Last revised: November 3, 2015
Thank you for your interest in Turo!
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AN AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS (UNLESS YOU OPT OUT) AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
RelayRides, Inc., dba Turo (hereinafter, “Turo”, “we”, or “us”), provides an online platform that connects vehicle owners with drivers seeking to rent those vehicles. Turo is accessible online including at turo.com and as an application for mobile devices (Turo’s websites and mobile applications are hereinafter collectively referred to as “the Services”). By accessing or using the Services, including by communicating with us or other Turo users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to, and use of, the Services and constitute a binding legal agreement between you and Turo.
If you have any questions for us concerning this Agreement or Turo generally, please contact us at support.turo.com.
Eligibility. Our Services are intended solely for persons who are 21 or older. Any use of the Services by anyone under 21 is expressly prohibited.
Registration. In order to access certain features of the Services you must sign up for an account with us (hereinafter a “Turo Account”) by either providing us your email address and creating a password or through a third-party social networking site account (“SNS”) (including, Facebook and Google).
Verification. When you sign up to either list or rent a car, you will provide us with certain information about yourself to enable us to verify your identity in order to become an “Approved Driver.” You promise to provide complete and accurate information to Turo about yourself and your vehicle(s), if any. You hereby authorize Turo to perform a check of your motor vehicle/driving records, your vehicle(s), and to undertake other screening processes. Although Turo may undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of users and vehicles, we do not endorse any vehicle, user, or his or her background. Turo may in its sole discretion 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 Turo to request, receive, use, and store such information. Turo may accept or reject your application to become an Approved Driver in its sole discretion.
Consumer Report Authorization. When you apply to become an Approved Driver, you are providing Turo with written instructions and authorization in accordance with the Fair Credit Reporting Act or similar laws to obtain your personal and/or business credit report and/or conduct a background check, including a criminal background check. You are also authorizing Turo to obtain your personal and/or business credit report or conduct a background check at any time Turo reasonably believes there may be an increased level of risk associated with your Turo Account.
Ongoing Information Updates. You promise to update the information you have provided to Turo in the event of any changes to your driving record, contact information, or background (such as a criminal convictions). Specifically with respect to your contact information, Turo may deliver notices to you at the most recent email, telephone, or billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Turo Account, whether or not you have authorized such activities or actions. You will immediately notify Turo of any actual or suspected unauthorized use of your Turo Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us.
Your Commitments. You agree that you will always use Turo in compliance with the Terms of this Agreement and any other policies and standards provided to you by Turo. As an owner or host (hereinafter “owner”), you commit that you will provide a safe and legally registered and insured vehicle, in good mechanical condition, on time to the renter, traveler or guest who is an Approved Driver (hereinafter “traveler”). As a traveler, you commit that you’ll be a legally licensed driver, who will treat the car well and will take all reasonable measures to return the car on time in essentially the same condition that you received it. In connection with your use of or access to the Services you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violate any law, including:
Submit any false information, including:
Fail to honor your commitments, including:
Harm or threaten to harm users of our community, including:
Use Turo for your own unrelated purposes, including:
Interfere with the operation of the Services, including:
Violations. Turo has the right, but not the obligation, to investigate, pursue, and prosecute violations of this Agreement to the fullest extent permissible by the law. Turo may access, preserve, and disclose any of your information if we are permitted or required to do so by law, or if we believe in good faith that it is reasonably necessary to respond to claims asserted against Turo or to comply with legal process (for example, subpoenas or warrants); to enforce or administer this Agreement; to do so for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes; and/or to protect the rights, property, or safety of Turo, its users, or members of the public.
Turo reserves the right, at any time and without prior notice, to remove or disable access to any content that Turo, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Services. If we believe you are abusing Turo, our users, or employees in any way or violating the letter or spirit of any of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, remove hosted content, deny a claim for coverage, remove and demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
Policy Enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Fees. The fees we charge for using our Services and other cost structures can be found on our Policy Pages.
