Last Updated: March 11, 2021
These Lyft Center, Inc. Vehicle Rental Terms and Conditions and other vehicle rental transaction documents and a return record with computed fees and charges shall collectively constitute the rental agreement (“Rental Agreement”) between you, a member of the Lyft Center, Inc. rental program (“Program”) and Lyft Center, Inc. (“Rental Company”) for each vehicle you rent under the Program.
PLEASE BE ADVISED: THIS RENTAL AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND RENTAL COMPANY HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE SECTION 18 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST RENTAL COMPANY TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
You will have access to the Program reservation system via the Lyft App (“App”) after we approve your enrollment. Once your membership has been approved, you can use your login credentials to access the App and reserve vehicles--subject to the terms of this Rental Agreement. The Lyft App allows authorized members to gain access to and use the vehicle during the time reserved. When you book a reservation, you must select a date and time to start your reservation and a date and time to end the reservation. You may terminate your membership at any time.
You rent from us the vehicle described on the rental document, which rental is solely a bailment for mutual benefit. You agree to the terms below, provided any such term is not prohibited by the law of a jurisdiction covering this rental, in which case such law controls. “You” and “your” refer to the person who consents to this Rental Agreement, “we” or “our” and “us” refer to Rental Company. You agree that you are not our agent for any purpose; and that you cannot assign or transfer your obligations. You represent and warrant that for each vehicle you rent under the Program, you (i) are the driver making the vehicle reservation; (ii) have provided valid and accurate driver information about yourself in the rental document; and (iii) have used a credit or debit card issued in your name to reserve the vehicle.
Any change in this Rental Agreement or our rights must be in writing and signed by an authorized Rental Company officer. You further agree that we have the right to change these Terms and Conditions from time to time either upon written notice to you, in paper or electronic form, or upon our posting changes on our website at https://www.lyft.com/terms/rentals. Such changes will apply to rentals that you reserve after such notice has been given, as indicated by the date of such notice, if sent in written form, or the date such changes are posted on our website, which date will be indicated therein.
The word “vehicle” means the vehicle rented to you and its replacement, including all tires, tools, equipment, accessories, license plates/tags and vehicle documents in or on the vehicle.
Who May Drive the Vehicle.
Except where otherwise specifically authorized by applicable law, only you, and with your express prior permission, your spouse, your employer or coworker engaged in a business activity with you, and/or any additional driver you authorize to drive the vehicle and add to the vehicle reservation at or before the time of vehicle pickup may drive the vehicle (each, an “authorized driver”). You represent that you and any authorized driver are capable and validly licensed drivers. Any authorized driver of the vehicle must be at least 22 years old and must be a capable and qualified driver in possession of a validly issued driver’s license, which is in good standing under the laws of the issuing jurisdiction. There may be a charge for authorized drivers under 25 years of age and/or each additional driver authorized to drive the vehicle, which will be specified on the rental document. You agree that Rental Company has the right to verify that the driver’s license of any authorized driver has been validly issued and is in good standing and that Rental Company in our sole discretion may refuse to rent to you, terminate your membership, terminate the Rental Agreement or refuse to allow others to drive the vehicle, for any reason including but not limited to the following: (i) the driver’s license of any authorized driver has been or is currently suspended, revoked or otherwise similarly restricted in any way; (ii) you failed to provide Rental Company all required documentation necessary for the rental; (iii) you are past due on payments owed to Rental Company, our parent, and/or affiliated companies; or (iii) any of the following has occurred in the course of your current or prior rentals: your vehicle has been repossessed, you have returned a damaged vehicle, you have incurred an excessive cleaning fee, you have previously engaged in a Prohibited Use of a vehicle, or you have had excessive no shows or last minute cancellations.
- Rental Charges. The credit or debit card used to reserve the vehicle and pay all amounts due under this Rental Agreement must be issued in your name. You will pay for the number of miles/kilometers you drive and the period of time you rent the vehicle at the rate indicated on the rental document. The minimum charge is one 24-hour day, plus mileage, if applicable. We will determine the miles/kilometers by reading the factory-installed odometer. The daily charge applies to consecutive 24-hour periods starting at the hour and minute the rental begins, or such other measure of time as specified in the rental record. You will also pay all charges that apply to the rental for: (1) early and late return; (2) additional (except in California) and underage drivers; (3) car seats and other optional products and services; (4) airport facility fees, tourism assessment fees, airport concession recovery fees, vehicle license recovery fees, and other fees and surcharges specified in the Rental Agreement; and (5) all applicable taxes and tax-related surcharges.
