Last
updated on January 22, 2023
This policy applies to your use
of the Service as a Renter. For the purposes of this guide, a 'Car' means any
vehicle you reserve through the Service.
By reserving with us, you agree to the following
terms:
Cars may only be reserved for personal use. You
agree not reserve a Car to carry passengers for hire or property for hire.
You agree not to engage in competitive driving
or racing; carry passengers other than in the interior or cab of the Car; carry
passengers or anything else in excess of the capacity of the Car; use the Car
to push, propel, or tow another car, trailer, or any other thing; engage in
illegal or dangerous activities; or otherwise use the Car in a manner aside
from its intended use for transportation. You agree to drive and park with
reasonable care, keep the Car clean, and return it on time.
Whip is a premium, full contactless car rental
app. To ensure that the next Renter after you enjoys their trip, we ask that
you return the car in as good (or better) condition than you found it at the
start of your trip. This means committing to the following:
- Remove all trash,
shake out floor mats and ensure no mud, dirt or pet hair remains.
- Take the car through
the car wash if it becomes visibly muddy/dirty (car body, wheels, or windows)
as a result of your trip.
- Wipe down surfaces
and ensure no odor remains.
- No smoking or other
use of tobacco and marijuana products (including, but not limited to, cigarettes,
e-cigarettes or vaping devices, pipes, cigars, snuff, or chewing tobacco) in or
near the car.
You must lock and secure the Car doors and
windows as well as turn off the ignition at the end of your Booking. You agree
and understand that failure to do so may result in charges outlined in our Fee
and Partner Schedule, including any resulting costs arising out of your failure
to secure the Car.
You agree to return the Car with at least the
same amount of fuel in the tank as was present at the start of your Booking. If
the fuel is not filled back to the level present at the start of your Booking,
you may be charged fees in accordance with our Fee and Payment Schedule.
You further agree that you are responsible for refueling the car with the
correct fuel type and you accept full liability for any damage or loss caused
by refueling a Car with the incorrect fuel type.
You understand and agree that if you transport
pets in a Car, you should take the car through the interior car cleaning before
ending the Booking.
You agree that you will not smoke in any Car,
and you understand that you may be fined in accordance with our Fee and Payment
Schedule for violating this Renter Policy.
You may not to drive a Car outside of the United
States. Cars may not be driven to Mexico, or any other destination outside of
the United States.
You may not carry out a crime or participate in
any other illegal activity while operating a Car.
You may not use a Car for any negligent use
where the intent is abusive or abnormal for its operation.
You agree that you have reviewed and meet our Eligibility
Requirements prior to each Booking. You understand and agree that, for all
Whip cars that you reserve, you are the sole authorized driver (“Authorized
Driver”) allowed to drive your reserved car. You shall not permit any other
person (an “Unauthorized Driver”) to drive the Whip car that you have reserved,
regardless of whether the Unauthorized Driver has a valid Whip account and
would otherwise be an Authorized Driver if they had reserved the Whip car that
you booked. Should you permit an Unauthorized Driver to drive the Whip car that
you have reserved, you will be fined in accordance with our Fee and Payment
Schedule, and your Whip account may be suspended or terminated. These fines are
separate from any legal remedies Whip may have in connection with your
violation of these Terms of Service. Further, you understand and agree that
you are solely responsible for any damage, loss, claim, and liability arising
from actions taken by such Unauthorized Driver to the maximum extent permitted
by applicable law and these Terms of Service.
You should park a Car during the Trip only in permitted
commercial and public parking locations and are responsible for timely payments
for parking.
Before driving the Car, you shall submit an
inspection report including photos of any pre-existing damage through the
Service. As a minimum, you should take 4 photos of a Car from every side and 2
photos of the front and back interior. You understand and agree that you may be
liable for any damage that you fail to report before driving the Car, at the
discretion of Whip.
You understand and agree that you are solely
liable for traffic tickets, moving violations, and any other traffic violations
that occur during your Booking, including all resulting fees. You understand
and agree that Whip or its agents may choose to challenge, settle, or assign to
you violations that occur during your Booking; and you authorize Whip or its
agents to release information relating to your account to any government agency
or court necessary to settle such claims.
