Last Revised: September 18, 2017
WAIVER OF CLASS ACTION, MANDATORY ARBITRATION: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SKURT SERVICES. THESE TERMS OF SERVICE CONTAIN AN ARBITRATION PROVISION, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT DISPUTES YOU HAVE AGAINST SKURT TO BINDING AND FINAL ARBITRATION UNLESS YOU OPT OUT OF THE ARBITRATION PROVISION AS SET FORTH BELOW. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SKURT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
For purposes of these Terms of Service, “you” and “your” means you as the user of the Skurt Services. If you use the Skurt Services on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity's behalf.
AGREEMENT TO E-SIGNATURES. WHEN YOU REGISTER AN ACCOUNT ON THE SKURT SERVICES OR CLICK ON THE “COMPLETE BOOKING,” BUTTON WHEN ORDERING A VEHICLE, YOU AGREE THAT YOU ARE INTENDING TO CREATE AN ELECTRONIC SIGNATURE AFFIRMING YOUR FULL UNDERSTANDING AND AGREEMENT TO BE LEGALLY BOUND BY ALL OF THESE TERMS OF SERVICE AND THAT YOU ARE LEGALLY PERMITTED TO USE AND ACCESS THE SKURT SERVICES. WE ADVISE THAT YOU PRINT AND RETAIN A COPY OF THESE TERMS OF SERVICE BEFORE YOU CLICK ON THE “COMPLETE BOOKING” BUTTON. THE MOST CURRENT VERSION OF THESE TERMS OF SERVICE WILL ALWAYS BE AVAILABLE FOR YOUR REVIEW UNDER THE TERMS OF SERVICE LINK LOCATED AT WWW.SKURT.COM.
Skurt may amend the Skurt Services or the Terms of Service from time to time. Amendments to the Terms of Service will be effective upon Skurt posting such amended Terms of Service at this location. Amendments to any other Skurt Service’s terms of service will be effective upon Skurt posting such amended policies or supplemental terms on the applicable Skurt Service. We will also update the “Last Revised” date at the top of these Terms of Service. By continuing to access or use the Skurt 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 of Service. If the modified Terms of Service are not acceptable to you, your sole recourse is to stop using and accessing the Skurt Services.
This agreement governs your use of our technology services, on the website or via our mobile application. Supplemental contractual terms and agreements will apply to certain Skurt Services, such as a Rental Agreement (as defined below) if you wish to rent a vehicle through the Skurt Services, a “Provider Agreement” if you wish to make your vehicle available for rental by others through the Skurt Services, policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Skurt Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms of Service for the purposes of the applicable Skurt Services. Supplemental terms, including the Rental Agreement Provider Agreement, if applicable, shall prevail over these Terms of Service in the event of a conflict with respect to the applicable Skurt Services.
1. THE SKURT SERVICES.
A. Description of the Skurt Services. The Skurt Services constitute a technology platform, including but not limited to, mobile applications and websites (collectively, the “Skurt Applications”), that connects users of the Skurt Services who desire to rent vehicles (“Users”) with owners (including care rental agencies and individual owners) who have vehicles available for rent (“Providers”), facilitating the online search for potential vehicles to rent, and coordinating the associated pricing, contractual and delivery arrangements. Skurt acts as an interactive computer service provider. Skurt serves as a conduit or platform to connect Users desiring vehicle rental services and Providers desiring to provide such vehicle rental services. Any and all vehicle rental services provided by a Provider to a User shall be provided under and pursuant to the Rental Agreement (as defined below) entered into by such Provider and User.
By using the Skurt Services, you understand and agree that Skurt’s role is limited to payment processor, services provider, and coordinator (e.g., delivering vehicles, arranging rentals, connecting Users with Providers, setting vehicle rental prices).
B. OWNERSHIP; LICENSE. The Skurt Service (including, but not limited to, the Skurt Application) is owned by and contains the valuable proprietary content of, Skurt and its licensors and is protected by copyright and other intellectual property laws and treaties. You may not use the Skurt Services except in its intended manner in accordance with the terms and conditions of these Terms of Service. Subject to your compliance with these Terms of Service, Skurt grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Skurt Applications on your personal device (e.g. smartphone, tablet, personal computer) solely in connection with your use of the Skurt Services; and (ii) access and use any content, information and related materials that may be made available through the Skurt Services. Any rights not expressly granted herein are reserved by Skurt and Skurt’s licensors.