- Late Return Additional Charges. The daily rental charge is based on a 24-hour rental period starting with the time of rental stated on your rental document. If the vehicle is returned 59 minutes late or less beyond the end of the 24 hour rental period, there will be no additional charge. If the vehicle is returned more than 59 minutes late, then for every 24-hour period starting at the hour and minute the rental was scheduled to end as set forth in your rental document, there will be an additional charge equal to the daily rental rate charged in your rental document plus 100% of any charges in your rental document for any additional products or services that you purchased or other miscellaneous charges.
- No Show Fee. You will be assessed a fifty-dollar ($50.00) fee for failing to show-up at the time of your rental. To avoid the charge, you must cancel your reservation no later than twenty-four (24) hours in advance from the time of your reservation. If your reservation was made within twenty-four (24) hours of your reservation time and you cancel your reservation, you will not be charged the fifty-dollar fee.
- Fuel Service Charge. All vehicles are rented with a full tank of fuel and Rental Company requests that you return the vehicle with a full tank of fuel. However, if you return the vehicle with less fuel than when you received it, Rental Company will charge you a fuel service charge at the applicable rate specified in the Rental Agreement. To calculate this charge, Rental Company will calculate the number of gallons of fuel needed to refill the vehicle’s fuel tank (based on the vehicle’s gas gauge and the capacity of the vehicle’s fuel tank), and then multiply by the prevailing per gallon pump price of fuel as noted in your rental document.
- Cleaning Fees. Rental Company maintains a clean and smoke free fleet of vehicles. You are expected to return the vehicle in the same clean and smoke free condition. You will pay a fee up to $300 for cleaning the vehicle’s interior and exterior upon its return if there are any stains, odors (including cigarette, e-cigarette, and cigar odors), dirt or soil in or on the vehicle attributable to animals, pets or to any other use of the vehicle.
- Key and Owner’s Manual Replacement Costs. You will be responsible for the costs incurred by Rental Company to replace the key(s) to the vehicle provided to you at the time of rental if you lose or damage the key(s) or otherwise fail to return fully functional key(s) when you return the vehicle to Rental Company. If the owner’s manual is provided in the vehicle and is not returned, you will be responsible for the costs incurred by Rental Company to replace the manual plus an administrative fee of up to $25.
- Card Charge/Reserve. You will pay all charges, fees, expenses, taxes, surcharges and other amounts due to Rental Company pursuant to this Rental Agreement and your rental document (including “Incidental Costs” defined in Section 8.a. below) and you authorize Rental Company, from time to time, to charge your card (including digital wallet or mobile payment application linked to your card) for the full amount(s) due to Rental Company pursuant to this Rental Agreement. You acknowledge and consent that if you use a credit card your available credit, up to an amount of the estimated total charges due under your Rental Agreement, plus a security deposit amount specified in the rental document at the time of vehicle reservation (or in the case of modification to a reservation, at the time of such modification) (“Security Deposit”), may be set aside or reserved by the card issuer of the card, which you present for payment of your rental charges. You consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental. If you change your reservation at any time, you acknowledge and consent that the new estimated total charges due under the Rental Agreement, plus the Security Deposit, may be set aside or reserved by the card issuer of the card. You understand that Rental Company will authorize the release of any excess reserve or set aside upon the completion of your rental and that your card issuer’s rules apply to your credit line or your account being credited for such excess, which may not be processed by your card issuer immediately upon the return of the vehicle.
- Collections. If you do not pay all amounts due to Rental Company under the Rental Agreement upon demand, you agree to pay a late charge of 1 1/2% per month on the past due balance or the highest rate permitted by applicable law, whichever is less (collectively, “Charges”). You agree to also pay for any costs that Rental Company incurs in seeking to collect such Charges, including court costs and reasonable attorney’s fees in addition to an administrative fee of up to $100, cost recovery expenses, insufficient funds fees and collection fees (“Costs”). You also agree that we or our collection agent(s) may access the personal information that you provided to us in any effort to collect any Charges or Costs under this section and may use the address provided by you on the rental document, or in any customer profile, as the place to send any demands or collection notices. In the event that you presented a credit card or debit card for payment, you understand that we may report such deficiency to an appropriate credit reporting agency and you also authorize us to share that credit and debit card information with third party collection agents and further authorize us or our collection agents to charge any amounts due to us including, but not limited to, the Charges and Costs referenced above, to that credit or debit card.
- Errors in Charges/Fees. The charges and fees shown on the return record are not final and are subject to review by Rental Company. You will pay any undercharge, and you may receive a refund for any overcharge, Rental Company discovers on review.
- Taxes. You’ll also pay all applicable taxes as well as any additional charges provided on the Rental Agreement which are over and above the base rental rate. These may be surcharges and/or, to the extent permitted by law, recovery fees to recover certain costs.
- Currency. All charges related to your rental will be in U.S. Dollars. If you use a credit, charge or debit card issued by a financial institution outside of the United States, you may experience a conversion fee from your financial institution and/or card issuer. Please contact your financial institution and/or card issuer for more information.
