Introduction
WeRent. (“werent”, “we”, or “us”), provides an online car sharing platform that connects vehicle owners with travelers and locals seeking to book those vehicles. The WeRent car sharing platform is accessible online on mobile devices. The WeRent website, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other WeRent users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “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 WeRent.
These Terms, together with the cancellation policy, nondiscrimination policy, applicable insurance terms and certificates, the additional policies, and all the policies referred to and/or linked herein (together, the “Policies”) constitute the “Agreement” between you and WeRent (each a “Party” and together, “the Parties”). In addition, WeRent provides a Car Sharing Agreement that summarizes the terms of each reservation agreed between the host and customer at the time of booking and any modification, accessible in the Services for any booked or previous trips and you may use it as proof of a reservation. WeRent acts as the intermediary for the transactions between the traveler or customer that books a vehicle on the Services (“customer ”) and the vehicle owner or host that lists a vehicle for booking on the Services (“host”).
Modification. WeRent reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your WeRent Account within 30 days. If you choose to close your WeRent Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you..
Eligibility, registration, verification
Eligibility
The Services are intended solely for customer s who meet our eligibility requirements in the location where the vehicle is booked and hosts who are 18 or older to list eligible vehicles. Any use of the Services by anyone that does not meet these eligibility requirements is expressly prohibited.
Registration
To access certain features of the Services, you must sign up for an account with us (a “WeRent Account”). You can create a WeRent Account by providing us your first and last name, email address, mobile phone number, and creating a password. When you book a vehicle as a customer, you provide us with certain additional information about yourself. Similarly, when you list a vehicle as a host, you provide us with certain additional information about yourself and your vehicle(s) (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your WeRent Account up to date at all times. Based on information you provide, WeRent may impose additional requirements for you to book a trip or prior to a trip starting (e.g., providing a deposit, authorizing your payment method, adding a second form of payment, buying a certain level of protection plan, or other requirements).
Verification
Where permitted, WeRent has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity and (2) verify vehicle details. WeRent does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. WeRent 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 WeRent to request, receive, use, and store such information. WeRent may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. WeRent may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles shared via the Services. Rather, hosts have sole responsibility to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our vehicle eligibility requirements.
Consumer report authorization. When you attempt to book or list a vehicle, or at any time after where WeRent reasonably believes there may be an increased level of risk associated with your WeRent Account, you hereby provide WeRent with written instructions and authorize WeRent, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.
Fees and Taxes
Fees
The fees we charge for using the Services and other cost structures will be itemized at checkout for customers. You can verify the amount for your trip at checkout before you submit your trip request. Hosts can view earnings on the Host Hub and learn more about earnings breakdown. When you provide WeRent a payment method, you authorize WeRent, or third-party service providers acting on behalf of WeRent, to store your payment credential for future use in the event you owe WeRent any money. You authorize WeRent to use stored payment credentials for balances, including for Rental Cost and Host Fees (e.g., late fees, security deposits, card authorizations, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances. If we attempt to issue a refund and the original payment method is no longer on file or otherwise inaccessible, we reserve the right to issue travel credit in lieu of refunding to your original payment method. Any use of travel credit is governed by the terms and conditions. WeRent may offer promotional codes from time to time which are subject to the terms of the offer and the conditions outlined here
Collection of fees
WeRent and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. WeRent, or the collection agencies we retain, may also report information about your WeRent Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your WeRent Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges.
Taxes
In certain jurisdictions, WeRent may enable the collection and remittance of certain taxes from or on behalf of customers or hosts (including, if applicable, Co-hosts), based on existing and future tax regulations, including marketplace facilitator or car sharing regulations. The amount of taxes, if any, collected and remitted by WeRent will be visible to, and separately stated, to both customers and hosts on their respective trip related documents and invoices. Where WeRent is facilitating the collection and remittance of taxes, hosts are not permitted to collect the same taxes on the Services in relation to their vehicle sharing in that jurisdiction. Zakat, Tax and Customs Authority (ZATCA) in KSA require WeRent to report unadjusted gross sales of hosts (what we call "gross earnings"), defined as transactions without adjustments for credits, service fees, reimbursements, or any other amounts.
Your commitments
You agree that you will always use your WeRent Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by WeRent.
Account Activity. You are, and will be solely responsible for, all activity that occurs through your WeRent Account. Keep your WeRent Account information, including your password, 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 WeRent Account, whether you have authorized such activities or actions. You will immediately notify WeRent of any actual or suspected unauthorized use of your WeRent Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your WeRent Account unless you have reported unauthorized access to us.
