements

To be eligible to rent a vehicle from TravelCar you must:

• be over the age of 21,
• have a valid driver’s license
• have a valid credit card
• If you have a foreign driver’s license, you must submit to us a copy of your non-US license, translated into English if requested
• All of these requirements apply to any additional authorized drivers using the car with Renter. Letting someone who does not meet these requirements, and who is not authorized by us, drive the car is a breach of these Terms and will void our obligations to you

Renter Rules and Responsibilities

You must drive safely and responsibly. Read these rules carefully! Failure to obey our eligibility and safety rules will terminate your right to operate the vehicle and void any insurance or damage coverage we offer.

• Follow the Golden Rule–take care of the vehicle and remember you are driving someone else’s car–please treat it as you would treat your own.
• Only you may drive the vehicle, and you are fully responsible for anything that happens during your rental. For a fee, you may authorize other drivers who meet the eligibility requirements to drive the car. Each additional driver must have a TravelCar account and separately agree to be bound by these Terms before the car leaves the TravelCar station. We will charge you and you agree to pay us $250 if an unauthorized person drives the vehicle.
• Obey all traffic rules of the state you are in. You must also obey the mileage limit set at the beginning of the rental period If you exceed the mileage limit, there is a per mile charge – the rate will vary by vehicle category and with time
• You may not use a TravelCar vehicle to do any of the following:
• • Use or lend the vehicle for any commercial purposes including but not limited to driving for Uber or Lyft or transporting goods or people
  • Transport the vehicle outside of the United States
  • Commit a felony or engage in criminal behavior, or drive a passenger who engages in criminal acts
  • Transport explosives, chemicals or other hazardous materials
  • Drive the vehicle reckless manner, in a speed race or off of paved roads
  • Use the vehicle to pull, push or tow anything
  • Deliberately damage or vandalize the vehicle
  • Overload the vehicle with people or stuff.
• We have the right to seize the car or report it stolen if you fail to timely return the vehicle. You are responsible for any costs that arise in connection with your prohibited use of the vehicle, and waive any and all claims against TravelCar arising from your misuse of the vehicle.
• Remember, if you, or anyone you authorize to drive, engage in prohibited uses of the car, or if you fail to meet the eligibility requirements, the insurance coverage may not apply, or may drop to state mandated minimum liability limits, and you may be held responsible for all resulting damages and liabilities.
• You represent that you are, and will remain at all times, in a proper physical, mental and emotional condition to operate a motor vehicle.

You are responsible for returning the vehicle, and all accessory items such as a GPS unit or child seat you rent from TravelCar (each item a “TravelCar Add-On”), in the same great condition.

• Return the vehicle in good condition—clean up any messes, and remove trash. You may be charged a cleaning fee of $250 dollars if the vehicle wasn’t cared for and doesn’t come back in good condition.
• Don’t smoke in the vehicle, or we’ll have to charge you $400 to clean it.
• You must return all TravelCar Add-On accessory items to TravelCar in good condition. If you fail to return an item, or if we determine that you have damaged one, we will automatically charge you the cost of replacing or repairing it.
• You will be charged the following replacement fees for the equipment:
• • GPS: $200.00
  • Car seat: $100.00
• Return the vehicle with the same amount of gas in the tank as was there at the rental start—generally, this will mean a full tank. We’ll charge you $15 plus the current market cost of the gas to refill it.
• If you damage the vehicle, we will charge you for it and you agree to pay all damages including but not limited to the applicable damage fees set forth in the damage fee schedule below.
• Don’t steal or otherwise fail to return the vehicle. We’ll report it to the police if you do.
• If the vehicle is stolen, you must (1) notify TravelCar immediately and promptly return the original ignition key; (2) file a police report within 24 hours after discovering the theft; (3) cooperate fully with TravelCar, police, and other authorities in all matters connected with the investigation of the theft.

You promise to pick up and return the vehicle on time.