Prohibited Use of the Vehicle.
Certain uses of the vehicle will violate this Rental Agreement. A VIOLATION OF THIS SECTION WILL AUTOMATICALLY TERMINATE YOUR RENTAL, AND, TO THE EXTENT PERMITTED BY LAW, IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED. IT ALSO MAY MAKE YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR.
It is a violation of this Rental Agreement if:
You use or operate or permit the vehicle to be used or operated: (i) by anyone who is not an
authorized driver, as per Section 2 (Who May Drive the Vehicle) of this Rental Agreement;
(ii) by anyone who has provided false or fraudulent information to Rental Company and Rental
Company would not have rented the vehicle or approved the individual as an authorized driver
if Rental Company had received true or accurate information; (iii) by anyone who is under
the influence of alcohol, drugs or any other substance likely to impair the driver’s
judgment or driving ability; (iv) to carry persons or goods for hire, including on any
ridesharing or gig economy platforms, or for other commercial use; (v) to tow or push
anything unless such features are provided for on your vehicle; (vi) in a speed test or
contest or in a driver training activity; (vii) on unpaved roads; (viii) in connection with
conduct that could properly be charged as a felony; (ix) in Mexico; or (x) in an
intentional, willful or reckless manner, such as:
- when the vehicle is loaded beyond its rated capacity, or contains dangerous or illegal materials or substances;
- with more passengers than available seat belts or with any vehicle occupant not using their seat belt;
- transporting children without using properly installed child safety seats/restraints, whether such seat or restraint is provided by Rental Company or yourself;
- operating or driving while texting, emailing or using a cellular phone or other mobile communication device; or
- when a vehicle warning light is on or there is a mechanical situation which is likely to cause damage to the vehicle.
- You or any other authorized driver: (i) fails to immediately report any damage to or theft of the vehicle when it occurs or when it becomes known, to Rental Company and to the local police authorities; (ii) fails to promptly provide Rental Company or the local police authorities with a comprehensive written accident/incident report at the scene of the accident or fails to fully cooperate with Rental Company’s or the police authority’s investigation efforts; (iii) fails to fully and promptly cooperate with Rental Company in any claim process or legal proceeding resulting from an accident or claim involving the vehicle; (iv) fails to remove the keys (excluding valet parking situations) or to close and lock all doors, or fails to close all windows and the trunk when the vehicle is left unattended and the vehicle is then stolen or vandalized; (v) allows smoking or vaping (vi) drives the vehicle while too sleepy or drowsy to safely operate the vehicle; or (vii) fails to return the vehicle on the date and at the time indicated in the rental document, immediately on demand from Rental Company, or if you’ve extended your reservation then as stated in your reservation extension confirmation.
Return of the Vehicle.
You agree to return the vehicle to us in the same condition you received it, on the date, at the time, and to the location specified in the rental document. You must return the vehicle immediately on demand from Rental Company.
- Consequences for Late Return. Failure to return the vehicle at the time provided for in the Rental Agreement or as demanded by Rental Company will result in you being in violation of the Rental Agreement and in unlawful possession of the vehicle, and if permitted by applicable law, Rental Company may then seek to have a warrant issued for your arrest and the arrest of any person in possession of the vehicle. State laws generally make unauthorized possession of a vehicle a crime punishable by fines, imprisonment or both. Refer to Sections 20 and 25 for more information relating to consequences of late returns.
- Fees for Late or Early Return. If you return the vehicle earlier or later, a higher rate may apply and, if you return the vehicle later, you may also be charged a late return fee. You may be allowed to return the vehicle at a time when the Rental Company location is closed. If you do, your responsibility for loss of or damage to the vehicle will continue and all charges stated in the Rental Agreement as a periodic rate will continue to accrue until the Rental Company location reopens and Rental Company checks the condition and retakes possession of the vehicle. If Rental Company does not find the vehicle when that Rental Company location reopens, your responsibility for all charges and for the loss of or damage to the vehicle will continue until the vehicle is actually returned to or recovered by Rental Company.
- Extension of Rental Period. If you wish to extend any rental you must contact Rental Company or change your reservation online before your scheduled return date as specified in the Rental Agreement and request an extended return date, which Rental Company may or may not grant at Rental Company’s sole discretion. If Rental Company does grant an extension, a different or higher rate and a service/administrative fee may apply to the extension period and will be communicated to you at the time of the change.
- Place for Return of the Vehicle. The vehicle must be returned to the Rental Company location specified in the Rental Agreement. If the return location indicated is other than the rental location, you may have to pay a one way service fee. If you return the vehicle to a location different from the agreed return location, without Rental Company’s prior permission, you agree to pay any applicable unauthorized return location fees specified by Rental Company.
