Platform Provider Agreement
drivehiway.com is a peer-to-peer car sharing marketplace provided by Hiway Cars, LLC. that enables Users and Providers to engage in and transact car sharing reservation contracts for third party cars.
Hiway services include our website, web widgets, feeds, applications for third-party websites and services, and any other mobile or online services and/or applications owned, controlled, or offered by Hiway (collectively the “Platform”).
The person or entity who is using Hiway’s Platform to book a vehicle for their use is referred to as a “User”.
The person or entity who is using Hiway’s Platform to share out their vehicle to the User is referred to as a “Provider”.
“Reservation” is a car sharing contract completed on the Platform.
“Authorized Driver” and “Additional Driver(s)” are Users who are registered as drivers on the car reservation completed on the Platform, are covered by Hiway insurance for the duration of current Reservation.
“Car” means any vehicle shared via the Platform.
“you” means every Provider or User; “Hiway”, “us”, “our” and “we” refers to Hiway Cars, LLC.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH OF THE PROVISIONS OF THIS AGREEMENT. YOUR USE OF THE PLATFORM MEANS THAT YOU UNDERSTAND AND AGREE THAT HIWAY CARS, LLC IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND VEHICLE OWNERS OR PROVIDERS, NOR IS HIWAY CARS LLC A TRANSPORTATION SERVICE, AGENT, OR INSURER. HIWAY HAS NO CONTROL OVER THE CONDUCT OF THE USERS, PROVIDERS OF VEHICLES, THIRD PARTY SERVICE PROVIDERS AND DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD.
1. Ownership and Registration.
When a Provider signs up for the Platform, they will identify passenger vehicle(s) that they wish to list for sharing through the Platform. Each vehicle must meet the requirements found in the User, Provider and Vehicle Eligibility Requirements document. You may only use the Platform in connection with vehicles that you own or otherwise have all rights and permissions necessary, including the right to share it for compensation. At Hiway’s request you agree to immediately provide documentation of legal Title and Ownership of your Car. A valid unexpired copy of the Car’s registration and Proof of Insurance must be located in the glove compartment of the Car at all times while the Car is listed on the Platform.
2. Vehicle Availability.
Provider should inform Hiway of the Car(s) available for share via Hiway Platform by filling out necessary forms as specified in the Platform Manual. Subject to the exclusivity provisions set forth herein, Provider has no obligation to make Vehicles listed available for share and may do so at its sole option on a case-by-case basis if so desired. Provider, however, may not cancel existing Reservation without incurring fees and fines.
3. Confirmation of Reservation. Failure to present the Car.
When a User requests a Vehicle that has been made available by Provider on or through the Platform, Hiway will send respective Provider a notification that one of Provider’s Car(s) has been requested. Provider will then have three (3) hours to respond via e-mail or by updating the Platform to confirm to Hiway that the Vehicle will be available during the time period requested by the User (“Confirmation.”) If Platform does not receive the confirmation within the three (3) hour time frame, you agree that Hiway will have the right to locate an alternative vehicle (including Cars provided by a different Provider).
If you confirm that the applicable Vehicle will be available and accept such offer from the User, and later, after completing the Reservation, you fail to deliver such vehicle(s), you agree to make available replacement Vehicle(s) in a classification similar to the Vehicle(s) originally confirmed. If you fail to provide such replacement Vehicle(s), you will be responsible for all costs, expenses and claims that Hiway incurs.
4. Vehicle Pick-up and Drop-off
Once a Reservation is confirmed, Provider must make the vehicle available or deliver the vehicle as described in the Reservation. Provider is responsible for arranging the delivery and pick-up of the Car(s). Provider expressly acknowledges and agrees that Hiway is not responsible for inspecting the Vehicle for damage at pick-up or upon return and that Hiway assumes no liability for any damage to or loss of the Vehicle in connection with this Agreement.
In order to qualify for Platform insurance and related protections, before Supplier provides the prospective User with vehicle, PROVIDER MUST VERIFY THAT THE USER HAS A CURRENT UNEXPIRED VALID DRIVER’S LICENSE which matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on their driver license.
5. Fee Schedule
Although you are the Provider and/or the owner of the Vehicle(s), you agree that Hiway may, at Hiway’s sole discretion, establish the daily rates that Users will have pay for the Reservation of your vehicle(s) (“Reservation Fee”). You agree to the fees and charges, terms of sale, and payment and billing policies applicable to your use of the Platform as stated in our Fees and Fines Policy incorporated herein by reference. Hiway may add new Platforms or additional fees and charges, or amend fees and charges for existing Platforms, at any time in its sole discretion. All fees and charges for your use of the Platform are non-refundable, except as may be expressly stated in the Fees and Fines Policy.
