Terms of Service

You acknowledge and agree that the BookAclassic Website and all materials on it, including without limitation, the Website’s content, software, technology, and databases, contain proprietary information and data that is protected by applicable copyright, trademark, trade secret and other intellectual property laws (BookAclassic “Proprietary Information”).

The Proprietary Information also includes, without limitation, the software programming and html and other code contained in the BookAclassic Website and other vehicle information, any text, graphics, logos, photographs, audio, or video material or stills from audiovisual material available on the BookAclassic Website.

All Proprietary Information on BookAclassic’s Website is owned by or licensed to BookAclassic and may only be used pursuant to the “License for Personal Use” below.

The following terms apply to each user (including car renters and car owners) of the BookAclassic marketplace:

Registration and Verification

When you sign-up for various services offered by DRIVESHARE, you will provide certain information about yourself (e.g. information concerning your car, your driving record, etc.). It is a condition of your use of the Services that you provide complete and accurate information to BookAclassic. DRIVESHARE will use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize BookAclassic to request, receive, use, and store such information for a reasonable period. You agree that all information you provide to register for the Services or otherwise is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice. DRIVESHARE may accept or reject your registration application in its discretion for any reason.

Ongoing Information Updates

You promise to update the information you have provided to BookAclassic in the event of any changes to your driving record or contact information. Specifically, with respect to your contact information, DRIVESHARE may deliver notices to you at the most recent email and billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account or receive mail at that address. Also, you are and will be solely responsible for all the activity that occurs through your account, so please keep your password and account information secure. DRIVESHARE may use and share your information as described in our Privacy Notice.

Incorporation of Additional Terms

Our User Policies provide additional terms of your use of the BookAclassic marketplace and Services (e.g., terms describing car use and payment requirements) that are legally binding and are now incorporated into this Agreement. In addition, our Privacy Notice will apply to all the activities described in this Agreement and is hereby incorporated into this Agreement. Please review those policies carefully. If you have any questions concerning those policies, please contact us at support@bookaclassic.com.

Your Commitments

You agree that you will always use the marketplace in compliance with the terms of this Agreement and any other policies and standards provided to you by DRIVESHARE. You promise BookAclassic that you have the legal right to enter into this Agreement and to use the marketplace. You promise that your activities with DRIVESHARE won’t violate anyone else’s rights. You also agree to comply with all applicable laws and regulations. You agree to defend, indemnify and hold harmless BookAclassic, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, any use of the website's content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the website.

The BookAclassic Website and Service provide opportunities for you to communicate with us and other users, including through the Cruise discovery and community feature, where users may view vehicle listings and owner profiles and, where available, interact through public likes and comments. Cruise comments and any other content you submit through Cruise are User Generated Content. The Website also provides the opportunity for you to enter other content like vehicle photos, avatars, or other information. This content may be visible to other users and may be screened, held, rejected, removed, or otherwise moderated. If you do submit content, you promise that it will not be illegal or harmful at all. BookAclassic can use this content how it desires but DRIVESHARE does not have to review all submitted content. More specifically:

BookAclassic's Cruise feature is a discovery and community feature for existing marketplace listings; it is not a separate rental, driving, chauffeured, or passenger-transport service. If you book a vehicle after discovering it through Cruise, the booking remains subject to these Terms and the applicable booking and protection policies.