Collection of Fees. You must have a valid payment method on file and pay all fees associated with our Services by the payment due date. If your primary payment method fails or your account is past due, you authorize us to charge all additional payment methods we have on file, and to employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. In addition, you may be subject to late fees. Turo, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third parties charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by electronic mail or by phone, as provided to Turo by you. Such communication may be made by Turo or by anyone on its behalf, including but not limited to a third party collection agent. If you wish to dispute the information Turo reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact us at Turo, c/o Collections Dept, 667 Mission Street, 4th Floor, San Francisco, CA 94105. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Turo Account, you must contact the collection agency directly.
Communications with You. In order to contact you more efficiently, we may at times contact you using autodialed or prerecorded message calls or text messages at your telephone number(s). We may place such calls or texts primarily to confirm your signup; provide notices regarding your Account or Account activity; investigate or prevent fraud; collect a debt owed to us; or communicate urgent messages. You agree that we, or our service providers, may contact you using autodialed or prerecorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Turo is required to obtain your consent for such communications, you may choose to revoke your consent.
You understand and agree that Turo may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Turo or its agents for quality control and training purposes. You acknowledge and understand that your communications with Turo may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through support.turo.com.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND TURO HAVE AGAINST EACH OTHER ARE RESOLVED.
Subject to applicable law, you and Turo agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms of Service, your use of or access to the Service or any breach, enforcement, or termination of this Agreement will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern the Terms of Service and any claim or dispute that has arisen or may arise between you and Turo, except as otherwise stated in the Terms of Service.
Agreement to Arbitrate. You and Turo each agree that any and all disputes or claims that have arisen or may arise between you and Turo relating in any way to or arising out of this or previous versions of the Terms of Service, your use of, or access to the Service, or any services sold, offered, or purchased through Turo’s Services (such as listing or renting a vehicle) or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in San Francisco, California, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND TURO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TURO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of heading “Prohibition of Class and Representative Actions and Non-Individualized Relief”, shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send to the other, by certified mail or email, a completed form Notice of Dispute (“Notice”). The Notice to Turo should be sent via email to firstname.lastname@example.org or by mail to Turo, 667 Mission Street, 4th Floor, San Francisco, CA 94105. Please provide your name, telephone number, email, mailing address, and briefly describe the nature of your dispute and briefly describe the relief you would like from Turo.
If you and Turo are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Turo may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org (The AAA provides a Demand for Arbitration form and a separate form for California residents.) In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must send a copy of the completed form to the opposing party. Any settlement offer made by you or Turo shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $35,000 or less, you or Turo may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Turo subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Turo may attend by telephone, unless the arbitrator requires otherwise.
For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Turo user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $5,000 or less, at your request, Turo will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, Turo is relieved of its obligation to reimburse you for any fees associated with the arbitration.
Severability. With the exception of any of the provisions in Section “Prohibition of Class and Representative Actions and Non-Individualized Relief,” if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section “Prohibition of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, the Terms of Service, and its Legal Disputes Section will continue to apply.
Opt-Out Procedure. IF YOU ARE A NEW TURO USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@TURO.COM EMAIL ADDRESS ("OPT-OUT NOTICE") OR VIA US MAIL TO TURO, 667 MISSION STREET, 4th FLOOR, SAN FRANCISCO, CA 94105. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF SERVICE FOR THE FIRST TIME. IF YOU ARE NOT A NEW TURO USER, YOU HAVE UNTIL 30 DAYS AFTER THE POSTING OF THE NEW TERMS OF SERVICE (NOVEMBER 3, 2015) TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Turo Account(s) to which the opt-out applies and a unaltered digital image of a valid driver’s license which matches the name on your account to email@example.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Turo prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Turo. If you do not agree to these amended terms, you may close your account within the 30 days of posting or notification and you will not be bound by the amended terms.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and Turo must be resolved exclusively by a state, federal, or small claims court located in San Francisco, California. You and Turo agree to submit to the personal jurisdiction of the courts located within San Francisco, California for the purpose of litigating all such claims or disputes.
