Terms of Service
Last updated August 16, 2019
These Terms of Service (“Terms”) govern your access or use, from within the United States and its territories and possessions, of the Services (as defined below), and constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and HitchaCar Inc., (“HitchaCar”, “we”, “us”, or “our”), concerning your access to and use of our website, accessible at https://hitchacar.com
as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). The Site provides an online car sharing marketplace that enables travelers to share their vehicle with incoming visitors or locals. (the “Services”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND HITCHACAR. In these Terms, the words "including" and "include" mean "including, but not limited to."
In order to help make the Site a secure environment for the purchase and sale of Services, all users are required to accept and comply with these Terms. Please read these Terms carefully to ensure that you understand each provision. You agree that by accessing the Site and/or the Services, you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
YOU UNDERSTAND AND AGREE THAT HITCHACAR IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN BORROWERS AND OWNERS, NOR IS HITCHACAR A TRANSPORTATION SERVICE, AGENT, OR INSURER. HITCHACAR HAS NO CONTROL OVER THE CONDUCT OF BORROWERS OR OWNERS AND OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site and/or the Services after the date such revised Terms are posted.
The Services provided through the Site and may comprise mobile applications and related services , enable users to arrange transportation, logistics and/or other ancillary services. Unless otherwise agreed by HitchaCar in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO ARRANGE TRANSPORTATION, LOGISTICS AND/OR ANCILLARY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH HITCHACAR AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR ANCILLARY SERVICES OR AS A TRANSPORTATION CARRIER.
Our Services are intended for licensed drivers over the age of twenty-one (21) or older. Any use of the Services by anyone under the age of 21 is prohibited. In order to list or book a vehicle from HitchaCar, you will need to meet the additional borrower eligibility requirements listed in the Terms.
You may access the Site to browse through available vehicles without providing personal information. To list or book a vehicle, you will need to provide personal and/or vehicular information in order to use the Services.
When you list or book a vehicle, you provide us with information that enables us to verify your identity. When applying to share your vehicle as an owner (“Listing”) or to reserve a vehicle to ride (“Booking”), you agree to share complete and accurate information about yourself and/or your vehicle(s), if applicable. HitchaCar, when permitted, has the right to partake in checks, screenings, and processes that allow us to verify your identity and/or your vehicle(s) information, including driving history and driver's license validity. We will also, in our sole discretion, use third party services to verify information that you provide and you hereby authorize us to receive, use, and store such information. HitchaCar reserves the right to reject a Listing or Booking application from our Services if the information provided is inaccurate and/or our findings suggest you do not meet eligibility requirements.
POLICIES AND PROCEDURES
If you are Listing your vehicle, you signify that you have read, understood, and agree to be bound by the Owner Policy, Requirements, and Procedures mentioned in the Terms. If you are Booking a vehicle, you signify that you have read, understood, and agree to be bound by the Borrower Policy, Requirements & Procedures
OWNER: POLICY, REQUIREMENTS, & PROCEDURES
HitchaCar is a peer to peer community; in this community we all have responsibilities to make it the most convenient, safest respectful car sharing service. There will be requirements that you as owners will need to follow, this policy will help you understand what is needed from you.
HitchaCar’s goals are to control the overall quality of vehicles so users can have the best experiences. That being said we only accept cars that are in great condition which will be
judged by the information given to us by you. Owners are required to ensure that their vehicles will be in great condition, will be safe, and be in good mechanical condition.
• Gas, hybrid, and electric vehicles
• Cars, light trucks
Vehicles not accepted:
• Motorcycles, box trucks, construction equipment, farm equipment, limousines, RV’s, vehicles that require a commercial license, or vehicles that are primarily designed for off-road use.
All vehicles wanting to be listed on HitchaCar must meet these additional requirements:
• Be properly registered in Texas
• Have insurance on the vehicle, commercial vehicle insurance is recommended.
• Have no recalls on vehicle
• Have a clean title (e.g. not “branded” or “salvaged”)
• Have less than 90,000 miles on odometer
• Be a model 2009 vehicle or newer.
