Udrive Rent a Car LLC (Udrive) is a car rental service for the very first time in the UAE with a concept that gives 24/7 access of Udrive vehicles to its Clients. So, either you are going for a meeting, hang out late night with friends or go out for shopping, Udrive gives you access to convenient transportation anywhere, everywhere. This service is available to people that have been approved through an application process and registered as Clients by Udrive. This Agreement governs the relationship, rights, and obligations between Udrive and the Client for the use of Udrive Vehicles. This Agreement does not itself confer any right to use Udrive vehicles. By using a Udrive vehicle the Client agrees and adhere to all Terms and Conditions of Udrive as well as this Agreement.
The Client declares that they he/she received all explanations as they may have reasonably requested concerning the content of this agreement and that he/she has carefully reviewed and understands all his/her commitments and obligations in this agreement. The Client declares that he/she understands this agreement contains terms related to damages, liability and indemnification and that they understand that this agreement may impact their rights and responsibilities in the event of any damage to Udrive vehicles or third parties. By applying for Membership or using a Udrive vehicle the Client agrees as follows.
In this Agreement, except as otherwise expressly provided, or unless the context otherwise requires:
– ‘Account Page’ means the Client’s personal account section of Udrive’s website
– ‘Agreement’ means this Agreement as amended or supplemented in writing from time to time;
– ‘Application’ means the Client’s application for Membership with Udrive;
– ‘Driver’s License’ means a driver’s license that authorizes the person to whom it is issued to operate a motor vehicle in the jurisdiction where he or she uses any Udrive vehicle;
– ‘Eligible’ or ‘Eligibility’ means a person who meets the Eligibility Requirements pursuant to Schedule ‘B’
– ‘Fees’ means all fees, costs and charges applicable under this Agreement pursuant to the Fees;
– ‘The Business Zone’ means the area delineated by Udrive pursuant to the business area for commencement and termination of a Trip;
– ‘Invoices’ means a summary of all fees and other amounts for which a Client is responsible that relate to use of a Udrive vehicle or other amounts owing pursuant to this Service Agreement, which will be generated on a regular basis and which may be made available on the website and on select affiliated websites;
– ‘Client’ means the party to this Agreement and approved by Udrive through an application process
– ‘Membership Access’ means the electronic access provided to a client which enables him/her to access a car via the Udrive Android or iOS App through a username and password
– ‘Parking Rules’ means the parking rules as per UAE Traffic Police Dept., identifying the locations within — The Zone where a Udrive Vehicle may be parked;
‘Business Zone’ means the area in which Udrive vehicles can operate, which generally includes operational area in the city in the UAE in which the Udrive Vehicle is found on mobile application, but may be appointed by Udrive in the Udrive Mobile Application or Website
-‘Dubai Fleet’, ‘Abu Dhabi Fleet’ , ‘Sharjah Fleet’ means the fleet of cars available on mobile application within the Business Zone of that operating city irrespective of the car registration.
– ‘Person’ means and includes any individual, corporation, partnership, firm, joint venture, syndicate, association, trust, government, governmental agency or board or commission or authority, and other forms of entity or organization and any reference to a Person shall include and shall be deemed to be a reference to that Person’s successor;
– ‘Udrive Vehicle’ means any motor vehicle registered to Udrive and used in connection with Udrive’s car rental business under the concept described in this agreement, the Udrive Terms and Conditions and the Udrive website, including all hardware or other property installed or affixed thereto;
– Udrive’s Website’ means www.Udrive.ae and such other websites as may be specified by Udrive from time to time;
– ‘Trip Period’ means the span of time between a Vehicle Activation and Vehicle Deactivation (Closing the Udrive vehicle through the access method provided to the Client by Udrive);
– ‘Vehicle Activation’ means accessing/opening the Udrive vehicle through the access method provided to the Client by Udrive); and
– ‘Vehicle Deactivation’ means closing the Udrive vehicle through the access method provided to the Client by Udrive.
-‘Penalty’ means additional charges implemented on a customer for violating Udrive terms and conditions.
The following schedules (‘Schedules’) attached to this Agreement and posted on Udrive’s website are incorporated by reference and shall be deemed to form a part of this Agreement:
1.3. Modification of Terms
The current version of this Agreement and the Schedules are available at Udrive’s website. Udrive reserves the right to amend, supplement, or replace this Agreement, including the Schedules, from time to time and shall give notice of such changes to the Client. Such notice shall be deemed given to the Client upon being provided by Udrive in accordance with this Agreement. The Client acknowledges and agrees that all modifications of this Agreement shall be in effect for and binding on the Client in exchange for and as a condition of the Client’s continued rights under this Agreement, including the use of Udrive vehicles. By reserving a Udrive Vehicle or otherwise using a Udrive Vehicle following Udrive’s notice of any modification to this Agreement, the Client acknowledges and agrees to the terms of such modification.
2.1. Eligibility and Eligibility Requirement
The Client is required to be 21 years or above on the date of activation of the account, holding a driving license for over 6 months in the UAE or outside the UAE which is recognized as per the concerned Authorities. He / She needs to be in a mental and health state which fulfills and complies with the legal requirements of UAE laws.