Turo Photography. Turo may offer owners the option of having photographers take photographs of their vehicles and/or owners with their vehicles. You alone are responsible for using the Images in connection with your Turo Listing and you warrant that you will cease using the Images if they no longer accurately represent your vehicle. You agree that Turo is the sole and exclusive owner of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity rights, worldwide, in the photographs regardless of whether you include them in your Listing and you shall take no action to challenge or object to the validity of such rights or Turo’s ownership or registration thereof. You hereby acknowledge that Turo may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation. Further, you hereby waive any and all moral rights you may have in the Images. If you use the Turo Photography Program, you agree that you will not use the Images in connection with renting your vehicle out on any platform, website, or application other than Turo.
You understand that if the term “Verified Images” is used by Turo, the term is intended only to indicate a photographic representation of the vehicle at the time the photograph was taken. Verified Images are therefore not an endorsement by Turo of any user or any vehicle. Likewise, Turo may, but does not commit to, undertake efforts to ensure the safety of vehicles rented through the Services. We do not make any representations about, confirm, or endorse the safety or roadworthiness of any vehicles beyond our policies that require vehicle owners to ensure their vehicles are in safe and operable condition and legally registered to be driven on public roads and otherwise satisfy our eligibility requirements.
Turo Content and User Content License. Subject to your compliance with the provisions of these Terms, Turo grants you a limited, non-exclusive, non-transferable license, to access and view any Turo content solely for your personal and non-commercial purposes and access and view any user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Turo or its licensors, except for the licenses and rights expressly granted in these Terms.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices here.
Vehicle and Personal Protection. In addition to the terms set forth in Sections “Your Financial Responsibility Is Primary” and “Other Insurance and Legal Matters” below, during the applicable rental period, Turo, or third parties acting for the mutual benefit of Turo and our users, will provide certain comprehensive and collision protection for the car, as well as liability insurance for bodily injury and property damage. You understand and agree that, for “Uninsured/Underinsured Motorists & No-Fault” (including Medical Payments/First Party Benefits/Personal Injury Protection, etc.): Turo 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 traveler. Insurance amounts and other specifics may be found in the Policies. If you have questions about your own personal insurance policies, you should contact your insurance professional; if after reviewing these Terms and FAQs, you or your insurance professional still have questions regarding the Turo protections, please contact us at support.turo.com and we will connect you with our broker to explain how these protections operate.
Termination. You may discontinue your use of the Services at any time and Turo may terminate your access to the Services for any reason or no reason. Termination of access to the Services will not release either party from any obligations incurred prior to the termination and Turo may retain and continue to use any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under this Agreement and/or any fees due, and all of those terms will survive any termination of this Agreement.
Disclaimers. TURO PROVIDES SERVICES THAT ENABLE CAR RENTALS BETWEEN CAR OWNERS AND CAR RENTERS. TURO DOES NOT ITSELF PROVIDE CAR RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE CAR MANUFACTURER, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-CAR GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, TURO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Turo makes no warranty that the Services, including, but not limited to, the listing or any vehicle, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Turo makes no warranty regarding the quality of any listings, vehicles, owners, travelers, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Turo or its service providers or through the Services or content, will create any warranty not expressly made herein.
Limitation of Liability and Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST TURO AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “TURO PARTIES”) AND ANY TURO USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE 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 TURO PARTIES, ANY ACTIONS OR INACTION OF THE CAR OWNER. NEITHER TURO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY VEHICLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. Except for our obligations to pay amounts to applicable owners or travelers pursuant to these Terms, including an approved payment request or claim under a protection package or applicable insurance policy, in no event will Turo’s aggregate liability arising out of or in connection with this Agreement or your use of the Services, exceed the greater of the amounts you have paid or owe for bookings via the Services as a traveler in the twelve month period prior to the event giving rise to the liability, or if you are an owner, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or US$100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TURO AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Indemnification. You agree to release, defend, indemnify, and hold Turo and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms; your user content; your interaction with any user, booking of a vehicle, or creation of a listing for a vehicle; or the use, condition, or rental of a vehicle by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a rental, booking, or use of a vehicle.
No Agency. Turo does not appoint you or any other user as its employee, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Turo and Turo will not make commitments on your behalf, except as contemplated by Services or expressly stated in this Agreement.