• Have a clean interior with only minor wear/tear and no signs of smoking
• Have very minor exterior wear and tear and no major dent(s)
• Be free of owner’s personal belongings
Owner’s Valid Information - When you list your car with HitchaCar, you will be required to accurately describe your vehicle’s features and description, which includes your vehicle(s):
• Interior/Exterior condition
• VIN number
Each vehicle must meet the requirements found in the Terms under “Vehicle Requirements”. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation. You must ensure that using the vehicle for the Services does not violate any any rights of a third party or any agreement with respect to such vehicle, including any leasing or financing agreement.
Trip Fees - You will have the ability to set and revise the vehicle’s pricing as you choose. HitchaCar will pay you the amount collected from those who book your vehicle, less the applicable fees payable to HitchaCar. HitchaCar will take a 15% commission of your total trip price and you will be paid the other 85%. However, to the extent you owe HitchaCar money for any reason, HitchaCar also reserves the right to deduct those amounts from your payment. All fees and charges for your use of the Service are non-refundable. HitchaCar will remit payments due to you no later than 30days after the end of each calendar month in which the fees are received. If you dispute any payment made hereunder, you must notify HitchaCar in writing within 30 days of any such payment; failure to so notify HitchaCar shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by HitchaCar. No other measurements or statistics of any kind shall be accepted by HitchaCar or have any effect under this Agreement.
Payment Processing - Payment processing services are provided by Stripe. You agree to be bound by the Stripe’s Terms, which may be modified from time to time. As a condition of HitchaCar enabling payment processing services through Stripe, you authorize HitchaCar to obtain all necessary access and perform all necessary activity to facilitate sharing of your vehicle. You further agree to provide accurate and complete information about you, and authorize HitchaCar to share it and transaction information with Stripe for the purposes of facilitating of the payment processing services provided by Stripe. HitchaCar reserves the right to switch payment processing vendors in its discretion.
Maintenance - You are required to regularly check your vehicle for any defects in its operations or safety and are required to pass standard maintenance requirements in accordance with all government and manufacturer recommendations. Standard maintenance requirements include:
• Have no warning signs and no maintenance lights
• Have all components of the vehicle working properly
○ I.e. At least more than 50% of tire tread remaining.
• A clean title - no car should have a salvaged, written off, washed, and branded title.
If these requirements are not met, HitchaCar will not be liable for any mechanical failures as a result.
You will ensure that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be booked. You are required to do regular check-ups for any defects in the vehicles operations or safety.
HitchaCar has the right to ask you to provide documentation for any regular maintenance.
Furthermore, if HitchaCar believes that your vehicle is not properly maintained or does not conform to reasonable standards then HitchaCar may notify you and reserve the right to delete/remove your Listing or to freeze/decline your Listing until the issue is resolved. HitchaCar is not liable for any mechanical failures or physical damages as a result of improper maintenance of the vehicle.
Toll reporting - We aim to ensure that each renter pays any tolls that they use during the reservation period. However, sometimes there might be a discrepancy in our toll accounting. Please report any unpaid tolls that were crossed on your car during the duration of the reservation period within 60 days after toll crossing by the renters to enable us to reimburse the charges.
Incident Reporting - If you believe that a guest has caused any damage to your vehicle, 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 you pick up your vehicle) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage.
Insurance - You agree to comply with any and all applicable laws and regulations, including applicable registration and minimum insurance requirements for your vehicle. As part of your participation in the Services, you must maintain your own insurance policy and meet any minimum insurance levels required by law. You also agree to maintain registration information and proof of insurance in your vehicle during every reservation period. You agree to provide HitchaCar with information regarding your policy’s coverage as may be requested. You must inform HitchaCar promptly in the event information previously provided changes.
