Terms of service
Saar Inc. (hereinafter, "Saar", "we", or "us"), provides an online car sharing platform that connects vehicle owners with travelers and locals seeking to book those vehicles. Saar is accessible as an application for mobile devices (Saar's websites, blog, and mobile applications are hereinafter collectively referred to as "the Services"). By accessing or using the Services, including by communicating with us or other Saar 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 Saar.
Saar reserves the right, at our sole discretion, to modify our Services or to modify these Terms at any time. If we modify these Terms, we will post the modification on our Services. We will also update the "Last Revised" date at the top of these Terms. By continuing to access or use our 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 account within 30 days, in which case the previous effective version of the Terms of Service will apply to you, unless you have used the Services during the intervening 30 day period, in which case the new Terms of Service will apply to you.
If you have any questions for us concerning this Agreement or Saar generally, please contact us at customer support.
Our Services are intended solely for persons who are 21 or older. Any use of the Services by anyone under 21 is prohibited.
In order to access certain features of the Services you must sign up for an account with us (hereinafter a "Saar Account") by either providing us your email address and creating a password. As used in this Agreement, "Borrower" shall mean any renter that establishes a renter Account,
which would allow such borrower to rent a vehicle through or via the Service.
When you sign up to either list or book a vehicle, you will provide us with certain information about yourself to enable us to verify your identity in order to become "Approved To Drive" or "Approved to List". You promise to provide complete and accurate information to Saar about yourself and your vehicle(s).
Where permitted, Saar has the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of users and vehicles, including driving history and driver's license validity, but we do not endorse any vehicle, user, or his or her background, or commit to undertake any specific screening process. Saar 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 Saar to request, receive, use, and store such information. Saar may accept or reject Borrower/Renter or Sharer/Owner Account applications, in our sole discretion, for any reason. If you are accepted for a Renter and/or Owner Account, you acknowledge and agree to abide by this Agreement and the Renter and Vehicle Eligibility Requirements which are applicable to your particular type of Account.
You promise to update the information you have provided to Saar in the event of any changes to your vehicle and driving record and contact information. Saar 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 unless you provide updated contact information to us. 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 Saar Account, whether or not you have authorized such activities or actions. You will immediately notify Saar of any actual or suspected unauthorized use of your Saar Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your account after you have reported unauthorized access to us.
Service Rules & Commitments.
You agree that you will always use your account and the Services in compliance with the Terms, applicable law, and any other policies and standards provided to you by Saar. As a vehicle owner, also known as sharer, you commit that you will provide a safe and legally
registered and insured vehicle, with a clean (non-salvage/branded) title, in good mechanical condition, on time to the renter, also known as borrower, who is Approved To Drive. As a borrower, you commit that you'll be a legally licensed driver, who will treat the vehicle well and will take all reasonable measures to return the vehicle 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:
- breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, third party rights or our systems, Policies, or determinations of your account status;
- post false, inaccurate, misleading, defamatory, or libelous content;
- infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Saar, or that comes from the Services and belongs to another Saar user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Saar;
Submit any false information, including:
- name, date of birth, drivers license, credit card, insurance, or other personal information;
- submit a claim, or respond to a claim (for example about damage to a vehicle), with false or misleading information;
- offer, as an owner, any vehicle that you do not yourself own or have authority to share;
- offer, as an owner, any vehicle that may not be shared for compensation pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a lease or financing agreement;
- offer, as an owner, any vehicle that has a salvaged, branded, washed, or unclean title or that is not safe, legally registered, (and insured) to be driven on public roads;
- book or drive any vehicle without a valid driver's license;
- submit any listing with false or misleading information, or submit any listing with a price that you do not intend to honor;
- register for a Saar account on behalf of an individual other than yourself;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
Fail to honor your commitments, including:
- fail to pay your fees or other amounts owed to Saar or another user;
- fail, as either a sharer or borrower, to timely deliver, make available, or return any vehicle, unless you have a valid reason as set out in our Policies;
- use the Services to find a host or guest, and then complete a transaction to share it partially or wholly independent of Saar Services, in order to circumvent the obligation to pay any Saar Fees related to Saar's provision of the Services or for any other reasons;
- transfer your Saar account and/or user ID to another party without our consent;
- allow anyone other than an Approved To Drive borrower with whom you are traveling to drive the vehicle you have booked;
- list or provide to a guest a vehicle that is subject to a safety recall without first properly addressing the matter subject to the recall;
Harm or threaten to harm users of our community, including:
- "stalk" or harass any other Saar user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Saar owner or traveler in accordance with these Terms;
- engage in physically or verbally abusive or threatening conduct;
- use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers;
- treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they're from, or when they were born. Discrimination of any kind is not tolerated in the Saar community;
Use Saar for your own unrelated purposes, including:
- contact a sharer for any purpose other than asking a question related to a booking or such host's vehicle(s) or listing(s);
- contact a borrower for any purpose other than asking a question related to a booking or such traveler's use of Saar Services;
- commercialize any content found on Saar or software associated with our Services, including Reviews;
- harvest or otherwise collect information about users without their and our consent;
- recruit or otherwise solicit any user to join third party services or websites that are competitive to Saar, without Saar's prior written approval;
Interfere with the operation of the Services, including:
- interfere with any other user's listings;
- enter into a Saar transaction with a member of your family, household, friend, colleague, or acquaintance;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of our Services, or harm Saar or the interests or property of others;
- bypass robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror, or frame the Services or any individual element within the Services, Saar's name, any Saar trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without Saar's express written consent;
- access, tamper with, or use non-public areas of the Services, Saar's computer systems, or the technical delivery systems of Saar's providers;
- attempt to probe, scan, or test the vulnerability of any of Saar's system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Saar or any of Saar's providers or any other third party (including another user) to protect the Services;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
- endeavor to circumvent a suspension, termination, or closure of your account, including, but not limited to, creating a new account to circumvent an account suspension or closure or giving cars registered to you or a member of your household to other Saar users to List.
Saar has the right to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of this Agreement to the fullest extent permissible by the law. Saar may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against Saar or to comply with permissible legal process (for example, subpoenas or warrants); to enforce or administer the Terms; 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 Saar, its employees, its users, or members of the public.
Saar reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Saar, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Services or our community. If we believe you are abusing Saar, 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 shared 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 to the full extent permitted under applicable law.
Collection of Fees.
When you provide Saar a payment method, you authorize Saar, or third-party partners acting on Saar's behalf, to store your payment credential for future use in the event you owe Saar any money. You authorize Saar to use stored payment credentials for balances, including but not limited to, Trip Fees, payment, fines and fees and claims costs and related administrative fees. Saar and its partners will 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. 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 Saar by you. Such communication may be made by Saar or by anyone on its behalf, including but not limited to a third party collection agent.
You authorize Saar and its partners, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with Saar or its agents for quality control and training purposes. You acknowledge and understand that your communications with Saar may be overheard, monitored, or recorded without further notice or warning.
In the unlikely event of a conflict or inconsistency between the explanation of insurance coverage in these Terms and an applicable insurance policy offered to the Saar community, the insurance policy language controls. Subject to applicable law, you and Saar 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.
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the country we conduct business in, 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 Saar, except as otherwise stated in the Terms of Service. These Terms and your use of the Services will be interpreted in accordance with the laws of the country we conduct business in, without regard to its conflict-of-law provisions.
You and Saar each agree that any and all disputes or claims that have arisen or may arise between you and Saar (including its respective subsidiaries, employees, officers, directors, and agents) 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 Saar Services (such as listing or sharing a vehicle) or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration, rather than in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
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. A party who intends to seek arbitration must first send to the other, by email, a completed form Notice of Dispute ("Notice"). The Notice to Saar should be sent via email firstname.lastname@example.org. 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 Saar.
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 shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Saar 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.
The Parties agree that all communications and evidence related to the dispute will remain confidential, and neither party shall take any action that will harm the reputation of any of the other, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the Parties or entities
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 against Saar 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 Saar. 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 but will arbitrate any dispute in accordance with the provisions of the "Agreement to Arbitrate" section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $20,000, the party requesting relief may seek to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event that a party elects arbitration and the other party agrees to such arbitration, such arbitration shall be initiated through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Resolution of disputes.
If a dispute arises between you and Saar, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Saar agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Services (a "Claim") in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes.