General. This Agreement states the entire understanding between you and Turo concerning your access to and use of the Turo Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your vehicles on your behalf, 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 the Turo. You will remain responsible for your obligations hereunder 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 a Turo Director or Officer. Turo’s failure to exercise any right under this Agreement will not constitute a waiver of any other right Turo may have. There is personal vehicle sharing legislation that may apply to you; more information is available in our FAQs.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Except as otherwise provided in this Agreement, if any provision of these Terms of Service are held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
Turo is located at 667 Mission St., 4th Floor, San Francisco, CA 94105. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The following Sections apply if you rent a car using the Services:
Fees. You are responsible for paying all fees when they come due. You authorize Turo to charge any payment methods on file in your account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles, and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines) incurred during the rental period. Learn more about the various fees you may incur here and more about the protection packages available to you here.
Your Financial Responsibility Is Primary. With regard to damage, losses, or other liabilities, you acknowledge that you are primarily liable, though you may fund that primary liability via any personal insurance you have available to you (e.g., personal auto insurance, insurance from credit cards, etc.) which can be the primary source of funds for your liabilities hereunder. Any protection package you select when booking your vehicle will not be available to you until your personal insurance has been exhausted. In addition, Turo protection may not be available to you in the event you breach your obligations under this Agreement (e.g. if you violate any of the 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 Turo. You agree that in the event damage is reported, Turo may immediately charge you up to the amount stipulated with the protection package that you selected when you booked the car. Nothing in this Agreement is intended to limit your responsibilities or Turo’s legal rights in connection with your use of the Services. You acknowledge that Turo may require and hold a deposit as part of the reservation of a car.
In addition to the terms in “Vehicle and Personal Protection” Section above:
You understand and agree that Turo, or third parties, acting for the benefit of the owner will provide primary liability insurance for the owner and that you, as the traveler, will not look to the owner or the owner’s insurance policy for coverage, in accordance with our Policies and all available state car sharing statutes. You are fully responsible for paying any damage to the vehicle, subject to the protection package you selected, as well as insurance deductibles, fees, expenses, liens, and fines arising out of your use of a car rented through Turo. If Turo advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to Turo’s schedule for repayment of those amounts to Turo.
Use of the Car. When you rent a car through Turo, you must use the car only for your personal use and not for any commercial purposes (e.g. driving for Uber or Lyft). You may not access a car until the beginning of your rental period and you must return the car on time and in the correct location. You must exercise reasonable care in your use of the car. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Turo has any concern about your use of a vehicle, Turo may terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the owner. You are required to wear seat belts during the operation of the car and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning car seats and other protections for young passengers. The Turo Policies on our Services provide a list of “Prohibited Uses” of any car rented through the Services. The list isn’t meant to be exhaustive. If you have any concerns about your planned use, please contact support.turo.com. You will be fully financially responsible for any claims, loss, or damage related to your misuse of a car, and the protection package may be voided. Travelers also acknowledge that using a vehicle in a prohibited manner or otherwise breaching this Agreement may lower the traveler’s liability coverage to legal minimum limits, or nullify coverage and may furthermore nullify any comprehensive or collision protection where allowed by applicable law.
Condition of the Car. You understand that third parties own the cars offered through the Services. Each owner is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their car(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the car. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation here to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Turo may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the car is not safe to drive, please do not use the car; in that event, please contact the Turo team immediately at 1-866-735-2901.
Incident Reporting. You must immediately report any damage to the car you are using to Turo at support.turo.com, or 1-866-735-2901, 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 Turo with a written description of the incident and any other information Turo 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 Turo, our claims administrators, or insurers. After an incident, you may not continue to use the car unless you have the explicit permission of Turo staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate protection purchased on Turo.
The following additional Sections apply if you rent a car available through the Turo “Park & Earn” Program:
Incident Reporting. You are obligated to report (by email to firstname.lastname@example.org, and also through support.turo.com) any and all damage caused by or to the vehicle the earlier of (i) within 24 hours from occurrence; or (ii) by the time you return the vehicle.