Following local & International Driving Licenses are recognized by the authorities: Austria, Belgium, Spain, Germany, France, Ireland, Netherland, Italy, United Kingdom, Turkey, Greece, Switzerland, Norway, Denmark, Sweden, Romania, Poland, Cyprus, Finland, Portugal, Canada, United States of America, Kuwait, Saudi Arabia, Bahrain, Qatar, Oman, South Korea, New Zealand, Japan, Australia, South Africa.
The Client has reviewed the Eligibility Requirements and represents and warrants that they are Eligible.
The Client agrees to cooperate in providing Udrive all information necessary to confirm their Eligibility. Udrive reserves the right to request additional information, at any time. Udrive reserves itself the right to reject a Client at its own discretion.
2.2. Additional Criteria
The Client acknowledges that Udrive may add additional requirements to the Eligibility Requirements at any time and that such additional requirements may disqualify the Client.
2.3. Ongoing Eligibility Requirements
Because driving a Udrive vehicle requires maintaining a safe driving record, Udrive may, from time to time, check Clients’ driving records and reserves the right, in its sole discretion, to suspend or terminate this Agreement. In addition, Udrive may at any time require Clients to demonstrate compliance with the licensing laws of their jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in their jurisdiction of residence.
2.4. Loss of Eligibility
If the Client’s license is suspended or revoked or becomes invalid, if the Client has any further endorsements or accidents on their driving record, or if the Client is convicted of or receives a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving, or exceeding the relevant speed limit, the Client agrees to report such suspension, revocation, changes, conviction, or citation to Udrive promptly. Failure to notify Udrive of any such events may lead to the Client not being covered by Udrive’s insurance policy when driving a Udrive Vehicle and/or termination of this Agreement. The Client should at no time access or use a Udrive vehicle when he/she does not legally comply with the laws of the UAE or any legal rules and regulations or any of the Udrive terms and conditions as well as this agreement.
This Agr ement Udrive’s acceptance of the Application and sending a confirmation email to the Client or with the Access of the Client to the Udrive Apps or Vehicles and shall continue until terminated in accordance with the provisions herein.
Udrive may contact the Client in relation to any matter that may arise under this Agreement or the Client’s use of a Udrive Vehicle by phone, text message, email, or other method of communication. The Client authorizes such contact and is responsible for any cellphone or other fees related to such contact. The contact details provided by the Client upon the registration with Udrive is considered as the legal contact of the Client and all communications, legal notifications and information will be provided to the same. The Client is required to ensure that these communication methods are properly working and accepts all responsibilities in case if there is a communication failure.
3.3. Termination by Client
The Client may terminate this Agreement at any time by written notice, paying all outstanding Fees, and returning all other Udrive property in the Client’s possession or control.
3.4. Suspension of Use
3.5. Termination by Udrive
Udrive may terminate this Agreement, or suspend the Client’s use of Udrive Vehicles at any time, if the Client:
– does not pay any Fee at the time Fee is due;
– fails to maintain Eligibility;
– returns a Udrive Vehicle to a location other than a location permitted by the Parking Rules and Business Area Rules;
– fails to notify Udrive of any defect with a Udrive Vehicle adversely affecting the operation or safety of that Udrive Vehicle; or
– has made a statement or representation to Udrive which is incorrect or has failed to disclose facts or circumstances required to be disclosed under this Agreement.
Notwithstanding the foregoing, Udrive may terminate this Agreement or suspend a Client’s use of Udrive Vehicles at any time and for any reason whatsoever, in the sole discretion of Udrive.
3.6. Return of Property
Upon termination of this Agreement or suspension of the Client’s use of Udrive Vehicles, howsoever caused, the Client shall immediately return to Udrive any Udrive Vehicle and any other property of Udrive in the Client’s possession or control as instructed by Udrive. The Client shall be responsible for and agrees to pay any legal fees, court costs, or expenses associated with enforcing any term of this Agreement whether upon termination or otherwise and including any costs relating to recovering any of the foregoing property or any amounts due and owing to Udrive.
If this Agreement is terminated or the Client’s use of Udrive Vehicles is suspended, howsoever caused, Udrive may take possession of any Udrive Vehicle or other Udrive Property in the Client’s possession or control and at the Client’s expense, and the Client may be charged any applicable Fees.
USE OF UDRIVE VEHICLES
Nothing in this Agreement transfers or otherwise conveys ownership or any right, title, or interest in any property to the Client, including any Udrive Vehicles. The Client agrees that they will not tamper, destroy, modify, read, copy, manipulate, or reverse engineer Membership Access, any Vehicle Activation method installed in a Udrive Vehicle, or other any other Udrive Property.
4.3. Parking Rules
The Client shall only park the car in free parking areas where the parking is legally allowed for free for an unlimited time by the concerned Authorities.
Dubai Fleet Parking rules:
The Dubai fleet can be parked in the Dubai RTA Parking Zones A, B, C D, E, F, G, H, K and L and any unlimited free parking. The free parking needs to be uncovered and has unlimited and unrestricted access for anyone. Parking in communities, private parking, underground parking, basement parking, or multilevel car parking is prohibited.