Content
WeRent Content and User Content License. Subject to your compliance with the provisions of these Terms, WeRent grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any WeRent and/or 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 WeRent or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or trip. By making available any content on or through the Services, or through WeRent promotional campaigns, you grant WeRent a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to WeRent photography provided to hosts, WeRent does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate WeRent Accounts of repeat infringers according to the process set out in the Copyright Law in the Kingdom of Saudi Arabia (KSA). If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices here.
Google terms. Some areas of the Services implement Google Maps/Places mapping services, including Google Places API. By using the Services, you are bound by Google's Terms of Service.
Other legal matters
Violations. WeRent has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.
WeRent reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that WeRent, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing WeRent, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your WeRent Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. If your listings are priced artificially high compared to similar vehicles in the market area and/or priced unreasonably more than the recommended price provided by WeRent; or, in France, if you have a higher cancellation rate than permitted under our policy, we reserve the right to restrict the listing or remove you from the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
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.
Communications with you. You agree that WeRent may contact you by electronic means (e.g., electronic mail; notifications via WeRent messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We will not place such calls for marketing purposes. Rather, we may only place such calls or texts to confirm your signup, provide notices regarding your WeRent Account or WeRent Account activity, investigate or prevent fraud, collect a debt owed to us or recover unpaid invoices, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. You can cancel your SMS or text opt-in preference at any time by replying with “STOP”. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance. As always, standard telephone minute and text and data charges may apply. Carriers are not liable for delayed or undelivered messages. Message frequency may vary. If you have any questions regarding privacy, please read our Privacy Policy. Where WeRent is required to obtain your consent for such communications, you may choose to revoke your consent. You agree that WeRent may contact you on any day, at any time of day, and in relation with the above purposes.
You authorize WeRent and our service providers, without further notice, to monitor or record telephone conversations or web chat interactions you have, or anyone acting on your behalf has, with WeRent or its agents for quality control, training, or other purposes. You understand and agree that your communications with WeRent may be overheard, monitored, or recorded. If you do not wish to have your chat activity recorded or monitored, please do not use the chat function on the Services.
Insurance and protection plans. WeRent is not an insurance company and does not insure hosts or customers. Host and customer protection plans made available through the Services are in no way related. To be eligible for the benefits of a protection plan, hosts and customers must comply with these Terms. Protection plans are available through the Services only in the KSA.
Specific terms for renters
The following sections also apply if you book a vehicle using the Services:
Customer commitments
As a customer, you commit that you will be a legally licensed driver and provide proof to the host or via the Services of a current, valid driver’s license. You will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked.
No right of withdrawal
For customers who are residents of the KSA, there is no right of withdrawal in relation to a transaction you make on the Services as this right does not apply to the booking of transport or other services provided for at a specific date. Your only rights are described in the cancellation policy. However, customers have the right to modify any protection plan selected for a trip prior to the start of the reservation.
Customer financial responsibility for physical damage to the vehicle
The customer that booked the trip (“primary customer”) is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary customer has their own auto insurance or not.
Primary customers may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle on WeRent, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with WeRent to make a claim for coverage under any policy of insurance that applies to the loss.
The primary customer can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booked trip by choosing a protection plan on the Services. The limitation on the amount a primary customer may have to pay out of pocket included in any protection plan only applies (1) if the primary customer and any Approved Driver abide by these Terms and (2) to physical damage that is not mechanical or interior damage. The primary customer may change the protection plan selected by navigating to 'modify trip' in any reservation that has not started.
Auto liability insurance and legal liability protection
TBD.
Use of the vehicle
When you book a vehicle on the Services, you must use the vehicle only for your personal or professional use and not for any commercial purposes (e.g. those that require a commercial driver's license) unless you have express written permission from the WeRent Legal Department in advance or as otherwise described here. You may not access a vehicle until the trip start time and you must return the vehicle on time and to the correct location. You must present the host with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are always required 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 WeRent has any concern about your use of a vehicle, WeRent may terminate your trip in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the host. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact support@werent.app. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Customer s also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.
