Terms of service
Last Revised: 1st December 2018
Thank you for your interest in Boit! Below are the general terms and conditions for all parties using the services provided by BOIT. Furthermore, there are other policies surrounding the trip rentals and specifics which can be found on our website.
Boit Technologies Private Limited, for and on behalf of its subsidiaries (collectively, âBoitâ, âweâ, or âusâ), provides an online car sharing platform for specialized cars that connects vehicle owners with travelers and locals seeking to book those specialized vehicles. Boit is accessible online including atÂ Boitclub.comÂ and as an application for mobile devices. Boitâs websites, blog, and mobile applications and associated services are collectively referred to as âthe Servicesâ. By accessing or using the Services, including by communicating with us or other Boit users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (âTermsâ), 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 Boit.
ModificationÂ Boit 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 âLast Revisedâ 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 Boit Account within 30 days, in which case the previous effective version of these Terms will apply to you, unless you have used the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.
If you have any questions for us concerning the Agreement, or Boit generally, please contact us atÂ email@example.com.
Eligibility.Â Our Services are intended solely for persons who are 24 or older. Any use of the Services by anyone under 24 is expressly prohibited.
Registration.Â To access certain features of the Services, you must sign up for an account with us (a âBoit Accountâ) by either providing us your email address and creating a password or connecting through an account with a third-party site or service (including Facebook and Google and Twitter).
Verification.Â When you list or book a vehicle, you provide us with certain information about yourself to enable us to verify your identity in order to become an âCertified Driverâ. You promise to provide complete and accurate information to Boit about yourself and your vehicle(s), if applicable. Where permitted, Boit 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 driverâs license validity. Boit does not endorse any vehicle, user, or a userâs background, or commit to undertake any specific screening process. Boit 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 Boit to request, receive, use, and store such information. Boit may accept or reject your application to become an Certified Driver in its sole and absolute discretion. Boit 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 or roadworthiness of any vehicles beyond our policies that require vehicle owners to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean (non-salvaged/non-branded/non-washed/non-written off) title, not subject to any applicable safety recalls, and otherwise satisfy ourÂ Eligibility requirements list
Consumer Report Authorization.Â When you apply to become an Certified Driver or at any time after where Boit reasonably believes there may be an increased level of risk associated with your Boit Account, you provide Boit with written instructions and authorization 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.
Ongoing Information Updates.Â You promise to update the information you have provided to Boit in the event of any changes to your driving record, contact information, or background. Specifically with respect to your contact information, Boit may deliver notices to you at the most recent email, telephone, or 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 Boit Account, so please keep your password and Boit 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 Boit Account, whether or not you have authorized such activities or actions. You will immediately notify Boit of any actual or suspected unauthorized use of your Boit Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Boit Account after you have reported unauthorized access to us.
Your Commitments.Â You agree that you will always use your Boit Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Boit. As a vehicle owner or host (âhostâ), you commit that you will provide a safe and legally registered and insured vehicle, with a clean (non-salvage/branded/written off) title, in good mechanical condition, on time to the traveler or guest who is an Certified Driver ( âguestâ). As a guest, you commit that youâll be a legally licensed driver and provide proof to the host of a current, valid driverâs license, who 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. 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, or third party rights;
- 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 Boit, or that comes from the Services and belongs to another Boit 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 Boit;
- Through unauthorized use of Boit and/or user content;
- Registering and/or using Boit or derivative terms in domain names, trade names, trademarks, or otherwise;
- Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Boit domains, trademarks, taglines, promotional campaigns, or Boit and/or user content.