Missing Vehicles – In case of a delay in returning your vehicle for up to 24 hours, HitchaCar will reimburse your rental car charges for the 24 hour period. If your vehicle goes missing, is not returned after more than 24 hours delay, and/or is stolen during the reservation period (or extension period), you, as the owner, must immediately contact a HitchaCar representative and follow his or her instructions, including cooperating with the police, and any other authorities in all related to the investigation of the theft. If you are instructed by HitchaCar to file a police report, you must do so within 24 hours of receiving those instructions. You will be responsible for ensuring that the proper procedures are followed and to follow-up with the authorities. HitchaCar’s responsibility with respect to missing vehicles will be limited to providing the police and other authorities with any information available with HitchaCar required in their investigation.
HOW TO LIST YOUR CAR
1. Visit http://www.hitchacar.com/list
2. Provide accurate personal and vehicle information when prompted
4. Submit Application
DROP OFF YOUR VEHICLE:
1. On the day of your flight, text or call HitchaCar Support at (512) 387 4822. We recommend that you plan for an additional 15 minutes in your travel itinerary to accommodate the drop off process. Have your airport arrival time and parking lot selection ready, so that a team member may greet you promptly when you arrive. Parking options are:
• ABIA Economy Lot
• Parking Spot East or West
• Fast Park & Relax
2. Enter the parking lot of your choosing and follow lot attendant directions to your parking spot.
3. A HitchaCar team member will be waiting for you when you arrive at the parking lot to greet you and walk you through the next steps:
1. Fill out pre rental Damage Report Sheet (provided by HitchaCar)
2.Take exterior and interior pictures of your car
3. Set lockbox pass code (provided by HitchaCar
4. Place keys in provided RFID pouch and lock them up
5. Take parking lot shuttle to your terminal
PICK UP YOUR VEHICLE:
1. Once you arrive at the airport, text or call HitchaCar Support at (512) 387 4822. You will receive the updated location of your car.
∙ If a customer has booked your car during your travels, it will be parked at a different location which will be provided to you.
∙ If your car has not been booked, you will be notified and you can return to the same parking lot you had originally left your car
2. Once HitchaCar Support provides the parking lot and parking space number of your car, use the on airport parking lot shuttle.
3. A HitchaCar team member will be waiting for you once you arrive at the parking lot to finish the pick-up process:
1. Unlock the lockbox with the code you originally set and grab your keys
2. Fill out post rental Damage Report Sheet (provided by HitchaCar)
3. Once you have ensured your car is in good condition, hop in and have a safe trip home
***Note: Upon departure from the parking lot, you will be responsible for paying the parking fee to exit.
BORROWER: POLICY, REQUIREMENTS, & PROCEDURES
HitchaCar is a peer to peer community: in this community we all have responsibilities to make this marketplace the most convenient, safest and respectful service. As a borrower you have responsibilities when operating someone’s personal vehicle. Borrowers have responsibilities just like the owners, and working together is what makes HitchaCar prosper.
HitchaCar users remember that you are driving someone else’s personal vehicle, please treat it as your own vehicle and be mindful and respectful to the owner.
In order to borrow a car using HitchaCar, users must:
∙ Be at least 21 years or older
∙ Have minimum auto insurance liability coverage as required by law. Texas law requires you to have at least $30,000 of coverage for injuries per person, up to a total of $60,000 per accident, and $25,000 of coverage for property damage.
∙ Have a valid driver's license that is not expired or does not expire during the duration of your trip
∙ Pass our borrower background check of you and your driving history and/or driving record
∙ Have a cell-phone with text and call capabilities under your name
Borrower Obligations and Restrictions
You the borrower have full responsibility for everything that happens during your rental, including but not limited to any damages to the car, any tolls fees incurred, and any tickets.
You agree upon the mileage restrictions set by the owner and agree to pay the additional fees per mile. You agree to return the vehicle at the end of the reservation period at the time and place designated by HitchaCar.
HitchaCar is used for the purpose of traveling around town, you are not allowed to use HitchaCar for:
∙ Uber, Lyft, or any other commercial purposes.