C. RESTRICTIONS. You may not, and will not permit others to: (i) remove any copyright, trademark or other proprietary notices from any portion of the Skurt Services; (ii) reproduce, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Skurt Services except as expressly permitted by Skurt; (iii) link to, mirror or frame any portion of the Skurt Services; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Skurt Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Skurt Services; or (v) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Skurt Services, any updates or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law).
2. USING THE SKURT SERVICES; ELIGIBILITY.
A. USER ACCOUNTS. In order to use most aspects of the Skurt Services, you must register for and maintain an active personal Skurt Services account (“Account”). You must be at least 21 years of age, or the age of legal majority in your jurisdiction (if older than 21), to create an Account.
Account registration requires you to submit to Skurt certain personal information, such as your name, address, e-mail address, mobile phone number and age, as well as credit card information for payment for the vehicle rental services provided via the Skurt Services. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to date Account information, including having a valid credit card on file, may result in your inability to access and use the Skurt Services, the termination of these Terms of Service with you, and the cancellation of any applicable insurance or loss damage waiver coverage for a vehicle, whether complimentary or purchased. By using Skurt Services you hereby authorize Skurt to charge any credit and/or debit card affiliated with your account for any and all rental fees incurred. Skurt may, but is not obligated to, use third party services to verify the information you provide and to obtain additional related information and corrections where applicable (e.g., motor vehicle and driving records and other screening processes) and you hereby authorize Skurt to request, receive, use, and store such information for a reasonable period of time. Skurt may accept or reject your registration in its discretion for any reason.
In connection with Your desire to rent a Vehicle, you hereby authorize and direct Skurt, Inc., either itself or through a third party consumer reporting agency, to obtain information about Your background including investigation into Your motor vehicle or driving record(s). This authorization will be valid until You withdraw Your authorization, in writing, by contacting Checkr, Inc., 2505 Mariposa St., San Francisco CA 94110. You understand that Your desire to rent a Vehicle is not related to any employment relationship. To this end, You hereby authorize, without reservation, any law enforcement agency, administrator, state or federal agency, or information service bureau to furnish any and all background information requested by Checkr, Inc., 2505 Mariposa St., San Francisco CA 94103 | 844-824-3257 | firstname.lastname@example.org as it pertains to my motor vehicle or driving record(s). You agree that an electronic copy of this Authorization shall be as valid as the original.
You acknowledge and agree that Skurt may change its eligibility policies at any time for any reason and that your eligibility to use the Skurt Services may change as a result of these changes. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Skurt in writing, you may only possess one Account.
Consumer Report Authorization. When you apply to use Skurt Services, you are providing Skurt with written instructions and authorization 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. You are also authorizing Skurt to obtain your personal and/or business auto insurance score, credit report or conduct a background check at any time Skurt reasonably believes there may be an increased level of risk associated with your skurt Account.
B. ELIGIBILITY AND CONDUCT. The Skurt Services are available only to Users with a valid driver’s license. Skurt will not accept damaged driver's licenses and/or driver's licenses which do not appear facially valid. To register as a User, you will be required to provide a copy of your driver’s license. If your driver’s license is in a language other than English, you may be required to provide an English translation of your driver’s license. The Skurt Services are not available for use by persons under the age of 21, regardless of whether a Provider may have a different age requirement for rental of certain vehicles. By using the Skurt Services you agree to provide documentation to Skurt at any time to confirm your eligibility. Further, by registering and maintaining a Skurt account, You and each Authorized Driver agree and acknowledge that You meet the following Eligibility Requirements: You possess a mobile phone, You have a valid payment card in your name, You have at least two (2) years’ driving experience, You have no major traffic violations in the past five (5) years, You have no more than one (1) moving violation in the past three (3) years, You have no more than one (1) non- moving violation in the past three (3) years, You have no cell phone or distracted driving violation in the past year, You have not been involved in any motor vehicle accidents in the past three (3) Years, You have not been accused of, and/or committed, any serious criminal offense, You have no excessive liens or judgments currently filed against You, You have not recently filed for bankruptcy. Skurt reserves the right to refuse to allow any person who does not meet the above Eligibility Requirements from using Skurt Services. In addition, Skurt may revoke your Account and eligibility at any time in its sole discretion. You will not be able to use the Skurt Services if you do not meet the aforementioned Eligibility Requirements and you will not be issued a refund for any vehicle you have reserved through the Skurt Services.