- Condition of the Vehicle upon its Rental from and Return to Rental Company. You are required to inspect the interior and exterior of the vehicle prior to leaving the Rental Company location to determine if the vehicle has any damage and to report any such vehicle damage to Rental Company prior to leaving the Rental Company location and then to return the vehicle to Rental Company in the same condition as when you received it, normal wear and tear excepted.
Repossessing the Vehicle.
To the extent permitted by law, Rental Company shall have the right to repossess the vehicle at any time, without prior notice to you, if it is found illegally parked, being used in violation of the law or the terms of the Rental Agreement or appears to be abandoned. If the vehicle is repossessed, you agree to pay all costs incurred by Rental Company in the repossession process.
Collision Damage Waiver.
Collision Damage Waiver (“CDW”) or (“Cover the Car”) is not insurance and is not mandatory. If we offer, and you accept CDW, you will be responsible to pay the daily CDW rate for each full or partial day that the vehicle is rented to you or otherwise in your possession. If you accept and pay for CDW and are not in violation of the Rental Agreement, Rental Company will waive all loss of or damage to the vehicle, except for loss or damage caused by any prohibited use specified in Section 4 (Prohibited Use of the Vehicle) of this Rental Agreement, where permitted by applicable state law. See state-specific provisions in Section 25 (State and Local Provisions) of this Rental Agreement for additional information and limitations that apply to our CDW in certain states.
Loss of or Damage to the Vehicle.
If you do not accept CDW, or if you accept CDW but the vehicle is lost or damaged as a result of a prohibited use specified in Section 4 (Prohibited Use of the Vehicle) (or as a result of the uses noted in the State and Local Provisions for your location in Section 25 of this Rental Agreement), you will be responsible to pay Rental Company for all loss of or damage to the vehicle regardless of cause, plus, where and to the extent permitted by applicable state law, Rental Company’s Incidental Costs, as noted below.
- Damages to Vehicle. If the vehicle is damaged, you will pay Rental Company’s estimated repair costs, or if Rental Company decides to sell the vehicle in its damaged condition, you will pay Rental Company the difference between the vehicle’s fair market value before it was damaged and the actual sale proceeds received by Rental Company. You may, where and to the extent permitted by applicable state law, also be liable to Rental Company for: (1) loss of use of the vehicle (which is the actual or estimated number of days it takes to repair the vehicle and return it to rental condition times the applicable daily rental rate less any saved expenses), which is payable regardless of fleet utilization; (2) diminished vehicle value (which is the difference between the fair market value of the vehicle before it was damaged and after it is repaired); (3) towing, storage, and impound charges, and any other related costs and expenses incurred by Rental Company (Subsections 8.a.1 through 8.a.3 are collectively referred to as “Incidental Costs”); plus an administrative fee of up to $150.
- Vehicle Theft. If the vehicle is stolen and not recovered within 30 days you will pay Rental Company the vehicle’s fair market value before it was stolen plus an administrative fee of up to $150, depending on the estimated total value of our claim.
- Insurance Procedures. If your responsibility to Rental Company is covered by insurance, you will provide Rental Company with the name of the insurer, your policy number and contact information for the insurer and you authorize Rental Company to submit a claim for any of Rental Company’s losses or damages, including Incidental Costs and any administrative fees to your insurance company upon completion of your rental. If such information is provided, we will reach out to your insurer directly for any insurance matters related to your rental. However, you remain liable to Rental Company for any losses sustained by Rental Company in excess of what your insurance covers. Additionally, you agree to pay Rental Company for any deductible or other amounts due to Rental Company that are not covered by your insurance or paid to Rental Company by your insurance company.
- Credit Card Company Procedures. If you purchase your rental using a credit card, do not accept CDW, and contend that the issuer of the credit card you use to pay for the vehicle rental transaction (“Credit Card Issuer”) covers your financial responsibility for damage to the vehicle, you will provide Rental Company with the name of the Credit Card Issuer and the pertinent contact information for the Credit Card Issuer for handling such occurrences. You authorize Rental Company to contact the Credit Card Issuer to resolve disputes relating to damage to the vehicle. You agree to cooperate with both Rental Company and the Credit Card Issuer throughout this process. However, you remain liable to Rental Company for any losses sustained by Rental Company in excess of what your Credit Card Issuer covers.