Telematics notice and release. Vehicles booked on WeRent may have features or an on-board device that may monitor the state of the vehicle from moment to moment, during a trip. The non-personal information collected by the features or on-board device may include, for example, a vehicle’s condition; damage and accident records; performance, operation, and diagnostic data; and information on mileage, acceleration, velocity, fuel consumption, fuel level, tire pressure, odometer, location and direction, and other vehicle information (“Vehicle Data”). Use of the features or on-board device is subject to the terms and conditions posted by the vehicle manufacturer or technology provider, which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information, and user responsibilities. Unless prohibited by law, you authorize the use or disclosure of or access to the Vehicle Data and you shall inform any Approved Driver and passengers of the terms of this section. You release the host and agree to indemnify, defend and hold harmless host, operator of the features or on-board devices, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation you, an Approved Driver, and passengers) or property caused by failure of the features or on-board device to operate properly or otherwise arising from the use of the feature or on-board device by you, an Approved Driver, or passengers.
Condition of the vehicle and optional Extras
You understand that third parties own the vehicles and Extras offered through the Services. Each host is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation as described 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, WeRent, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; instead, please contact the WeRent team immediately at 00966XXXXXXXX in the KSA.
No responsibility for shared vehicles or personal belongings
You acknowledge that WeRent is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the Services. Rather, hosts have sole responsibility to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our vehicle eligibility requirements. You also acknowledge and agree that neither WeRent nor hosts are responsible for lost or stolen property left in any vehicle or taken or damaged during a trip.
Incident reporting
You must immediately report any damage to the vehicle you are using to WeRent here. In the KSA, if there has been a collision, you must also make a report to the police. In KSA, if there has been a collision with significant vehicle damage you must also make a report to the police. However you must complete an incident report in all cases. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide WeRent or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by WeRent, third party claims administrators, or insurers. After an incident involving anything more than minor vehicle damage (e.g., small dent or scratch), you may not continue to use the vehicle unless you have the explicit permission of WeREnt staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.
Vehicle theft
The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:
- If you fail to return the vehicle you booked at the time and place agreed upon with the host and/or designated in your reservation
- If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services as set forth here or you agreed to pay for your trip over time and the trip is shortened due to a payment method failure and you do not return the vehicle
- If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the host. Any damage to, or loss or theft of, a vehicle occurring prior to the host inspecting the vehicle upon return at the end of the reservation is the customer ’s responsibility
- If you misrepresent facts to the host pertaining to booking, use, or operation of vehicle
- If the vehicle’s interior components are stolen or damaged, or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period
- If you fail or refuse to communicate in good faith with the host, police, WeRent, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism
- If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, who has obtained the keys without permission of the host, or who misrepresents or withholds facts to/from the host or WeRent material to the booking, use, or operation of vehicle
The primary customer who books the reservation is responsible for any private investigation costs WeRent deems necessary to recover a vehicle that is not returned. In addition, a SAR XXX case administration fee will be imposed on the primary customer if WeRent and/or the host has to report a vehicle as stolen to law enforcement due to it not being returned.
Repossession. WeRent, a hired agent of WeRent, or the host may repossess any vehicle booked through the Services without demand, at the customer ’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.
Missing Vehicles. If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, WeRent, and other authorities in all matters related to the investigation.
Specific terms for hosts
The following sections also apply if you share your vehicle through the Services:
Host commitments
As a host, you commit that you will provide a safe and legally registered and insured vehicle, with current license plates, with a clean (non-salvage/branded/written off) title, and in good mechanical condition. You will provide such vehicle on time but only to a customer who is listed on the Services as an Approved Driver for the trip. Other than what is required for you to verify a customer’s driver’s license, you will not collect any information or documentation from your customer, including customer personal auto insurance. You agree not to use any customer information made available to you by using the Services to collect additional personal data about customer(s), including but not limited to conducting background checks. You commit that your listings will be complete and accurate and you will honor all representations made in your listings, including honoring the price quoted to a customer. In the event of a vehicle swap, you will not require a customer to accept a higher priced vehicle or force an unwanted vehicle upgrade. You will not cancel a booking for the purpose of seeking a higher price from a customer. You will not offer any vehicle or optional Extra that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. If your vehicle is subject to a lease, loan, or other financing agreement, you must confirm sharing your vehicle on WeRent does not violate the terms of the contract with the lienholder. You will not offer any Extra that is not safe, clean, and acceptable for the use it is intended. You will not offer any vehicle that is the subject of a missing or stolen vehicle report. You will not offer any vehicle that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer a vehicle that is not roadworthy (i.e., not “street legal”) in the location where it is shared, and it will not have any illegal modifications to any part of the vehicle. You will remove any firearms or other weapons from your vehicle prior to providing it to a customer. You will repay loans related to your WeRent business on time and in full. When you direct WeRent to retrieve your account information from third parties, including but not limited to toll agencies, you grant WeRent a limited power of attorney to access the third-party services to retrieve such account information; WeRent will be acting as your agent and will not be acting on behalf of the third party.