Please note for RTA Parking Zone I and J it is not currently covered by Udrive. Any parking fine or impounding charges and/or Udrive relocation charges will be charged to the client based on the violation type.
The client can end the trip for Dubai Fleet only within operational boundaries (Business Zone) of Dubai.
Abu Dhabi Parking Rules:
Abu Dhabi fleet can be parked in the Mawaqif standard Public Mawaqif Parking for free, except mawaqif multilevel parking. Please note that the client is not allowed to park at no time in any parking spots which turn into Residential Parking after 9 pm.
Please note that the client is not allowed to park in any Mawaqif premium parking spots. Any parking fine or impounding charges and/or Udrive relocation charges will be on the client on violation of rules.
The client can end the trip for Abu Dhabi Fleet only within operational boundaries (Business Zone) of Abu Dhabi or in accordance with intercity service terms in Sharjah/Ajman.
Sharjah/Ajman Parking Rules:
Each Sharjah & Ajman Fleet has multiple free parking stations where they can be parked. At the end of your trip please ensure that the Udrive vehicle is parked in free parking in one of our stations. The client will be responsible for shouldering the parking cost if parked in any Paid Parking. Any parking fine or impounding charges and/or Udrive relocation charges will be on the client on violation of rules.
The client can only start and end the trip within the operational boundaries (Business Zone/stations) of the car as mentioned on the mobile application
Any damages or unacceptance of a parking permission or card is the responsibility of the Client. Any costs, penalties or fines are solely at the responsibility of the Client and payable by the Client. Any use of payable parking spots will be at the costs of the Client. In case if the Client ends his trip in a payable parking area which is not covered by any parking permission provided by Udrive, the Client will be charged all costs caused through parking at the spot as charged by the Owner/Management of the referring parking spot with an additional Udrive administration and service fee as per the Udrive Fees Schedule. Any other charges that will apply until the time the car was discovered and removed by the Udrive Team, as per the availability and discretion of Udrive, is the liability of the Client and payable by the Client.
Any imposed fines and fees paid by Udrive to any authorities or third parties are to be paid to Udrive, regardless if paid already or outstanding to be paid by Udrive. Any appeals or reclamations are to be done after the payment.
Additional Udrive penalty charges might/will be imposed from Udrive in the event of Udrive relocating vehicle. Penalty charge can be imposed on customers from Udrive even if no fines issued from authorities for smooth operations as per Udrive Fees and penalties.
The Client shall only park / return the car as mentioned above at an uncovered parking, which has no wall, ceiling, roof, tent or any other cover above it. Not complying with this will lead to relocation and other fees and penalties as per the Udrive Fees/Penalty Schedule.
Parking in multilevel parking is not allowed, mall parking’s, basement, closed communities are not allowed.
Udrive’s Intercity service allows users to drive to and from Abu Dhabi, Sharjah and Ajman. An Intercity service fee will be charged in addition to the normal trip charges.
- Abu Dhabi to Sharjah
AbuDhabi fleet ending the trip in Sharjah/Ajman need to ensure your Udrive is parked in free parking in one of our stations in Sharjah/Ajman (Please make sure that you end your trip in a designated Udrive station. Failure to do so may result in a fine/ and or penalty.) Customer will need to call us on our toll-free number to end the reservation for intercity usage.
2. Sharjah/Ajman to Abu Dhabi
Sharjah/Ajman fleet ending the trip in Abu Dhabi need to ensure your Udrive is parked in free parking/Mawaqif parking as per section 4.3. Failure to do so may result in a fine/ and or penalty.)
COMMENCING A TRIP
5.1. Vehicle Reservation
A Udrive Vehicle may be reserved by a Client through a Udrive smartphone application or other authorized mobile applications or otherwise as specified by Udrive from time to time.
If you do take the trip for that reservation, there will be no charge for that reservation. Each reservation has a max 15-minute window to reach the vehicle and start the trip. Multiple reservations are strictly not allowed and chargeable as per pricing list.
5.2. Use Without Reservation
The Client may request the use of any Udrive Vehicle without prior reservation provided such Udrive Vehicle is marked ‘available’ by such method specified by Udrive from time to time.
5.3. Inspection for Damage
Before operating a Udrive Vehicle, the Client must inspect the interior and exterior of the Udrive Vehicle for any visible defects, damages, or excessive soiling, and must immediately notify Udrive of any observed defects, damages, or problems to or with the vehicle itself or with any installed technology. If any defects, damages, or excessive soiling are discovered prior to starting the trip, the Client must, at the Client’s expense, contact the Udrive Customer Service at 800-UDRIVE and/or [email protected] and accurately and truthfully inform the Udrive Customer Service of the nature of the discovered defects, damages, or excessive soiling.
The Udrive Customer Service is entitled to prohibit the Client from using the Udrive Vehicle in its sole discretion. A Client’s failure to report any deficiency prior to using a Udrive Vehicle may result in that Client being held responsible for the repair, cleaning, or other costs related to the Udrive Vehicle.