You are responsible for all damage or loss you cause to yourself, the vehicle, and others. You agree to provide auto liability, collision and comprehensive insurance covering you, us, and the vehicle. Where state law requires us to provide auto liability insurance, except where required by law to be primary, any insurance protection provided by Rental Company shall be secondary to, and not in excess of, any applicable insurance or other coverage available to you, or any other authorized driver, from any other source, whether primary, excess, secondary or contingent. Insurance protection may arise where an authorized driver of the vehicle causes “bodily injury” or “property damage” (as those terms are defined in Rental Company’s pertinent insurance policies) to others. The Rental Company provided insurance protections will meet the minimum financial responsibility limits required by the law of the applicable jurisdiction. Under no circumstances will an authorized driver be given insurance protection for their own “bodily injury” or “property damage.” If insurance protection is extended by operation of law to a person or instance unintended by the terms of the Rental Agreement, then such insurance protection shall meet the minimum financial responsibility limits required by the law of the applicable jurisdiction. If Rental Company provided insurance provides liability protection due to an accident, you are obligated to indemnify the insurer for any and all payments made. Supplemental liability insurance coverage may be purchased for an additional cost and is described in more detail in Section 10 (Supplemental Liability Insurance) of these Terms and Conditions.
Supplemental Liability Insurance (“SLI” or “Cover 3rd party”).
Supplemental Liability Insurance (SLI) & Exclusions. Additional automobile liability insurance protection may be available to you if you purchase SLI as part of the rental transaction. SLI is an insurance coverage administered and provided by an independent insurance company and the terms, conditions, cost, amount of coverage, restrictions and exclusions of SLI are available in the SLI brochure available on request from Rental Company. Rental Company has no authority or power to control the terms of SLI coverage or to administer any claims under SLI and shall not be responsible or liable in any respect concerning SLI coverage.
Personal Articles Coverage (“PAC”).
Additional insurance for the protection of your personal articles may be available to you if you purchase PAC as part of the rental transaction. PAC is an insurance coverage administered and provided by an independent insurance company and the terms, conditions, cost, amount of coverage, restrictions and exclusions of PAC are available in the PAC brochure available on request from Rental Company. Rental Company has no authority or power to control the terms of PAC coverage or to administer any claims under PAC and shall not be responsible or liable in any respect concerning PAC coverage.
Personal Injury Coverage (“PIC”).
Additional Personal Injury Coverage may be available to you if you purchase PIC as part of the rental transaction. PIC is an insurance coverage administered and provided by an independent insurance company and the terms, conditions, cost, amount of coverage, restrictions and exclusions of PIC are available in the PIC brochure available on request from Rental Company. Rental Company has no authority or power to control the terms of PIC coverage or to administer any claims under PIC and shall not be responsible or liable in any respect concerning PIC coverage.
Waiver of Liability Insurance/Protection.
To the fullest extent permitted by law, Rental Company will not provide, and you and Rental Company waive and reject coverage for: (a) your death, bodily injury or damage to your property or other property within the vehicle; (b) the death, bodily injury or property damage of any member of your family, the vehicle’s driver’s family or a fellow employee of you or the driver; or (c) supplementary no fault, noncompulsory uninsured or underinsured motorist coverage or any other optional coverage. Where any of these coverages are required by law, the limits will be the minimum financial limits required by the law of the applicable jurisdiction.
Voiding of Rental, Optional Services and Insurance Coverages.
TO THE EXTENT PERMITTED BY APPLICABLE STATE LAW, ANY VIOLATION OF THE PROVISIONS OF THE RENTAL AGREEMENT, SUCH AS USE OF THE VEHICLE BY AN UNAUTHORIZED DRIVER OR OTHER VIOLATION OF THE PROHIBITED USES, WILL AUTOMATICALLY TERMINATE YOUR RENTAL AND THE RENTAL AGREEMENT AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES OR INSURANCE COVERAGES THAT YOU HAVE ACCEPTED, INCLUDING SUPPLEMENTAL LIABILITY INSURANCE, PERSONAL ARTICLES INSURANCE, PERSONAL INJURY INSURANCE AND COLLISION DAMAGE WAIVER.
Lost or Damaged Property.
Rental Company is not responsible for loss of or damage to any personal property in or on the vehicle, in any service vehicle, Rental Company’s premises, whether or not received or handled by Rental Company. The vehicle may be equipped with an infotainment system that permits you to pair your own mobile devices, and which may download your personal contacts, communications, location or other digital data. If you choose to use an infotainment system, you should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle’s memory. We are not responsible for assuring the privacy of any such information, and cannot guarantee that other persons you do not authorize will gain access to this information after you return the vehicle.
e-Toll and Traffic/Parking Violations.