The laws of the GCC applicable shall govern this Agreement and any dispute or claim you have against Saar in all respects. All residents of the GCC, agree that any claim or dispute you may have against Saar must be resolved by a court, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the GCC for the purpose of litigating all such claims or disputes.
Saar Content and User Content.
Subject to your compliance with the provisions of these Terms, Saar grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Saar 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 Saar or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through our Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of your vehicle or trip. By making available any content on or through the Services, or through Saar promotional campaigns, you hereby grant to Saar 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, license, 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. Saar 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.
You must be a user in good standing (not suspended), comply with our Terms and the promotion rules to qualify for any promotional compensation. Users who attempt to abuse our promotions are subject to cancellation/reversal of the promotion amounts and suspension from taking part in the Saar marketplace. Borrowers and Sharers cannot cancel existing reservations to qualify for new promotions. Sharers cannot allow acquaintances, friends, or family to book their vehicle in order to qualify for promotions.
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 reservation period, Saar, or third parties acting for the mutual benefit of Saar and our users, may provide certain comprehensive and collision protection for the vehicle, as well as liability insurance for bodily injury and property damage in the GCC and Jordan. You understand and agree that, for "Uninsured/Underinsured Motorists & No-Fault" (including Medical Payments/First Party Benefits/Personal Injury Protection, etc.): Saar 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 guest. Protection package details 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.
Termination. You may discontinue your use of the Services at any time and Saar may terminate your access to the Services and remove any listings for any reason or no reason to the maximum extent permissible under applicable law. Termination of access to the Services will not release either party from any obligations incurred prior to the termination and Saar may retain and continue to use any information, including but not limited to photography, 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.
No Transfer or Assignment. Except as otherwise provided herein, borrowers and sharers agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle shared through the Saar Services.
SAAR PROVIDES SERVICES THAT ENABLE VEHICLE SHARING BETWEEN BORROWERS AND SHARERS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, SAAR DOES NOT ITSELF PROVIDE VEHICLE 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 VEHICLE MANUFACTURER, 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, SAAR 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.
Saar makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Saar makes no warranty regarding the quality of any listings, vehicles, hosts, guests, 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 Saar 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 SAAR AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE "SAAR PARTIES") AND ANY SAAR USER (EXCEPT AS DETAILED BELOW FOR TRANSACTIONS WHERE THE SHARER PROVIDES THEIR OWN COMMERCIAL/RENTAL INSURANCE/PROTECTION) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, A VEHICLE NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN A VEHICLE, 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 SAAR PARTIES, ANY ACTIONS OR INACTION OF THE SHARER. NEITHER SAAR 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 sharers or borrowers pursuant to these Terms, including an approved payment request or claim under a protection package or applicable insurance policy, in no event will Saar or its insurer'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 borrower/renter in the twelve month period prior to the event giving rise to the liability, or if you are a sharer/owner, the amount earned by you in the 12 month period prior to the event giving rise to the liability.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SAAR AND YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY SAAR USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES UNLESS (1) YOU ARE A SHARER/OWNER WHO HAS DECLINED A PROTECTION PACKAGE VIA SAAR AND ARE MAKING A CLAIM AGAINST A BORROWER?RENTER WHO BOOKED A VEHICLE FOR WHICH YOU OPTED TO PROVIDE YOUR OWN COMMERCIAL/RENTAL INSURANCE OR PROTECTION TO THE GUEST; OR (2) YOU ARE A BORROWER/RENTER WHO BOOKED A VEHICLE FROM A SHARER/OWNER WHO OPTED TO DECLINE A PROTECTION PACKAGE VIA SAAR AND OPTED TO PROVIDE INSURANCE OR PROTECTION DIRECTLY TO YOU AND YOU ARE MAKING A CLAIM AGAINST THAT COMPANY/SHARER/OWNER.
To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Saar 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 trip, 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 booking, sharing, or using a vehicle.
Liquidated damages/Contract penalty.
You acknowledge that the actual damages likely to result from engaging in gray market transactions (i.e., using Saar to find a borrower or vehicle, and then completing a reservation or related transaction partially or wholly independent of Saar, in order to circumvent the obligation to pay any Saar Fees) are difficult to estimate and would be difficult for Saar to prove. You will pay Saar $3,000 in Liquidated Damages to compensate Saar for any such conduct. This amount is not intended as a punishment for any such breach.