1. You represent and promise that:
   • you have all necessary right, power and authority to grant the license set forth below and to submit, post, email, upload, transmit or otherwise make available (hereafter “Submit” or “Submitted”) the content Submitted by you; and
   • content Submitted by you does not violate, misappropriate or infringe any copyright, trade secret, trademark, privacy, publicity or other proprietary property right of any third party.
2. You will not use this Website or services on the Website to Submit content that:
   • you do not have a right to make available under any law or under contractual or fiduciary relationships (including but not limited to insider information or proprietary and confidential information);
   • promotes or contains information that you know, or should know, is false or misleading;
   • helps any criminal activity or provides instructional information about criminal or otherwise illegal activities;
   • contains a photograph(s) of, or information about, another person that you have posted without that person’s consent;
   • contains malware of any kind, or any other disruptive or harmful component;
   • is transmitted to impersonate another member or person.
3. You are solely responsible for determining whether content Submitted while using this site or services complies with all the terms above.
4. You acknowledge that DRIVESHARE does not endorse any content or any opinion, recommendation, or advice expressed in content Submitted by you. BookAclassic expressly disclaims all liability connected to your use of the BookAclassic Website and any content you Submit. You acknowledge that the materials and opinions expressed or included in any content Submitted by you or other users are not necessarily those of BookAclassic.
5. By submitting content to the BookAclassic Website, you are granting to us a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sublicensable right to use the content in any way that we want and for any purpose that we want. We can edit the content and use any legal remedy to defend the content against any third parties. The licensed rights include, without limitation, any patent, trademark, copyright, trade secret, publicity or privacy rights in and to the Submitted information. These rights apply to your name, other personal information, photo, likeness and voice, if included in that content, and any questionnaire responses. We do not have to attribute the content to you. We can attribute it to your name or username. You are not entitled to any compensation or reimbursement of any kind from DRIVESHARE or its affiliates for your Submitted content. Further, DRIVESHARE will be free to use any ideas, concepts, knowhow, or techniques contained in Submitted content information for any purpose whatsoever, including but not limited to developing, selling and marketing products and services incorporating such information.
6. You will not attempt in any way to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the BookAclassic Website or services. You agree to notify DRIVESHARE immediately if you are aware of any such attempt.
7. You acknowledge and agree that DRIVESHARE has no obligation to review or monitor content Submitted by you. You acknowledge that DRIVESHARE is merely acting as a passive channel and is not undertaking any obligation or liability relating to any content or on the BookAclassic Website.
8. You also acknowledge and agree that, notwithstanding Paragraph 7, DRIVESHARE reserves the right to alter, edit, refuse to post or remove any content Submitted by you, in whole or in part, for any reason or for no reason and DRIVESHARE has no obligation to use or respond to and content Submitted by you or others. If you feel that Submitted content is objectionable, you can report it to BookAclassic. DRIVESHARE will review the material, and if appropriate, may remove or edit the material, however, these options may not be available or may not occur immediately.
9. You acknowledge and agree that you have no ownership claim in any compilation of data or information that is created by DRIVESHARE that incorporates any content or materials that you Submitted. You acknowledge and agree that DRIVESHARE may use any such Submitted information in a compilation and that DRIVESHARE is the sole owner of any such compilation of Submitted information.

You promise to follow the rules, and you promise not to break the law or harm anyone. You cannot do any of the following:

1. Transmitting unsolicited commercial email messages to users of the Website;
2. Imposing a disproportionate load on the Website or its server infrastructure, whether through a denial of service attack or otherwise;
3. Attempting to interfere with the operation of the Website;
4. Circumventing the Website’s technological protection or security mechanisms;
5. Using a spider, scraper, or other automated technology to access the Website;
6. Attempting to gain access to the personal, personally identifiable, or payment information of a user of the Website;
7. Harassing a user of the Website;
8. Posting or transmitting anything through the Website that is harassing, threatens or encourages bodily harm, amounts to hate speech, or advocates for any form of violence;
9. Posting or transmitting anything through the Website that infringes upon any third party’s rights;
10. Posting or transmitting anything through the Website that constitutes fraud, a phishing scam, a pyramid scheme, or a chain letter;
11. Posting or transmitting anything through the Website that is indecent, obscene, lewd or otherwise illegal.

Violating any system or network security may result in civil or criminal liability. We will investigate and may involve law enforcement authorities in prosecuting users who are involved in these violations.

Consent to Electronic Communications

If you provide your email address to BookAclassic, you consent to receive communications from DRIVESHARE to that email address. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Scope of BookAclassic insurance: BookAclassic insurance applies ONLY to self-drive vehicle bookings made in the United States where the renter has selected and paid for a BookAclassic insurance package at checkout. It does NOT apply to chauffeured bookings, bookings outside the United States, or bookings made without a BookAclassic insurance package. For any booking outside that scope, DRIVESHARE provides no insurance and the renter and owner are responsible for arranging their own cover.

Owners listing a vehicle outside the United States are required, as a condition of listing on the BookAclassic marketplace, to confirm that they (or their business) carry their own valid commercial or personal insurance covering self-drive rentals of that vehicle, including any liability and physical-damage cover required by local law. DRIVESHARE captures and stores that confirmation against the listing as a record of the owner's acknowledgment that BookAclassic provides no insurance for non-US listings.