You are liable for paying all tolls (“Tolls”) and parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the vehicle during your rental. To avoid toll violations and associated fines, fees, and taxes (and our processing fees), you must pay all tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid tolls; or consult local authorities for other payment methods. If you do not pay cash, use a personal transponder, or the roadway does not accept cash payment then you automatically opt into our toll service pursuant to which you agree to pay us or our toll program administrator. There may be a delay after your rental until the charges under this section are billed to your credit card/debit card on file. If we are notified by charging authorities that we may be responsible for payment of a Violation, you agree that we or a processing firm of our choice (“Processor”) may, in our sole discretion and without prior notification to you, pay the Toll or Violation plus applicable taxes on your behalf directly to the charging authority, and you may not be able to challenge the validity of the Toll or Violation before the charging authority. If we or the Processor elect to pay a Toll or Violation directly, we will charge you the face value of the Toll or Violation and taxes plus an administrative fee for each notification. We or the Processor may, in our sole discretion, transfer liability for any Toll or Violation assessed against the vehicle during the rental period to you personally. If liability is transferred to you, we or the Processor will charge you an administrative fee of up to $50 per Toll or Violation. You authorize us to release your rental and billing information, including payment card information, to the Processor and charging authorities for processing/billing purposes. If we or a Processor pay a Toll or Violation, you authorize us and the Processor to charge the payments plus administrative fees to the payment card you used to pay for this rental. Note: Certain toll roads do not accept cash.
Indemnification and Waiver.
You shall defend, indemnify, and hold Rental Company, our parent and affiliated companies harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by us in any manner (including claims of, or liabilities to, third parties) relating to or arising from (i) this rental transaction; (ii) the use of the vehicle by you or any person; or (iii) your breach of this Rental Agreement, including but not limited to your breach of representations and warranties contained herein. You may present a claim to your insurance carrier for such events or losses; but in any event, you shall have final responsibility to us for all such losses. To the extent permitted by law, you waive any claim against us for incidental, special or consequential damages in connection with the rental.
- Pre-Dispute Resolution Procedure. Before asserting a claim in any proceeding (including, but not limited to, in an individual arbitration or in a small claims proceeding), you and Rental Company agree that we shall give the other party written notice of the claim to be asserted thirty (30) days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you are intending to assert a claim against Rental Company, you must send written notice of the claim to Attention: firstname.lastname@example.org with a subject line of: Lyft Rentals / [Renter Name] / [Date of Submission] / [City]. If Rental Company is intending to assert a claim against you, we will send the written notice of the claim to you at your billing address or email address appearing in our records. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE- DISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF).
- Dispute Resolution. Except as otherwise provided below, in the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, you and Rental Company mutually agree to waive our respective rights to resolution of disputes in a court of law by a judge or jury and agree that all disputes between you and Rental Company arising out of, relating to or in connection with your rental of a vehicle from Rental Company and the Rental Agreement shall be exclusively settled through binding arbitration through the American Arbitration Association (“AAA”) pursuant to the AAA’s then-current rules for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND RENTAL COMPANY AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION (collectively, “Class Action Waiver”). Notwithstanding any provision in these terms to the contrary, in any case in which the dispute is filed as a class, collective, or representative action, and there is a final judicial determination that the Class Action Waiver is unenforceable as to any claims, then those claims shall be severed from any remaining claims and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other claims to the fullest extent possible. If you are an individual (instead of, for instance, a partnership, corporation, or other form of entity or non-natural person), in the event that (1) your claim is less than $10,000, and (2) you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Rental Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in these Rental Terms and Conditions to the contrary, we agree that if Rental Company seeks to delete or materially modify the agreement to arbitrate from this dispute resolution provision, any such deletion or material modification will not apply to any individual claim(s) that you had already provided notice of to Rental Company. Information on AAA, its rules and procedures, and how to file an arbitration claim can be found by contacting AAA at 800-778-7879 or on its website at https://www.adr.org. Disputes and claims that are within the scope of a small claims court’s authority, as well as disputes and claims regarding personal injury and/or damage to or loss of a vehicle related to your Rental Company rental, are exempt from the foregoing dispute resolution provision.
If you are in need of roadside assistance or you have other customer service inquiries, please call (833) 767-LYFT. If you have an emergency, please dial “911”
Global Positioning Satellite System, Telematics System, Event Data Recorder.
The vehicle may be equipped with global positioning satellite (GPS) technology or another telematics system, and/or an event data recorder (EDR). You acknowledge and authorize that your use of this vehicle may be remotely monitored by us or on behalf of us through such systems to the extent permitted by law. This remote monitoring may include collection of vehicle data, such as: location (used for purposes such as tracking or locating vehicles that are overdue or have been reported lost or stolen, or as may be required by law enforcement agencies), odometer, oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements we may deem necessary. To the extent permitted by law, we may disable the vehicle when we deem necessary, including if you breach this Rental Agreement. These systems may use cellular communications, and you should have no expectation of privacy related to your use of this vehicle. You agree to inform all drivers and passengers of the vehicle of the terms of this section, and that you have authorized release of information collected by GPS or other telematics system or EDR. We are not responsible for the operability of any telematics navigational or other system included with the vehicle. Any information provided through GPS, another telematics system, or EDR is on an “as-is” basis, and we will not be liable to you or any user in connection with the use of that information. To the extent permitted by law, you agree to indemnify, defend and hold us harmless from any damage to persons or property caused by failure of the GPS or other telematics system or EDR to operate properly, or otherwise arising from the use of the GPS or other telematics system or EDR.