∙ Committing or conspiring to a felony
∙ Transporting illegal goods, explosives, chemicals and other hazardous materials
∙ To travel outside of the United States
∙ Towing or pushing anything with the vehicle
As a borrower, you must return the vehicle in the same condition in which you have received the vehicle. The following fees will be assessed if vehicle is returned dirty, with smoke residue, or with insufficient fuel:
∙ Cleaning Fee: Up to $250 depending on severity, if the vehicle is returned with trash, dirt, liquid spills, etc.
∙ Smoking Fee: Up to $250 depending on severity, if the vehicle is returned with smoke odor, ash, cigarette butts, etc.
∙ Fueling Fee: $10 + current market cost of gasoline will be charged if the vehicle is returned with less fuel than the start of your trip
∙ Unauthorized Driver Fee: $250
Fees - You are responsible for paying all fees when they come due. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines, traffic citations) incurred during the reservation period. If you lose or damage a key or key fob during the reservation period, you will be responsible for the costs of replacing the lost or damaged key. HitchaCar reserves the right to charge unpaid fees to your account.
Your Financial Responsibility and Insurance - HitchaCar provides no liability protection under these Terms from claims of injury by others against you resulting from an accident. With regard to damage, losses, or other liabilities, you acknowledge that, where permissible under applicable law, you are primarily liable for your liabilities under the Agreement, though you may fund that primary liability via any personal insurance you have available to you (e.g., applicable personal auto insurance, business insurance or insurance from credit cards, etc.) as the primary source of funds. You acknowledge that you are fully responsible for any damage, losses, or other liabilities relating to your activities through the Services and are required to ensure your personal/ business auto insurance covers your liability. You hereby agree and acknowledge that the Owner’s insurance will not extend to you during the reservation period. You agree that in the event damage is reported, HitchaCar may immediately charge you up to the amount for damages. Nothing in these Terms is intended to limit your responsibilities or HitchaCar’s legal rights in connection with your use of the Services. You acknowledge that HitchaCar may require and hold a deposit as part of the reservation of a vehicle. You are fully responsible for paying any damage to the vehicle as well as deductibles, contributions, fees, expenses, liens, or fines arising out of your use of a vehicle booked through HitchaCar. If HitchaCar advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to HitchaCar’s schedule for repayment of those amounts to HitchaCar.
Appropriate Use - When you book a vehicle from an owner through HitchaCar, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Uber or Lyft) unless you have express written permission from HitchaCar in advance. You may not access a vehicle until the beginning of your reservation period and you must return the vehicle on time and in a HitchaCar approved parking lot. You must present a HitchaCar team member with a current, valid driver’s license. You may only allow an authorized user who has signed this agreement and provided HitchaCar with their license to drive the vehicle. In addition to the unauthorized driver fee, you agree you will be responsible for any damage to the car caused by a non-authorized driver and no waivers will apply to damage or other costs that occur at any time during the rental period. You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, traffic rules and traffic regulations, including speed limits and prohibitions on impaired or distracted driving. In the event HitchaCar has any concern about your use of a vehicle, HitchaCar 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 seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts and follow other State specific traffic laws. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). When the vehicle is not in use, you will secure it by closing the windows, closing and locking the doors, and parking it in a reasonably safe and secure location. You will be fully financially responsible for any claims, loss, or damage related to your misuse of a vehicle. You must not modify, disconnect, or otherwise interfere with the operation of the odometer, emissions control equipment, or any other equipment installed on or in the vehicle. Borrowers also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection where allowed by applicable law.
Rental Car Theft - It is a felony in most states to fail to return a rental car within a certain period of time after the rental period has expired. The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your insurance coverage:
∙ If you do not return the vehicle by the end of the reservation period
∙ If the vehicle is returned to any place other than the return location provided by HitchaCar. Any damage to, or loss or theft of, a vehicle occurring prior to the owner inspecting the vehicle upon return at the end of the reservation is the guest’s responsibility;
∙ If you misrepresent facts to the owner pertaining to booking, use, or operation of vehicle;
∙ If the vehicle’s interior components are stolen or damaged or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during the reservation period;
∙ If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license; whose driver’s license becomes invalid during the reservation period; who has obtained the keys without permission of the owner; or who misrepresents or withholds facts to/from the owner or HitchaCar material to the booking, use or operation of vehicle.