Gas. This Section replaces the Turo gas policy for rentals of cars through the Turo Airport “Park & Earn” Program. If you return a car with less gas than when you picked up the car, Turo reserves the right to charge the gas fees as described in the airport policies section to refuel the car to the level of gas it had upon pickup.
The following Sections also apply if you rent out your car through the Turo Services:
Information Given at Registration. When you sign up for Turo, you will identify passenger car(s) that you want to list for rent through the Services. Each car must meet the requirements found here. You may only use the Services in connection with cars that you own or otherwise have all the necessary rights and permissions to rent out.
Car Availability. Once a trip is booked, you must make the car available or deliver the car as expected by the traveler. If you offer the traveler the option to pick up your vehicle at a persistent specified location, you must supply the location of the car accurately to Turo and ensure that the car is available at that location at the beginning of the rental period. In order to to qualify for insurance and related protections, before you provide a prospective traveler with your car, you must verify that he or she has a current, valid driver’s license which matches the name on the reservation.
Trip Fees. You will have the ability to set and revise the vehicle’s pricing as you choose. Learn more about Dynamic Pricing here. Turo will pay you the amount collected from those who rent your car, less the applicable fees payable to Turo. A current fee schedule can be found here. To the extent you owe Turo money for any reason, Turo also reserves the right to deduct those amounts from your payment.
Taxes. You understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes in connection with your use of our Services. Please familiarize yourself with the applicable tax regulations and consult with your personal tax advisor.
Maintenance. You are required to regularly check your car for any defects in its operations or safety. You promise that, at all times, 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 Turo believes that your car does not conform to reasonable standards, Turo will notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. Turo may, but does not commit to, undertake efforts to ensure the safety of vehicles rented through the Services. Learn more about our vehicle eligibility requirements here.
Incident Reporting. If you believe that a traveler 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 provide reasonable cooperation in our investigation of the damage so that it can be eligible for coverage. Based on our investigation, Turo will reasonably determine whether the damage occurred during the rental period and is eligible for coverage. If it was, Turo will reimburse you for the loss as described in Sections below. If Turo is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in our investigation, we may not be able to determine the cause. In that case, you agree that we may decline any financial responsibility for such damage.
Physical Damage. During each rental period, Turo will bear the risk of theft, destruction, or damage with respect to your car, subject to the Terms of this Agreement and as described here. In the event of a loss that is covered by this Agreement, Turo will, at its option, pay you either the reasonable and actual expenses of repair of the car or the actual cash value (“ACV”) of your car (if, for instance, the expected cost of repairs exceeds 75% of the ACV of the vehicle). Turo will also provide a replacement car while yours is being repaired or reimburse you a reasonable amount to pay for a replacement from the date of loss until the repairs are completed or, in the event of a total loss, until the earlier of the date when Turo makes the first settlement offer or the date when you replace the car. Note, if Turo chooses to pay you the ACV for your car, you will be required to transfer title to the car to Turo or its agent. The standard for the car’s ACV will be as determined by Turo or its third party claims administrators and in compliance with applicable law.
Damage Exclusions. There are some exceptions to Turo’s obligations in the “Physical Damage” Section. Turo is not responsible for any personal property, including any aftermarket installations (e.g. equipment racks) that are taken from your car or damaged during a rental period. We recommend that you remove all personal property before making the car available for a reservation. In addition, you should expect normal wear and tear on your car, including minor scrapes and dings, in connection with your participation in the Services. Turo will not reimburse you for normal wear and tear to your car. Any protection, coverage, and/or insurance provided may be voided if you violate our Terms of Service, our Policies, and/or submit inaccurate information about your vehicle when listing it for rent through Turo (for example, falsely represent the make, model, or year of the vehicle).