Saar 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. Saar is in the business of providing an online platform where vehicle owners and those in need of a vehicle can meet and share vehicles amongst themselves subject to these Terms.
Saar is neither an insurance company nor an insurance broker. Saar has obtained group liability and physical damage insurance policies in the GCC. Saar is the named insured on those policies. If you receive protection under one of these group policies, your coverage is provided by third party insurance companies and/or their brokers
This Agreement states the entire understanding between you and Saar concerning your access to and use of the Saar 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 Saar. 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.
Fees and Payments.
You are responsible for paying all fees when they come due. You authorize Saar to charge any payment methods or stored payment credentials associated with your account for all amounts due, including but not limited to, security deposits, processing fees, 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 reservation period.
With regard to damage, losses, or other liabilities, you acknowledge that, where permissible under applicable law, you are primarily liable, though you may fund that primary liability via any personal insurance you have available to you (e.g., applicable personal auto insurance or 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, if one is offered via Saar, will not be available to you until your personal insurance has been exhausted. In addition, Saar's protection package you select when booking your vehicle, if any, may not be available to you in the event you breach your obligations under these Terms or our 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 activities through Saar. You agree that in the event damage is reported, Saar may immediately charge you up to the amount stipulated with the protection package that you selected when you booked the vehicle. Nothing in these Terms is intended to limit your responsibilities or Saar's legal rights in connection with your use of the Services. You acknowledge that Saar may require and hold a deposit as part of the reservation of a vehicle.
Where a sharer can offer guests at least legally required minimum insurance (e.g. liability and/or physical damage) through their own commercial or rental policy, the owner may choose to decline insurance via Saar and provide its own coverage directly to you as the guest. You can determine directly in the vehicle listing whether the vehicle is insured by one of Saar's insurance partners or via the host directly.
Where the host provides its own protection to its guests, no insurance, protection is offered to you via Saar or its insurance partners. The owner will bill you directly for any applicable insurance, protection, or roadside assistance packages after booking, not through Saar. In these circumstances, the vehicle owner may require you to sign additional paperwork, provide a deposit, or pay additional fees, costs, or taxes after booking, for instance when picking up the car. The sharer may also have additional requirements that differ from Saar requirements (like requiring a credit card deposit).
By booking a vehicle where the sharer is providing protection, you agree that the vehicle owner may impose additional terms and fees after booking.
Where the host has not opted to provide its own insurance and protection to you, you understand and agree that Saar, or third party insurance companies, acting for the benefit of the owner will provide primary liability insurance for the sharer and that you, as the borrower, will not look to the sharer or the sharer's insurance policy for coverage, in accordance with our Policies and all applicable vehicle sharing statutes. You are fully responsible for paying any damage to the vehicle, subject to the protection package you selected, as well as deductibles, contribution, fees, expenses, liens, or fines arising out of your use of a vehicle booked through Saar.
Use of the Vehicle.
When you book a vehicle from an owner through Saar, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Uber or Careem). You may not access a vehicle until the beginning of your reservation period and you must return the vehicle on time and in the correct location. You must exercise reasonable care in your use of the vehicle. 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 Saar has any concern about your use of a vehicle, Saar 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 sharer. 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 carseats and other protections for children. You will be fully financially responsible for any claims, loss, or damage related to your misuse of a vehicle, and your protection package may be voided.
. Borrowers 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 Vehicle.
You understand that third parties own the vehicles 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 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 to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Saar, third party claims adjusters, 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.
Where you received insurance or protection when booking your trip via Saar, you must immediately report any damage to the vehicle you are using to Saar at email@example.com. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Saar 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 Saar, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of Saar staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate protection received via Saar.
Rental Car Theft.
It is a felony to fail to return a rental car within a certain period of time after the rental period has expired. 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 insurance coverage and/or protection package:
- If you fail to return the vehicle you have 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 Saar system;
- If vehicle is returned to any place other than the return location on the reservation or agreed upon with the owner. Any damage to, loss or theft of vehicle occurring prior to the host inspecting the vehicle upon return at the end of the reservation is the guest'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 when vehicle is unlocked or keys are not secured during the reservation period;
- If you fail or refuse to communicate in "good faith" with owner/sharer, police, Saar, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fails 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 sharer/owner; or who misrepresents or withholds facts to/from the sharer or Saar material to the booking, use or operation of vehicle.
