These Terms of Service govern your access to and use of this private rental site, the underlying Upcar Private platform, and any related services. By creating an account, listing a vehicle, or booking a vehicle, you agree to these terms. Read them carefully — they include your responsibilities, the fact that signing up here also creates a linked Upcar account, our limitations of liability, and a binding arbitration and class-action waiver.
1. Acceptance of Terms
By accessing or using this site, creating an account, listing a vehicle, requesting or accepting a booking, or otherwise using the platform, you agree to be bound by these Terms of Service and any policies referenced within them, including the Privacy Policy and the cancellation policy in effect at the time of booking. If you do not agree, you must not use the platform. We may update these terms from time to time; material changes will be communicated by email or in-app notice and take effect on the date posted.
2. Eligibility and Accounts
You must be at least 18 years old to create an account and at least 21 years old to book a vehicle (some vehicles may require a higher minimum age). You must hold a valid, unexpired driver license that is recognized in the United States and a valid payment method in your name. You agree to provide accurate, current, and complete information during registration and to keep that information up to date. You are responsible for all activity under your account, for keeping your login credentials confidential, and for promptly notifying us of any unauthorized use.
3. Linked Upcar Account and Cross-Platform Data Sharing
This private rental site operates on the Upcar Private platform, which is provided by Upcar, Inc. ("Upcar"). When you create an account on this site, you are also creating a corresponding Upcar account at the same time, and the two accounts are linked so that a single identity and profile is used across both this site and Upcar's services. To operate the linked accounts and provide the services, the information associated with your account — including your registration details, identity and verification data, bookings, payments, communications, and trip history — is shared between this private rental site and Upcar and is processed under these terms and the Privacy Policy. By creating an account and accepting these terms at signup, you expressly consent to the creation of the linked Upcar account and to this cross-platform sharing and processing of your information. If you do not consent, you must not create an account or use the platform. How the shared information is handled is described further in the Privacy Policy, including the section titled "Linked Upcar Account and Cross-Platform Data Sharing."
4. Identity, Driver, and Background Verification
Renters must complete identity and driver verification before driving, which may include uploading a government-issued ID and driver license, taking a live selfie, and authorizing third-party verification providers to confirm identity, driving record, and certain risk signals. You authorize the platform to perform reasonable identity, driver-history, fraud, and (where permitted by law and with your consent) credit-related checks for the limited purpose of risk and trust decisions. We may decline, suspend, or revoke access at any time based on the results of these checks.
5. Bookings, Payments, and Holds
A booking is confirmed only after the host accepts (or auto-acceptance triggers) and your payment method is successfully authorized. Total charges may include the nightly or daily rate, protection plan fees, delivery fees, cleaning fees, taxes, tolls, mileage and fuel adjustments, post-trip damage charges, and other amounts disclosed at booking. We may place a temporary pre-authorization hold on your payment method to cover potential incidentals; this hold is released after the trip if no additional charges apply. By booking, you authorize the platform and its payment processors to charge your payment method for all amounts owed under these terms.
6. Cancellations, Modifications, and Refunds
Cancellations and modifications are governed by the cancellation policy displayed at the time of booking. Refunds, credits, and host payouts are calculated based on when the cancellation is made and which party initiates it. If a host cancels a confirmed trip, the renter is generally entitled to a full refund of the rental amount. No-shows and last-minute cancellations by the renter may forfeit some or all of the trip cost. Modifications are subject to availability, host approval, and any difference in price between the original and modified trip.
7. Vehicle Use, Permitted Drivers, and Restrictions
Only the booking renter and any approved additional drivers listed on the booking are permitted to drive the vehicle. The vehicle must be used in a lawful, safe, and reasonable manner and only for personal transportation, unless commercial use has been expressly approved in writing. The following are strictly prohibited: driving under the influence of alcohol or drugs; racing, off-roading, towing, or stunt driving; transporting hazardous materials; smoking, vaping, or transporting pets without prior approval; using the vehicle for ride-hailing, delivery, or other commercial services without approval; and operating the vehicle outside the geographic area permitted by the host or by these terms. Any breach may result in immediate trip termination, full damage liability, and removal from the platform.