- False name, date of birth, driverâs license, payment method, credit card, insurance, or other personal information;
- 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 or optional Extra 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, written off, washed, or unclean title or that is not safe, legally registered, or not insured to be driven on public roads;
- Offer, as an owner, any Extra that is not safe, clean, and acceptable for the use it is intended;
- Book or drive any vehicle without a valid driverâs license;
- Any listing with false or misleading information, or any listing with a price that you do not intend to honor;
- Register for a Boit 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 pay fees, penalties, or other amounts owed to Boit or another user;
- Fail, as either a guest or host, to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason as set out in ourÂ Policies;
- Use the Services to find a host or guest, and then complete a transaction partially or wholly independent of the Services, in order to circumvent the obligation to pay any fees related to Boitâs provision of the Services or for any other reasons (aka, gray market transactions);
- Transfer your Boit Account and/or user ID to another party without our consent;
- Allow anyone other than an Certified Driver 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;
- Leave a vehicle unlocked or running or unattended with the keys inside, except where instructed to do so directly by Boit in certain limited circumstances.
- âstalkâ or harass any other Boit user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Boit owner or guest 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 theyâre from, or when they were born. Discrimination of any kind is not tolerated in the Boit community;
- Contact a host for any purpose other than in relation to a booking or said hostâs vehicle(s) or listing(s);
- Contact a guest for any purpose other than in relation to a booking or such guestâs use of the Services;
- Commercialize any content found on Boit 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 Boit, without Boitâs prior written approval;
- Interfering with any other userâs listings;
- Entering into a Boit transaction with a member of your family, household, friend, colleague, or acquaintance;
- Distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- Distributing 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 e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of our Services, or harm Boit or the interests or property of others;
- Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure;
- Systematically retrieving 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, or through the use of bots, crawlers, spiders, or otherwise;
- Using display mirroring or framing the Services or any individual element within the Services, Boitâs name, any Boit trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without Boitâs express written consent;
- Accessing, tampering with, or using non-public areas of the Services, Boitâs computer systems, or the technical delivery systems of Boitâs providers;
- Attempting to probe, scan, or test the vulnerability of any of Boitâs system or network or breach any security or authentication measures;
- Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Boit or any of Boitâs providers or any other third party (including another user) to protect the Services;
- Forging 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;
- Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
- Endeavoring to circumvent a suspension, termination, or closure of your Boit Account, including, but not limited to, creating a new Boit Account to circumvent an account suspension or closure or giving vehicles registered to you or a member of your household to other Boit users to list.
Violations.Â Boit 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. Boit 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 Boit or to comply with permissible legal process (for example, subpoenas or warrants); to enforce or administer these 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 Boit, its employees, its users, or members of the public.
Boit reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Boit, 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 Boit, 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 Boit Account(s) and access to our Services, remove hosted content, deny a claim for coverage, remove and demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
Policy Enforcement.Â When an issue arises, we may consider the userâs performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Fees; Collection of Fees.Â The fees we charge for using our Services and other cost structures can be found on our Policy Page. When you provide Boit a payment method, you authorize Boit, or third-party service providers acting on Boitâs behalf, to store your payment credential for future use in the event you owe Boit any money. You authorize Boit to use stored payment credentials for balances, including forÂ Trips Costs, Fines and Fees. (e.g., late fees, security deposits, processing fees and claims costs and related administrative fees). Boit and its partners will employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. Boit, or the collection agencies we retain, may also report information about your Boit Account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your Boit Account may be reflected in your credit report. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by e-mail or phone, as provided to Boit by you. Such communication may be made by Boit or by anyone on its behalf, including but not limited to a third-party collection agent. If you wish to dispute the information Boit reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact firstname.lastname@example.org. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Boit Account, you must contact the collection agency directly. Any use of referral travel credit is governed by the terms and conditions outlined inÂ This policy
Communications with You.Â In order to contact you more efficiently, you agree that we may at times contact you using autodialed or prerecorded message calls or text messages at your telephone number(s). We may place such calls or texts primarily to confirm your signup; provide notices regarding your Boit Account or Boit Account activity; investigate or prevent fraud; collect a debt owed to us; 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. Standard telephone minute and text and data charges may apply. Where Boit is required to obtain your consent for such communications, you may choose to revoke your consent.
You authorize Boit 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 Boit or its agents for quality control and training purposes. You acknowledge and understand that your communications with Boit may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing throughÂ email@example.com.