If there are any changes to your driver's license, including but not limited to a suspension or revocation or your license, after your Account has been approved, you must notify Skurt immediately. Failure to notify Skurt of any changes to driver's license may result in immediate and permanent suspension of your Account.
You may not assign or otherwise transfer your Account to any other person or entity. You may not authorize third parties to use your Account, and you may not allow persons under the age of 21 to contract for vehicle rental services arranged via the Skurt Services; although persons under the age of 21 may accompany a User who is over 21. If persons under the age of 21 will be accompanying you in a vehicle you rented through the Skurt Services, you are solely responsible for ensuring compliance with all applicable rules, laws, regulations, and recommended practices concerning the transport of minors via vehicles. In certain instances Skurt may require you to provide proof of identity to access or use the Skurt Services, and you agree that you may be denied access or use of the Skurt Services if you refuse to provide proof of identity. You may not operate, or cause a vehicle you rented through Skurt to be operated, in any other state other than the state in which the rental originated. If you violate the provisions of this section you may be subject to the fines listed hereinbelow, including but not limited to, an unauthorized use fee of $300 and/or an unauthorized driver fee of $250.
C. TEXT MESSAGING; E-MAILS. By creating an Account, you agree that Skurt may send you informational text (SMS) messages and e-mails as part of the normal business operation of your use of the Skurt Services. You may not opt out of receiving e-mails related to the Skurt Services and your use of any vehicle provided by a Provider; however, you may opt out of receiving other types of text (SMS) messages or e-mails from Skurt at any time by texting the word STOP to (415) 702-4008 from the mobile device or e-mail receiving the messages or updating your preferences in your Account. You acknowledge that opting out of receiving text (SMS) messages or e-mails may impact your use of the Skurt Services.
D. USER PROVIDED CONTENT. Skurt may, in Skurt’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Skurt and other users of the Skurt Services textual, audio, and/or visual content and information, including commentary and feedback related to the Skurt Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Skurt, you grant Skurt a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Skurt Services and Skurt’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Skurt the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Skurt’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Skurt Services, or provide any User Content, that (i) is defamatory, profane, libelous, hateful, violent, obscene, sexually explicit, lewd, vulgar, suggestive, harassing, bigoted, discriminatory, abusive, inflammatory, deceptive, pornographic, or otherwise offensive, as determined by Skurt in its sole discretion; (ii) is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or that would otherwise create liability or violate any local, state, provincial, national or international law; or (iii) may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right, or any other right, of any party. Skurt may, but shall not be obligated to, review, monitor, or remove User Content, in Skurt’s sole discretion and at any time and for any reason, without notice to you.
E. NETWORK ACCESS AND DEVICES. You are responsible for obtaining the data network access necessary to use the Skurt Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Skurt Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Skurt Services and Skurt Applications and any updates thereto. Skurt does not guarantee that the Skurt Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Skurt Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. You agree to comply with the usage rules established by your mobile device platform or service provider when using the Skurt Services, including, but not limited to, the Skurt Application.
Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to these Terms of Service if you access the Skurt Services using Skurt Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to these Terms of Service and are not responsible for the provision or support of the Skurt Services in any manner. Your access to the Skurt Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.
The following terms and conditions apply to you only if you are using any Skurt Applications that you have downloaded from the Apple App Store (a “Skurt Apple App”). To the extent the other terms and conditions of the Terms of Service are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to use of any Skurt Apple App downloaded from the Apple App Store. You acknowledge and agree that these Terms of Service are solely between you and Skurt, not Apple, and that Apple has no responsibility for the Skurt Apple App or content thereof. Your use of the Skurt Apple App must comply with the App Store Terms and Conditions. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Skurt Apple App. In the event of any failure of the Skurt Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Skurt Apple App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Skurt Apple App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service. You and Skurt acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Skurt Apple App or your possession and/or use of the Skurt Apple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Skurt Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Skurt acknowledge that, in the event of any third party claim that the Skurt Apple App or your possession and use of that Skurt Apple App infringes that third party’s intellectual property rights, Skurt, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service. You must comply with applicable third party terms of agreement when using the Skurt Apple App.