5.4. Inoperable Udrive Vehicles
If the Client’s reported observations result in the Udrive Vehicle being deemed inoperable, the Client may be assigned a different Udrive Vehicle within a reasonable distance in Udrive’s discretion and depending on availability.
5.5. Vehicle Cleanliness
Udrive depends on its Clients to ensure Udrive Vehicles are returned in a clean state and that all items of personal property belonging to the Client are removed. Udrive makes no representations or warranties as to the cleanliness of any Udrive Vehicles and the Client accepts use of a Udrive Vehicle on an ‘as is, where is’ basis.
5.6. Vehicle Activation
In its sole discretion, Udrive may allow activation of a Udrive Vehicle and commencement of a Trip Period through an authorized smartphone application or through such other manners as may be determined by Udrive from time to time. Upon proper activation, the Udrive Vehicle will automatically be unlocked for use by the Client (‘Vehicle Activation’).
5.7. Commencement of Fees
A Client will be charged for use of the Udrive Vehicle commencing upon Vehicle Activation. Fees shall accrue even if the Udrive Vehicle is used in breach of this Agreement, including by a person other than the Client. Fees are also applicable if the car is not driven or used.
5.8. Area of Operation
The Client can use Udrive vehicle within the UAE but end & return the vehicle only in the same Business Zone from where trip started. If the Client causes or allows a Udrive Vehicle to travel outside the Business Zone, the Client will be personally responsible for costs associated with returning the vehicle to the Zone, including, but not limited to, costs associated with vehicle repair, motor-vehicle accidents or collisions, and towing services. The Client responsible for such vehicle will continue to incur charges until the vehicle is returned to The Zone. None of the Udrive vehicles are allowed to be moved or driven outside the UAE.
ENDING A TRIP
6.1. Vehicle Deactivation
The end of the trip is initiated by the Client by smartphone application or in such other manner as may be determined by Udrive from time to time. The trip is ended only if the Udrive mobile application has correspondingly confirmed the Vehicle Deactivation indicating the Udrive Vehicle is now `available for all Clients.
It is the Client’s responsibility to confirm Vehicle Deactivation. In the event the Client fails to initiate the Vehicle Deactivation the Trip Period shall continue and the Client shall be responsible for all continued fees incurred in relation to the ongoing Trip Period (‘Vehicle Deactivation’).
6.2. Obligations on Ending a Trip Period
When the Client wishes to end a trip, the Client shall:
– park the vehicle in accordance with the Parking Rules and at allowed locations mentioned in this agreement;
– Ensure that the Key along with the Key Fob/Key Chip has been returned in the Vehicle
– Ensure that all windows doors and trunks are fully closed and that all internal and external lights have been turned off;
– Remove all trash from and clean any soiling in the vehicle.
– Make sure that car fuel should be at least 15% or more when ending the trip.
6.3. Maximum Duration of Use
A Daily rental Udrive Vehicle may not be used by a Client for more than two (02) consecutive unless otherwise allowed by Udrive, and a per minute Dubai Udrive vehicle may not be used by a client for more than 24 hours. If a Trip Period exceeds the above-mentioned time, the clients’s account will be blocked by Udrive and the car will be immobilized by Udrive. Until the vehicle is returned to the business Zone and the trip is ended, the Client will continue to incur fees and/or penalties as specified in the Fees. If payment is not made or is rejected or otherwise unauthorized, Udrive retains the right to repossess the Udrive Vehicle from its then-current location and, to the extent permitted by law, the Client will assume all associated costs, including key replacement, if the Udrive Vehicle key is not promptly returned.
Udrive reserves the right to change, modify or adjust the rental price or charges, anytime at its sole discretion as deemed appropriate and necessary, without any notice.
6.4. Return to the Zone
The trip may be ended only if the Udrive Vehicle is located within The Zone and in accordance with the Parking Rules. The exact boundaries are usually within the cities of the Udrive vehicles’ in the current operating city. Further information shall be obtained from the Udrive Mobile Application or the Udrive Customer Service. The Trip Period may be ended only if the Udrive Vehicle is able to establish a connection with a cellular network or such other method designated by Udrive from time to time. If the Udrive Vehicle cannot establish a cellular network connection but the Client is able to call the Udrive Customer Service, Udrive may end the trip remotely and provide confirmation and exit instructions to the Client. In such an event, Udrive may require the Client to move the Udrive Vehicle to another location permitted by the Parking Rules of this Agreement. Failure to return the vehicle in accordance with this Agreement may result in liability or possible sanctions as per this Agreement.
FEES, PAYMENTS, AND BILLING
The Fees for using a Udrive Vehicle and related services are set out in the Fees, as amended from time to time. The Client agrees to pay all amounts when due. All fees for using a Udrive Vehicle begin to accrue upon the commencement of the Trip Period and are payable in full at the end of the Trip Period.