If you are renting in California, if the vehicle has not been returned following 72 hours after the contracted return date or by 72 hours following the end of an extension of that return date, Rental Company may activate electronic surveillance technology.
By entering into this Rental Agreement, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and/or our affiliated companies may include but are not limited to: operational communications concerning your account or participation in the Program, use of the vehicle or the App, updates concerning new and existing features of the Program or the App, communications concerning promotions run by us or our third-party partners, and news concerning us and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO 46080 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF PARTICIPATING IN THE PROGRAM. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM LYFT (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO 46080 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE LYFT PLATFORM OR RELATED SERVICES.
Child Safety Seats.
You may opt to rent a child safety seat from Rental Company, or use your own child safety seat, during your rental. If you rent a child safety seat from Rental Company, you have the sole responsibility to inspect and properly install the seat yourself. If you rent a Child Seat from us, you may request the manufacturer’s installation guide and instructions on how to properly install and use the manufacturer’s child safety seat, which you should review carefully before leaving the rental location. Failure to properly follow such instructions may result in injury or death to your child should an accident occur. Notwithstanding Rental Company’s provision of instructions, you are solely responsible for the proper installation and use of any child safety seat, whether provided by Rental Company or yourself.
If you have booked your rental reservation using a Lyft Business Profile, you may be eligible for certain additional benefits (described below) during the course of your rental depending on (1) the nature of your employer’s affiliation with Lyft, Inc. (“Lyft”) and (2) the purpose of your rental reservation.
Nature of employer’s affiliation with Lyft: If you are a Lyft Business Profile User employed by an organization that has entered into a contractual relationship with Lyft in order to access the Lyft Business Services, you are eligible to receive additional benefits for your rental. If you are unsure whether your employer has entered into a contractual relationship with Lyft for such a purpose, contact your business administrator for more information.
Purpose of your rental reservation: Lyft Business Profile Users shall have the ability to select “Business Trip” during the reservation booking process via the Lyft App. Lyft Business Profile Users may only select “Business Trip” if the sole reason for booking the rental reservation is limited to business activities or obligations arising from users’ employment with the employer affiliated with their Lyft Business Profile Account. For clarity, a “Business Trip” rental does not include leisure or personal trips unrelated to the Business Profile User’s employer.
Additional benefits for qualifying Lyft Business Profile Users:
Lyft Business Profile Users employed by an organization that has entered into a contractual relationship with Lyft in order to access the Lyft Business Services are eligible for the following benefits.
a. Collision Damage Waiver
Lyft Business Profile Users described under this section shall be offered a Collision Damage Waiver (“CDW” or “Cover the Car”) described above in Section 7, subject to the terms of this Rental Agreement, including but not limited to, Sections 4, 7, and 25.
b. “Business Insurance”
Lyft Business Profile Users described under this section shall be offered “Business Insurance'' solely when booking a “Business Trip” rental. Users booking personal or leisure trips are not eligible for “Business Insurance.” “Business Insurance'' shall include primary liability coverage up to $100,000 for bodily injury per person, $300,000 maximum for bodily injury of all persons injured in an accident and $25,000 property damage, per occurrence and subject to the terms of the carrier’s policy and this Rental Agreement.
If you select “Business Trip” rental but Rental Company or its insurance carrier determines, in its sole discretion, it not to be a “Business Trip” rental, you are in violation of this Rental Agreement and the “Business Insurance” described in this section will no longer be in effect. You agree that you are responsible for all damage or loss you cause to yourself, the vehicle, and others. You agree to provide auto liability, collision and comprehensive insurance covering you, us, and the vehicle.
- Failure by Rental Company to complain of any action or non-action on your part, no matter how long that situation may continue, shall not be deemed to be a waiver by Rental Company of any of its rights as provided in the Rental Agreement. No waiver at any time of any of the provisions in the Rental Agreement by Rental Company shall be construed as a waiver of any other provision in the Rental Agreement and a waiver at any time of any of the provisions in the Rental Agreement shall not be construed as a waiver at any subsequent time of the same provisions.
- If any term or provision of the Rental Agreement, or its application to any person or circumstance shall, to any extent, be invalid, unenforceable or otherwise contrary to applicable law, the remainder of the Rental Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid, unenforceable or contrary to applicable law, shall not be affected, and each other term and provision of the Rental Agreement shall be valid and enforceable to the fullest extent permitted by law.
- To the extent permitted by applicable state law, the Rental Agreement shall be governed by and construed under the laws of the State of California.
