Terms of Service

Introduction

Executive Class Holdings Inc. and its subsidiaries (collectively, “ECR”, “we”, or “us”), provide an online car sharing platform that connects vehicle owners with travelers and locals seeking to book those vehicles. ECR is accessible online including at executiveclassrentals.com and as an application for mobile devices. ECR websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other ECR users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and ECR

These Terms, together withECR applicable insurance terms and certificates, roadside assistance terms, and the accessible via the Services (the “Policies”) constitute the “Agreement” between you and ECR (each a “Party” and together, “the Parties”).

Modification.ECR reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your ECR Account within 30 days. If you choose to close your ECR Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.

Eligibility, registration, verification

Eligibility

The Services are intended solely for persons who are 21 or older, except in the United States where we permit guests age 18 and older to book vehicles. Any use of the Services by anyone that does not meet these age requirements is expressly prohibited.

Registration

To access certain features of the Services, you must sign up for an account with us (a “ECR Account”). You can create a ECR Account by providing us your first and last name, email address, and creating a password or connecting through an account with a third-party site or service (including Apple, Facebook, and Google). When you book a vehicle as a traveler or guest (“guest”), you provide us with certain additional information about yourself. Similarly, 

Verification

Where permitted, ECR has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity and (2) verify vehicle details. ECR does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. ECR may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize ECR to request, receive, use, and store such information. ECR may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. ECR may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), 

Consumer Report Authorization. When you attempt to book or list a vehicle, or at any time after where ECR reasonably believes there may be an increased level of risk associated with yourECR Account, you hereby provide ECR with written instructions and authorize ECR, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.

Fees, taxes

Fees

The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your trip at checkout before you submit your trip request. 

Collection of fees

ECR and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. ECR, or the collection agencies we retain, may also report information about your ECR Account to credit bureaus. As a result, late payments, missed payments, or other defaults on yourECR Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information ECR reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please contact ECR If you wish to dispute the information a collection agency reported to a credit bureau regarding yourECR Account, you must contact the collection agency directly.

Taxes

In certain jurisdictions, ECR may enable the collection and remittance of certain taxes from or on behalf of guests or hosts, based on existing and future tax regulations, including marketplace facilitator or car sharing regulations. The amount of taxes, if any, collected and remitted by ECR will be visible to, and separately stated, to both guests and hosts on their respective trip related documents and invoices. Where ECR is facilitating the collection and remittance of taxes,

Your commitments

You agree that you will always use your ECR Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by ecr

Dilute, tarnish, or otherwise harm the Turo brand in any way, including:

• Through unauthorized use of the Services and/or user content
• Registering and/or using “Turo” or derivative terms in domain names, trade names, trademarks, or otherwise
• Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Turo domains, trademarks, taglines, promotional campaigns, or Turo and/or user content

Provide or submit any false or misleading information, including:

• False name, date of birth, driver’s license details, payment method, insurance, or other personal information
• In relation to a claim (for example about damage to a vehicle)
• By registering for a Turo Account on behalf of an individual other than yourself
• Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity

Fail to honor your commitments, including:

• Fail to pay fees, penalties, or other amounts owed to Turo or another user
• Fail, as either a guest or host, to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason
• Use the Services to find a host or guest, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to Turo’s provision of the Services (aka, gray market transactions, which do not necessarily require the exchange of money)
• Transfer your Turo Account and/or user ID to another party without our consent
• Leave a vehicle unlocked or running with the keys inside, except where instructed to do so directly by Turo in certain limited circumstances

Harm or threaten to harm users of our community, including:

• Harass, stalk, or defame any other Turo user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host or guest in accordance with these Terms
• Engage in physically or verbally abusive or threatening conduct
• Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers
• Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the Turo community
• Sue or assert legal claims against Turo or a Turo user in any manner prohibited or waived by these Terms

Use the Services for your own unrelated purposes, including to:

• Contact another ECR user for any purpose other than in relation to a booking, vehicle, listing, or the use of the Services by such user
• Commercialize any content found on the Services or software associated with the Services, including reviews
• Harvest or otherwise collect information about users without their and our consent
• Recruit or otherwise solicit any user to join third-party services or websites that are competitive to ECR without our prior written approval

Interfere with the operation of the Services , including by:

• Interfering with any other user’s listings
• Entering into a Turo transaction with a member of your family, household, friend, colleague, or acquaintance
• Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
• Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm Turo or the interests or property of others
• Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure
• Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise

You authorize Turo and its service providers, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with Turo or its agents for quality control and training purposes. You acknowledge and understand that your communications with Turo may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through support.turo.com.

Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.

Insurance and protection plans. Turo is not an insurance company and does not insure hosts or guests. Host and guest protection plans made available through the Services are in no way related. To be eligible for coverage under a protection plan, hosts and guests must comply with these Terms. Protection plans are available through the Services only in the United States (excluding New York), the United Kingdom, and the Canadian provinces of Alberta, British Columbia, Nova Scotia, Ontario, and Quebec. Protection plan details and other specifics can be found here. Please refer to the specific terms for guests and specific terms for hosts sections below for additional information based on the nature of your use of the Services.

Specific terms for guests

The following sections also apply if you book a vehicle using the Services:

Guest commitments

As a guest, you commit that you will be a legally licensed driver and provide proof to the host or via the Services of a current, valid driver’s license. You will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked.

Guest financial responsibility for physical damage to the vehicle

The guest that booked the trip (“primary guest”) is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary guest has their own auto insurance or not.

Primary guests may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle on Turo, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with Turo to make a claim for coverage under any policy of insurance that applies to the loss.

The primary guest can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booked trip by choosing a protection plan on the Services. Protection plan details and other specifics can be found here. The limitation on the amount a primary guest may have to pay out of pocket included in any protection plan only applies (1) if the primary guest and any Approved Driver abide by these Terms and (2) to physical damage that is not mechanical or interior damage.

Auto liability insurance

All guest are required to provide their own personal insurance for any rental and agree to hold harmless ECR and its affiliates for any damages caused by guest reckless or neglegent behavior causing damage to vehicles, property, or people. Guest assume full financial responsibility of vehicle damages, including non-fault weather events such as hail, tornado, winds, and other weather systems. Guest are responsible for damages caused by vandals, hit and run, or any other damage that no other party has accepted fault.  Payment assumes guest has agreed to all terms of service herin.