Subject to the scope above, during the applicable rental period (i.e., the scheduled start time of renter’s reservation through their return of the car), DRIVESHARE will provide certain comprehensive and collision protection for the car, as well as liability insurance for bodily injury and property damage arising from use of the car. You understand and agree that, for “Uninsured/Underinsured Motorists & No-Fault” (including Medical Payments/First Party Benefits/Personal Injury Protection etc.): DRIVESHARE has either waived such coverage entirely or subscribed to the lowest limit allowable by applicable law and that you are bound by the election and agree to be so bound. The liability insurance and the comprehensive and collision protection shall be excess and contingent over any other valid and collectible insurance that may be available to the renter. Insurance amounts and other details may be found in our Policies. If you have questions about your own personal insurance policies, you should contact your insurance professional; if after reviewing these Terms of Service you or your insurance professional still have questions regarding the BookAclassic protections, please contact us at support@bookaclassic.com and we will connect you with our broker to explain how our protections operate.

You may discontinue your use of the BookAclassic marketplace or any Services at any time and DRIVESHARE may terminate your access to the BookAclassic marketplace or any Services for any reason or no reason. Termination of access to the marketplace or any Services will not release either party from any obligations incurred prior to the termination and DRIVESHARE may retain and continue to use for its own internal purposes any information previously provided by you. DRIVESHARE will not be liable to you or any third party for termination of access or use of this Website or Service. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations provided under this Agreement and all those terms will survive any termination of this Agreement.

This Agreement describes all of BookAclassic’s obligations in the event of any loss or damage resulting from your participation in the marketplace or the Services. To disclaim warranties and to provide for certain limitations on our liability, we are required to provide the following information in this format:

DRIVESHARE PROVIDES A MARKETPLACE THAT ENABLES CAR RENTAL SERVICES BETWEEN CAR OWNERS AND CAR RENTERS. DRIVESHARE DOES NOT PROVIDE CAR RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS MARKETPLACE, THE CAR MANUFACTURER OR ANY THIRD-PARTY PROVIDER OF SERVICES (E.G. IN-CAR GPS OR OTHER SYSTEMS). EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, DRIVESHARE HEREBY DISCLAIMS ANY WARRANTY OF ANY KIND WITH RESPECT TO THE CARS AND OTHER PRODUCTS AND SERVICES PROVIDED BY OR THROUGH BookAclassic, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DRIVESHARE MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. USE OF THE SERVICE, AND ANY CARS RENTED THROUGH THE MARKETPLACE, IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DRIVESHARE WILL CREATE ANY EXPRESS WARRANTY. IN NO EVENT WILL DRIVESHARE BE LIABLE TO YOU FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN BookAclassic’S EXPRESS INSURANCE AND REIMBURSEMENT OBLIGATIONS DESCRIBED IN THIS AGREEMENT, BookAclassic’S LIABILITY UNDER THIS AGREEMENT, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO EVENT EXCEED THE LESSER OF THE AMOUNTS PAID BY YOU UNDER THIS AGREEMENT OR $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT SETS FORTH CERTAIN RIGHTS AND RESPONSIBILITIES. SOME JURISDICTIONS MAY PROVIDE YOU WITH OTHER SPECIFIC LEGAL RIGHTS. THE TERMS OF THIS SECTION WILL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.

FOR LISTINGS LOCATED OUTSIDE THE UNITED STATES, DRIVESHARE EXPRESSLY DISCLAIMS ANY OBLIGATION TO PROVIDE INSURANCE OR PHYSICAL-DAMAGE COVER OF ANY KIND. THE OWNER ACKNOWLEDGES THIS AT THE TIME OF LISTING AND AGREES THAT THEY (OR THEIR BUSINESS) ARE SOLELY RESPONSIBLE FOR ARRANGING AND MAINTAINING ALL INSURANCE REQUIRED BY APPLICABLE LAW FOR EACH RENTAL OF THEIR VEHICLE. DRIVESHARE HAS NO DUTY TO VERIFY, AUDIT, OR CONFIRM THE EXISTENCE, ADEQUACY, OR ENFORCEABILITY OF ANY SUCH OWNER-PROCURED INSURANCE.

NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS EITHER PARTY'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. IF YOU ARE A CONSUMER, NOTHING IN THIS AGREEMENT AFFECTS YOUR STATUTORY RIGHTS OR ANY MANDATORY PROTECTIONS OF THE LAW OF THE COUNTRY IN WHICH YOU ARE RESIDENT.