Vehicle information given at listing; listing conditions
When you sign up for WeRent, you will identify passenger vehicle(s) that you want to list for sharing through the Services. Each vehicle must meet the requirements found here. You will provide the accurate license plate and vehicle identification number (VIN) (as required). You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation. If the vehicle you list on the Services is enabled with a device or OBD II technology capable of determining location of the vehicle, collecting telematics data, disabling technology, or image capturing you agree to comply with the requirements for tracking and technology devices and applicable law.
The following criteria are used for ‘relevance’ ranking of search results: a customer’s search parameters; vehicle location, details, price, delivery conditions, and relevance to a customer’s search; your ratings and commitment rate; All-Star Host status; and the number of listings that meet the parameters of a customer's search. You cannot pay to have your listing rank higher and we do not offer sponsored listings.
WeRent photography
WeRent may offer hosts the option of having photographers take photographs of their vehicles and/or hosts with their vehicles (“Images”). You alone are responsible for using the Images in connection with your WeRent listing and you agree that you will cease using the Images if they no longer accurately represent your vehicle. You agree that WeRent is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images 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 WeRent’s ownership or registration thereof. You acknowledge that WeRent 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 waive any and all rights to royalties or moral rights you may have in the Images. If you use the WeRent photography program, you agree that you will not use the Images in connection with sharing your vehicle on any platform, website, or application other than WeRent. At WeRent’s request, you will execute documents and take such further acts as WeRent may reasonably request to assist WeRent to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.
Vehicle availability
Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the customer. If you offer the customer the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle accurately to WeRent and ensure that the vehicle is available at that location at the beginning of the reservation period. In order to qualify for available protection plans, you must verify that a prospective customer has a current, valid driver’s license before you provide the customer your vehicle, and ensure the driver’s license matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on a facially valid driver’s license. If you offer remote access to your vehicle you agree to comply with the requirements and guidance for technology for remote vehicle access.
Pricing, earnings, and payments
You will have the ability to set and revise the vehicle’s pricing as you choose. WeRent will pay you the amount collected from customers that book your vehicle, less the applicable fees payable to WeRent. A description of fees can be found here. To the extent you owe WeRent or any third party lender money for any reason, WeRent also reserves the right to deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.
Payment Processing. In some countries, payment processing services are provided by PayTabs and subject to the WeRent Connected Account Agreement, which includes the WeRent Services Agreement (collectively, the "PayTabs Terms"). In countries where you receive payment proceeds via PayTabs, you agree to be bound by the PayTabs Terms, which may be modified from time to time. You also agree that WeRent is not liable in cases where WeRent processes a payment late or makes a mistake relating to a payment or a payment hold. As a condition of WeRent enabling payment processing services through PayTabs, you authorize WeRent to obtain all necessary access and perform all necessary activity on your Paytabs Connected Account to facilitate sharing of your vehicle. You further agree to provide accurate, complete, and updated information about you to WeRent and PayTabs. You acknowledge that WeRent and PayTabs are unrelated entities. You are responsible for separately updating WeRent and PayTabs when there are material changes to the information you have previously provided (e.g., business name, tax information, contact information). You authorize WeRent to share such information and transaction information with PayTabs for the purposes of facilitating the payment processing services provided by PayTabs. WeRent reserves the right to switch payment processing vendors at its discretion.
Airport delivery; personal vehicle sharing regulations
Some airports where you offer delivery may take the position that you must have a permit to use airport premises and remit fees. While WeRent does not believe that rental car permits should apply to peer-to-peer car sharing, not all airport authorities agree with this position. Learn more about airport delivery here.
There is personal vehicle sharing legislation that may apply to you. More information is available here.
Maintenance
You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements, including any required safety inspections. You will only list vehicles with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be booked. In addition, if WeRent believes that your vehicle does not conform to reasonable standards, including maintenance standards, WeRent may notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. WeRent may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Services.