Insurance.Â There is no insurance or protection available via the Services By Boit, and all insurance matters are to be covered by the owners/vendors directly. Boit will assist is resolving any issues arising out of situations, at our own discretion, without any obligation.
LEGAL DISPUTES FOR OWNERS AND GUESTS RESIDING ANYWHERE OTHER THAN CANADA
Applicable Law.Â Except as otherwise stated in the Agreement, the Agreement and your use of the Services will be interpreted in accordance with the laws of the State of Karnataka and India, without regard to its conflict-of-law provisions.
Agreement to Arbitrate.Â The Parties each agree that any and all disputes or claims that have arisen or may arise between you and Boit (including its respective subsidiaries, employees, officers, directors, agents, third party insurance brokers or products, and third party claims administrators) relating in any way to or arising out of the Agreement, your use of, or access to the Services, or any services sold, offered, or purchased through the Services (such as listing or sharing a vehicle) or any breach, enforcement, or termination of the 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 Partyâs copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the âAgreement to Arbitrateâ).
Prohibition of Class and Representative Actions and Non-Individualized Relief.Â THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSONâS OR PARTYâS CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTYâS INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Arbitration Procedures.Â 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. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of the Agreement to Arbitrate, or the interpretation of the section âProhibition of Class and Representative Actions and Non-Individualized Reliefâ, shall be for a court of competent jurisdiction to decide.
Where the relief sought is INR 20,00,000 or less, the arbitration will be conducted By LegalRefereeÂ in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. Where the relief sought is 20,00,001 or more, the arbitration will be conducted by theÂ Argus Partners LLP (âArgusâ) under its rules and procedures, including all Legal Arbritration rules (as applicable), as modified by this Agreement to Arbitrate.
A Party who intends to seek arbitration must first send to the other, by email, a notice of dispute (âNoticeâ). The Notice to Boit should be sent via email toÂ firstname.lastname@example.org. Please provide your name, telephone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from Boit. Disputes can also be raised within the web platform, but we recommend an email along with the web version for timely attention.
If the Parties are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, either Party may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on theÂ LegalReferee website or Argus PartnersÂ site. Any settlement offer made by you or Boit shall not be disclosed to the arbitrator.
Any FairClaims arbitration hearing shall be held via written submission, or where requested, videoconference. Any AAA arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. Either Party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the Parties subject to the arbitratorâs discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Boit may attend by telephone.
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 Boit user to the extent required by applicable law. The arbitratorâs 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.
Costs of Arbitration.Â Boit will cover the cost of any FairClaims arbitration fees for you. Payment of all filing, administration, and arbitrator fees will be governed by the AAAâs rules, unless otherwise stated in the Agreement to Arbitrate.
Severability.Â With the exception of the provisions in the section âProhibition of Class and Representative Actions and Non-Individualized Relief,â if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section âProhibition of Class and Representative Actions and Non-Individualized Reliefâ is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and its Legal Disputes Section will continue to apply.
Opt-Out Procedure.Â IF YOU ARE A NEW BOIT USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION BY EMAILING US AN OPT-OUT NOTICE TOÂ ARBITRATIONOPTOUT@BOIT.COMÂ EMAIL ADDRESS ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME.Â In order to opt-out, you must email your name, address (including street address, city, state, and zip/postal code), and email address(es) associated with your Boit Account(s) to which the opt-out applies and toÂ arbitrationoptout@Boit.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement, these Terms, and its Legal Disputes Section will continue to apply to you.
Future Amendments to the Agreement to Arbitrate.Â Notwithstanding any provision in these Terms to the contrary, the Parties agree that if we make any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed against Boit 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 the Parties. If you do not agree to these amended terms, you may close your account within the 30 days of our 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 as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to Boit, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of these Terms.
Judicial Forum for Legal Disputes.Â Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate, as a result of a decision by the arbitrator or a court order, or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, you agree that any claim or dispute that has arisen or may arise between the Parties must be resolved exclusively by a tribunal, or small claims court located in Bangalore, Karnataka, India.