- In the event of any legal or administrative proceedings between you and Rental Company arising out of or relating to the terms of the Rental Agreement, the prevailing party in such proceeding shall be entitled to receive reimbursement for its costs, expenses and reasonable attorneys' fees from the non-prevailing party. The prevailing party shall mean the party receiving substantially the relief desired, whether by settlement, dismissal, summary judgment, judgment or otherwise.
State and Local Provisions.
Except as otherwise provided above, the following provisions apply to rentals occurring in the applicable State or local market:
You are responsible for all damage to and loss of the vehicle caused by collision whether or not you are at fault. Your responsibilities will include: (a) all physical and mechanical damage to the vehicle measured as follows: (i) if we determine that the vehicle is a total loss, the fair market value of the vehicle calculated in accordance with California law; (ii) if we determine that the vehicle is repairable: the reasonable estimated retail value or actual cost of repair up to the fair market value; (b) an administrative fee in accordance with California law; and (c) our actual charges for towing, storage, and impound fees. You are also responsible for missing equipment, vehicle documents, and keys. You are responsible for loss due to theft of the vehicle, and all damage due to vandalism that occurs in connection with a theft, if you fail to exercise ordinary care while in possession of the vehicle. You are responsible for damage due to vandalism not associated with theft of the vehicle up to a maximum of $500. Permitting a person who is not an authorized driver to use the vehicle is not an exercise of ordinary care, but a willful and reckless act, and is a breach of this Rental Agreement.
NOTICE ABOUT YOUR FINANCIAL RESPONSIBILITY AND OPTIONAL DAMAGE WAIVER
You are responsible for all collision damage to the rented vehicle even if someone else caused it or the cause is unknown. You are responsible for the cost of repair up to the value of the vehicle, and towing, storage, and impound fees.
Your own insurance, or the issuer of the credit card you use to pay for the vehicle rental transaction, may cover all or part of your financial responsibility for the rented vehicle. You should check with your insurance company, or credit card issuer, to find out about your coverage and the amount of the deductible, if any, for which you may be liable.
Further, if you use a credit card that provides coverage for your potential liability, you should check with the issuer to determine if you must first exhaust the coverage limits of your own insurance before the credit card coverage applies.
The rental company will not hold you responsible if you buy a damage waiver. But a damage waiver will not protect you if:
- Damage or loss results from an authorized driver's (A) intentional, willful, wanton, or reckless conduct, (B) operation of the vehicle under the influence of drugs or alcohol in violation of Section 23152 of the Vehicle Code, (C) towing or pushing anything, except as may be provided for in your rental agreement, or (D) operation of the vehicle on an unpaved road if the damage or loss is a direct result of the road or driving conditions.
- Damage or loss occurs while the vehicle is (A) used for commercial hire, (B) used in connection with conduct that could be properly charged as a felony, (C) involved in a speed test or contest or in driver training activity, (D) operated by a person other than an authorized driver, or (E) operated outside the United States.
- An authorized driver who has (A) provided fraudulent information to the rental company, or (B) provided false information and the rental company would not have rented the vehicle if it had instead received true information.
The cost of an optional damage waiver is up to $14 (Compact), up to $16 (Standard), and up to $25 (SUV) for each day of the rental.
CHILD RESTRAINT SYSTEM
California law requires all children under 8 years of age who weigh less than 80 pounds to be transported in the back seat of the vehicle in a child restraint system. Rental Company is required to provide for rental a child restraint system if you do not have a child restraint system yourself.
WARNING: Pursuant to California Vehicle Code Section 10855, failure to return the vehicle within 72 hours of the expiration of the rental agreement may result in Rental Company reporting the vehicle as stolen. You must provide Rental Company with a method to contact you if the vehicle is not returned within 72 hours.
If we provide you the option to purchase additional insurance products, the purchase of optional insurance products is not required to rent the Vehicle. Optional insurance products that we sell may provide coverage that duplicates coverage provided by your personal automobile liability policy or by another source of coverage. We are not qualified to evaluate the extent of your existing auto liability coverage. Optional insurance products are provided under individual policies issued to you, or issued to you under a group or master policy issued to us by an insurer authorized to transact the applicable insurance business in the State of California. “Rental Company’s” California Department of Insurance license number is 0N14020. THE CALIFORNIA DEPARTMENT OF INSURANCE MAINTAINS A TOLL-FREE CONSUMER HOTLINE. 800-927-4357(HELP).
WARNING: Operating, servicing and maintaining a passenger vehicle or off-road vehicle can expose you to chemicals including engine exhaust, carbon monoxide, phthalates, and lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. To minimize exposure, avoid breathing exhaust, do not idle the engine except as necessary, service your vehicle in a well-ventilated area and wear gloves or wash your hands frequently when servicing your vehicle. For more information go to https://www.P65Warnings.ca.gov/passenger-vehicle.
Prevent theft: Remove valuables from the rental vehicle and lock the doors.