The primary guest who books the reservation is responsible for any private investigation costs Saar deems necessary to recover a vehicle that is not returned. In addition, a $1000 administration fee will be imposed on the primary guest if Saar and/or the sharer has to report a vehicle as stolen to law enforcement due to it not being returned.
Saar, a hired agent of Saar or the sharer may repossess any vehicle booked through the Services without demand, at the guest'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.
If a vehicle you have booked through the Saar 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 24 hours after discovering it has gone missing; and cooperate fully with the sharer, law enforcement, Saar, and other authorities in all matters related to the investigation.
SPECIFIC TERMS FOR OWNERS
The following Sections also apply if you share your vehicle through the Saar Services:
Information Given at Registration.
When you sign up for Saar, you will identify passenger vehicle(s) that you want to list for sharing through the Services. Each vehicle must meet the requirements initially placed through the listing process. 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.
Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the borrower. If you offer the borrower the option to pick up your vehicle at a specified location, you must supply the location of the vehicle accurately to Saar and ensure that the vehicle is available at that location at the beginning of the reservation period. In order to qualify for available insurance and related protections, before you provide a prospective guest with your vehicle, you must verify that he or she has a current, valid driver's license which 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.
You will have the ability to set and revise the vehicle's pricing as you choose. Saar will pay you the amount collected from those who book your vehicle, less the applicable fees payable to Saar. To the extent you owe Saar money for any reason, Saar also reserves the right to deduct those amounts from your payment.
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. You will only list vehicles with a clean, non-salvaged, 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 Saar believes that your vehicle does not conform to reasonable standards, Saar may notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. Saar may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Services.
If you did not decline insurance and protection via Saar, and you believe that a borrower 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 end of reservation) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, Saar 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 insurance and protection via Saar, you will be reimbursed for the loss as described in Sections below. If Saar is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by Saar or third party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any financial responsibility for such damage.
During each reservation period where you opted to receive insurance and protection via Saar or its insurance partners, Saar or its insurers will bear the risk of theft, destruction, or damage with respect to your vehicle, subject to the Terms.
Saar and its insurers are not responsible for any personal property, including any aftermarket installations (e.g. equipment racks) that are taken from your vehicle or damaged during a reservation period. We recommend that you remove all personal property before making the vehicle available for a reservation. In addition, you should expect normal wear and tear on your vehicle, including minor scrapes and dings, in connection with your participation in the Services. Saar will not reimburse you for normal wear and tear to your vehicle. 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 sharing through Saar (for example, falsely represent the make, model, or year of the vehicle).
Other Insurance and Legal Matters.
You agree to comply with any and all applicable laws and regulations, including applicable registration and minimum insurance requirements for your vehicle. As part of your participation in the Services, you must maintain your own insurance policy and meet any minimum insurance levels required by law. Where permitted by law and where you opted to receive insurance and protection via Saar, you hereby appoint Saar 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, guests, or private entities to recover unreturned or impounded vehicles. You also promise to maintain registration information and proof of insurance in your vehicle during every reservation period. Saar may obtain insurance through a third party provider, or may choose to self-insure (meaning Saar takes on all or part or all of the insurance obligations itself, subject to all applicable laws and regulations). You agree to provide Saar with information regarding your policy's coverage as may be requested. You must inform Saar promptly in the event information previously provided changes.
If you opted to receive insurance and protection via Saar, in the event of any claim for a loss or injury that occurs during the use of your car by a borrower (or by Saar itself), Saar or its insurers will defend and indemnify you against such claims as required by applicable law. In connection with any indemnified claim, you are required to give Saar or its insurers prompt written notice of the claim; allow Saar sole control over the defense of the claim; and provide Saar reasonable cooperation in its defense of the claim, at Saar's expense. If Saar 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 Saar any monies received from that third party in an amount equivalent to, but not to exceed, the funds provided to you by Saar.
If you opted to receive insurance and protection via Saar, if your vehicle goes missing, is not returned and/or is stolen during the reservation period (or extension period), you, as the sharer, must immediately contact a Saar representative and follow his or her instructions, including cooperating with Saar, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by Saar to file a police report, you must do so within 24 of receiving those instructions.