LEGAL DISPUTES FOR OWNERS AND GUESTS RESIDING IN CANADA
Resolution of disputes.Â If a dispute arises between the Parties, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, the Parties agree that we will resolve any claim or controversy at law or equity that arises out of the Agreement or our Services in accordance with one of the subsections below or as the Parties 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.Â The laws of the Province of Ontario and the applicable federal laws of Canada shall govern the Agreement and any dispute or claim you have against Boit in all respects unless you are a resident of Quebec. All residents of Canada, other than residents of Quebec, agree that any claim or dispute you may have against Boit must be resolved by a court located in Toronto, Ontario, 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 Province of Ontario for the purpose of litigating all such claims or disputes unless you are a resident of Quebec.
Arbitration Option.Â For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than CAD$15,000, 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 for arbitration and the other Party agrees to such arbitration, such arbitration shall be initiated through an established alternative dispute resolution (âADRâ) 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.
OTHER LEGAL MATTERS
Boit Photoshoot.Â Boit may offer hosts the option of havingÂ photographers take photographs of their vehiclesÂ and/or hosts with their vehicles (âImagesâ). You alone are responsible for using the Images in connection with your Boit listing and you warrant that you will cease using the Images if they no longer accurately represent your vehicle. You agree that Boit 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 rights, 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 Boitâs ownership or registration thereof. You acknowledge that Boit 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 Boit 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 Boit. At Boitâs request, you will execute documents and take such further acts as Boit may reasonably request to assist Boit to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.
You understand that if Boit uses the term âVerified Imagesâ the term is intended only to indicate a photographic representation of the vehicle at the time the photograph was taken. Verified Images are therefore not an endorsement by Boit of any user or any vehicle.
Boit Content and User Content License.Â Subject to your compliance with the provisions of these Terms, Boit grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Boit 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 Boit or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content.Â 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 you, your vehicle or trip. By making available any content on or through the Services, or through Boitâs promotional campaigns, you grant Boit 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 Images, Boit 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.
Promotions.Â You must be a user in good standing (e.g., not suspended) and comply with these 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 the Boit community. Guests and hosts cannot cancel existing reservations to qualify for new promotions. Hosts cannot allow acquaintances, friends, or family to book their vehicle in order to qualify for promotions.
Copyright Protection.Â We respond to notices of alleged copyright infringement and terminate Boit Accounts of repeat infringers according to the process set out in the Indian Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can send an email to email@example.com.
Termination.Â You may discontinue your use of the Services at any time and Boit 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 You incurred prior to the termination and Boit 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, guests 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 Boit Services.
Disclaimers.Â BOIT PROVIDES SERVICES THAT ENABLE THE SHARING OF VEHICLES AND OPTIONAL EXTRAS BETWEEN HOSTS AND GUESTS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, BOIT DOES NOT ITSELF PROVIDE VEHICLE SHARING OR 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).Â THE SERVICES ARE PROVIDED âAS ISâ, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, BOIT 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.Â Boit 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. Boit makes no warranty regarding the quality of any listings, vehicles, hosts, guests, 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 Boit, or its service providers or through the Services or content, will create any warranty not expressly made herein.