You understand and agree that you are solely
liable for parking tickets and citations that are incurred during your Booking,
including all resulting costs such as towing, impound, retrieval, and
administrative charges. You agree to pay these fees in a timely manner and to
comply with all legal obligations that arise from such violations. If you
street park a Car at the end of your Booking, you understand and agree that you
will park such Car on the street legally and in compliance with all public
ordinances and private bylaws, including curbing of the Car wheels as required.
You are solely responsible for paying all tolls
in a timely manner and for complying with all legal obligations.
We may provide roadside assistance for accidents
and breakdowns that occur during a Booking. If roadside assistance is not
available during a Booking for any reason, or, if your own negligence
contributes to the breakdown or need for roadside assistance, you understand
and agree that you are solely responsible for all roadside assistance costs,
including all resulting costs such as towing, impound, retrieval, and
administrative charges, and that you may be additionally charged in accordance
with our Fee and Payment Schedule. If you reject the roadside assistance
provided by Whip and instead utilize a road assistance provider of your choice,
you shall indemnify Whip from any and all claims arising out of your rejection
of Whip's roadside assistance.
In the case of a mechanical breakdown caused by
the Partner's failure to observe any of the requirements listed in the
Maintenance, Safety, and Inspections section of our Partner Policy, Whip
will attempt to transfer the Renter’s Booking to a nearby available Car. If
there are no available Cars nearby, Whip's responsibility in such a situation
is limited to the portion of the trip price paid by the Renter that is
attributable to the unused part of the Booking. If there are no available Cars
nearby, Whip may, in its sole discretion, reimburse the Renter for reasonable
expenses incurred directly by the Renter and required to transport the Renter
and any affected passenger(s) to a safe location within 25 miles of the site of
the breakdown.
You may not place stickers, signs, symbols, or
other devices, modifications, advertisements, or publicity materials on the
interior or exterior of a Car without the explicit permission of Whip.
You may not pick up hitchhikers or persons
unknown to you while in a Car, whether before, during, or after a Booking.
Renters may not operate the Car while under the
influence of alcohol, or any prescription or non-prescription drug for which
driving during use is not recommended on the label or by reasonable opinion of
a pharmacist or doctor.
Renters may not possess, or use Cars to
transport, any items or objects that, by their nature, can be used as weapons,
including (without limitation) guns or other firearms, knives, athletic
equipment (unless being transported for the purpose of engaging in athletic
activity), mace or pepper spray, tasers, and tools (unless being used for their
intended purpose). The foregoing restrictions apply regardless of any
license(s) held by or issued to a Renter that would otherwise permit such Renter
to possess, carry, and/or transport the item(s) in question. Violation of this
rule will result in immediate and permanent account deactivation.
You may not operate devices that require one or
both hands while driving, including but not limited to cell phones, mobile
computers, or devices that allow texting. We discourage you from engaging in
any activity that takes your attention off the road while driving.
You must obey all applicable seatbelt laws while
in a Car. We recommend that every person in the Car wear a seatbelt at all
times.
You may not drive while wearing any device that
limits the your ability to hear, see, and otherwise judge driving conditions.
You must follow all applicable laws governing headphone use in a Car, which may
differ state by state.
Renters are not responsible for routine
maintenance and repairs of a Car. Renters may be held liable for the repair
cost for of all other repairs of damage to the car during the Booking and must
follow the reporting, claims processing, and repair procedure set forth below
for all such damage.
If you incur any traffic incident or driving
violation that affects your eligibility as an Authorized Driver on the Service
as described in Eligibility Requirements, you agree and understand that you immediately
become ineligible and are no longer considered an Authorized Driver. You agree
and understand that immediately you must indemnify Whip for any and losses that
might occur as a result of your continued operation of a Car.
For every Booking, you understand and agree to
be charged a fees as outlined in our Fee and Payment Schedule.
You understand and agree that all Cars on the
Service are equipped with Whip telematic devices for remote access and that you
must arrive at the Car during the Booking period and use a compatible
smartphone with the Whip app software to unlock the Car.
You agree and understand that canceling a Booking
may result in your primary credit card on the Service being charged as outlined
in our Fee and Payment Schedule.
You agree and understand that returning a
vehicle late, after the originally-scheduled end of your Booking, may result in
a being charged fees as outlined in our Fee and Payment Schedule. You further acknowledge that if you do not
return a vehicle by the originally-scheduled end of your Booking, you will be
charged for all towing, impound, storage, citation, and recovery costs and fees
associated with your failure to return the vehicle as scheduled.