No Agency

DRIVESHARE does not intend to appoint you or any other user of the marketplace or any Services as its employee, legal agent or to form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of BookAclassic and DRIVESHARE will not make commitments on your behalf, except as contemplated by the marketplace or expressly stated in this Agreement.

No License

The BookAclassic website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by DRIVESHARE, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Except as part of the intended use of the BookAclassic marketplace, you must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. All rights are expressly reserved.

Copyright Complaints

We respect others’ intellectual property. If you believe that your work has been copied — by us or by any third party on the BookAclassic Website — in a way that creates copyright infringement, please provide us with the following written information.

1. A description of the copyrighted work that you claim has been infringed upon;
2. A description of where the material that you claim is infringing is located on the BookAclassic Website, including the URL of the page on which it appears;
3. Your address, telephone number and email address;
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

This Agreement states the entire understanding between you and DRIVESHARE concerning your participation in the marketplace and the Services and supersedes any earlier verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights in whole or in part to any third party without advance written consent of BookAclassic. You will remain responsible for your obligations contained here in any event. If any provision of this Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. Any modification or waiver of any term of this Agreement must be agreed to in writing by DRIVESHARE. BookAclassic’s failure to exercise any right under this Agreement will not constitute a waiver of any other right DRIVESHARE may have. There is personal vehicle sharing legislation that may apply to you; for more information, please contact us at support@bookaclassic.com.

The following Sections apply if you rent a car using the BookAclassic marketplace:

Information provided to BookAclassic

As part of establishing and maintaining your status as an authorized renter through the BookAclassic marketplace, you will need to provide certain information about yourself and your driving record. You understand and agree that you must meet the eligibility requirements at all times that you use a car through the marketplace; if, after initial approval, you later fail to meet the eligibility requirements (e.g., you have a subsequent driving violation that would make you ineligible), you are required to inform us of the change in status, and refrain from renting or driving cars via BookAclassic. As stated above, you have authorized BookAclassic to obtain your driving record and other applicable reports at any time, to verify that you meet the eligibility requirements of the marketplace. You understand and agree that DRIVESHARE may periodically request additional verification of eligibility and proper verification of usage from you as a renter, and that if you fail to provide satisfactory evidence of your continued compliance with this Agreement, DRIVESHARE may terminate your membership immediately. DRIVESHARE may, subject to these Terms of Service and the Privacy Notice, retain and continue to use for its own internal purposes any information previously provided by you. All your information will be held and treated in accordance with the Privacy Notice. To note, any failure to disclose car-related violations, accidents or other material information is grounds for immediate rejection or termination of your membership, effective as of such failure.

Fees and Losses

You are responsible for paying all fees when they come due in connection with your use of the marketplace and the Services. You authorize BookAclassic to charge your saved payment method for the amounts and on the schedule disclosed to you at checkout — including pay-later charge, security deposit, trip adjustments you approve, and substantiated post-trip amounts under the Claims Process — and you represent and warrant that you have the right to make this authorization. You will be responsible for payment of usage fees from the start of your rental period until the time you return the car, and for all costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines) incurred during the rental period (and after, if the car has not been parked in an authorized and legal parking space). Regarding damage, losses, or other liabilities, you acknowledge that any personal insurance you have available to you (e.g., personal auto insurance, insurance from credit cards, etc.) will be the primary source of funds for your liabilities hereunder and the protection offered by DRIVESHARE will not be available to you until your personal insurance has been exhausted. BookAclassic protection may not be available to you in the event you breach your obligations under this Agreement (e.g. if you drive a vehicle while under the influence of drugs or alcohol or otherwise violate any of the User Policies). Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses or other liabilities relating to your rental activities through the BookAclassic marketplace. Where damage is reported, substantiated amounts are recovered first from your security deposit (where one is held) as described in the Claims Process; you remain responsible for substantiated amounts exceeding the deposit to the extent permitted by law.

US Driver-Approval Cancellation

For a new native US self-drive booking cancelled at or after the two-hour-before-pick-up cutoff because no driver was approved, the captured booking payment is held for a separate, case-specific Support decision; no refund is automatic. Any security-deposit authorization is reconciled separately, and its release is not a refund of captured booking payment. Support will resolve the case or update you within two days. See what happens if your booking falls through.