Reporting vehicle damage
If you did not decline a protection plan made available via the Services, and you believe that a customer has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the trip) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Follow the process for reporting damage described here. Based on the investigation, WeRent or third-party claims administrators will reasonably determine whether the damage occurred during the reservation period and is eligible for coverage. If it was, and you did not decline a protection plan made available via the Services, you will be reimbursed for the loss as described in the sections below. If WeRent is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by WeRent or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any reimbursement or coverage for such damage. In the KSA, if additional damage is discovered during repairs, you must follow the process to request supplemental payment described here.
Physical damage to your vehicle
Physical damage reimbursement. The protection plans available to hosts in the KSA address the allocation of financial consequences of physical damage to the vehicle offered by a host during a trip. Physical damage contractual reimbursement from WeRent applies to your vehicle in the event of a collision and comprehensive events during the trip, and is subject to terms and exclusions.
Actual cash value. If WeRent, or third-party claims administrators, choose to pay you the actual cash value for your vehicle, you will be required to do one of the following at the sole discretion of WeRent as a condition for receiving payment: (1) transfer title to the vehicle, and, if requested, physically deliver the vehicle to WeRent or a third party appointed by WeRent to accept title and physical delivery (if applicable); or (2) retain title to the vehicle and accept a reduction of the actual cash value equal to the salvage value of the damaged vehicle based on the highest third-party salvage quote that WeRent obtains for the vehicle. The standard for determining the actual cash value will be as determined by WeRent or its third-party claims administrators and in compliance with applicable law.
Exclusions to physical damage reimbursement and coverage. Protection plans selected by hosts on the Services do not apply to:
- Optional extras or personal property, including aftermarket installations (e.g., equipment racks), that are taken from your vehicle or damaged during a trip. Remove all personal property before making your vehicle available for a reservation
- Normal wear and tear to your vehicle
If you violate the Agreement, these Terms, or any of our Policies or if you submit inaccurate information about your vehicle when listing it on the Services (for example, falsely represent the make, model, or year of the vehicle), any protection plan you selected will be voided. A protection will be voided under this provision even if the underlying circumstances are not directly related to the damage or harm at issue. You acknowledge that these provisions are material and that they serve to ensure your compliance. In the event your protection plan is voided, the remainder of the Agreement, these Terms, and Policies remain in effect.
Other host-specific insurance matters. You will maintain valid and up to date registration information and proof of insurance in any vehicle you share on the Services. You must maintain your own auto insurance policy for any vehicle you list on the Services and such policy must meet any minimum insurance levels required by law. You may need additional insurance coverage, including physical damage coverage, if you share a vehicle subject to a lease or loan. You agree to provide WeRent with information regarding your auto insurance policy as may be requested and to keep such information up to date. Where not prohibited by law, you hereby appoint WeRent or a wholly owned subsidiary of WeRent 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, customers, or private entities to recover your vehicle, as necessary.
Missing vehicles
If you selected a protection plan via the Services and your vehicle goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the host, must immediately contact a WeRent representative and follow his or her instructions, including cooperating with WeRent, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by WeRent to file a police report, you must do so within 24 hours of receiving those instructions.
Indemnification of host
If you selected a protection plan via the Services, in the event of any claim for a loss or injury that occurs during the use of your vehicle by a customer (or by WeRent itself), subject to your compliance with these Terms and the Policies, WeRent or its insurers will defend and indemnify you, subject to any exclusions or limitations in the policy or policies of insurance contained with the protection plan, against such claims as required by applicable law. In connection with any indemnified claim, you are required to give WeRent or its insurers prompt written notice of the claim, allow WeRent sole control over the defense of the claim, and provide WeRent reasonable cooperation in its defense of the claim, at WeRent’s expense. If WeRent or its insurers 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 WeRent any monies received from that third party in an amount equivalent to, but not to exceed, the funds provided to you by WeRent.
Dispute resolution
Dispute resolution for hosts and customers residing in the Kingdom of Saudi Arabia
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS YOU AND WERENT HAVE AGAINST EACH OTHER ARE RESOLVED.
Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of these Terms, your use of or access to the Services, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this Dispute resolution for hosts and customers residing in the Kingdom of Saudi Arabia.
Pre-arbitration dispute resolution. Should a dispute or claim arise between us, you and WeRent agree to notify the other Party of the nature of the dispute or claim prior to initiating arbitration, and the Parties will attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you should contact us by email at legal@werent.app. Please provide your name, phone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from WeRent. If the Parties are unable to resolve the claims described in the notice within 30 days after the notice is sent, then the Party intending to pursue arbitration agrees to notify the other Party via email prior to initiating the arbitration. The arbitration procedures are set forth below. In order to initiate arbitration, a claim must be filed with XXXXXXXXX.
