Platform User Agreement

Definitions

  • 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.

Disclaimer

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.

The following Sections apply if you, the User, enter into a Reservation for a temporary use of a vehicle using the Platform:

Fees 

Users are responsible for paying all fees when they come due. You authorize Hiway to charge any payment method associated with your account for all amounts due, including but not limited to processing fees, other fees, fines/penalties, deductibles, and damages. Additionally, you represent and warrant that you have the right to make this authorization. For more details about fees and payments that User may incur check our Fees and Fines Policy.

Authorized Drivers Only

Only Hiway Approved Users can book and drive a car during a Hiway reservation. To be an “Approved User” means that the User has provided and updated all required documentation, continues to meet all Hiway User, Provider and Vehicle Eligibility Requirements, and is currently in good standing.

Users understand and agree that, if they plan to permit someone else to operate a Car during a Reservation on their Account, such person has to be

  • an Approved User on the Platform, and
  • be listed as an Additional Driver on the current Reservation

If this person is not listed as an Additional Driver on the current Reservation and is found to be operating a Car during your Reservation, you may be fined in accordance with our Fees and Fines Policy. Further, you understand and agree that you are solely responsible for any damage, loss, claims, and liability arising from any actions taken by a driver other than Authorized or Additional Driver for this Reservation. Hiway’s insurance policy will not cover any third person drivers unless they are a User in good standing and are included as an Additional Driver at the time of your Reservation.

Driving Record

If a User becomes involved any traffic accident or driving violation that affects their eligibility as an Authorized Driver on the Service, they can continue to finish current Reservation but will be precluded from any new Reservations until their status is User in good standing.

Use of the Vehicle 

When User books a vehicle from a Provider through Platform, they must use the vehicle only for their personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Uber or Lyft) unless User has express written permission from Hiway’s Legal Department in advance. You may not access a vehicle until the beginning of your Reservation period (or an Extension if properly Reserved) and you must return the vehicle on time and to the correct, agreed upon location. You must exercise reasonable care in your use of the vehicle. You are required 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 Hiway has a reasonable concern about your use of a vehicle, Hiway may terminate your Reservation in its sole discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the Provider. 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 obey any laws or regulations concerning child car seats and other protections for children.

Vehicle Pick Up and Drop Off

Hiway offers a meeting  point that it is convenient for both Provider and User to pick up and drop off the Vehicle. This will give them a chance to properly inspect the condition of the vehicle, amount of fuel, and let the User ask necessary questions about details of the vehicle controls, such as windshield wipers, lights, etc., as they may vary from makes and models.

Prohibited vehicle uses and activities

  1. Permit someone who is not an Approved or Additional Driver to drive a vehicle booked via Hiway Platform.
  2. Allow the vehicle to be pushed or towed by anyone other than an authorized law enforcement or service vehicle.
  3. Use a vehicle booked through Platform
    • to tow or push anything unless specifically permitted during Reservation;
    • drive on roads other than on paved roads (whether “off-roading,” driving on unimproved roads or parking areas, or otherwise);
    • in any race, test, or competition;
    • with the intention to cause damage, or with wanton, willful, or reckless disregard for safety;
    • to carry persons or property “for hire” or to carry persons or property for compensation or a fee, including, but not limited to, taxi services, TLC services, and/or parcel, food, or grocery delivery services.
    • EXCEPTION: You may use the car for business purposes, such as attending meetings and carrying associated materials;
    • Using vehicles without a reservation or outside of your Reservation time constitutes unauthorized use;
    • during or as part of the commission of a crime or any other illegal activity or purpose;
    • while the driver is under the influence of:
      • alcohol above the legal limit;
      • any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended;
    • when vehicle has been loaded beyond its rated capacity or with more passengers than the vehicle has seat belts for;
    • outside United States or Canada;
    • without a valid driver license, or if you do not meet our User Eligibility Requirements. It is User’s responsibility to inform Hiway when your license is expired or suspended, or if you believe you may no longer meet Eligibility Requirements;
    • to transport any flammable, toxic, volatile, poisonous, dangerous, noxious or illegal substances;
    • to transport a pet without the host’s explicit consent, except in the case of service animals as defined by the Government.  Users who bring service animals on their Reservation may be subject to cleaning fee if extra cleaning was necessary. Please refer to our Fees and Fines Policy.
  4. Making any alterations, additions or improvements to any vehicle.
  5. Smoking in the car.
  6. Fueling a vehicle with an improper type of fuel.
  7. Leaving a vehicle unattended while its engine is running or with the keys in the vehicle.