You agree and understand that every Car on the
Service has a mileage of 150 miles per day per Booking day.
By reserving a manual transmission Car (“MT
Car”), you represent and warrant that you have sufficient driving experience to
properly and safely operate the MT Car. You understand and agree that you are
solely responsible for all costs arising from your improper driving of a MT
Car, including all repair, servicing, replacement, and administrative charges
incurred to return the MT Car to proper working order.
You agree that any violations of this Renter
Policy or our Terms of Service from actions taken by you may result in costs
charged to your account, at Whip’s sole discretion, to recover all resulting
and administrative costs.
Notwithstanding the presence of any form of
assisted driving or autopilot aid, Cars must be driven with at least one hand
holding the steering wheel at all times while in motion, unless such operation
is prevented by a physical disability as defined by applicable state or federal
law.
Whip does not recognize or enforce agreements or
arrangements made directly between Renters and Partners outside the Service.
Such arrangements may include fuel reimbursements, the payment or duration of
trips, pickup or dropoff instructions for Cars, or charges or reimbursements
for trip fees. No such arrangements pertaining to a Whip trip shall prohibit or
otherwise affect Whip’s ability to enforce this policy or our Terms of Service.
Solely during your Booking, the Car is covered
by Whip's insurance policy. You agree that you have reviewed the terms of
coverage are outlined in our Insurance Summary.
If a Car is damaged during your Booking, it is
your responsibility to gather relevant information and report the damage and
related circumstances to Whip within 48 hours of the incident. You understand
and agree to report damage to Whip online no later than 48 hours after the end
of the incident for Whip insurance coverage to apply, unless you are rendered
incapable of doing so. You understand and agree to detail the full nature of
the damage and allow time for damage or loss assessment, dispute arbitration,
or remediation at Whip's sole discretion. You understand and agree that failing
to report damage within 48 hours of the event occurring may forfeit Whip insurance
cover during your Booking and you will be solely responsible for all repairs
and any loss or liability arising from the incident. In addition, failure to
report damage within 48 hours of the event occurring will result in an Unreported
Damage Fine being charged to your account.
You understand and agree that as part of filing
a claim for a loss, your primary payment card on the Service will be charged a
Damage Fee outlined in our Fee and Payment Schedule and that the
Damage Fee is charged regardless of whether you are at fault for the loss,
unless you have purchased a Protection Plan applicable to the Booking for which
the Damage Fee would otherwise apply. At the conclusion of the claim, a part of
or the full Damage Fee may be returned to you should the loss amount not exceed
the full Damage Fee or if another party is deemed responsible for the loss.
You understand that any negligence, misuse, or
breach of this Renter Policy or our Terms of Service may void your Whip
insurance coverage and that you will be solely liable for any damage,
liability, or loss arising from your actions.
You understand and agree that, in assessing any
damage or loss, we will utilize the services of a professional vendor approved
by Whip at our sole discretion or an approved vendor selected by insurance
provider representing the liable party.
You understand and agree that personal items
left in the car are not covered by Whip’s insurance policy before, during, or
after a Booking, as outlined in our Insurance Summary. It is your responsibility to remove personal
belongings from the Car when you are not present with it.
In addition to the general indemnification
obligations stated in our Terms of Service, you agree to defend, indemnify, and
hold harmless Whip, agents, licensors, managers, and other affiliated
companies, and their employees, contractors, agents, officers, and directors,
from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's fees)
arising from your violation of any of the provisions contained within this Renter
Policy.
The “Whip Accounts” section of our Terms of
Service specifies the terms pursuant to which you are required to open and
maintain an Account with Whip to use the Service. In addition to the
requirements listed therein, this section specifies requirements applicable to
your Account as part of your use of the Service as a Renter.
At all times while using the Service, Renters
shall ensure that their Accounts with Whip remain in good standing. An Account
in good standing is one that meets all of the following requirements:
For clarity, as stated in the “Service Rules”
section of our Terms of Service, an Account in good standing may still be
permanently terminated or temporarily suspended, without notice or liability,
for any reason or no reason. An Account in good standing is a prerequisite to
(but not a guarantee of) your access to the Service to participate in the
Program.