∙ The primary guest who books the reservation is responsible for any private investigation costs HitchaCar deems necessary to recover a vehicle that is not returned. In addition, a $500 case administration fee will be imposed on the primary guest the owner has to report a vehicle as stolen to law enforcement due to it not being returned.
∙ HitchaCar reserves the right to charge a penalty in case of a delay in returning the vehicle at the time/ place agreed upon by the renter.
Repossession - HitchaCar, a hired agent of HitchaCar, or the owner may repossess any vehicle booked through the Services without demand, at the guest’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.
Missing Vehicles - If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to HitchaCar; file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 24 hours after discovering it has gone missing; and cooperate fully with the owner, law enforcement, HitchaCar, and other authorities in all matters related to the investigation.
HOW TO BORROW A VEHICLE
BOOKING YOUR VEHICLE:
1. Visit http://www.hitchacar.com/book
2. Find a vehicle that fits your travel schedule and your needs
3. Click “Book This Car” and fill out the driver details form
5. Finally, complete your booking by paying with Credit Card via Stripe
PICK UP YOUR VEHICLE
1. Once you arrive at Austin Bergstrom Int’l Airport, text or call (512)-387-4822 to find your car’s location.
2. You will then need to locate the appropriate on airport parking lot shuttle, hop on, and you will get dropped to the car you booked. You will need to use a parking lot shuttle for one of the lots listed below:
∙ ABIA Economy Lot
∙ Parking Spot East or West
∙ Fast Park & Relax
3. A HitchaCar team member will greet you once you are dropped to the car you booked to assist with the check-out process:
1. Provide a valid driver's license to the HitchaCar team member
2. Unlock the lockbox with the code that HitchaCar provides
3. Fill out pre rental Damage Report Sheet (provided by HitchaCar)
4. Once you have ensured the car is in good condition, hop in and enjoy your visit to Austin!
***Note: Upon departure from the parking lot, you will be responsible for paying the parking fee to exit.
DROP OFF YOUR VEHICLE:
1. On the last day of your rental, text or call HitchaCar Support at (512) 387 4822 prior to arriving at the airport. Have your airport arrival time and parking lot selection ready, so that a team member may greet you promptly when you arrive. Parking options are:
• ABIA Economy Lot
• Parking Spot East or West
• Fast Park & Relax
2. Enter the parking lot of your choosing and follow the lot attendants directions to your parking spot.
3. A HitchaCar team member will be waiting for you when you arrive at the parking lot to greet you and walk you through the drop off process:
1. Fill out post rental Damage Report Sheet (provided by HitchaCar)
2.Take exterior and interior pictures of your car
3. Place keys in provided RFID pouch and lock them up using same lock combination when you picked up the vehicle
4. Take parking lot shuttle to your terminal and have a safe trip back home!
In the event that you need to cancel your Listing, please inform us at the earliest. The following charges will apply in case of cancellation:
• Cancellation within 48 hours of the listing time: $75
• Cancellation before 48 hours of the listing time: $45
HitchaCar reserves the right to review and suspend your account in the event of cancellations at their discretion.
In the event that you need to cancel your Booking, please email us at (firstname.lastname@example.org).
• If you cancel your Booking within 48 hours of your pick up time, you will be charged a cancellation fee equal to the total cost of one day of the trip plus $25 convenience fee.
• No-shows will be charged a cancellation fee equal to the total cost of two days of the trip plus $25 convenience fee.
• In case of a cancellation due to flight delays beyond your control, HitchaCar may refund the cancellation fee at its discretion. Please notify HitchaCar within 24 hours of the delay and provide necessary documentation as requested by HitchaCar.
HitchaCar reserves the right to cancel a booked trip if we suspect any fraudulent activity or if there are safety concerns regarding the Listing or Booking. In such cases, any fees charged to the Borrower will be fully refunded.