Specific Terms for Owners Who Decline Saar Protection
The following Sections also apply if you decline Saar protection and insurance (such as if you choose to offer your own commercial/rental policy to guests) or where no protection or insurance is offered via Saar by its insurance partners:
In exchange for keeping more of the trip price for yourself, when you decline a Saar protection package or where no protection package is offered, you waive, on behalf of yourself and any affiliated individuals (including, but not limited to, employees, employers, associates, contractors, or any other related personnel) or entities (whether they be corporations, partnerships, sole proprietorships, limited liability companies, or otherwise) (collectively, "Affiliates") any insurance or protection normally offered via Saar to you or any Affiliates, your vehicles, and any guests or approved drivers of all of the vehicles you list on Saar.
When you choose to provide your own commercial rental insurance you, as the sharer, or an authorized representative acting on behalf of the sharer, shall be exclusively responsible for providing commercial rental insurance coverage for any reservation of your vehicles through Saar. You shall carry no less than the minimum applicable liability and/or physical damage automobile insurance for your vehicle, your guest, and his/her authorized drivers. When you select to decline a protection package or where none is offered in your region, you represent and warrant that (1) you are a licensed commercial rental car company or are authorized to act on behalf of and bind a commercial rental car company in connection with listing vehicles on Saar; or (2) you are an individual or company, or are authorized to act on behalf of, and bind a company, that can offer commercial rental car insurance to guests.
You further acknowledge and agree that you shall receive no protection or coverage by Saar or its affiliates, whether that be vehicle damage protection, liability protection, uninsured or underinsured motorist coverage, PIP or any similar coverage or indemnification, roadside assistance, or trust and safety support as part of a booking of your vehicle(s) when you have chosen to provide your own commercial rental insurance. You shall add Saar as an additional insured on all applicable automobile and excess liability policies. These provisions replace and supersede any representation made by Saar, or those acting on behalf of Saar, including but not limited to statements made on the Saar website, applications, Terms of Service, FAQs, Policies, emails, and/or marketing materials, concerning insurance and/or protection and roadside assistance otherwise offered to sharers and borrowers when the owners do not decline protection via Saar.
Saar reserves the right to, but does not commit to, satisfy itself that you are, or are acting on behalf of, a licensed commercial rental car company and have the ability to offer commercial auto rental insurance to renters/drivers of your vehicles when you choose to decline protection. If Saar has any concerns in this regard, you agree that Saar can automatically, and in its sole discretion, default all of your vehicles back to the Standard vehicle protection package along with its associated fees (if offered in your region), remove your listings, or suspend your account.
If you lose the ability to offer commercial rental insurance to your guests (for example your policy has been canceled or nonrenewed), you must immediately change the status of your vehicle. If the change is temporary, you can unlist your vehicle(s). If you need to permanently change the protection package for your vehicle(s) back to one of Saar's available protection plans, please contact us. Never let a guest pick up a car or continue to use a car without providing them insurance coverage.
You must disclose on your listing page any applicable additional fees, costs, and/or taxes you assess in addition to other requirements you may impose (such as a security deposit or if you do not accept debit cards, for example). You must never surprise guests with hidden costs or requirements at pick-up. Saar reserves the right, in its sole discretion, to default your vehicles back to a Standard protection package, remove your listings, or suspend your account for failure to be transparent up front with guests about fees, costs, and requirements in your vehicle listing page.
You acknowledge that the actual damages likely to result from breach of this Section are difficult to estimate and would be difficult for Saar to prove. You will pay Saar $3,00 in Liquidated Damages/Contract Penalties to compensate Saar for any such conduct. This amount is not intended as a punishment for any such breach.
You shall defend, indemnify, and hold Saar, its subsidiaries, affiliates, employees, officers, directors, and agents, and any of your guests or their authorized drivers, harmless from and against any and all claims, demands, suits, judgments, costs, expenses, liabilities, attorneys fees, damages, consequential damages, punitive damages, property damage, personal injury, theft or otherwise, without limitation, related to or arising out of any reservation or use of any vehicles, including without limitation, any vehicle damage, personal injury or property damage where you have declined Saar's protection package or one is not available in your region.