If you have any questions or concerns about your anticipated use, please contact [email protected]. You will be fully financially responsible for any claims, loss, or damage related to your neglect or misuse of a vehicle, and your protection package may be voided if insurance company finds you in violation of the insurance policy. Users also acknowledge that using a vehicle in a prohibited manner or otherwise breaching this Agreement may lower the traveler’s liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection where allowed by applicable law.

Condition of the Vehicle 

You understand that third parties own the vehicles offered through the Platform. Each Provider is responsible for complying with all legal requirements (including ensuring the vehicle is properly registered and insured) and maintain their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. We suggest taking pictures of the Car and document any damage you may find. If you find damage in your initial inspection, you should send the photos of such pre-existing damage at the start of your reservation via email at [email protected] to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Hiway, third party claims adjusters, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; in that event, please contact the Hiway team immediately at [email protected]

Proper Care

You understand and agree that you must return the Car in the same condition as at the start of your Reservation. You further understand and agree that returning a Car in an unclean state, such as with excessive dirt or mess, normal wear and tear excluded, may result in charges outlined in our Fees and Fines Policy.

Maintenance and Repairs

Users are not responsible for routine maintenance and repairs of a Car. Insurance will cover damage resulting from accidents as defined in the insurance policy (please familiarize yourself with the Insurance Summary.  You may be held liable for the repair cost for misuse or willful damage to the car, or failure to timely report of any accidents or damage to the vehicle.

Fuel

You agree to return the car with at least the same amount of fuel in the tank as there was at the start of your Reservation. If the fuel is not filled back to the level present at the start of your Reservation, you may be charged fees in accordance with our Fees and Fines Policy. You further agree that you are responsible for refueling the car with the correct fuel type and you accept full liability for any damage or loss caused by refueling a Car with incorrect fuel type. If vehicle has more fuel than when your reservation started, no credit will be issued.

Traffic Tickets and Moving Violations

You understand and agree that you are solely liable for traffic tickets and moving violations, and any other traffic violations that occur during your Reservation, including all resulting fines and fees. You understand and agree that Hiway may choose to challenge, settle, or assign your violations that occur during your Reservation; and you authorize Hiway to release information relating to your account to any government agency or court necessary to settle such claims.    

Parking Tickets and Street Parking

You understand and agree that you are solely liable for parking tickets and citations that occur during your Reservation, including all resulting costs such as towing, impound, retrieval, and administrative charges. You agree to pay these fees in a timely manner and to comply with all legal obligations that arise from such violations. If you street park a Car at the end of your Reservation, you understand and agree that you will park such Car on the street legally and in compliance with all posted signs and laws, including curbing of the Car wheels as required, in a spot that is legal, unrestricted, and not subject to ticketing, towing, impound, or citation for at least an hour to allow for the Provider to take back possession of the Car.

Tolls

You are solely responsible for paying all tolls in a timely manner and for complying with all legal obligations. For a Car registered with an electronic toll payments, such as FasTrak or EZ-Pass, you understand and agree that your Payment Method with our Platform will be automatically charged for the price of the toll at the rate specified, along with any toll fees specified in our Fees and Fines Policy except if other provisions are made.

Roadside Assistance

We may provide roadside assistance for accidents and breakdowns that occur during a Reservation. If roadside assistance is not available during a Reservation for any reason, or, if your own negligence contributes to the breakdown or need for roadside assistance, you understand and agree that you are solely responsible for all roadside assistance costs, including all resulting costs such as towing, impound, retrieval, and administrative charges, and that you may be additionally charged in accordance with our Fees and Fines Policy.

Accident or Vandalism Reporting Requirement

You must immediately report any damage to the vehicle you are using to Hiway at claims@drivehiway.com. If you were involved in an accident, you must notify the police and obtain a police report. You understand and agree to file a claim no later than 24 (Twenty-Four) hours after the incident for Hiway insurance coverage to apply, unless you are rendered incapable of doing so (a written proof of this condition will be required). You understand and agree to detail the full nature and extent of the claim and allow time for damage or loss assessment, dispute arbitration, or remediation at Hiway’s or insurer’s  discretion. You understand and agree that failure to timely file a claim you may forfeit Hiway insurance coverage for your Reservation; then you will be solely responsible for all repairs and any loss or liability arising from the incident.

You must use reasonable efforts to secure evidence from any available witnesses and to provide Hiway or third-party claims adjusters 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 Hiway, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of Hiway staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate your insurance protection.

If Car Was Stolen 

It is a felony in most states to fail to return a Reserved car within a certain period of time after the reservation period has expired. The following conduct may result in the reporting of the vehicle you have reserved as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your insurance coverage and/or protection package:

  1. If you fail to return the vehicle you have booked at the time and place agreed upon with the host and/or designated in your reservation;
  2. 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; or contacted Hiway at [email protected].
  3. If vehicle is returned to place other than the return location on the reservation or agreed upon with the owner. Any damage to, loss or theft of vehicle occurring prior to the Provider inspecting the vehicle upon return at the end of the reservation is the user’s responsibility;  
  4. If you misrepresent facts pertaining to booking, use, or operation of vehicle;  
  5. If the vehicle’s interior components are stolen or damaged when vehicle is unlocked, or keys are not secured during the reservation period.

If you fail or refuse to communicate in “good faith” with Provider, police, Hiway, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism;

If the vehicle was or is operated by anyone but Authorized User or Additional Driver as designated during the reservation on the Platform.

Insurance: Comprehensive and Collision Coverage – Deductible Applies

The collision and comprehensive coverage provided protects the vehicle 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 Terms of Service, the deductible does not apply, and the User may be held responsible for the full amount of the claim.  

Repossession 

Hiway, or an agent of Hiway or the Provider may repossess any vehicle booked through the Platform without demand, at User’s expense, if the vehicle is not returned by the end of the reservation, or apparently abandoned, or used in violation of applicable law or this Agreement.

Missing Vehicles 

If a vehicle you reserved through the Platform goes missing and/or is stolen during the reservation or extension period, you must immediately return the original ignition key to the Provider; file a police report immediately but in no event later than 24 hours after discovering the vehicle is missing or stolen, and fully cooperate with Hiway, Provider, police, insurance, and other authorities in all matters related to the investigation.

Cancellations

You agree and understand that canceling a Reservation may result in your primary credit card on the Service being charged as outlined in our Fees and Fines Policy.

Late Returns

You agree and understand that returning a vehicle late, after the end of your Reservation, may result in additional fees as outlined in our Fees and Fines Policy.‍‍

Service Violations

You agree that any violation of this User Agreement or our Terms of Service from actions taken by you may result in costs charged to your account, at Hiway’s sole discretion, to recover all resulting and administrative costs as described in our Fees and Fines Policy.

Insurance Coverage

During your Reservation the Car is covered by Hiway’s insurance policy. The coverage starts at the start of Reservation and concludes at the end of the Reservation. You agree that you have reviewed the terms of coverage are outlined in the Insurance Summary.

Negligence, Misuse, or Breach

You understand that any negligence, misuse, or breach of this User Agreement or our Terms of Service may void your Hiway insurance coverage and that you will be solely liable for any damage, liability, or loss arising from your actions.

Damage Assessment

You understand and agree that, in assessing any damage or loss, we will utilize the services of a professional vendor approved by Hiway at our sole discretion or an approved vendor selected by insurance provider representing the liable party.

Personal Belongings

You 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 our Insurance Summary. It is your responsibility to remove personal belongings from the Car when you are not present with it. Hiway, as a courtesy, will attempt to recover and return your left behind items if possible, at your expense.