Other Insurance and Legal Matters. In addition to the terms provided in the “Vehicle and Personal Protection” Section, you agree to comply with any and all applicable laws and regulations, including registration and minimum insurance requirements for your car. As part of your participation in the Services, you must maintain your own insurance policy and meet any minimum insurance levels required by law. There is personal vehicle sharing legislation that may apply to you; more information is available in our FAQs. You hereby appoint Turo as your attorney-in-fact for the purpose of filing insurance claims, receiving insurance payment, otherwise administering an applicable insurance policy, and/or working with law enforcement, travelers, or private entities to recover unreturned or impounded vehicles. You also promise to maintain registration information and proof of insurance in your car during every rental period. Turo may obtain insurance through a third party provider, or may choose to self-insure (meaning Turo takes on all or part or all of the insurance obligations itself, subject to all applicable laws and regulations). You agree to provide Turo with information regarding your policy’s coverage as may be requested. You must inform Turo promptly in the event information previously provided changes.
Indemnification. In the event of any claim for a loss or injury that occurs during the use of your car by a Turo traveler (or by Turo itself), Turo will defend and indemnify you against such claims as required by applicable law. In connection with any indemnified claim, you are required to give Turo prompt written notice of the claim; allow Turo sole control over the defense of the claim; and provide Turo reasonable cooperation in its defense of the claim, at Turo’s expense. If Turo reimburses you for a lost or damaged vehicle and you later receive payment for some or all of your vehicle from a third party (e.g. a third party insurance company or restitution), you must reimburse Turo any monies received from that third party in an amount equivalent to, but not to exceed, the funds provided to you by Turo.
The following additional Sections apply if you are a vehicle owner who participates in Turo’s Airport Operations’ “Park & Earn” Program:
Parking Reservations. You may make a reservation request online for airport parking in advance or, if space and eligibility permits, immediately upon entrance to the parking lot. If you wish to cancel your reservation, you must notify Turo by email at email@example.com at least 7 days prior to the start of your expected reservation. Turo may charge you a cancellation fee if you provide less than 7 days’ notice prior to cancellation, and a “no show” fee if you provide no notice at all, as described in our Airport Policies. Turo may not be able to accommodate all reservation requests; please note that your parking reservation is not confirmed until you receive a confirmation from Turo.
Car Availability and Condition. This Section replaces the “Car Availability” Section in the “Terms for Owners” above in its entirety. Once you make a parking reservation and drop off your car at the designated parking lot, you are required to make the car available for the entire duration of your reservation (the period of your reservation is the “Parking Period”). IF YOU RETURN BEFORE THE END OF THE PARKING PERIOD, YOUR VEHICLE MAY NOT BE AVAILABLE FOR PICKUP AND TURO HAS NO OBLIGATION TO SUPPLY YOU WITH A TEMPORARY REPLACEMENT VEHICLE. Your car must be registered, insured, in a condition suitable for rental, and empty of personal effects. Your car must be roadworthy, safe, and clean and should have at least a half tank of gas when you drop it off. If your car does not match the description you provided upon making a reservation, or if Turo otherwise believes in its sole discretion that your car is not suitable for use by a traveler, Turo reserves the right to cancel your parking reservation and charge you applicable fees.
Appointment of Turo. You direct and appoint Turo to manage your car during the Parking Period, and specifically acknowledge that Turo will have the right to, and will be responsible for, approving travelers and making your car available to travelers during this period. If your car is damaged or impounded, you appoint Turo to act as your attorney-in-fact, to make decisions and take actions regarding the repair, reclaiming, and disposition of your car. Turo will use reasonable efforts to consult with you in advance of any damage-related decisions or actions.
Compensation/Fees. This Section replaces the “Trip Fees” Section in the “Terms for Owners” above in its entirety. Your compensation for participating in Turo is described in our airport FAQ. From time to time Turo may change the compensation structure for the Airport Parking Program. New rates take precedence over rates in place at the time you made your reservation. You specifically acknowledge that Turo may rent out your car to third parties during the Parking Period and will retain any proceeds from that rental. You give permission to Turo to charge your payment card for any amounts you may owe, including but not limited to, fines/penalties, additional parking or storage charges, and fuel charges as further detailed in the Airport Policies.
Physical Damage. The “Physical Damage” Section in the “Terms for Owners” above shall apply as written, except that Turo shall bear the risk of theft, destruction, or damage with respect to your car during the entire duration of the Parking Period.
Turo Valet. Learn more about the Turo Valet Service and applicable terms, conditions and fees here.