G. INTERACTIONS WITH PROVIDERS AND OTHERS. You acknowledge and agree that Skurt has no obligation to screen other users of the Skurt Services, including Providers or third party service providers with whom you may interact while using the Skurt Services, in any way, and has no obligation to intervene in or be involved in any disputes that may arise between Users, Providers, or other third party service providers. It is your responsibility to take reasonable precautions in all actions and interactions with any Provider, other Users, or third party service providers which whom you may interact. It is your decision whether to accept the services provided by Skurt or any third party service provider, including transportation services from the airport to the rental vehicle, and you may decline the Skurt Services or any other services from third party service providers in your sole discretion. You understand and accept that Skurt has no control over the actions of Providers or third party service providers and you should exercise caution and good judgment when using the Skurt Services. YOUR USE OF THE SKURT SERVICES IS AT YOUR OWN RISK.
H. COMMUNICATIONS WITH PROVIDERS. You may not use the Skurt Services (i) to find a Provider and then book vehicle rental services with such Provider independent of the Skurt Services, or (ii) to book vehicle rental services with a Provider independent of the Skurt Services if you previously booked vehicle rental services with such Provider via the Skurt Services. You understand that violation of these policies may result in termination of your Account in Skurt’s sole discretion.
I. RESTRICTIONS. You agree you will not, either directly or indirectly, engage in any of the following prohibited activities: (i) transmit spam, chain letters, mail not relating to the Skurt Services or other unsolicited e-mail; (ii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Skurt Services; (iii) copy, distribute, or disclose any part of the Skurt Services including any rates, payments, and pricing offered on or through the Skurt Servcies in any medium, or by any method whatsoever including without limitation by any automated or non-automated “scraping”; (iv) use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Skurt Services in a manner that sends more request messages to the servers operated by Skurt than a human can reasonably produce in the same period of time by using a conventional on-line web browser provided that operators of public search engines may use spiders to copy materials from the Skurt Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; (v) take any action that imposes, or may impose, as determined by Skurt in its sole discretion, an unreasonable or disproportionately large load on Skurt’s infrastructure; (vi) upload invalid data, viruses, worms, or other software agents through the Skurt Services; (vii) collect or harvest any personally identifiable information, including account names, from the Skurt Services; (viii) use the Skurt Services for any commercial solicitation purposes; (ix) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfere with the proper working of the Skurt Services; (xi) access any content on the Skurt Services through any technology or means other than those provided or authorized by the Skurt Services; (xii) bypass the measures Skurt uses to prevent or restrict access to the Skurt Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Skurt Services or the content therein, or (xiii) attempt to get around or circumvent a suspension, termination, or closure of your account, including, but not limited to, creating a new account to get around such an account suspension or closure.
3. PROVISION OF THE SKURT SERVICES.
A. ACCESSING VEHICLE RENTAL SERVICES BY USERS. As a User, the Skurt Services may be used by you to reserve, schedule, coordinate, and pay for vehicle rental services provided by Providers (which may be individuals or rental car agencies) who make their vehicles available via the Skurt Services. You may reserve a vehicle and pay for such reservation via the Skurt Services; however, you understand that all vehicles made available through the Skurt Services are actually owned, operated, and rented through Providers and before you may rent any such vehicle you will be required to enter into a rental car agreement (the “Rental Agreement”) with the Provider.
YOU UNDERSTAND AND AGREE THAT SKURT IS NOT A PARTY TO ANY RENTAL AGREEMENTS, ENTERED INTO BETWEEN PROVIDERS AND USERS, NOR IS SKURT AN OWNER OR PROVIDER OF VEHICLES, OR INSURER. WHEN YOU ARRIVE TO RENT A VEHICLE, THE NAME OF THE VEHICLE’S PROVIDER WILL BE CLEARLY IDENTIFIED ON THE FACE PAGE OF YOUR RENTAL AGREEMENT.