• You must show up within 2 hours of your scheduled pick-up time, or we will consider you a no-show (i.e., we will no longer guarantee you a vehicle for your reservation). If you don’t show up, or if you cancel your reservation less than 24 hours prior to your scheduled pick-up time, you will be charged a $50 cancellation fee. If your original rental was less than $50, you will receive no refund. If you cancel your reservation more than 24 hours prior to your scheduled pick up time, you are entitled to a full refund.
• You must return the vehicle on time to the correct TravelCar location, or you will be charged late fees. If you are more than one hour late, you will be charged 25% of your daily rental rate. If you are more than one day late, you will be charged 200% of your daily rate per day. If you do not contact us within 24 hours of your scheduled return time, the vehicle will be reported as stolen to the relevant authorities and you may be charged additional fees.
• You may extend your rental if the vehicle is available at the current available daily rental rate. If the owner of your vehicle is returning, we will ask you to return to TravelCar to swap with another vehicle, subject to availability.
• When you return the vehicle, we will do a post-rental inspection to verify it’s in the same condition as at rental start. After processing the return, we will take you to the nearest airport. Please allow plenty of time to return the vehicle so you do not miss a flight.

You can purchase a damage waiver (which may be required for some Renters).

• We do not provide any free collision or comprehensive coverage with your rental. Things happen, we get it. But you are 100% responsible for any damage that occurs to any vehicle that you rent regardless of fault. In the event that a third party is responsible for damages, it is your responsibility, and not TravelCar’s, to pursue the at-fault driver or the at-fault driver’s insurance provider (the legal term for this is “subrogation”). We also do not cover expenses for your pain or suffering, your medical costs, or any other consequential or emotional damages you suffer. If you cause property damage or injure someone as a Renter, you are responsible for all such damages or injuries.
• If at the time of rental you purchase a property damage waiver for an additional cost, a portion of total damages will be covered–the specific amount depends on the level of coverage you purchase with us.
• TravelCar sells a limited property damage waiver in two packages:
• • The TravelCar Plus package: TravelCar will cover damages to the rented vehicle in any collision or comprehensive claims, and the Renter will be responsible for paying any charges up to $800.
  • The TravelCar Premium package: TravelCar will cover damages to the rented vehicle in any collision or comprehensive claims, and the Renter will be responsible for paying any charges up to $400.
• Please note that, regardless of what damage waiver package you may purchase, any towing expenses related to a damage claim will be included in the amount that TravelCar will cover for that claim as part of the coverage.
• You can purchase Roadside Assistance as a TravelCar Add-On. If you purchase this optional coverage, we will cover towing, even if the vehicle is damaged or destroyed in an accident or incident. If you have not purchased a TravelCar protection plan, we will not provide a replacement vehicle. If your vehicle is no longer able to be used, and if you have an unused portion of your rental, it will not be refunded after the resulting damage claim has been resolved.

You agree that we will automatically bill you and you will pay for any loss or damage that happens during your rental and for administrative fees associated with these issues.

• We will place a $300 security hold on your credit card during the rental period (or $500 for Visitors outside the US and Canada, and for Visitors under age 25).
• TravelCar will not operate or consider third party insurance during claim management; we only operate our insurance; if the renter does not purchase our insurance, we will charge all repair costs to them.
• Should any damage to the vehicle occur during your rental, you authorize us to immediately charge your credit/debit card on file for the amount of the deductible of your insurance (liability and/or collision and/or comprehensive). Amounts charged to your card will be subject to your Damage Waiver, if purchased.

TravelCar has a policy of pre-set prices for the most common damages to vehicles. If the damage to the car is categorized on the table below, we will charge you for this pre-set damage regardless of the actual cost of the repair. By using our service, you accept this pre-set price policy.

Description of Damage	Pre-set charge
Scratch to Paint more than 3 inches long	$300
Paint Damage (no body damage) to front bumper	$300
Paint Damage (no body damage) to back bumper	$300
Body damage to front bumper	$750
Body damage to back bumper	$750
Broken Driver or passenger Side Mirror	$200
Body Damage of 6 inches or less	$500
Broken Windshield	$450
Cracked or Chipped Windshield Repairable	$125
Interior Smoke Odor	$400
Curb Rash To Wheel Alloy	$175 per wheel
Curb Rash To Chrome Wheel	$250 per wheel
One inch or less door ding with no paint damage	$75
One inch or more door ding with no paint damage	$150
One inch door ding with paint damage	$175
Broken Side or passenger Door Window	$200
Smart Key Replacement cost	$450
Interior Detail for Stain Removal	$250
Vinyl Repair for one inch	$100
Tire Repair I.e. Plug/Patch	$50
Tire Replacement	$225
Front End Alignment	$150

