Birmingham Auto Rental Sharing

Agreement

Please refer to this document if you need evidence of your transaction during or after your trip (for instance, when interacting with law enforcement, insurance providers, roadside service providers, impound lot attendants, etc.).

Coverage

In addition to any personal insurance coverage the guest may have, Birmingham Auto Rentals offers supplementary protection with varying levels of out-of-pocket maximums, which the guest may or may not have purchased. See below for details of this agreement.

PLEASE NOTE

The guest is financially responsible for any covered damage to the host’s vehicle, up to their purchased protection plan’s out-of-pocket maximum listed below, regardless of whether or not the damage was their fault.

The person or entity identified as “Host” and the person identified as “Guest” on the Trip Summary above were connected online through a website, mobile application, and/or associated services provided by Electric Vehicles of Birmingham, LLC dba Birmingham Auto Rentals.

(collectively, the “Birmingham Auto Rental Services”). As part of connecting through the Birmingham Auto Rental Services, the Host and Guest agreed to be bound by the Terms of Service (https://birminghamautorentals.com/terms) and incorporated policies.

There is important information below that you should review and understand, regardless of whether you are a Guest or Host. The above Trip Summary and this Car Sharing Agreement are collectively referred to as the “Agreement” and relate to the Trip detailed in the Trip Summary.

1. DEFINITIONS

1.1 “Approved Driver(s)” or means any individual in addition to Guest who is approved by Birmingham Auto Rentals to operate the Vehicle and identified on the Trip Summary as APPROVED DRIVER(S).

1.2 “Extras” means but is not limited to optional child seats, global positioning systems, ski racks, toll transponders and/or other products and services selected by Guests.

1.3 “Guest” means the person, or entity identified on the Trip Summary as “GUEST”.

1.4 “Host” for the purposes of this Agreement means Electric Vehicles of Birmingham, LLC dba Birmingham Auto Rentals.

1.5 “Reservation Period” means the period between the time Guest takes possession of the Vehicle until the Vehicle is returned or recovered and in either

case, checked in by Guest.

1.6 “Vehicle” means the “VEHICLE” identified on the Trip Summary.

2. TERMS

2.1 Ownership. The Vehicle and any Extras are, by ownership, beneficial interest or lease, property of Birmingham Auto Rentals.

2.2 Vehicle Condition/Warranty Exclusion. Guest agrees Guest received the Vehicle and any Extras in good physical and mechanical condition, unless otherwise identified in Trip Photos. Guest is taking possession of the Vehicle and any Extras “as-is” and has had an adequate opportunity to inspect the Vehicle and any Extras and their operation. Host excludes all warranties, both express and implied, with respect to the Vehicle and any Extras, including any implied warranty of merchantability or fitness for a particular purpose. Guest agrees not to alter or tamper with the vehicle or any Extras. If Guest, or other approved drivers, determine the Vehicle or any Extra is unsafe, Guest or shall stop operating the Vehicle and any Extra and notify Host immediately.

2.3 Personal property, including personal information and data. Host is not responsible for any damage to, loss or theft of, any personal property of Guest or data contained therein, whether the damage or theft occurs during or after termination of the trip regardless of fault or negligence. No bailment is or shall be created upon Host, whether actual, constructive or otherwise, for any personal property carried in or left in the Vehicle or on Host’s premises. Guest acknowledges that any personal data or information downloaded or transferred to the Vehicle may not be secure and may be accessible after the Reservation Period. Guest releases Host from any liability resulting from or otherwise arising out of any such data or information being accessed and/or utilized by a third party.

2.4 Vehicle Return. Guest agrees to return the Vehicle and any Extras to Host on or before return date to the address stated on the Trip Summary or on Host’s demand and in the same condition as received, ordinary wear and tear excepted. Extensions to Reservation Period are at Host’s option. If Guest or Approved Driver(s) continue to operate the Vehicle after the right to do so is terminated, Host has the right to notify police that the Vehicle has been embezzled and/or stolen under the applicable motor vehicle statutes. Guest or Approved Driver(s) hereby release and discharge Host from and indemnify, defend and hold Host harmless against any liability arising from such notice.

2.5 Smoking. Guest agrees that Vehicle is a non-smoking vehicle, and that no smoking is permitted in the vehicle. A Guest that violates this 2.5 may be subject to a smoking fee up to $500, or the cost to repair the damage, whichever is greater. This fee shall be billed to the Guest’s card on file. In the event the charge does not approve through Guest’s card on file. Guest shall promptly pay Host within 36 hours via credit or debit card.

2.6 Cleaning. Guest agrees that Vehicle is to be returned in same condition as found. Should any of the following be found in the vehicle, Electric Vehicles of Birmingham, LLC dba Birmingham Auto Rentals may charge

• Biowaste or bodily fluids 

• Spills or waste that requires cleaning inside of vents or between the door panel and window

• Major stains or residue that covers a large area of the vehicle’s interior and would require steam cleaning or a full detail

• An extreme amount of caked on mud, dirt, sand, or insects that requires  professional-level exterior detailing

• Significant amounts of pet hair 
  
  A Guest that violates this 2.6 may be subject to a cleaning fee of $250, or the cost to repair the damage, whichever is greater. This fee shall be billed to the Guest’s card on file. In the event the charge does not approve through Guest’s card on file. Guest shall promptly pay Host within 36 hours via credit or debit card.

2.6 Guest Protection Plans. The Guest protection plan represents the amount the Guest must pay in the event of damage to the Vehicle. If the Guest protection plan has an “Out-of-Pocket Maximum,” that amount represents the maximum a Guest will pay Host for amounts owed as a result of damage to the vehicle. Exceptions and exclusions apply.

2.7 Guest Financial Responsibility is Primary. As outlined in Birmingham Auto Rental’s Terms of Service, with regard to physical damage to or theft of the Vehicle that occurs during the Reservation Period, Guest is financially responsible, regardless of who is found at fault. This responsibility applies whether Guest has their own auto insurance or not. Guest will work with Host to make a claim for coverage under any policy of insurance that applies to the loss if any damage occurs to the Vehicle during the Reservation Period. Any protection plan selected by Guest when booking a vehicle, to the extent offered, will not be available until all personal insurance options, protection and/or coverage have been exhausted.

2.8 Telematics Notice and Release. The Vehicle may have features or an on-board device that may monitor the state of the Vehicle from moment to moment, during the Reservation Period. The non-personal information collected by the features or on-board device may include, for example, the Vehicle’s condition; damage and accident records; performance, operation and diagnostic data; and information on mileage, acceleration, velocity, fuel consumption, fuel level, tire pressure, odometer, location and direction, and other vehicle information (“Vehicle Data”). Use of the features or on-board device is subject to the terms and conditions posted by the vehicle manufacturer or technology provider, which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information, and user responsibilities. Unless prohibited by law, Guest authorizes the use or disclosure of or access to the Vehicle Data and Guest shall inform any and all Approved Driver(s) and passengers of the terms of this section. Guest releases Host and agrees to indemnify, defend and hold harmless Host, operator of the features or on-board devices, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation Guest, an Approved Driver(s) and passengers) or property caused by failure of the features or on-board device to operate properly or otherwise arising from the use of the feature or on-board device by Guest, an Approved Driver or Host.

3. GENERAL. In case any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. The waiver by either party of any right under this Agreement or failure to perform or of a breach by the other party shall not be deemed a waiver of any other right under the Agreement or of any other breach or failure by such other party whether of a similar nature or otherwise. This Agreement cannot be altered by another document or oral agreement unless agreed to in writing.