Hiway will calculate the Reservation fee on your behalf, which means processing the User’s payment method, retain a commission as described in the Fees and Fines Policy and remit monies to your Account. Hiway will remit payments due to you no later than thirty (30) calendar days after the end of each calendar month in which the applicable fees are received. Payment will be in the form you select when you register for the Platform, or subsequently updated as permitted by the Platform. Payments shall only be made in those months in which the amount due to you totals at least $100.00. Unpaid amounts due will accrue until the next month in which the amount due is at least $100.00.
Hiway reserves the right to withhold payment or charge back to your Account any amounts otherwise due under this Policy, or any amounts due as a result of a breach of any applicable Agreements and/or Policies by you, pending reasonable investigation of such breach. To ensure proper payment, Providers are solely responsible for providing and maintaining accurate contact and payment information associated with their Account(s), which include, without limitation, applicable tax information. If Hiway believes that it is obligated to obtain tax information and you do not provide such information after we requested it, we may withhold Supplier’s payments until Hiway receives this information or otherwise satisfy us that Provider is not a person or entity from whom Hiway is required to obtain tax information. Any bank fees related to returned or cancelled checks due to a contact or payment information errors or omissions may be deducted from the newly issued payment. Provider agrees to pay all applicable taxes or charges imposed by any government entity in connection with Provider’s participation in the Platform.
If disputes arise, Provider must notify Hiway in writing within thirty (30) calendar days of any payment dispute; failure to notify Hiway will result in the waiver of any claim relating to any such disputed payment. Payment must be calculated solely based on records maintained by Hiway. No other measurements or statistics of any kind shall be accepted by Hiway or have any effect under this Agreement. To the extent Provider owes Hiway money for any reason, Hiway also reserves the right to deduct those amounts from payment due Provider.
7. Taxes and Airport Access or Permit Fees
Provider understands and acknowledges that appropriate governmental agencies, departments, or authorities may take the position that Provider owes taxes or fees in connection with your use of the Platform. Provider must familiarize themselves with applicable taxes and fees and consult with their tax professional. Some airports may require a permit to use airport premises and may demand fees.
Hiway does not believe that shared car permits should apply to peer-to-peer carsharing; not all airport authorities agree with this position. Hiway shall be kept harmless in any such disputes and possible fines and penalties.
Providers are solely responsible for keeping their vehicles in good working order and perform scheduled maintenance for their Cars in accordance with all government and manufacturer recommendations. The Platform may make certain assumptions about Provider’s Maintenance requirements based on information Platform has about your vehicle. Only vehicles with a clean, non-salvaged, non-washed, and non-branded title are eligible to be listed on the Platform. Provider agrees to respond to any applicable recall or similar safety notices and to complete any necessary or recommended action in a timely manner, before allowing affected Car to be reserved. Upon request by Hiway, Provider must provide proof of Maintenance to Hiway, in the form of acceptable documentation signed by professional who performed maintenance, or a Hiway approved vendor, or, if available, a proof of maintenance feature on the Platform.
If Hiway believes that a particular Car does not conform to reasonable standards, Hiway may notify Supplier and reserves the right to remove or decline listing your vehicle until its concerns are resolved. Hiway may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Platform. Learn more about our vehicle eligibility requirements the User, Provider and Vehicle Eligibility Requirements document.
9. Safety is a Priority
Providers are responsible for maintaining their Car in a way that is safely operable by any qualified User. Providers may not perform any modifications, devices, equipment, or other items that may interfere with the safe operation of the vehicle.
Providers are responsible for making sure that Car is clean at the start of each Reservation period. Users are responsible for an excess Wear and Tear or excessively dirty car that may require professional cleaning and may be charged cleaning fees if necessary.
11. No Smoking
All Cars are designated as NON-SMOKING CARS. Users or their passengers are not permitted to smoke in the car and may be charged an extra “Smoking Odor Removal” fee of $25 for smoking in the Car.
12. Personal Belongings
Both Provider and User should ensure that the Car is clear of personal belongings before and after each trip. Hiway as a courtesy will attempt to retrieve left behind User’s items if possible and will return them to the User at User’s expense if User so desires.
Additionally, Parties understand and agree that personal items left in the car are not covered by Hiway’s insurance policy before, during, or after a Reservation, as outlined in the Insurance Summary. You understand and agree to remove personal belongings from the Car before and after each Reservation.
Providers are responsible for keeping the fuel tank above 1/4 full at all times when the Car is available for Reservations. The fuel tank must be at or above 1/4 full at the start of each Reservation period. The User must refill the fuel used during a trip and may be charged fees for failing to refill all gas used. The fuel level as well as mileage should be noted at the beginning and end of each reservation. If User fails to refuel the car, they may be charged a service fee and the price of fuel.