• You are ultimately responsible for damage to the vehicle, regardless of whether your insurance company pays. TravelCar will only operate its own damage protection plans. TravelCar cannot assist you with filing a claim with your insurance company, although you will have access to all the information necessary to do so.
• If a portion of your deductible is unused, TravelCar will refund the unused balance within fifteen (15) days.
• You are also responsible for paying parking tickets, traffic tickets or fines, tolls, impounding or towing fees, lost keys or other incidents that occur during your rental. We will charge you additional administrative fees if you do not pay these fees in a timely manner. You authorize us to automatically charge your credit card to pay for these costs and fees, in addition to a $50 administration fee PER occurrence.
• You also agree to pay and authorize us to charge you for administrative fees associated with dealing with claims issues. Administrative fees include:

Issue	Administrative Fee
Damages/repairs between $100.01-$500	$50
Damages/repairs between $500.01-$1,500	$100
Damages/repairs over $1500	$150
Damage to products associated with TravelCar Add-On	$15
Parking Tickets and Traffic Violations	$50 per occurrence
Tolls	$25 per occurrence
Lost Keys/Key Fob	$50 per day that the vehicle is unusable (unless you have purchased Roadside Assistance)

• If you don’t pay us on time, we’ll charge you a late fee of 2% per month and for all costs and fees, including attorneys’ fees, administrative fees and any other costs associated with collecting amounts owed to TravelCar.
• If we are unable to charge your card for the amounts listed above, TravelCar may use other legal means to recover funds, including arbitration, or through a debt collection agency.

TravelCar Responsibilities to Renters

Anyone driving the car who is permitted to drive it by this agreement will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the authorized driver and/or the renter up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. The limit for bodily injury sustained by any one person includes any claim for loss of that person’s consortium or services. Where the law extends this protection to a non-permitted driver, the same limits will apply. Except where required by law to be primary or excess, any protection provided by us shall be secondary to, and not in excess of, any applicable insurance available to you, or any other driver, from any other source, whether primary, excess, secondary or contingent in any way. You understand that unless required by applicable law, we will not provide supplementary no fault, noncompulsory uninsured or underinsured motorist coverage, and any other optional or rejectable coverage and you and we reject all such coverages to the extent permitted by law. Where any of these coverages are required or implied by law, the limits will be the minimum required under the applicable statute. Where permitted by law, you are rejecting uninsured or underinsured motorist and all optional automobile insurance coverages and under any policy of insurance or certificate of self-insurance in connection with this agreement, for you and all other passengers in the car. You understand that uninsured and underinsured motorist coverage protects you and other passengers in a car for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance or has insufficient insurance to pay for losses and damages.

To complete this coverage, you can purchase $1,000,000 in supplemental liability insurance.

• We provide supplemental liability coverage of $1,000,000 for bodily injury and property damage to third parties caused by you while you are driving a TravelCar vehicle. This means that if you follow all the Rules, and the car you are driving causes damage to a person or their property while the it is rented, TravelCar will cover up to $1,000,000 of liability, but only after your coverage from your primary insurance provider has been exhausted.
• An overview of the liability insurance we provide is here: https://TravelCar.com/insurance.

We’re here for you if things go wrong.

• Things happen while you’re driving, and we want to hear from you if they do. If you experience mechanical problems with the vehicle, you should stop driving the vehicle immediately and report it to TravelCar. We will help you find roadside assistance, and if the issue was caused by a pre-existing issue with the vehicle, we’ll even cover it for you. If it’s not a pre-existing issue, you will be responsible for resulting roadside assistance expenses unless your purchased Roadside Assistance coverage.
• If you are in an accident, get to a safe location, call 911 if you need immediate assistance or medical attention and then call us at 1.888.807.0209
• Do not abandon the vehicle at any point in your rental, even if you are in an accident or experience mechanical failure. You are responsible for the vehicle in every case.
• Don’t forget to take down the driver’s license and insurance information of any other parties involved in the accident. You’ll need it if you want to claim it’s their fault. You also may need this information to contact their insurance company for payment. We recommend you take photos of driver documents and any vehicle damage.
• We have the right to terminate your rental immediately if we determine that you caused an accident.

Available Vehicles

• As you know, we rely on Owners to park and make available their own personal vehicles to Renters. When you book with us, you select a desired class or type of vehicle. Sometimes we will not have the exact vehicle or class of vehicle you desire to rent. If we have to give you a different vehicle than the one you first requested, we’ll make sure it is not substantially smaller than and seats no fewer persons than your original choice. We’ll refund you the difference if you receive a vehicle of lower price than your original booking.
• Specific vehicle features are not guaranteed. Availability of TravelCar Add-On items is also not guaranteed.
• If for any reason, we are unable to provide you with a vehicle, we will refund your money and transport you to another rental car facility within 5 miles from our location.