Use of the Car

When you rent a car through BookAclassic, you may use the car only for your personal use and not for any commercial purposes (e.g. running a taxi service). You must exercise reasonable care in your use of the car. In the event DRIVESHARE has any concern about your use of a vehicle, DRIVESHARE may terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the owner. You are required to wear seatbelts during the operation of the car and to require that all of your passengers wear seatbelts as well. You are also required to meet any laws or regulations concerning car seats and other protections for young passengers. The User Policies section provides a list of Prohibited Uses of any car rented through the BookAclassic marketplace. The list isn’t meant to be exhaustive. If you have any concerns about your planned use, please contact BookAclassic customer service at support@bookaclassic.com. You will be fully responsible for any claims, loss or damage related to your misuse of a car. Renters also acknowledge that using a vehicle in a prohibited manner may lower the renter’s liability coverage to state minimum limits or nullify coverage, where allowed by applicable law, and may furthermore nullify any comprehensive or collision protection.

Condition of the Car

You understand that, unless otherwise specifically noted, the cars offered through the BookAclassic marketplace are owned by third parties and are not owned or maintained by DRIVESHARE. Each owner is responsible for maintaining and repairing the car(s) they offer through the marketplace in a roadworthy condition and is ultimately responsible for the condition of the car at the beginning of the rental period. Please complete a visual inspection of any rented car before you begin your use of the car. If you find damage in your initial inspection, you must notify DRIVESHARE immediately, to avoid any confusion about your role in the cause of the damage, or you may be held liable for any damage. As an alternative, you and the owner can jointly agree and document such agreement, with supporting photographs, of any pre-existing damage for which you as the renter should not be liable. If you find damage on your initial inspection and fail to report it, DRIVESHARE may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the car is not safe enough to drive, please do not use the car; in that event, please contact the BookAclassic team immediately at support@bookaclassic.com.

Incident Reporting

You must immediately report any damage to the car you are using to DRIVESHARE at support@bookaclassic.com, and if there has been a collision, to the police as well. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide BookAclassic with a written description of the incident and any other information DRIVESHARE may request, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by DRIVESHARE, our claims administrators, or insurers. After an incident, you may not continue to use the car unless you have the explicit permission of BookAclassic staff. Failure to timely report an incident may reduce or invalidate protection from DRIVESHARE.

Insurance

In addition to the terms of the Protection section above, you understand and agree that DRIVESHARE will provide primary liability insurance for the owner and that renters will not look to an owner’s policy for coverage in accordance with our User Policies and all available state car sharing statutes. DRIVESHARE will provide certain liability insurance and protection against physical damage losses as described in this Agreement and the User Policies. You are fully responsible for paying any damages not covered by insurance, as well as insurance deductibles, fees, expenses, liens, and fines arising out of your use of a BookAclassic car. If BookAclassic advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to BookAclassic’s schedule for re-payment of those amounts to BookAclassic.

Waiver

DRIVESHARE provides a marketplace to allow car owners and renters to connect in an easy and efficient way. Except as expressly provided in this Agreement, BookAclassic and the applicable car owner do not intend to take liability with respect to your use of the BookAclassic marketplace, the Services, or the applicable car(s).

AS SUCH, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST BookAclassic AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “BookAclassic PARTIES”) AND THE CAR OWNER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS MARKETPLACE OR ANY SERVICES INCLUDING, WITHOUT LIMITATION, A CAR NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN A CAR, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR PASSENGERS AND, IN THE CASE OF THE BookAclassic PARTIES, ANY ACTIONS OR INACTION OF THE CAR OWNER. YOUR WAIVER DOES NOT EXTEND TO ANY DAMAGES OR LOSSES RESULTING FROM ANY PARTY’S GROSS NEGLIGENCE OR WILFUL MISCONDUCT.

The following Sections apply if you rent out your car through the BookAclassic marketplace:

Information Given at Registration

When you sign up for BookAclassic, you will identify a particular passenger car(s) that you want to list for rent through the marketplace. Each car must meet the requirements provided by DRIVESHARE on the BookAclassic site from time to time. You may only use the marketplace in connection with cars that you own or otherwise have all the necessary rights and permissions to rent out.

Car Availability

Once a reservation is booked — whether you accepted it, or it was confirmed automatically because you enabled Instant Book on your listing — you are required to make the car available as expected by the renter. You must also include the general location of the car on your profile page and ensure that the car is available at that location at the beginning of the rental period.