Provider agrees that if there is any electronic toll-paying device in their car, similar to FasTrak or EZ-Pass, the Provider will be responsible for the paying all tolls billed to that device, regardless of whether they occur during a Reservation, unless other arrangements with User are made. Provider also understands and agrees that they are solely responsible for keeping their Car’s license plate information up-to-date on their car’s toll service accounts. Provider is also responsible for toll violations incurred as a result of failing to update their toll-paying account with necessary information such as credit card expirations, license plate changes, etc. as required by toll-collecting agency.
15. Spare Key Availability
Provider agrees to always keep one key with the Car and a spare key in a safe place reachable by Provider outside of the Car if a key is lost. User will be responsible for a replacement key purchase as well as incidental expenses related to obtaining the missing or replacement key, such as locksmith services, etc. Please refer to our Fees and Fines Policy.
16. Contact and Emergency Help Information
Provider agrees to keep an up-to-date phone number and email on their account in case Hiway or a User needs to contact them for reasons related to your Car, such as towing, emergency matters, etc. Providers agree to maintain contract or a membership in AAA or similar emergency road service provider and supply their contact information to the User in the beginning of each Reservation.
17. Provider Responsibilities
Providers are solely responsible for all traffic violations, tolls, towing charges, damage, and other fines, obligations, and losses incurred in relation to the Car incurred outside of the Reservation.
18. Insurance: Comprehensive and Collision Coverage. Deductible Applies
The collision and comprehensive coverage provided protects parties in the event of an accident or other loss. It covers the vehicle against theft, fire, vandalism, weather damage, and any damage to the vehicle if an accident should occur up to the actual cash value of the vehicle (with a limit of $75,000). A $1,000.00 (One Thousand Dollars) deductible applies and will be charged to the User for all physical damage and accident claims. If User has violated Hiway’s Terms of Service, the deductible does not apply, and the User may be held responsible for the full amount of the claim.
Provider’s Car is covered by Hiway’s insurance policy only during a valid Reservation period. The terms of coverage are outlined in our Insurance Summary.
19. Proof Insurance Policy
Provider agrees to keep in the Car, at all times, a proof of insurance as required.
20. Filing a Claim
If your Car is damaged during a Reservation, it is the responsibility of the User to gather relevant information and submit an insurance claim. If you discover unreported damage, you are required to file a claim by emailing [email protected] as soon as you become aware of it (and in any event, no later than 24 hours after the end of the reservation) and to provide reasonable cooperation in the investigation of the damage, for Hiway insurance coverage to apply.
In filing a claim, Provider agrees to abide by the same insurance claims process stated in our Platform User Agreement. You understand and agree to detail the full nature of the claim and allow time for damage or loss assessment, dispute arbitration, or remediation at Hiway’s sole discretion. If Hiway is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by Hiway 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.
21. Wear and Tear Policy
Hiway does not insure for normal wear and tear. Normal “wear and tear” that results from the normal use of a vehicle is an inherent part of sharing or using a car. The Provider is never “protected” against normal interior wear and tear. The Provider is responsible for normal car upkeep, since all cars experience reasonable wear and tear with use. Users are not responsible for wear and tear or pre-existing damage that was reported at the start of the trip or is found to have been in place before your trip began. However, Users are fully responsible for:
any excessive wear or damage related to abuse or neglect of the vehicle.
serious damage to the inside of the car, including gouges, tears, and punctures.
any mechanical damage resulting from a guest’s negligence, intentional acts, or improper driving such as clutch damage from rough driving, suspension damage from running over speed bumps at high speed or into curbs, etc.)
22. Repair Estimates
Parties understand and agree that, in assessing any damage or loss, Hiway will utilize a professional appraiser, a vendor approved by Hiway at Hiway’s sole discretion or a professional insurance adjuster selected by the insurance provider representing the liable party.
23. Missing Vehicles.
If a vehicle during Reservation goes missing, is not returned and/or is stolen during the reservation (or extended reservation) period, User must immediately contact a Hiway representative and follow their instructions, including cooperating with Hiway, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by Hiway to file a police report, you must do so within 24 of receiving those instructions.
In addition to the amount due, delinquent Accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent Accounts and/or chargebacks including, but not limited to collection fees and/or convenience fees and/or other third parties charges. You hereby explicitly agree that all communication in relation to delinquent Accounts will be made by any means that are legal and necessary, for example, by electronic mail or by phone. Such communication may be made by Hiway or by anyone on its behalf, including but not limited to a third-party Collection Agency.