Limitation of Liability and Waiver.Â TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST BOIT AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE âBOIT PARTIESâ) AND ANY BOIT USER (EXCEPT AS DETAILED BELOW FOR TRANSACTIONS WHERE THE HOST PROVIDES THEIR OWN COMMERCIAL/RENTAL INSURANCE PLAN OR WITH RESPECT TO OPTIONAL EXTRAS) 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 (EXCEPT IF DAMAGE ARISES FROM AN EXTRA) AND, IN THE CASE OF THE BOIT PARTIES, ANY ACTIONS OR INACTION OF THE HOST. NEITHER BOIT 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 OR OPTIONAL EXTRA VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.Â Except for our obligations to pay amounts to applicable hosts or guests pursuant to these Terms, including an approved payment request or claim under a insurance plan or applicable insurance policy, in no event will Boitâs or its subsidiariesâ or insurersâ aggregate liability arising out of or in connection with this Agreement or your use of the Services, exceed the greater of (i) the amounts you have paid or owe for bookings via the Services as a guest 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 (ii) US$100 or equivalent in any other currency.Â THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BOIT AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.Â In case of customers/hosts based out of the United States,YOU WAIVE CALIFORNIA CIVIL CODE Â§1542, OR ANY SIMILAR LAW, WHICH STATES: âA GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.â
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY BOIT USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES UNLESS (1) YOU ARE A HOST AND ARE MAKING A CLAIM AGAINST A GUEST WHO BOOKED A VEHICLE FOR WHICH YOU OPTED TO PROVIDE YOUR OWN COMMERCIAL/RENTAL INSURANCE OR COVERAGE TO THE GUEST; (2) YOU ARE A GUEST WHO BOOKED A VEHICLE FROM A HOST WHO PROVIDED INSURANCE OR PROTECTION DIRECTLY TO YOU AND YOU ARE MAKING A CLAIM AGAINST THAT COMPANY/HOST; OR (3) YOUR CLAIM RELATES TO AN OPTIONAL EXTRA PURCHASED USING THE SERVICES.
Indemnification.Â To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Boit 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 use of a vehicle or optional Extra.
Liquidated Damages/Contract Penalty. You acknowledge that the actual damages likely to result from you (i) engaging in gray market transactions (i.e., using Boit to find a guest or vehicle, and then completing a reservation or related transaction partially or wholly independent of Boit, in order to circumvent the obligation to pay any Boit Fees) or (ii) registering domains, social media handles, bidding on key words, or otherwise using the Boit domains, trademarks, or taglines are difficult to estimate and would be difficult for Boit to prove.Â You will pay Boit INR 10,00,000 (US$ 14000) or equivalent in any other currency, in Liquidated Damages to compensate Boit for any such conduct.Â This amount is not intended as a punishment for any such breach. In Germany, if you are a consumer, you have a right to prove that actual damages were lower.
Boit 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. Boit 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. Boit may, in its sole discretion, round up or down amounts that are payable from or to hosts or guests to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) where permissible under applicable law.
No Agency.Â Boit 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 Boit and Boit will not make commitments on your behalf, except as contemplated by the Services or expressly stated in the Agreement.
General.Â The Agreement states the entire understanding between you and Boit 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 Boit. You will remain responsible for your obligations hereunder in any event. If any provision of the Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. A Boit Director or Officer must agree to any modification or waiver of any term of the Agreement in writing. Boitâs failure to exercise any right under the Agreement will not constitute a waiver of any other right Boit may have. There is personal vehicle sharing legislation that may apply to you; more information is available in our FAQâs list on the site.
Headings are for reference purposes only and do not limit the scope or extent of such section. Except as otherwise provided in the Agreement, if any provision of these Terms are held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
Boit can be contacted at the addresses mention and updated from time to time on our website
Translations.Â Where Boit has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence.
SPECIFIC TERMS FOR GUESTS/Users
The following Sections also apply if you book a vehicle using the Services:
Fees.Â You are responsible for paying all fees when they come due. 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.
Your Financial Responsibility Is Primary.Â With regard to damage, losses, or other liabilities, you acknowledge that, where permissible under applicable law, you are primarily liable for your liabilities under the Agreement, 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.) as the primary source of funds. Any insurance plan you select when booking a vehicle, to the extent offered, will not be available to you until your personal insurance has been exhausted. 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 the Services. You agree that in the event damage is reported, Boit may immediately charge you up to the amount stipulated in the security deposit you selected when you booked the vehicle. Nothing in these Terms is intended to limit your responsibilities or Boitâs legal rights in connection with your use of the Services. You acknowledge that Boit may require and hold a security deposit as part of the reservation of a vehicle.In addition to the âTerms for Insurance plansâ section above you understand and agree:
All hosts offering vehicles for sharing on the Services are mandated to offer commercial liability insurance to you directly, which is charged to the user at the time of the booking. In the rest of the world, including India, a host is mandated, but not obligated to offer guests 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 the Services and provide its own coverage directly to you as the guest. You can determine the suitability of the insurance policy and coverage at the time of booking by understanding the listing or communicating directly with the Host on the subject matter.