SKURT HAS NO CONTROL OVER VEHICLES PROVIDED BY PROVIDERS AND DISCLAIMS ALL LIABILITY WITH RESPECT TO THE CONDITION, MAINTENANCE, SAFETY, AND ROADWORTHINESS OF SUCH VEHICLES. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING THE TERMS AND CONDITIONS OF THE RENTAL AGREEMENT YOU ENTER INTO WITH THE PROVIDER AND FOR INSPECTING THE CONDITION, MAINTENANCE, SAFETY, AND ROADWORTHINESS OF SUCH VEHICLES.
B. VEHICLES. By using the Skurt Services, you understand and acknowledge that Skurt does not guarantee, and takes no responsibility for, the condition, suitability, roadworthiness, or safety, or ability of any vehicle provided by any Provider. When picking up your vehicle, it is solely your responsibility to determine whether the vehicle or the Rental Agreement will meet your needs and expectations. You must complete a visual inspection of any vehicle made available to you via the Skurt Services and determine if such vehicle is suitable for your use as well as safe and roadworthy. If you find damage to the vehicle during your inspection, you must report it to Skurt immediately to avoid any confusion that such damage was caused by you. You may document pre-existing damage by e-mailing pictures and a description to email@example.com at the start of the trip. If you fail to report any damage found on the vehicle at the time you pick up such vehicle, such damage may be attributed to you absent compelling evidence you did not cause such damage. You must return the vehicle on the day and place specified by you when you reserved the vehicle. Failure to do so will result in additional charges and fees. If the Vehicle is left unattended in a location which results in an assessment of a parking and/or storage fee, and this You did receive written permission from Skurt to leave Vehicle in such a location, You will be responsible for all parking and/or storage fees incurred by Skurt in connection with repossessing the Vehicle from any suck parking structure and/or storage location.
If your Vehicle is stolen while in your possession you must file a report with the local police department within 24 hours of the theft. You will be held liable for the rental charges up to and until you provide sufficient evidence (as determined by Skurt, in its sole discretion) to Skurt, that you reported the vehicle stolen. Upon notice to Skurt that a vehicle has been stolen, Skurt will conduct an investigation regarding the theft. Upon investigation, if Skurt determines that you failed to exercise ordinary care while in possession of the vehicle, you may be held liable for fair market value of the vehicle.
While you are renting a vehicle made available to you via the Skurt Services, Skurt customer service is available to answer any questions you may have. However, your use of the vehicle, and any restrictions on such use, will be governed by the Rental Agreement you enter into with the Provider. Such restrictions include, but are not limited to, using/operating the Vehicle in only the geographical locations listed in the Rental Agreement. If You cause and/or allow the Vehicle to transported, operated or used in a geographical location for which you did not receive written approval and/or is not listed in the Rental Agreement, You will be charged an "unauthorized use" charge in the amount of $300. In addition, if you are in violation of Your Rental Agreement, Skurt reserves the right to repossess possession of the Vehicle and charge You the amount to recover the Vehicle and the amount to transport the Vehicle to its state of origin. You authorize any and all of the charges listed in this paragraph to be charged to the credit/debit card(s) You have on file with Skurt.
C. AVAILABILITY OF VEHICLES; AMENITIES. When you reserve a vehicle through the Skurt Services, you may indicate your preference toward a specific type, category, or class of vehicle, and any additional features you would prefer the vehicle to have. Skurt will endeavor, but does not guarantee, that the specific type, category, or class of vehicle with the features you have requested will be available to you on the day you arrive to pick up the vehicle. If for some reason no vehicles are available when you arrive, Skurt will attempt to connect you with a Provider that offers a reasonably equivalent vehicle of Skurt’s choice for no additional charge beyond your original rental Charge, otherwise Skurt will refund to you in full the Charges.
You may be able to choose certain amenities or accessories, such as car seats, GPS units, or toll transponders, at the time you reserve a vehicle. While Skurt will endeavor to connect you with a Provider that has vehicles with such amenities or accessories available to you, Skurt does not guarantee that they will be available to you on the day you pick up the vehicle even if you have requested such vehicle, amenity or accessory in advance. Skurt is not responsible for any damages you may suffer for a Provider’s failure to provide a certain amenity or accessory. No Skurt employee is responsible for installing any amenity or accessory provided to you and Skurt will charge you method of payment attached to your Account should you fail to return, misuse, or damage any amenity or accessory provided to you.