Upon ending the trip, the client shall be receiving a trip summary via email, and a copy of the Invoice shall be added to the Client’s Account. The Client acknowledges receipt of notice of all Fees upon the issue of an Invoice. If applicable, Toll / Salik charges, fines and any other costs will be added as per the Client’s usage/cause separately as when they are received by Udrive from the concerned authorities whenever communicated. Additional Admin fees may be charged on the toll gate fees, fines as per the fees structure.
Payments shall be made by Visa Card, MasterCard, or such other method as Udrive may authorize in its sole discretion from time to time. The Client hereby authorizes Udrive, including its employees, agents, or any assignees, to charge the Client using the payment information supplied by the Client to Udrive’s appointed payment partner.
Such payment method provided by the Client shall have sufficient funds available to cover all Fees incurred by the Client. The Client is solely responsible for any associated credit / debit card charges or fees. The Client hereby authorizes Udrive to reserve credit, with or without an authorization from, through the Client’s payment card issuer within 24 hours of the commencement of a Trip Period. In the event a payment card charge is declined by the Client’s payment card issuer (either for advanced authorization or incurred charges), Udrive may suspend or terminate the use of Udrive Vehicles by the Client.
Prepaid Gift Cards are not accepted from Udrive as a form of payment, at this time.
7.4. Billing History
Trip Period history, Invoices, and payment history may be accessed by the Client on the Client’s Account Page inside the mobile application.
7.5. Refunds or Appeals
- Any request for refund or for alteration of fees ,fines, penalties ,invoices or appeals must be communicated to Udrive within 7 days in written by email ofthe date the Invoice. Refunds and appeals are subject to review and approval in Udrive’s sole discretion.
Any objections or appeals after this period will not be considered and the Client acknowledges the same. The Client shall at no time reverse a transaction through its Credit Card company or bank if Udrive has not agreed to the same. Any charges caused or occurring from such an action can be claimed by Udrive from the Client.
- Udrive credits received on the Udrive account wallet can be adjusted only against usage charges and cannot be deducted against Salik/toll gate charged, Fines, and Penalties or Fees.
- Udrive credits cannot be refunded or exchanged as cash.
- Udrive credits may have an expiration date associated with it.
- Udrive credits cannot be transferred to any other account.
- Udrive retains the right to refund the customer through Udrive credits or cash.
7.6. Current Payment Information
The Client is responsible for providing and keeping current credit card information updated with Udrive. Failure to do so may result in Udrive’s termination or deactivation of the account.
Udrive may utilize third parties to collect amounts owed to Udrive by the Client. The Client will also be responsible for any collection or similar fees associated with these collection activities.
Full Damage Coverage
8.1. Eligibility for Full Damage Coverage
- The Customer must be at least 25 years old and hold a valid driver’s license from the United Arab Emirates or an eligible international driver’s license.
- The Customer must abide by all terms and conditions stated in the Rental Agreement.
- The Customer must purchase the FDC at the time of rental or prior to taking possession of the rented vehicle.
8.2. Scope of Full Damage Coverage
- FDC applies only to the rented vehicle and does not cover personal injury, third-party liability, or any other losses or damages not explicitly covered by this policy.
- FDC covers damages to the rented vehicle resulting from accidents, collisions, vandalism, theft, or natural disasters, subject to the terms and conditions outlined in this policy.
8.3. Exclusions - FDC does not cover the following
- Damages caused by the Customer’s negligence, willful misconduct, or violation of the Rental Agreement or any applicable laws or regulations.
- Damages incurred while the rented vehicle is driven by an unauthorized driver or a driver who is under the influence of alcohol or drugs.
- Damages to the interior of the vehicle caused by smoking, pets, or the transportation of hazardous materials.
- Damages resulting from off-road use, racing, or other prohibited activities.
- Loss of or damage to personal belongings stored in the rented vehicle.
- Costs related to towing, storage, or impound fees.
- Any fines, penalties, or charges imposed by the authorities due to traffic violations or other breaches of the law.
8.4. Customer Responsibilities
- In the event of an accident or damage to the rented vehicle, the Customer must immediately notify the Company and provide all necessary information, including a detailed description of the incident, photos of the damage, and a police report if applicable.
- The Customer is responsible for cooperating with the Company and any insurance providers or authorities involved in the investigation or resolution of the claim.
- Failure to comply with these responsibilities may result in the denial of FDC benefits, and the Customer may be held financially responsible for the damages.
- A deductible may apply to certain claims under the FDC. If the customer is under the age of 25 a maximum deductible amount of 20% will be incurred.
- The Customer will be responsible for paying the deductible amount before the Company covers the remaining cost of the damage.
8.6. Termination of Full Damage Coverage
- The Company reserves the right to terminate the FDC if the Customer breaches any of the terms and conditions outlined in this policy or the Rental Agreement.
- Upon termination of the FDC, the Customer will be responsible for any damages to the rented vehicle, regardless of whether they were covered by the FDC before termination.
8.7. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Arab Emirates.