General provisions
Termination
You may discontinue your use of the Services at any time and WeRent may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and WeRent may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.
No vehicle transfer or assignment
Except as otherwise provided herein, customers and hosts agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle or optional Extras shared through the Services.
Disclaimers
WERENT PROVIDES SERVICES THAT ENABLE THE SHARING OF VEHICLES AND OPTIONAL EXTRAS BETWEEN HOSTS AND CUSTOMERS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, WERENT DOES NOT ITSELF PROVIDE VEHICLE SHARING, RENTAL SERVICES, AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE VEHICLE OR ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE 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, WERENT 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. WeRent makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. WeRent makes no warranty regarding the quality of any listings, vehicles, hosts, customers, Extras, 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 WeRent, WeRent Insurance Agency, or its service providers or through the Services or content, will create any warranty not expressly made herein.
Limitation of liability and waiver
EXCEPT WHERE PROHIBITED BY LAW, YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST WERENTAND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “WERENT PARTIES”) AND ANY WERENT USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) VEHICLE AVAILABILITY (E.G., A VEHICLE NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH A VEHICLE (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A VEHICLE), (3) VEHICLE WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE VEHICLE), (4) THE LEGAL OR LICENSE STATUS OF A VEHICLE, HOST, OR CUSTOMER, (5) THIRD PARTY ASSESSMENTS OF A VEHICLE'S VALUE, OR (6) ANY ACTION OR INACTION OF A HOST OR CUSTOMER.
YOU AGREE THAT NEITHER WERENT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES.
Except for our obligations to pay amounts to applicable hosts or customers pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will the WeRent Parties' aggregate liability arising out of or in connection with the Agreement or your use of the Services, exceed the greater of (1) the amounts you have paid or owe for bookings via the Services as a customer in the twelve month period prior to the event giving rise to the liability, or if you are a host, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (2) SAR 500.
EXCEPT WHERE PROHIBITED BY LAW, YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY WERENT USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WERENT AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.
Indemnification
You agree to release, defend, indemnify, and hold WeRent 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: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of a vehicle or creation of a listing for a vehicle. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a vehicle or optional Extra. This indemnification provision is a fundamental element of the basis of the bargain between WeRent and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.
Liquidated damages
You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for WeRent to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the WeRent domains, trademarks, or taglines without WeRent's express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words, (3) suing or asserting legal claims against the WeRent Parties or a WeRent user in any manner prohibited or waived herein, (4) as a host, sharing your vehicle via the Services with expired registration stickers or without current registration paperwork in the vehicle, (5) as a host, offering any vehicle that is the subject of a missing or stolen vehicle report, (6) as a host, offering any vehicle or releasing a vehicle to a customer that is not roadworthy or is otherwise in an unsafe condition, (7) as a host, cancel or modify a trip to manipulate the price or potential earnings for a vehicle, or (8) creating or using a WeRent account that has the effect of circumventing WeRent’s suspension, termination, or closure of another WeRent account. You will pay WeRent SAR 25,000 per breach in Liquidated Damages to compensate WeRent for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult to estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between WeRent and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.
Not a rental car company; no vehicle leasing
WeRent is not a rental car company. It does not own a fleet of vehicles and is not in the business of renting vehicles to the public. WeRent also is not providing short- or long-term vehicle leases. WeRent provides an online platform where vehicle owners and those in need of a vehicle can meet and share vehicles amongst themselves subject to these Terms.
Rounding off; currency
WeRent may, in its sole discretion, round up or down amounts that are payable from or to hosts or customers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest SAR, JOD, dollar, euro, or other supported currency) unless explicitly prohibited under applicable law. The currency displayed on the Services is based on the search location, vehicle location, and/or host location.
Translations
Where WeRent has provided you with a translation of the Arabic and English languages version of these Terms or any Policies, in case of any wording discrepancies between the Arabic and any other versions of the Terms and any Policies, the Arabic language wording takes precedence.
Severability and non-waiver
In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.
General
WeRent does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of WeRent and WeRent will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.
The Agreement, including these Terms, states the entire understanding between you and WeRent concerning your access to and use of the 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 WeRent. You will remain responsible for your obligations hereunder in any event. A WeRent director or officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such section.