Rental Fees

You will have the ability to set and revise the vehicle's rental rates as you choose. DRIVESHARE will pay you the amount collected from those who rent your car, less the applicable fees payable to BookAclassic, as well as any taxes or similar charges that BookAclassic collects. The commission rates that apply are described in our Fees Policy and shown in your earnings breakdown; the rate that applies to a rental is the rate in force at the time of the booking. Where required by law, BookAclassic calculates, collects and remits certain taxes on bookings (for example US sales taxes); beyond that, you are fully responsible for all taxes relating to or arising out of your activities under this Agreement. DRIVESHARE will need certain information from you to ensure we can report income paid to you as required by law, and may withhold payments until we have received that information.

US Driver-Approval Cancellation

For a new native US self-drive booking cancelled at or after the two-hour-before-pick-up cutoff because no driver was approved, any unpaid host payout is held pending a separate, case-specific decision. An already-paid payout is reviewed separately and is not automatically clawed back. Support will resolve the case or update you within two days. See what happens if a booking falls through.

Maintenance

You are required to regularly check your car for any defects in its operations or safety and have your car inspected as described in the Maintenance Policy. You promise that, always, your car 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 recall or similar safety notices and to complete any recommended action promptly. If BookAclassic believes that your car does not conform to reasonable standards, DRIVESHARE will notify you and reserves the right to refrain from listing your car on the marketplace until its concerns have been resolved.

Decals

DRIVESHARE may, from time to time and at its expense, require that certain labels or other markings, be temporarily affixed to your car while you participate in the marketplace. DRIVESHARE will provide instructions for removal of those labels or decals in connection with any termination of your participation in the marketplace.

Event Reporting

If you believe that a renter has caused any damage to your car, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the reservation) and to open a claim under the Claims Process. With each break in rental activity you need to inspect your car and report any damage that you believe was caused by a renter. Once a claim is open you have 7 days to substantiate it with evidence; unsubstantiated claims resolve automatically in the renter's favour and the security deposit (where held) is released. If DRIVESHARE is not given prompt notice, or if you do not provide reasonable cooperation in the investigation, we may not be able to determine the cause, and you agree that we may decline any financial responsibility for such damage.

Physical Damage

Subject to all the terms of this Agreement — and only within the scope of BookAclassic insurance described in the Protection section above (self-drive rentals of US-located vehicles where the renter selected and paid for a BookAclassic insurance package) — DRIVESHARE will bear the risk of theft, destruction, or damage with respect to your car during the rental period. For any booking outside that scope (including all non-US listings, and all chauffeured and event rentals), DRIVESHARE bears no such risk: your own insurance, as confirmed in your listing attestation where applicable, is your recourse, together with recovery from the renter under the Claims Process. In the event of a loss that is covered by this Agreement, DRIVESHARE will either pay you the reasonable and actual expenses of repair of the car or, if that amount is greater than the agreed cash value of your car, pay you the agreed cash value. Note, if BookAclassic's insurer chooses to pay you the agreed cash value for your car, you will be required to transfer title to the car to BookAclassic or its agent. The standard for the car's “agreed cash value” will be the insured value agreed during the listing process and subsequent approved adjustments, or other industry-accepted, comparable source as determined by DRIVESHARE or its third-party claims administrators in their discretion. DRIVESHARE is not responsible for any personal property that is taken from your car or damaged during a rental period; we recommend that you remove all personal property before making the car available. You should expect normal wear and tear on your car in connection with your participation in the marketplace, and to the extent allowed by applicable law DRIVESHARE will not reimburse you for normal wear and tear. Furthermore, DRIVESHARE will only provide protection for “comprehensive” losses due to acts of nature (e.g., flood, earthquake, severe weather, etc.) that equal the corresponding comprehensive coverage you have in effect immediately prior to the reservation period, as evidenced by valid written documentation of your existing insurance.