Vendors.Â Where a Vendor represents that it will provide its own insurance, collision damage waiver, or insurance plan to its guests, no third-party liability insurance, physical damage protection, and/or roadside assistance is made available via the Services by Boit, and/or third party insurance partners or third party broker/producer. The Vendor will bill you directly for any applicable insurance plan before booking, not obtained through the Services. 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 vehicle. The host may also have additional requirements that differ from Boit requirements (like requiring a credit card deposit).Â By booking a vehicle where the Vendor 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 Boit or third party insurance companies or producers, acting for the benefit of Boit and/or the owner will arrange for or provide primary liability insurance for the host and that you, as the guest, will not look to the host or the hostâs insurance policy for coverage, in accordance with ourÂ policies and all applicable vehicle sharing statutes. You are fully responsible for paying any damage to the vehicle, as well as deductibles, contribution, fees, expenses, liens, or fines arising out of your use of a vehicle booked through Boit. If Boit advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to Boitâs schedule for repayment of those amounts to Boit.
Use of the Vehicle.Â When you book a vehicle from a host through Boit, 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 Ola or carpooling) unless you have express written permission from Boitâs Legal Department in advance. 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 present the host with a current, valid driverâs license. 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 Boit has any concern about your use of a vehicle, Boit 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 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). The Policies on our Services provide a list of prohibited uses of any vehicle shared through the Services. The list isnât meant to be exhaustive. If you have any concerns about your planned use, please contact firstname.lastname@example.org . You will be fully financially responsible for any claims, loss, or damage related to your misuse of a vehicle, and your insurance plan may be voided. Â Guests 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 insurance planÂ where allowed by applicable law.
Condition of the Vehicle and Optional Extras.Â You understand that third parties own the vehicles and Extras 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 email photos of such pre-existing damage at the start of your reservationÂ to email@example.com along with the reservation ID mentioned in the subject line, to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Boit, 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; in that event, please contact the Boit team immediately at +91 7768993907 or firstname.lastname@example.org
Incident Reporting.Â Where you elected for a insurance plan when booking your trip via Boit, you must immediately report any damage to the vehicle you are using to Boit atÂ email@example.com, or +91 7768993907 or +91 9845009116, and if there has been a collision, to the police as well. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Boit 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 Boit, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of Boit staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any Insurance plan received via the Services.
State Laws Regarding Rental Car Theft.Â 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 Insurance 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 Boit system set forth.
- If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the owner. 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 guestâs responsibility;
- If you misrepresent facts to the host pertaining to booking, use, or operation of vehicle;
- If the vehicleâs 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 the reservation period;
- If you fail or refuse to communicate in âgood faithâ with host, police, Boit, 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 driverâs license; whose driverâs 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 Boit material to the booking, use or operation of vehicle.
The primary guest who books the reservation is responsible for any private investigation costs Boit deems necessary to recover a vehicle that is not returned. In addition, a INR 14000 (US$ 200) case administration fee will be imposed on the primary guest if Boit and/or the host has to report a vehicle as stolen to law enforcement due to it not being returned.
Repossession.Â Boit, a hired agent of Boit, or the host may repossess any vehicle booked through the Services without demand, at the guestâs 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.Â 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 24 hours after discovering it has gone missing; and cooperate fully with the host, law enforcement, Boit, 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 Services:
Information Given at Registration.Â When you sign up for Boit, you will identify passenger vehicle(s) that you want to list for sharing through the Services. Each vehicle must meet the requirements to be eligible for sharing. 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.