8. Insurance, Protection, and Damage Liability
Hosts are responsible for listing vehicles that are roadworthy, registered, and insured as required by law. Renters are responsible for damage, loss, or theft of the vehicle during the trip, except to the extent such loss is covered by an active protection plan or insurance product offered through the platform. Protection plans, where offered, are subject to their own terms, deductibles, exclusions, and claim procedures, which are disclosed before purchase. The platform is not an insurance carrier and does not itself provide insurance unless expressly stated; coverage is provided by third-party carriers under separate documentation.
9. Tolls, Tickets, Fines, and Vehicle Returns
You are responsible for all tolls, parking fees, traffic citations, red-light or speed-camera violations, towing and impound charges, and any administrative fees we or the host incur in processing them, in each case to the extent incurred during your trip. Vehicles must be returned at the agreed time, location, fuel level (or charge level for EVs), and condition. Late returns may incur additional rental charges, late fees, and a forfeited pre-authorization. Significant damage, missing items, or excessive cleaning needs may result in additional charges based on documented evidence.
10. Host Obligations
Hosts agree to list only vehicles they are legally entitled to rent, with accurate descriptions, photographs, mileage, features, and availability. Hosts must keep their vehicles in safe, roadworthy condition, perform timely maintenance, hold any required registrations and inspections, and maintain insurance that meets or exceeds the minimums required by applicable law. Hosts are responsible for honoring confirmed bookings, communicating promptly with renters, and following all platform rules regarding pricing, cancellations, payouts, and trip handling. Hosts may not collect cash or off-platform payments outside of approved flows.
11. Prohibited Conduct and Suspension
You agree not to misuse the platform — including by submitting false information, manipulating reviews, harassing other users, attempting to circumvent fees or safety controls, scraping or reverse-engineering the platform, accessing accounts that are not yours, or using the platform for any unlawful purpose. We may, at our discretion and without prior notice, suspend or terminate your access, cancel pending or active trips, withhold payouts pending investigation, and report violations to law enforcement where appropriate. Indefinite removal may apply for serious or repeated violations.
12. Disclaimers and Limitation of Liability
The platform is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the platform will be uninterrupted, error-free, or secure. To the maximum extent permitted by law, the platform, its operators, hosts, employees, and agents are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, goodwill, or data, arising out of or related to your use of the platform. Our aggregate liability for any claim arising out of or related to these terms or the platform shall not exceed the amounts you paid to us in the twelve months preceding the event giving rise to the claim, or one hundred U.S. dollars, whichever is greater.
13. Indemnification
You agree to defend, indemnify, and hold harmless the platform and its affiliates, officers, directors, employees, hosts, and partners from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the platform; (b) your violation of these terms or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property, privacy, or contract right; and (d) any damage you cause to a vehicle or third party during a trip.
14. Dispute Resolution and Arbitration; Class Action Waiver
Most user concerns can be resolved by contacting support. If a dispute is not resolved informally within 60 days, then, except where prohibited by law, you and the platform agree to resolve any dispute, claim, or controversy arising out of or related to these terms or the platform by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in the county of your residence or another mutually agreed location. YOU AND THE PLATFORM AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Either party may bring an individual action in small-claims court for qualifying disputes. Nothing in this section prevents either party from seeking injunctive or equitable relief in court for the protection of intellectual property or unauthorized access.
15. Governing Law, Severability, and Survival
These terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the arbitration provisions above. If any provision of these terms is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Sections covering payments, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive will survive termination of these terms or your account.
16. Changes and Contact
We may modify these terms from time to time. If we make a material change, we will notify you by email or by posting a prominent notice on the platform. Your continued use of the platform after the effective date of the change constitutes acceptance of the modified terms. For questions about these terms, please contact your host through the contact information shown on this site.