Other Insurance and Legal Matters

In addition to the terms provided above, you agree to comply with any and all applicable laws and regulations, including registration and minimum insurance requirements for your car. There is personal vehicle sharing legislation that may apply to you; for more information contact DRIVESHARE at support@bookaclassic.com. With respect to any insurance policy procured by DRIVESHARE for your benefit, you hereby appoint BookAclassic as your attorney-in-fact solely for the purpose of filing claims, receiving payment and otherwise administering that policy. You also promise to maintain any proof of insurance in your car during every registration period, as requested by DRIVESHARE. DRIVESHARE may obtain insurance through a third-party provider or may choose to self-insure (meaning BookAclassic takes on part or all of the insurance obligations itself, subject to all applicable laws and regulations). As part of your participation in the marketplace, you must maintain your own insurance policy and meet any minimum insurance levels required by law. You agree to provide BookAclassic with information regarding your policy’s coverage as may be requested from time to time. You must inform BookAclassic promptly in the event information previously provided changes. Except with respect to losses to be paid by DRIVESHARE as described above, you will be fully responsible for any losses or damages suffered by any party as the result of your activities under this Agreement.

Indemnification

In the event of any claim for a loss or injury that occurs during the use of your car by a BookAclassic renter (or by DRIVESHARE itself), DRIVESHARE will defend and indemnify you against such claims as required by applicable law. In connection with any indemnified claim, you are required to: (a) give BookAclassic prompt written notice of the claim; (b) allow BookAclassic sole control over the defense of the claim; and (c) provide BookAclassic reasonable cooperation in its defense of the claim, at BookAclassic’s expense.

Who you contract with

The BookAclassic marketplace is operated by DRIVESHARE Limited. DRIVESHARE Limited is a private limited company registered in England and Wales (company number 12082591), with its registered office at 1 Vine Street, Mayfair, London W1J 0AH, England. When you use the Service, and for bookings of vehicles located outside the United States, your contract under this Agreement is with DRIVESHARE Limited. For bookings where DriveShare LLC is the merchant of record (United States bookings), DriveShare LLC is a limited liability company formed in the State of Delaware, USA (Delaware file number 5594906). For bookings of vehicles located in the United States, the booking contract and the charge to your payment method are made by DriveShare LLC, a member of the same corporate group, and references to “DRIVESHARE” in relation to such bookings include DriveShare LLC. The entity that is the merchant of record for your booking is shown at checkout and on your receipt.

Governing law

Where your contract is with DRIVESHARE Limited, this Agreement and any dispute or claim arising out of it are governed by the law of England and Wales. Where your contract is with DriveShare LLC (United States bookings), this Agreement and any dispute or claim arising out of it are governed by the law of the State of Delaware, USA, without regard to its conflict-of-law rules.

If you are a consumer, you will always additionally benefit from any mandatory provisions of the consumer-protection law of the country in which you reside. Nothing in this Agreement, including the choice of governing law above, deprives you of the protection of those mandatory provisions.

Where disputes are heard

Where your contract is with DRIVESHARE Limited, the courts of England and Wales have jurisdiction, except that if you are a consumer resident in another country you may also bring proceedings in, and may only be sued in, the courts of that country. Where your contract is with DriveShare LLC, the state and federal courts located in the State of Delaware have jurisdiction, except that if you are a consumer you may bring proceedings in the courts of your state of residence where the law of that state gives you that right. Before starting formal proceedings, please contact us at support@bookaclassic.com — most issues can be resolved quickly by our support team.

If you are a consumer resident in the European Union, the European Commission's online dispute resolution platform is available at ec.europa.eu/consumers/odr.

The new app release removes continuous background location recording. Location remains available while the app is in use for nearby search and optional one-time trip stamps. The background-location description below applies only to older installed versions until they are updated. Previously collected trip location records remain subject to deletion 30 days after the rental closes.

During an active self-drive rental, the BookAclassic renter app records the vehicle's location in the background while the trip is in progress. This background location record exists solely to protect renters, owners and their vehicles: it supports theft recovery, helps resolve damage and dispute claims, and serves as a safety record for the rental.

This background location record is visible only to DRIVESHARE's platform operations staff. It is never shared with or made visible to vehicle owners or any other user, and it is used only for the safety, theft-recovery and damage- or dispute-resolution purposes described above.

This background location record is automatically and permanently deleted 30 days after the rental closes.

Before background location recording begins, the renter is shown an in-app disclosure explaining that the trip location will be recorded, and recording depends on the location permission the renter grants to the app. The renter controls this permission at the operating-system level at all times and may change or withdraw it through their device settings; withdrawing the permission will stop the background location recording.

If you have questions about these Terms, please contact us at support@bookaclassic.com.

DRIVESHARE