TERMS GOVERNING USE OF OUR SITE AND SERVICES
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site or the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site or the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you will not access the Site or the Services through automated or non-human means, whether through a bot, script or otherwise; (3) you will not use the Site for any illegal or unauthorized purpose; and (4) your use of the Site or the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not use the Site or the Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws. Among unauthorized Services are the following: intoxicants of any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content, images, or other adult products.
We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Services displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend any Services and the Site is provided for informational and advertising purposes only.
We reserve the right to limit the quantities of the Services offered or available on the Site. All descriptions or pricing of the Services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Services at any time for any reason. We do not warrant that the quality of any of the Services purchased by you will meet your expectations or that any errors in the Site will be corrected.
PURCHASES AND PAYMENT
We accept the following forms of payment:
- Credit card via Stripe
You agree to provide current, complete, and accurate purchase and account information for all purchases of the Services made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for the Services used by you and any applicable fees, and you authorize us to charge your chosen payment provider for any such amounts upon making your reservation. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any Booking placed through the Site. These restrictions may include bookings placed by or under the same customer account, the same payment method, and/or bookings that use the same billing or shipping address.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2.. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
3. Engage in unauthorized framing of or linking to the Site.
4. Make improper use of our support services or submit false reports of abuse or misconduct.
5. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
6. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
7. Attempt to impersonate another user or person or use the username of another user.
8. Use any information obtained from the Site in order to harass, abuse, or harm another person.
9. Use the Services as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
10. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
11. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
12. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
13. Delete the copyright or other proprietary rights notice from any Content.
15. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
16. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
17. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
18. Use the Site in a manner inconsistent with any applicable laws or regulations.
25. Our Services are intended solely for persons who are 21 or older. Any use of the Services by anyone under 21 is expressly prohibited.
26. When you list your vehicle on the Site or at any time after where HitchaCar reasonably believes there may be an increased level of risk associated with your HitchaCar Account, you provide HitchaCar with written instructions and authorization in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report and/or conduct a background check, including a criminal background check where permissible under applicable law.
THIRD PARTY SERVICES AND CONTENT.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Services ("Submissions") provided by you to us are non- confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Services.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Services.
We cannot guarantee the Site and the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Services during any downtime or discontinuance of the Site or the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Site or the Services or to supply any corrections, updates, or releases in connection therewith.
These Terms and the use of the Services are governed by and construed in accordance with the laws of the State of Texas, U.S.A., without giving effect to any conflict of law principles. However, the choice of law provision regarding the interpretation of these Terms and the use of the Services is not intended to create any other substantive right to non-Texans to assert claims under Texas law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in these Terms, are only intended to specify the use of Texas law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Texas law to you if you do not otherwise reside in Texas.
DISPUTE RESOLUTION INFORMAL NEGOTIATIONS
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute in good faith (except those Disputes expressly provided below) informally for at least fifteen (15) days before initiating arbitration. Such informal good faith negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website http://www.adr.org
. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Travis County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Travis County, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
HitchaCar may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your account. You may give notice to HitchaCar, with such notice deemed given when received by HitchaCar, at any time by first class mail or pre-paid post to our registered agent for service of process.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE AND THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT GETAROUND DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO BORROWERS AND OWNERS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HITCHACAR OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE HITCHACAR CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SERVICE OR ANY RENTAL WILL MEET YOUR REQUIREMENTS; OR THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF HE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE INCLUDING BUT NOT LIMITED TO BORROWERS OR OWNERS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OR, OR INABILITY TO USE THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT EARNED BY THE OWNER/ PAID BY THE BORROWER IN THE 6 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR $100, WHICHEVER IS LOWER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HITCHACAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, due to or arising out of: (1) your Contributions; (2) use of and access to the Services; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other user of the Site or the Services with whom you connected via the Site or (7) your violation of any law, rule or regulation of the United States of America. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
In order to resolve a complaint regarding the Site or the Services or to receive further information regarding the use of the Site or the Services, please contact us at:
5320 Krueger Ln, Austin, TX 78723, United States