Proprietary Rights

You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data derived from the Services, and any content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by TravelCar or its applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or content available on the Services, in whole or in part.

TravelCar grants you a personal, revocable, non-transferable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. You agree not to access the Services by any means other than through the applications and interfaces that are provided by TravelCar.

The term TRAVELCAR, the TravelCar logo and any other TravelCar related logos and product and service names are the exclusive trademarks of, and are owned by, TravelPark LLC, and you may not use or display such trademarks in any manner without TravelCar’s prior written permission. Any third-party trademarks or service marks displayed on the Services are the property of their respective owners.

TravelCar reserves all rights not expressly granted hereunder.

User Provided Content.

We may, in our sole discretion, permit you to submit, upload, publish or otherwise make available through the Services text, audio, photos and/or video content and information, including comments and feedback related to the Services, initiation of support requests, and submission of entries for contests or other promotions (“User Content”). You own your User Content but by submitting User Content to TravelCar, you grant TravelCar a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and TravelCar’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant TravelCar the license to the User Content; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor TravelCar’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not submit User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive. TravelCar may, but has no obligation to, review, monitor, or remove User Content, at TravelCar’s sole discretion and at any time and for any reason, without notice to you.

Termination

You agree that TravelCar may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other TravelCar policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of account inactivity, or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information associated with your account, and (z) barring your further use of the Services. Further, you agree that all terminations for cause shall be made in TravelCar’s sole discretion and that TravelCar shall not be liable to you or any third party for any termination of your account or access to the Services.

Disclaimer of Warranties and Limitations of Liability and Waiver of Claims

IF YOU CHOOSE TO USE THE SERVICES, ALL INFORMATION, CONTENT, SOFTWARE, VEHICLES, ACCESSORY PRODUCTS, PARKING, AIRPORT TRANSPORTATION AND SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. TRAVELCAR IS NOT RESPONSIBLE FOR RENTER, OWNER OR THIRD PARTY ACTIONS OR OMISSIONS, MAY NOT OWN OR OPERATE THE VEHICLES MADE AVAILABLE THROUGH THE SERVICES AND IS NOT RESPONSIBLE FOR ANY VEHICLE DAMAGE, AVAILABILITY, MAINTENANCE OR RELIABILITY. TRAVELCAR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARDS TO SUCH INFORMATION, CONTENT, SOFTWARE, VEHICLES, ACCESSORY PRODUCTS, PARKING, AIRPORT TRANSPORTATION AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE AND NONINFRINGEMENT. TRAVELCAR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE VEHICLES, ACCESSORY PRODUCTS, PARKING, AIRPORT TRANSPORTATION AND SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE VEHICLES, ACCESSORY PRODUCTS, PARKING, AIRPORT TRANSPORTATION AND SERVICES WILL BE AVAILABLE OR UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE QUALITY OF ANY VEHICLE, ACCESSORY PRODUCTS, PARKING, AIRPORT TRANSPORTATION, INFORMATION OR OTHER PRODUCTS USED BY YOU IN CONNECTION WITH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO STATEMENT OR WRITING BY TRAVELCAR OR ITS AGENTS WILL CREATE ANY WARRANTY OR MODIFY THESE TERMS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE TO RELEASE TRAVELCAR, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, SERVICE PROVIDERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING BUT NOT LIMITED TO ANY VIABILITY, USE, OPERATION OR MALFUNCTION OF THE VEHICLES, ACCESSORY PRODUCTS, PARKING, AIRPORT TRANSPORTATION, TRAVELCAR WEBSITE OR MOBILE APPLICATIONS AND YOU PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE OF THE SERVICES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR USE OR MISUSE OF THE VEHICLES, ACCESSORY PRODUCTS, PARKING, AIRPORT TRANSPORTATION OR SERVICES, (B) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS IN CONNECTION WITH THE SERVICES, OR (C) ANY DELAY OR INABILITY TO USE THE VEHICLES, ACCESSORY PRODUCTS, PARKING, AIRPORT TRANSPORTATION OR SERVICES EXPERIENCED BY YOU, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TRAVELCAR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. OTHER THAN OUR OBLIGATIONS TO PAY OWNERS OR RENTERS PURSUANT TO THESE TERMS, SUCH AS UNDER A PROPERTY DAMAGE PROTECTION PLAN, IN NO EVENT SHALL TRAVELCAR’S LIABILITY EXCEED THE GREATER OF (1) THE AMOUNTS PAID TO YOU BY TRAVELCAR IN THE LAST TWELVE MONTH PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE LIABILITY OR (2) ONE HUNDRED U.S. DOLLARS ($100). THE WAIVER, LIMITATION OF LIABILITY AND DAMAGES SET FORTH IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TRAVELCAR.

IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Indemnification

You agree to defend, indemnify and hold TravelCar and its subsidiaries, affiliates, officers, agents, service providers, representatives, employees, partners and licensors harmless from any claim or demand, including damages, losses, costs, expenses and reasonable attorneys’ fees, made by any third party due to or arising out of your account, use of the Services, your violation of the Terms, your violation of any law, rule, regulation, ordinance or your violation of any rights of another person or entity.

Dispute Resolution, Agreement to Arbitrate, Class Action and Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY AS YOU ARE WAIVING YOUR RIGHT TO BRING CLAIMS IN COURT

If we cannot resolve a problem informally, we both agree to solve most disputes in arbitration, with certain limited exceptions. This means you agree that disputes between you and TravelCar arising out of or relating to this Policy or renting a vehicle from TravelCar will be governed by the arbitration procedure outlined below.

• Informal Dispute Resolution: We want to address your concerns without resorting to formal legal action. Before filing a claim against TravelCar, you agree to try to resolve the dispute informally by contacting support@TravelCar.com. We’ll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or TravelCar may bring a formal proceeding.
• We Both Agree To Arbitrate: You and TravelCar agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
• OPT-OUT OF AGREEMENT TO ARBITRATE: YOU CAN DECLINE THIS AGREEMENT TO ARBITRATE BY CONTACTING SUPPORT@TRAVELCAR.COM WITHIN 30 DAYS FROM THE DATE YOU FIRST CREATED AN ACCOUNT AND STATING THAT YOU (INCLUDE YOUR FIRST AND LAST NAME) DECLINE THIS ARBITRATION AGREEMENT.
• Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in , Los Angeles, California, or any other location we mutually agree. If the claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and TravelCar submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.
• Arbitration Fees: The AAA rules will govern payment of all arbitration fees. TravelCar will pay all arbitration fees for claims where the amount in dispute is less than $75,000 provided your claim is not frivolous. TravelCar will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
• Exceptions to Agreement to Arbitrate: Either you or TravelCar may assert claims, if they qualify, in small claims court in Los Angeles (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
• Collections: In the event you fail to pay amounts owed to TravelCar, TravelCar may use all lawful efforts to recover the amount owed. This includes, but is not limited to, credit reporting, debt collection (including by a third party) and/or arbitration as described above.
• CLASS ACTION WAIVER: YOU MAY ONLY RESOLVE DISPUTES WITH TRAVELCAR ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU ARE WAIVING ANY RIGHT TO JOIN A CLASS ARBITRATION, CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR SEEK TO CONSOLIDATE YOUR ARBITRATION WITH ANOTHER ARBITRATION PROCEEDING AGAINST TRAVELCAR.
• Governing Law: The resolution of any disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
• Judicial Forum for Disputes and Jury Trial Waiver: In the event that the agreement to arbitrate is found not to apply to a dispute, you and TravelCar agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Los Angeles County, California. Both you and TravelCar consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to this Policy or your renting a vehicle from TravelCar must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

Contact TravelCar

The Service is offered by TravelPark LLC located 9020 Bellanca Avenue, 90045 Los Angeles, California. If you have a question, concern or complaint, you can reach us by email at help@travelcar.com or by telephone at +1.888.807.0209.

Notice for California Users

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Notifications, Electronic Communications and Mobile Messaging

You agree that we may provide you notices by email, hard copy writing or by conspicuous posting on in Services app or website as our sole discretion. All notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

If you access the Services via a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. You agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information.

General

You agree that no joint venture, partnership, employment or agency relationship exists between you and TravelCar as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and TravelCar with respect to your use of the Services. The failure of TravelCar to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of TravelCar. TravelCar has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect.