ekar Member Agreement
IMPORTANT – PLEASE READ CAREFULLY
Please read this Agreement carefully prior to registration. It explains your rights and duties as an ekar member.
By submitting your registration for ekar membership you agree to abide by this Agreement and you understand and accept that you give up certain legal rights. You also confirm that the information you provided in your registration form is complete and accurate and that you meet the eligibility criteria to become an ekar member (see the “ Eligibility Criteria” section below).
You further understand that we may, in our sole discretion, reject your application for ekar membership, whether or not you meet the eligibility criteria. You also understand that we may change the eligibility criteria for ekar membership or any part of the ekar car-sharing program, or change the ekar Member Agreement at any time.
YOU MAY CANCEL YOUR ekar MEMBERSHIP AT ANY TIME BY NOTICE TO US IN WRITING. FEES AND OTHER CHARGES ARE NOT REFUNDABLE EXCEPT WHERE REQUIRED BY LAW.
Your ekar Member Agreement
What your ekar Member Agreement Covers
This is the ekar member agreement, which sets out the conditions of ekar membership and the terms under which you may participate in the ekar Car-Sharing Program. We will refer to the ekar member agreement as “this Agreement”.
The following topics are covered by this agreement:
- Fees, Rates, Charges and Payment
- Rental Process
When this Agreement refers to “you” or “your”, it means the person who has applied for ekar membership by submitting a registration or in any other way that we make available from time to time. When this Agreement refers to “we”, “our” or “us’, it means ekar Carshare LLC.
This Agreement contains a number of capitalized terms. These terms have specific meanings and are defined in the glossary found at the end of this Agreement.
How this Agreement may be Amended
You agree that we may amend, supplement or replace this Agreement or any part of it (including other Documents) at any time. If we make changes to this Agreement, we will let you know by sending an email to the email address you have provided to us on registration at least 10 days before the changes come into effect.
You are deemed to have received and read the changes, and agreed to be bound by them, if you make a reservation, use a Vehicle, access your member account or use any other ekar features or services after the changes have come into effect. Nevertheless, we may ask you to read and confirm your agreement with any changes to this Agreement when you make a reservation, access your member account online, use the ekar app or other ekar membership features or services.
For your convenience, we will also make the most recent version of this Agreement (including all other Documents) available online at www.ekar.ae for viewing, downloading or printing. You can also request copies over the phone 800693527 or by e-mail (at firstname.lastname@example.org).
How to Become an ekar Member
To become an ekar member and to use our ekar Car-Sharing Program, you must:
- register with us by one of the methods that we make available from time to time;
- meet the eligibility criteria to become an ekar member and to use the Vehicles;
- be approved by us as a member; and
- pay the applicable ekar registration fee.
By applying for ekar membership you confirm that the registration information you have provided is complete and accurate and that you meet the eligibility criteria to become an ekar member. You also understand that we are relying on your confirmation in evaluating your application.
You can register for ekar online at www.ekar.ae
During the registration process you will be asked to provide personal information (such as your name, gender and date of birth), contact information, driver’s licence information and a valid credit card. Your contact information must include a valid email address and a valid mobile telephone number.
You must notify us if there are any changes to the contact information you provided so that we can continue to send you confirmation and keep you updated.
We will use this information, among other things, to determine your eligibility for ekar membership and ekar Car-Sharing Program, to manage your ekar membership and member account, and to provide the ekar Car-Sharing Program to you and to bill you for your use of the ekar Car-Sharing Program and related charges described in our Rate Schedule. For more details on how we use your personal information, please see the “Protecting Your Privacy” section below.
You must meet and maintain the following eligibility criteria to become and remain an ekar member and to use our Vehicles:
- be at least 21 years of age;
- hold a valid Driver’s License;
- submit a copy of your ID front and back;
- submit a copy of your driver’s license, front and back;
- submit a copy of your passport, including visa stamp if you have a non-UAE driver’s license.
By applying for ekar membership, you authorize us to check your driving license, UAE ID card or your passport including visa stamp to check whether you meet the ekar eligibility criteria. We may make these checks as part of approving your membership application but have no duty to do so.
You understand that you will not automatically become an ekar member merely because you satisfy the ekar eligibility criteria and that we may or may not approve you as an ekar member in our sole discretion .
If, for any reason, your ekar membership was declined (for example because you do not meet the eligibility criteria or we did not receive your documents in time) or terminated, there is no need for you to set up a new Member account. Simply contact us by email at email@example.com and provide your initial registration information or old ekar member number, if available, together with any new or outstanding information (such as an updated driving record) you would like us to consider as part of your membership application. If we approve your ekar membership, your previous registration can be re-activated.
Payment of Fees
Once we have approved you as an ekar member, we will charge the ekar registration fee and annual ,we will charge the ekar registration fee to the credit card you provided as part of your registration. and to you must pay an initial registration fee.
Becoming an ekar member does grant you unlimited rights to participate in the ekar Car-Sharing Program. You may use Vehicles and other membership services or features only in accordance with the most current version of this Agreement, and subject to availability and subject to any other limitations or requirements.
We may make additional types or classes of ekar membership available in the future and will inform you if we do so.
Once we have approved you as an ekar member, your membership is for an indefinite term, unless it is terminated in accordance with this Agreement or cancelled in accordance with your statutory rights.
ekar App and ekar Membership Card
Please use the ekar app to access many of the ekar features or services through your smartphone or tablet, including accessing your ekar account, locating and reserving Vehicles, and the Call Centre (800693527).
We will also call you to setup an appointment where you can pick up your ekar membership card or to deliver it to the address you provided to us during registration. Embedded in your ekar membership card is a unique radio frequency identification (or RFID) chip. The RFID chip will allow you to access our Vehicles and also allow us to track the length of each your Rental Periods.
The ekar membership card will remain our property at all times and you must return it to us upon request. Further, you are prohibited from doing any of the following with your ekar membership card:
- removing the RFID chip from the ekar membership card;
- reading, copying, or manipulating the RFID chip; or
- permitting another person to use your ekar membership card.
You must let us know immediately by calling the Call Centre (800693527) if your ekar membership card is lost, stolen, damaged or not functioning properly or your smartphone or tablet with the ekar app is lost or stolen. This is necessary so that we can prevent improper use or any damage to any of our Vehicles or equipment. If you fail to let us know immediately, you will remain responsible to pay any fees or charges incurred under your ekar account as well as for any damage to our Vehicles or equipment as a result of another person using your ekar membership card, ekar app or login information.
Moreover, you must pay for the cost of replacing your lost, stolen, damaged or unreturned ekar membership card. Please see the attached Rate Schedule for more details on the applicable charges.
Your ekar Account
To create your ekar account, you will be required to provide an email address as your username and a unique password (in addition to the other required registration information). You must keep your password strictly confidential at all times, must not make them available to others and must not allow others to use your username and password to access the ekar app or ekar website through your account.
You agree to access only the authorized sections of the ekar app, the ekar website and your ekar account only by using your username and password. You agree to take all necessary steps to prevent others from obtaining your username or password and to notify us of any unauthorized access of your ekar account, the ekar app or the ekar website. You will be responsible to pay for all associated costs or damages arising from others using your ekar account, whether through the ekar app, the ekar website, or otherwise, with or without your permission or knowledge, occurring before you notify us of such unauthorized use.
You also agree that you do not acquire any rights of use or ownership as a result of using your ekar account, the ekar app, the ekar website or any services, features or other parts of the ekar Car-sharing Program.
If you use ekar Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
Changes in Status
At any time during your ekar membership, you must immediately let us know if any of the events listed below occur. It does not matter whether these events occur in UAE or anywhere else in the world or whether they occur in relation to your use of a Vehicle or otherwise:
- when your Driver’s License has been suspended, expired, surrendered, withdrawn, lost or is no longer valid for any other reason;
- when you are involved in a traffic accident while operating one of our Vehicles;
- when your contact information, including your email address and mobile phone number, changes; or
- when your credit card information changes.
If you do not tell us about any of the above your ekar membership may be suspended or terminated (see the “ When your ekar Membership may be Suspended or Terminated” section below). Depending on the nature of the change we may also request that you provide an updated copy of your official driving record.
Fees, Rates, Charges and Payments
Membership Fees and Rental Fees
As described in the “Payment of Fees” section above, you must pay an initial registration fee ,we will charge the ekar registration fee to the credit card you provided as part of your registration. and to you must pay an initial registration fee
For each use of a Vehicle, you must pay the applicable rental fee calculated on a hourly or per day basis depending on the relevant rental period, plus applicable taxes. All rental fees begin to accrue when you start your Rental Period (see the “Beginning Your Trip” section below) and stop to accrue when you stop your Rental Period (see the “Ending Your Trip” section below).
Your rental fees are calculated and charged to your credit card at the end of your Rental Period.
If you drive a Vehicle beyond a certain distance during a rental period, we will charge you an additional fee per kilometre plus applicable taxes. The details of this per kilometre charge are set out in the Rate Schedule.
You will also be required to pay certain charges related to your use of a Vehicle, replacement costs, administration, account processing or other activities that may arise in connection with your ekar membership, including the following:
- returned or rejected payments;
- collection efforts due to non-payment;
- processing of Traffic Violations, towed Vehicle costs or toll charges;
- failure to return Vehicles to Dedicated Parking Spot;
- failure to secure Vehicles;
- cleaning and maintenance; or
- replacement of damaged, lost or stolen ekar Cards.
We may amend, replace or supplement these charges at any time.
Our Rate Schedule
A list of our current fees and other changes are set out in our attached Rate Schedule. It is also available online at www.ekar.ae. We will notify you of any new fees, charges or rates or any increases to our fees, charges or rates (see the “How this Agreement may be Amended” section above) and such changes are incorporated into this Agreement by reference.
We will charge all fees and charges that you have incurred as an ekar member or in using the ekar Car-Sharing Program to the credit card you have provided to us. You must ensure that the credit card information associated with your ekar account is always up to date and that there are sufficient funds available to cover any amount you owe to us. Fees and charges incurred by you are not refundable except in case of fraudulent activities not caused by you.
Refunds will be done only through the Original Mode of Payment.
You are solely responsible for all credit card, banking, service, cellular, data or access fees or charges you incur in relation to any payment to us, insufficient funds or your use of any of the services, features or other parts of the ekar Car-Sharing Program.
For all payments taking against your credit card, ekar will send you a payment confirmation email to you registered email address. This will be sent within 24 hours of the payment being taken
Multiple Bookings may result in multiple postings to the cardholder’s monthly statement.
The cardholder must retain a copy of transaction records and Merchant policies and rules.
Viewing your Account History
At present, you can access the following information through your ekar account:
- your rental and payment history;
- your account statements and information; and
- the fees and charges that you have incurred.
You understand and agree that we have no duty to provide you with rental, billing, payment or other account information or reminders in any other way and that you are responsible for checking, managing and updating your ekar account, rental, billing and payment information.
How to Reserve a Vehicle
Reservations can be made through the ekar app, the ekar website at www.ekar.ae, or methods that we may make available from time to time. You cannot make more than one reservation for the same time period, but you can have multiple reservations in the future. You can change or cancel your reservation up to 4 hours prior to starting it at no cost.
If you do not start the Rental Period of your reserved Vehicle within 120 minutes of the start of your reservation, the reservation will automatically expire and the Vehicle in question may be reserved or used by other ekar members.
We will treat all reservation requests on a first come, first served basis and have the right to refuse a reservation if the number of available Vehicles is not sufficient to meet all reservation requests. Further, we may refuse or cancel a reservation for emergency, safety, business, operational, technical or mechanical reasons.
For future bookings more then 24 hours ahead ekar will only guarantee the booking if the reservation is for more then 4 hours. Bookings under this time it will be based on availability and a car may be assigned to your booking that is in a different location from where it was located when the reservation was made. ekar will always endeavor to assist in making the experience as effcient as possible.
If you cannot find your reserved Vehicle during the reservation period at the parking location indicated in your reservation during your reservation period, please contact our Call Centre immediately for assistance or to make alternate arrangements.
Beginning Your Trip
Starting Your Rental Period and Unlocking Your Vehicle
Once you have located your reserved Vehicle, you unlock the Vehicle and begin your Rental Period using your ekar app or ekar membership card. For more information on how to access a Vehicle and start your Rental Period, please see attached Trip Process.
Before operating a Vehicle, you must familiarize yourself with the Vehicle, the Trip Process and Parking Rules and the Vehicle Manual. The manual contains instructions and other useful information on how to use the Vehicle and its equipment. A copy of the manual can be found inside the Vehicle.
You must also inspect the interior and exterior of the Vehicle for any defects, damages, soiling, and any missing, incomplete, defective or inoperative equipment or documentation (such as the Vehicle’s Key Fob, the insurance papers or copy of the Manual). In the following, we will refer to any of these issues as “Vehicle Damage”.
If you discover any Vehicle Damage, you must let us know immediately calling our Call Centre through (at 800693527). You must report any Vehicle Damage to us completely and accurately. The Call Centre will inform you whether any of Vehicle Damage you have reported will prevent you from using the Vehicle or will let you know what additional steps you may have to take to properly address the issue. If the Call Centre determines that a Vehicle can no longer be used, it will assist you in making alternate arrangements.
Failure to Report
You understand and agree that if you do not completely and accurately report to us any Vehicle Damage already existing at the beginning of your Rental Period, that damage will be deemed to have occurred during your Rental Period and you must pay us for that damage unless it can be established to our satisfaction that Vehicle Damage could not have occurred during your Rental Period.
The Key Fob
The Key Fob can be found in the Vehicle’s glove compartment. The Key Fob isused to lock and unlock a Vehicle for stopovers without ending your Rental Period (for more information, see the “Stopovers” section below). Further, you cannot end your Rental Period unless you have returned the Key Fob to its holder in the Vehicle’s glove compartment.
The Key Fob remains our property at all times. You must not remove any of the keys from the Key Fob. You must let us know immediately (at 800693527) if the Key Fob of your Vehicle is lost, stolen, damaged or not functioning properly so that we can prevent improper use or any further damage to any of our Vehicles or equipment.
Moreover, you must pay for the cost of replacing a Key Fob that is, or is deemed to be, lost, stolen or damaged during or in connection with your rental of a Vehicle. Please see the Rate Schedule for more details on the applicable charges.
Who Can Drive
The only persons who are permitted to drive a Vehicle that you have rented during your Rental Period is you.
You are not permitted to allow any other person to operate a Vehicle and you will remain responsible for all fees and charges arising in connection with the Rental Period.
Your Duties when Operating a Vehicle
You or your Emergency Drivers must use the Vehicle and its equipment in accordance with all applicable traffic laws, the terms of this Agreement, the Trip Process and Parking Rules and the Vehicle Manual. Your duties include:
- carrying a valid Driver’s License whenever driving a Vehicle;
- operating Vehicles safely and with care, driving defensively within speed limits and as permitted by local weather and environmental conditions;
- ensuring that a Vehicle remains roadworthy and reliable;
- securing Vehicles against theft, vandalism or improper use by others (including closing all windows and ensuring that all doors and the trunk are locked when you leave the Vehicle during stopovers or at the end of your trip);
- keeping Vehicles clean and tidy; and
- immediately informing us of all Traffic Violation notices and parking violation notices (including from privately operated parking facilities) received during your Rental Period.
Some of the things you or your Emergency Drivers must not do include:
- operate a Vehicle if you are not authorized or qualified by law to do so;
- operate a Vehicle while under the influence of alcohol, drug or any other intoxicating substance. Even if the legal limit is higher, we have adopted a strict “no drinking and driving” policy for the ekar Car-Sharing Program and a 0.0% limit for any intoxicating substance applies;
- permit anybody who is not an Emergency Driver to operate a Vehicle;
- use any hand-held electronic device while operating a Vehicle;
- use a Vehicle to transport flammable, poisonous or other hazardous or dangerous goods;
- transport objects with the Vehicle that could (due to their size, shape or weight) adversely impact the Vehicle’s operation or that could damage a Vehicle;
- use a Vehicle for towing or any off-road driving;
- use a Vehicle as a taxi or vehicle for hire;
- use a Vehicle for any illegal activity, for an illicit or prohibited trade or transportation, to escape or avoid arrest or other similar police action, or in a race or speed test;
- perform or authorize repairs or any conversions of a Vehicle;
- smoke or use tobacco or similar products in a Vehicle, or allow others to do so;
- let animals into a Vehicle, unless the animal qualifies as a guide animal for a person with a disability who accompanies the animal and the guide animal is kept in an appropriate animal carrier;
- remove any equipment from a Vehicle;
- drive a Vehicle anywhere outside UAE; and
- use a Vehicle in any manner that we consider dangerous, careless, improper, abusive or otherwise inappropriate, or as a means of committing any act of violence.
- at no time shall a Member permit a vehicle to cross a national border or leave the country in which the Trip Period was started. If a vehicle is driven outside the UAE, the Member will be personally responsible for all costs associated with returning the vehicle to the UAE, including, but not limited to, costs associated with vehicle repair, motor-vehicle accidents or collisions and towing services.
Operating a Vehicle in breach of the Third Party Liability Insurance or the terms of this Agreement can result in loss of the protection of that insurance, and personal financial exposure to a third party claimant, the insurer, or us. Your liability could include, for example, amounts claimed by a third party, reimbursement of a Third Party Liability Insurer for amounts that it has paid, and reimbursement of us for amounts that we have paid, including any insurance deductible.
Making a Stopover
You can interrupt your trip at any time without ending your Rental Period. To do so, remove the Key Fob from the card holder in the glove compartment, use it to lock the doors and trunk of the Vehicle and take it with you. Before leaving the Vehicle, please make sure that all the windows are closed and that the Vehicle is otherwise secured as well.
Upon returning to the Vehicle, use the Key Fob to unlock the doors and return the Key Fob to the card holder in the glove compartment. Otherwise the Vehicle cannot be used.
Normally, you will not have to refuel during your trip as the ekar team keeps the vehicles fueled up. If during your trip the ekar does require additional fuel, please use your personal credit card to do so. After you have completed the refueling process, please keep the receipt and send it to firstname.lastname@example.org. ekar will reimburse you onto your credit card for this expense
You are Responsible for Traffic Violations and related Fines and Charges.
You are solely responsible for the consequences of traffic offences and violations, criminal activities, parking violations (including on privately operated parking facilities) that occur in connection with your rental of a Vehicle and you must pay all penalties, fines, towing costs and other charges arising from these offences, activities or violations. You must also pay all toll charges or similar charges imposed in connection with your rental of a Vehicle. If, for any reason, we are required or decide to pay penalties, fines, towing costs, toll charges or other charges on your behalf or on behalf of one of your Emergency Drivers, you agree to reimburse us for the full amount of these penalties, fines, costs or charges.
You agree that we may release your name and other relevant information to any governmental agency or court in relation to these offences, activities, violations, penalties, fines or charges. To the extent permitted by law, we may elect, in our sole discretion, to settle any claims related to the offences, activities or violations referred to above on your behalf or, to transfer any legal process, responsibility or liability related to such claims to you.
Cleaning and Maintenance
We depend on ekar members to return Vehicles in a clean and tidy state. You are responsible for cleaning your rented Vehicle before ending your Rental Period. If you leave a Vehicle dirty or messy, you will have to pay for any required cleaning or detailing in accordance with the Rate Schedule. Since we generally rely on our ekar members to clean Vehicles, we cannot promise that each Vehicle will be clean and tidy and we do not take any responsibility in relation to any objects left in a Vehicle by a previous user.
If any of the Vehicle’s warning or indicator lights come on during your Rental Period, you should stop as soon as possible in a safe place and immediately notify the Call Centre for further instructions by calling the Call Centre (at 800693527). Do not continue to use the Vehicle if the Call Centre advises you or the Vehicle Manual states that the Vehicle is no longer safe to drive.
Ending Your Trip and Returning your Vehicle
When you wish to end your trip and return your rented Vehicle, you must:
- park the Vehicle in its assigned and designated ekar parking spot;
- ensure that the Vehicle engine is turned off;
- ensure that the Key Fob is located the card holders in the Vehicle’s glove compartment;
- ensure that the Vehicle is clean and tidy and you have left none of your belongings in the Vehicle;
- ensure that all windows, doors, and the trunk are fully closed and that all lights have been turned off; and
- ensure that the Vehicle is returned in its original condition, except for ordinary wear and tear due to reasonable use.
To end the Rental Period, you must lock the Vehicle by either using the ekar app or holding your ekar membership card to the Vehicle’s RFID reader. The Rental Period is ended only if the indicator light on the Vehicle’s RFID reader has turned green or orange, and the doors have locked. You are responsible for ensuring that your Rental Period has ended. Otherwise, you will have to pay the rental fees in accordance with the Rate Schedule for as long as the Rental period continues. If you have any difficulties with ending your Rental Period, including if the Vehicle’s RFID reader remains red, please call the Call Centre (at 800693527) for assistance.
For more information, please see also the Trip Process and Parking Rules.
We are not responsible for any lost, damaged or stolen personal belongings left in or on a Vehicle at any time.
Emergency Assistance and Accidents
You must immediately report accidents, breakdowns, defects or damages involving your rented Vehicle or its equipment to the Call Centre, calling 800693527. You must follow the instructions provided to you by the Call Centre personnel.
In the UAE it is mandatory to file a police report for every accident. You must remain at the accident site until the police have finished making a record of the accident and must take reasonable measures to conserve evidence and mitigate any damages. You must submit a copy of the accident report to us by e-mail or fax.
After an accident, you may only continue your trip with our explicit permission. Unless the Vehicle involved in the accident is towed away, you may only park it in an area that is sufficiently supervised and safe.
While we inspect the mechanical conditions of our Vehicles regularly for safety purposes, you understand that we do not routinely inspect Vehicles after a rental has been completed and that our Vehicles are parked in public places. Accordingly, for your and your passenger’s safety, you are required to inspect each Vehicle before commencing a trip (see the “Pre-Trip Check” section above.) To the maximum extent permitted by law:
- we do not guarantee or warrant to you, the performance, availability, reliability, quality, uninterrupted use, security, pricing or operation of your ekar membership or the ekar Car-Sharing Program or the condition, safety or fitness of our Vehicles;
- we also do not make any express or implied representation, warranty or condition, (including warranties or conditions of title or non-infringement, merchantable quality or fitness for a particular purpose) in respect of your ekar membership or the ekar Car-Sharing Program; and
- no advice or information, whether oral or written, obtained by you from any of the ekar Carsharing LLC Parties creates a term, condition, representation or warranty if it is not expressly stated in this Agreement;
- all representations, warranties and conditions of any kind, express or implied are excluded.
Your Responsibility to Pay for Losses and Damages
Vehicle Damage, Loss or Theft during your Rental Period
You are responsible to pay us for any Vehicle Damage, lost, stolen or damaged equipment in connection with your rental of a Vehicle (whether caused by you, your Emergency Drivers or otherwise). This includes any damage caused by accidents, vandalism, soiling, improper use of the Vehicle or your non-compliance with the terms of this Agreement, or the Vehicle Manual. You are also responsible for our costs in temporarily replacing the damaged Vehicle or equipment during repairs or cleaning.
Further, you will be responsible to pay us for all losses or damages resulting from damage to, loss, theft, or improper use of, or failure to return as required any ekar Card. This includes all losses or damages in connection with the theft, loss, damage or improper use of a Vehicle with your ekar membership or the Key Fob of a Vehicle that you have rented.
If you receive any payment or compensation from another person (including your own insurance provider) in connection with any damage, loss or theft of a Vehicle or equipment (including any ekar Card), you must pay such funds to us. We will apply your payment to reduce any amount you owe us in connection with the damaged, lost or stolen Vehicle or equipment.
Your Indemnification Obligations
Without restricting the other remedies available to the ekar Carsharing LLC Parties, you agree to indemnify the ekar Carsharing LLC Parties for any loss, liability, claims (including claims by other persons), damages, costs (including our actual costs to defend any claims) and expenses that of the ekar Carsharing LLC Parties incur arising from or in connection with your or your Emergency Drivers’ non-compliance with the terms of this Agreement, negligence or intentional misconduct.
Insurance and Deductibles
We have placed Third Party Liability Insurance for the Vehicles in accordance with UAE law and with an insurer or insurers duly authorized to provide insurance in UAE, including the Insurance Corporation of UAE. Copies of the terms of the Third Party Liability Insurance coverage are available upon request. You and your Emergency Drivers qualify as insured under the Third Party Liability Insurance according to its terms and so long as your use of the Vehicle is in compliance with this Agreement and the terms of your permission from us to use the Vehicle.
Accidents will be charged Up to AED 1700.
Drivers who have held a UAE license for less than 6 months are liable for an additional 20% on the total claim amount
Drivers who are 21-24 are liable for an additional 20% on the total claim amount
The Third Party Liability Insurance is not “own damage” or collision coverage, and does not cover you with respect to any damage to the Vehicle itself and your obligation to us to ensure that the Vehicle is not damaged during your rental (whether or not you are at fault). The fact that we have arranged for Third Party Liability Insurance does not reduce or otherwise affect your responsibility to us or any other person. This agreement does not include any “loss damage waiver” or similar provision.
You are Responsible for Claims not Covered by our Motor Vehicle Insurance
You are also responsible and must indemnify us for any loss, liability, claims (including claims by other persons), damages, costs or expenses in connection with your use of a Vehicle that is not covered by the motor vehicle insurance for our ekar Car-Sharing Program or exceeds our insurance coverage for our ekar Car-Sharing Program.
We recommend that you seek other insurance protection for claims not covered by the insurance for our ekar Car-Sharing Program.
At Fault Accidents and Deductibles
If a court, responsible government agency or our insurance provider determines that you or one of your Emergency Drivers is fully or partially at fault for an accident in connection with your use of a Vehicle your membership may be suspended or terminated at our discretion.
Further, you must indemnify us for any deductible we have to pay to our Third Party Liability Insurance providers in connection with any accident or claim in connection with the use of any Vehicle by you or your Emergency Drivers.
Limitations on Our Liability
In addition to any other limitation listed elsewhere in this Agreement, we will not be liable to you or any other person, to the maximum extent permitted by law, for:
- any indirect, consequential, incidental, special, aggravated, punitive or exemplary damages directly or indirectly arising from or in any way related to this Agreement, your ekar membership, the ekar Car-Sharing Program or any of its features, services or any other part of it (including Vehicles, reservations, your member account, the ekar website, the ekar app and our Call Centre), including loss of profit or revenue, financial loss, loss of business opportunities, breach of privacy or security, property damage, personal injury or any other foreseeable or unforeseeable loss, not matter how it was caused, even if we were negligent or were advised of the possibility of such damages;
- the performance, availability, reliability, operation, quality, or pricing of any part of the ekar Car-Sharing Program;
- the condition, safety or fitness of our Vehicles;
- any error or omission in the operation or management in respect of any part of the ekar Car-Sharing Program;
- any lost, stolen, damaged, or expired identifiers, passwords, codes, benefits, ekar membership cards, discounts, rebates, credits or promotions; or
- the denial, restriction, suspension, disruption or inaccessibility of your ekar membership, your participation in any party of the ekar Car-Sharing Program.
- Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
- United Arab of Emirates is our country of domicile.
- ekar will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control)sanctions countries in accordance with the law of UAE.
When your ekar Membership may be Suspended or Terminated
We may Suspend or Terminate your ekar Membership for Particular Reasons
We may immediately suspend or terminate your ekar membership, your participation in the ekar Car-Sharing Program or your ability to use any part of the program (including the rental or use of Vehicles) in any of the following circumstances:
- if you do not comply with any of the terms of this Agreement;
- if you are charged or convicted for a Major Traffic Violation;
- if you no longer have a valid Driver’s Licence;
- if you are found fully or partially at fault for an accident;
- if you do not inform us of any of the events described in the “Changes in Status” section above;
- if you no longer have an active email address or mobile phone number; and
- if we experience any problems with your credit card or any other payment method or if you do not pay any amount owed to us when due.
This Agreement may be Terminated at any Time
We may decide to terminate this Agreement and your ekar membership at any time. If we do so, we will send you a notification email to the email address you have provided to us.
You may also cancel this Agreement and your ekar Membership at any time. We require that you confirm your cancellation in writing.
What Happens When your ekar Membership is Suspended or Terminated
When your ekar membership, your access to the ekar Car-Sharing Program, or this Agreement is suspended or terminated, you will no longer be able to reserve or access any of our Vehicles. We will also de-activate other features or functions of your ekar membership card, the ekar App or your member account as we consider appropriate.
In case of a suspension, we may re-instate your ekar membership or your access to the ekar Car-Sharing Program as we consider appropriate or if we are satisfied that the reason for the suspension no longer exists. You will be responsible for obtaining and providing to us any information that we may consider necessary or useful to determine whether the reason for a suspension has disappeared. This may include providing us with an updated copy of your official driving record. We may also decide to terminate your ekar membership and this Agreement at any time.
Some of your Duties Continue after Suspension or Termination
Even if this Agreement and your ekar Membership have been suspended or terminated, you must still pay for any amount you owe for fees and other charges, damages and indemnification under the terms of this Agreement.
ekar.ae collects certain anonymous data regarding the usage of the website. This information does not personally identify users, by itself or in combination with other information, and is gathered to improve the performance of the website. The anonymous data collected by the ekar.ae website can include information such as the type of browser you are using, and the length of the visit to the website. You may also be asked to provide personally identifiable information on the ekar.ae website, which may include your name, address, telephone number and e-mail address. This information can be gathered when feedback or e-mails are sent to ekar.ae, when you register for services, or make purchases via the website. In all such cases you have the option of providing us with personally identifiable information.
All credit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
ekar.ae takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, ekar.ae cannot guarantee the security of any information that is disclosed online.
ekar.ae is not responsible for the privacy policies of websites to which it links. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. We strongly suggest you review such third party’s privacy policies before providing any data to them. We are not responsible for the policies or practices of third parties. Please be aware that our sites may contain links to other sites on the Internet that are owned and operated by third parties. The information practices of those Web sites linked to our site is not covered by this Policy. These other sites may send their own cookies or clear GIFs to users, collect data or solicit personally identifiable information. We cannot control this collection of information. You should contact these entities directly if you have any questions about their use of the information that they collect.
ekar.ae does not knowingly collect personal information from minors under the age of 18. Minors are not permitted to use the ekar.ae website or services, and ekar.aerequests that minors under the age of 18 not submit any personal information to the website. Since information regarding minors under the age of 18 is not collected, ekar.ae does not knowingly distribute personal information regarding minors under the age of 18
The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore the Customers’ are encouraged to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted.
How to Contact Us
Your feedback is important to us. If you have any questions or concerns about this Agreement or the ekar Car-Sharing Program, or if there are any errors that you wish to correct, please contact us by any of the following methods:
- calling us toll free at 800693527 (cell phone prices may vary according to your cell phone provider). The Call centre is open 24 hours a day, 7 days a week;
- going online at om www.ekar.ae to access our Frequently Asked Questions and other information;
- sending us an e-mail at email@example.com
- ekar PO Box 769500 Abu Dhabi UAE.
- visit us at twofour54 Sheikh Zayed Street Abu Dhabi, UAE.
You can also log into your ekar member account at ekar to update or correct your personal, contact, payment or other account information.