COLLISIONS, DAMAGE, AND TRAFFIC VIOLATIONS
9.1. Uninsured Damage
The Client is solely responsible for all uninsured damage to a Udrive Vehicle (including major soiling) incurred during the Trip Period and is responsible for the full costs of any uninsured damages or injuries caused to third parties or to their property including:
– the repair costs (estimated or actual for the Udrive Vehicle and third party property);
– injuries to third parties;
– cost associated with the recovery or transportation of any Udrive Vehicles;
– and the loss of use of any Udrive Vehicles or third party property.
9.2. Damage Fees
9.3. Loss of Insurance Coverage
In the event that any loss or damage occurs during a Trip Period and insurance coverage is lost or otherwise does not apply due to the actions or conduct of the Client, then the Client is responsible for the full cost of any such loss or damage.
Where damage to a Udrive Vehicle is reported or otherwise recorded by Udrive, the last person (meaning other Clients) to use the Udrive Vehicle shall be presumed to have caused and shall be liable to Udrive for the damage absent evidence to the contrary, as may be determined by Udrive in its sole discretion. The Client agrees that, in the event that damage is reported by a person using a Udrive Vehicle after the Client, the Client is responsible for such reported damage.
9.5. Loss of Property
The Client is solely responsible if the Client loses any of the Udrive Vehicle’s assigned property including a car key, or car documents. In the event that any Udrive Vehicle’s assigned property is lost or otherwise not in the Udrive Vehicle at the end of a Trip Period the Client shall pay the full amount for such property as determined by Udrive from time to time and pursuant to the damages portion of the Fees. Udrive will not take the responsibility or liability of any lost personal properties or items of the Client.
9.6. Report of Damage
The Client shall promptly report to Udrive all collisions, accidents, defects, or damage to the vehicle resulting from force or accident in the manner specified in this Agreement, together with a report to police as required.
The Client shall upload damages before & after reservation either on the mobile app, live chat through website or through emails only, Failure to do so might lead to incurring additional damage charges on the Client.
9.7. Police Reports
If the police attend to the scene of a collision involving a Udrive Vehicle, the Client must remain at the site until authorized to leave by Police. If the Police do not attend at the collision site, the Client must report the collision to the nearest collision reporting center or Police Station. The Client shall complete an incident report form in the event of a collision, accident, injury, or other incident and provide a copy to Udrive within 5 business days of the date accident. It is the responsibility of the Client to ensure that the report is accurate and provided to Udrive for any further use. Any change, update or revision on the police report should be done and submitted within 5 business days. If not provided within the mentioned time frame, the Client may be held for the partial or full damage and any other additional costs caused due to the non-submission of the police report.
9.8. Entitlement to Compensation
To the extent permitted by applicable law, in all cases, Udrive is entitled to any and all compensation or monies paid in connection with damages to a Udrive Vehicle. In the event the Client receives any such monies, the Client agrees to hold such monies in trust on behalf of Udrive and agrees to promptly make payment of such monies to Udrive.
Udrive provides Comprehensive insurance coverage for all of it cars which includes the full insurance of the car as well as basic coverage for the driver and passengers.
9.10. Client Deductible Obligations / Excess Amount
The Client will be responsible for a deductible / excess fee as per the Udrive Fees Schedule in the event of any claim in connection with the Client is made under Udrive’s insurance policy. This is payable by the customer in case of any damages, accidents, losses with no police report or if the Police issues Unknown or red (faulty/liable) accident report.
Any imposed fines, penalties and fees paid by Udrive to any authorities or third parties are to be paid to Udrive, regardless if paid already or outstanding to be paid by Udrive. Any appeals or reclamations are to be done after the payment.
9.11. Damages and Client Responsibility
The Client shall be responsible to Udrive for any and all theft of, damages to, or the loss of and loss of use, a Udrive Vehicle or other Udrive property that occurs during a Client’s Trip Period. In all cases, where Udrive’s insurance policy does not cover a claim or a claim is in excess of the coverage provided by Udrive’s insurance policy, the Client is liable for the entire amount of such claim, including the cost of replacement or repair of any involved vehicle and for any and all claims of any kind made by third parties.
Any imposed fines, penalties and fees paid by Udrive to any authorities or third parties are to be paid to Udrive, regardless if paid already or outstanding to be paid by Udrive. Any appeals or reclamations are to be done after the payment.
Udrive will not share Internal invoices/receipts or proof of payments related to its operations of the fleet or with the customer under any circumstances.
10.1. Limitation of Udrive's Liability
Notwithstanding anything to the contrary expressed or implied in this Agreement, Udrive shall not be liable to the Client for any general, indirect, or consequential damages or any economic losses of any kind, regardless of whether the liability to which such damages relate arises in contract, tort, or otherwise in law, for any injury, loss, or damage sustained by the Client (including its affiliates, subsidiaries, associated companies, successors, and assigns and each of their respective officers, directors, agents, and employees) arising from this Agreement or the Client’s use of a Udrive Vehicle.
11.1. Client's Indemnity of Udrive
The Client shall indemnify and hold harmless Udrive (including its affiliates, subsidiaries, associated companies, successors, and assigns and each of their respective officers, directors, agents, and employees severally and collectively) from any and all losses, claims, demands, liabilities, damages, pleadings, fines, penalties, judgments, and expenses (including, without limitation, legal expenses on a solicitor and his own client basis), suffered or incurred by or brought against any or all of them, including by third parties, by reason of any act or omission of Udrive or its officers, directors, agents, employees, or subcontractors in relation to this Agreement or the Client’s use of Udrive Vehicles.