Vehicle Availability.Â Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the guest. If you offer the guest the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle accurately to Boit and ensure that the vehicle is available at that location at the beginning of the reservation period. In order to qualify for Insurance plans offered by you or your partners, YOU MUST VERIFY THAT THE USER HOLDS A VALID DRIVERS LICENCEÂ before you provide the guest your vehicle, and ensure the driverâs license matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on a facially valid driverâs license.
Trip Fees.Â You will have the ability to set and revise the vehicleâs pricing as you choose. Boit will pay you the amount collected from those who book your vehicle, less the applicable fees payable to Boit. A current fee schedule can be found on the commission section of the website. To the extent you owe Boit money for any reason, Boit also reserves the right to deduct those amounts from your payment.
Taxes & Airport Permitting Fees.Â You understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes in connection with your use of our Services. Please familiarize yourself with the applicable tax regulations and consult with your personal tax advisor. Further, some airports where you offer delivery may take the position that you must have a permit to use airport premises and remit fees. While Boit does not believe that rental car permits should apply to peer-to-peer carsharing, not all airport authorities agree with this position. For trips demanding this fees, in accordance with the local law, Boit will automatically add applicable taxes and fees to the reservation of the user/guest and remit to you, upon verification of eligibility.
Maintenance.Â 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-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 Boit believes that your vehicle does not conform to reasonable standards, Boit may notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. Boit may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Services. Learn more about our vehicle eligibility requirements on our website.
Incident Reporting.Â If you did not decline a insurance plan made available via the Services, and you believe that a guest 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 reservation) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, Boit 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 Insurance plan made available via the Services, you will be reimbursed for the loss as described in the sections below. If Boit is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by Boit 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.
Physical Damage.Â During each reservation period where you opted to receive a Insurance plan made available via the Services by Boit or its insurance partners in the United Kingdom, Germany, or Canada, Boit will not bear the risk of theft, destruction, or damage with respect to your vehicle. All pertaining matters of insurance are to be taken up with the host and the respective insurance company that has insured the trip. Boit will provide agencies that specialize in ADR (alternate dispute resolution) at their own discretion to settle any matter pertaining to the damages. The cost of the ADR will be divided equally between the host and the user. Prior consent will be taken from both parties before introduction of the ADR.
Damage Exclusions.Â There are some exceptions to Boitâs obligations in the âPhysical Damageâ section above, even where you have selected a insurance plan made available via the Services. Boit and its insurers and producers are not responsible for any optional Extras or 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 and optional Extras, including minor scrapes and dings, in connection with your participation in the Services. Boit will not reimburse you for normal wear and tear to your vehicle other than as described on our website under limitations section. Any protection, coverage, and/or insurance provided may be voided if you violate these Terms, our polices, and/or submit inaccurate information about your vehicle when listing it for sharing on the Services (for example, falsely represent the make, model, or year of the vehicle).
Other Insurance and Legal Matters.Â In addition to the terms provided in the âTerms for Insurance plansâ section above and âOwners who decline Boit protectionâ section below, 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. In the United States, there is personal vehicle sharing legislation that may apply to you; more information is available in ourÂ FAQs. Where permitted by law and where you opted for a insurance plan made available via the Services Boit,. You promise to maintain registration information and proof of insurance in your vehicle during every reservation period. Boit may obtain insurance through a third party provider (subject to all applicable laws and regulations). You agree to provide Boit with information regarding your policyâs coverage as may be requested. You must inform Boit promptly in the event information previously provided changes.
Indemnification.Â If you offered an Insurance 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 guest, Boit will remain indemnified against any such claims. You agree to handle all insurance related matters, for insurance that is provided by you directly.
Missing Vehicles.Â If you offered an Insurance 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 Boit representative and follow his or her instructions, including cooperating with Boit, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by Boit to file a police report, you must do so within 24 hours of receiving those instructions. Boit will extend, without obligation, any support needed to you for filing the complaint and raising a claim.