D. INSURANCE; DAMAGE TO VEHICLES. Skurt expects Users to have their own vehicle insurance and such insurance must be in compliance with all applicable laws. In addition, you should review the terms and conditions of the Rental Agreement for any additional terms and conditions regarding insurance. If you have questions about your own personal insurance and your coverage, you should contact your insurance professional after reviewing these Terms of Service. Once You have taken possession of a Rental, Skurt will not issue a refund of any funds used to purchase optional liability insurance or collision damage waiver.
In addition to the terms set forth herein, and in the Skurt coverage policies, during the applicable rental period, Skurt, or third parties acting for the mutual benefit of Skurt and our users, may provide certain comprehensive and collision protection for the vehicle , as well as liability insurance for bodily injury (for rentals originating in California) and property damage. You understand and agree that, for “Uninsured/Underinsured Motorists & No-Fault” (including Medical Payments/First Party Benefits/Personal Injury Protection, etc.): Skurt has either waived such coverage entirely or subscribed to the lowest limit allowable by applicable law and that you are bound by the election and agree to be so bound. The liability insurance and the comprehensive and collision protection shall be excess and contingent over any other valid and collectible insurance that may be available to the traveler. Insurance amounts and other specifics may be found in the Skurt coverage policies section. If you have questions about your own personal insurance policies, you should contact your insurance professional; if after reviewing these Terms and the Skurt FAQs you or your insurance professional still have questions regarding the Skurt protections, please contact us at firstname.lastname@example.org and we will connect you with our insurance provider to explain how these protections operate.
With regard to damage, losses, or other liabilities, you acknowledge that you are primarily liable, though you may fund that primary liability via any personal insurance you have available to you (e.g., applicable personal auto insurance or insurance from credit cards, etc.) which can be the primary source of funds for your liabilities hereunder. Any protection package offered via Skurt will not be available to you until your personal insurance has been exhausted. In addition, any coverage which may be offered to you via Skurt may not be available to you in the event you breach your obligations under these Terms or the Skurt coverage policies. Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses, or other liabilities relating to your activities through the Skurt. You agree that in the event damage is reported, Skurt may immediately charge you up to the amount stipulated by the Skurt coverage policies. Nothing in these Terms is intended to limit your responsibilities or Skurts legal rights in connection with your use of the Services. You acknowledge that Skurt may require and hold a deposit as part of the reservation of a vehicle.
You are fully responsible for paying any damage to the vehicle, subject to the Skurt coverage policies, as well as deductibles, contribution, fees, expenses, liens, or fines arising out of your use of a vehicle rented through Skurt. If Skurt advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to Skurt’s schedule for repayment of those amounts to Skurt.
If the vehicle breaks down, or becomes inoperable, you must contact Skurt customer support at email@example.com. You will be provided with an alternate vehicle unless Skurt, or the Provider, determines in their sole discretion, that you violated the usage guidelines in the Rental Agreement for such vehicle in the Rental Agreement or otherwise misused the vehicle causing it to become inoperable. You may be liable for any mechanical failures to the vehicle if such failure is due to your misuse of the vehicle or caused by your actions. You should carefully review the terms of the Rental Agreement to determine your liability.
You must immediately report any damage to the vehicle you are using to Skurt’s customer support at firstname.lastname@example.org and if there has been an accident, to the police as well. You must review the terms of your Rental Agreement for any other actions you must take in the event of an accident or damage to the vehicle, including, but not limited to, using reasonable efforts to secure evidence from any available witnesses, providing the Provider with a written description of the incident, and collecting the insurance information of the other parties involved. The Rental Agreement you enter may require that you cooperate in any loss investigation conducted by such Provider. You may not continue to use the vehicle unless you have the explicit permission of the Provider. Failure to timely report an accident or damage to the vehicle may reduce or invalidate any insurance provided by Skurt. You may be liable for any damage to the vehicle if such damage is due to your misuse of the vehicle or caused by your actions. You should carefully review the terms of the Rental Agreement to determine your liability.