INTERPRETATION AND GENERAL TERMS
In this Agreement, except as otherwise provided, or unless the context otherwise requires:
– the subdivisions in this Agreement are called, in descending order, “sections,” “subsections,” “paragraphs,” “subparagraphs,” “clauses,” and “sub clauses”;
– the words “herein” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision hereof;
– headings inserted in this Agreement are for convenience only and are not intended to interpret, define, or limit the scope, extent, or intent of this Agreement or any provision hereof;
– words like “including,” “specifically,” or “particularly,” or words of similar import when following any general statement, term, or matter, shall not be construed to limit such general statement, term, or matter to the specific items or matters following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation” or other words of similar import) is used with reference thereto but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement, term or matter;
– any reference to a statute includes amendments thereto, regulations made pursuant thereto, and to any statute or regulation that supplements, supersedes, or replaces same; and
words importing one gender include all other genders, words in the singular include the plural, and words importing individuals shall include firms & corporations, and, in each case vice versa.
Any term, condition or provision of this Agreement, which is deemed to be void, prohibited or unenforceable shall be severable here from without in any way invalidating the remaining terms, conditions and provisions hereof.
12.3. Enforcement of Remedies
Any remedy which may be available to a party by virtue of any provision contained in this Agreement and as a consequence of the default of another party shall be in addition to and not by way of substitution for any statutory, common law, or equitable remedy which may also be available and all such remedies may be enforced either successively or concurrently.
Neither the granting of any time or other indulgence to any party hereto nor the failure of any party to insist upon the strict performance of any covenant, term, or condition of this Agreement or to enforce its rights hereunder shall be construed as a waiver of its rights or remedies hereunder and the same shall continue in full force and effect.
12.5. Further Assurances:
The Client will promptly and duly execute and deliver to Udrive such further documents and assurances and take such further action as Udrive may from time-to-time reasonably request in order to more effectively carry out the intent and purpose of this Agreement and to establish and protect the rights and remedies created or intended to be created hereby.
Udrive might send to the Client a summarized car rental agreement which he/she must carry during any trip with the Udrive vehicles and present upon demand of a law enforcement officer. If a copy is not provided, the client might use this agreement.
Any notice or other communication required or permitted to be given by Udrive to the Client under the terms of this Agreement shall be sufficiently given to the Client by any one of the following means:
– by a posting on Udrive’s Website;
– by a posting in Udrive Vehicles;
– by regular mail to the mailing address the Client maintains with Udrive;
– by email to the email address the Client maintains with Udrive; or
– by telephone to the telephone number the Client maintains with Udrive.
Any notice or other communication required or permitted to be given by a Client to Udrive under the terms of this Agreement shall be sufficient given to Udrive by any one of the following means:
by regular mail to: U Drive Rent a Car LLC, P.O. Box 40493, Dubai, United Arab Emirates
by email to: [email protected]. Every such notice or communication shall be deemed to have been received and given at the time when, in the ordinary course of transmission, it would have been delivered or received at the address to which it was sent.
12.7. Governing Law
This Agreement shall be construed and enforced in accordance with, and the rights of the parties hereto shall be governed by, the laws of United Arab Emirates. Each of the Parties hereby irrevocably submit themselves to the jurisdiction of the courts in UAE.
12.8. Entire Agreement
This Agreement and the Application constitute the entire agreement between the parties and there are no statements, representations, warranties, undertakings, or agreements, written or oral, express or implied, between the parties hereto except as herein set forth.
12.9. Binding Agreement
The terms of this Agreement are contractual and not a mere recital.
This Agreement and everything herein contained shall inure to the benefit of and be binding upon the parties together with their personal representatives, successors, and permitted assigns.
12.11. Joint and Several
Representations, warranties, covenants, or obligations, when of more than one Person, shall be deemed to be given by each such Person on a joint and several basis.
This Agreement is personal to the Client and the Client may not assign this Agreement or any of its rights or obligations hereunder.
All dirham amounts appearing in this Agreement are in UAE Dirhams unless otherwise stated.
The Client shall:
– Handle Udrive vehicles gently and with care, and adhere to applicable maximum and minimum speeds, as local speed limits and follow UAE traffic rules and regulations.
– At the Client’s sole expense, immediately inform the Traffic Police of any instances of collision, or damage to the vehicle resulting from force or accident, followed by informing Udrive. Udrive Customer Service Center.
– At the request of Udrive, the Client must transmit to Udrive a copy of traffic report or other documents related to the accident and in the Client’s possession.
– Secure the vehicle against theft (windows must be closed and central locking system enabled).
– Ensure that the vehicle is used only in a condition in which it is roadworthy and reliable.
– Drive in a manner that promotes vehicle fuel economy.
– Refuel the car only at the Petrol Stations of:
For Dubai Fleet: ENOC/EPPCO Gas station
For Sharjah/Ajman Fleet: ADNOC Gas station
For Abu Dhabi Fleet: ADNOC Gas station
– Bare the cost of refueling the car if it is outside the operating city.
-Not make any payments for fuel or anything else on behalf of Udrive, except if it confirmed in written or verbally by a Udrive Customer Service Representative. Client shall retain a copy of the fuel receipt and send it to
– Comply with all laws applicable to operation of the vehicle.
– Park the vehicle in accordance with the Parking Rules in the designated unlimited free and absolutely uncovered (no ceiling, wall, roof, tent or any other cover above the car) parking spaces in the business area assigned; or at any spaces for which Udrive has made a permission available at its own discretion again with no cover above the car
Client shall pay any fees or expenses:
– For any damages and costs resulting from the loss or theft of the foregoing items.
-For disputing a government or regulatory authority issued fine in advance.
– Notify Udrive of any tickets and/or warnings for traffic or driving offenses received while operating a vehicle or during the trip, including parking tickets. Regardless if Udrive is informed of any tickets or warnings for traffic or driving offenses, the Client agrees to bear all costs, fines and administration charges caused.
– Keep any passwords, PINs, or other similar types of access codes in strict confidence and not make passwords, PINs, or other similar types of access codes available to third parties, including noting passwords, PINs, At no time should a password, PIN, or other similar type of access code be recorded in written or electronic form. Client must pay for any associated costs and/or damages arising from unauthorized use by third parties. If a Client has reason to believe a third party may have obtained unauthorized knowledge of a password, PIN, or other similar access code, the Client must change the compromised password, PIN, or other similar access code or inform Udrive immediately.
– Provide and maintain current email, mobile phone, home address, mailing address, and other account information.
– At Udrive’s request, provide the precise location of any Udrive Vehicle being used by the Client.
– At Udrive’s request, allow the inspection of any Udrive Vehicle by Udrive or any third party.
The Client shall NOT:
– Use the vehicle while under the influence of alcohol, drugs, or medication that could adversely impact his/her ability to drive; drinking alcohol and driving is strictly prohibited (for alcohol as well as drugs, whether legally prohibited, prescribed or otherwise). We have a zero-tolerance policy.
– Allow third parties to drive a vehicle (including individuals who are themselves Clients, but who did not initiate the current trip).
– Give, lend, or provide a method of access to any third party who may then drive a vehicle.
– Drive the vehicle off paved roadways or in motor sports events or races of any kind.
– Engage in any distracting activity prohibited by applicable laws, rules, or regulations and/or use any hand-held electronic device while operating the vehicle.
– Use the vehicle for vehicle tests, driving classes, or to transport individuals as part of a commercial business.
-Verbal, physical, racist abuse and behavior against any Udrive employees through any communication channel will not be tolerated & can lead to termination of the contract & legal proceedings.
– Use the vehicle to transport flammable, poisonous, or otherwise dangerous goods for other than household use and in amounts greater than what is usually consumed in a household.
– Transport objects with the vehicle that could—due to their size, shape or weight—adversely impact the vehicle’s handling safety or damage the interior of the vehicle.
– Use the vehicle in the commission of a crime.
– Smoke or use tobacco products in the vehicle or allow passengers to smoke or use tobacco products in the vehicle.
– With the exception of a guide animal accompanying a client or passenger with a disability or a pet of a Client (which guide animal or pet must be stored in an airline-approved animal carrier), take animals into the vehicle.
– Excessively soil the vehicle or leave trash of any kind in the vehicle.
– Remove objects that are attached to the vehicle or form part of the vehicle’s equipment.
– Drive with more passengers than there are passenger seat belts in the vehicle or legally allowed.
– Personally, perform or authorize repairs or any conversions on or to the vehicle.
– Use the vehicle in an imprudent, negligent, or abusive manner, or in any other manner deemed inappropriate by Udrive, in its sole discretion.
– Use the vehicle to propel or tow any vehicle, trailer, or other object.
– Use the vehicle to carry persons or property for hire.
– Any costs, fines, damages or otherwise caused expenses through not adhering the points mentioned above will be charged to the account of the Client and payable with immediate effect through the committed payment channels.
User Provided Information
The Application obtains the information you provide when you download and register the Application. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the Application unless you register with us.
When you register with us and use the Application, you generally provide (a) your name, email address, age, user name, password and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) credit card information for purchase and use of the Application, and; (e) information you enter into our system when using the Application, such as contact information and project management information.
Automatically Collected Information
In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.
When you visit the mobile application, we may use GPS technology (or other similar technology) to determine your current location to show you a location map with relevant information as per our services offered. We may share your current location with other users or partners.
If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application. This might limit and affect the functionality of the App and our service.
We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information:
– as required by law, such as to comply with a subpoena, or similar legal process;
– when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
– with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
– if Udrive is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
Data Retention Policy, Managing Your Information
We will retain User-Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at [email protected] and we will respond in a reasonable time. Please note that some or all of the User-Provided Data may be required in order for the Application to function properly.
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at [email protected]. We will delete such information from our files within a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.