State Laws Regarding Rental Car Theft. It is a felony in most states to fail to return a rental car within a certain period of time after the rental period has expired. The following conduct may result in the reporting of the vehicle you have rented 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:
- If you fail to return the vehicle you have rented at the time and place agreed upon, as designated in your reservation;
- If you do not return the vehicle by the end of the rental period and you have not properly obtained an extension of the reservation through the Skurt system;
- If vehicle is returned to any place other than the return location on the reservation or agreed upon. Any damage to, loss or theft of vehicle occurring prior to inspection of the vehicle upon return at the end of the reservation is the renter’s responsibility;
- If you misrepresent facts to the vehicle pertaining to rental, use, or operation of vehicle;
- If the vehicle’s interior components are stolen or damaged when vehicle is unlocked or keys are not secured during the rental period;
- If you fail or refuse to communicate in “good faith” police, Skurt, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fails to cooperate in the investigation of any accident or vandalism;
- If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license; whose driver’s license becomes invalid during the rental period; who has obtained the keys without permission of the vehicle owner; or who misrepresents or withholds facts to/from Skurt material to rental, use or operation of Vehicle.
E. MAXIMUM RENTAL PERIOD. The maximum rental period is twenty-one (21) consecutive days. If You wish to rent a vehicle for longer than the maximum rental period, You must create a new booking at the end of Your Rental Agreement and enter into a new Rental Agreement for any period past the maximum rental period.
4. PAYMENT AND CHARGES.
A. PAYMENT. When you reserve a vehicle via the Skurt Services, Skurt will facilitate the reservation with the Provider and payment of the applicable fees, taxes, and charges for such vehicle rental services to the Provider (“Charges”). Skurt makes no guarantee that the Charges represent (i) the lowest price for a vehicle in the area in which it is reserved on any particular day, or (ii) the published price for a vehicle on another website or publication not affiliated with Skurt on any particular day. All Charges are due and payable and will be collected at the time you reserve a vehicle via the Skurt Services using the method of payment designated in your Account. If Skurt is unable to collect payment of the Charges from you using the payment methods authorized on your Account, the reservation will be canceled. Charges will be inclusive of applicable taxes where required by law. If you dispute any charges with your bank and the dispute is resolved in favor of Skurt, you will be charged all fees associated with the dispute(s).
B. TAXES AND OTHER FEES. The Charges will include the estimated amount Skurt pays the Provider or government agencies for taxes and fees owed by the Provider or Skurt, including, without limitation, sales and use tax, airport surcharges, licensing fees, age penalties, and other taxes and fees (collectively, “Taxes”). In some cities, the Taxes may include government imposed service fees or other fees not paid directly to a taxing authority but still required by law. The amount paid to the Provider or government agencies for Taxes may vary from the amount we estimate. The balance of the amount in Taxes is a fee retained by Skurt as part of the compensation for the Skurt Services and to cover the costs of providing the Skurt Services to you. The amounts for Taxes varies based on a number of factors including, without limitation, the amount we pay the Provider or government agency, the type of vehicle provided by a Provider, the location of the vehicle, and may include profit retained by Skurt. Tax rates and the type of Taxes vary greatly by location.
C. PROMOTIONAL CODES AND CREDITS. Skurt may, in Skurt’s sole discretion, create promotional codes and/or may issue Skurt "credits" that may be redeemed for credit and other features and benefits related to renting and providing vehicles through the Skurt Services, subject to the terms that Skurt establishes on a per promotional code basis (“Codes”). You agree that all Codes: (i) must be used for the intended audience and purpose and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner; (iii) may not be made available to the general public, unless expressly authorized by Skurt; (iv) may be disabled or discontinued by Skurt at any time for any reason; (v) may only be used pursuant to the specific terms specific to such Code; (vi) are not valid for cash; and (vii) may expire prior to your use (viii) may only be applied to one Skurt booking, no matter the amount of the credits and/or promotion. Skurt reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Codes by you or any other user in the event that Skurt determines, in its sole discretion, that the use or redemption of a Code was in error, fraudulent, illegal, or in violation of the applicable Code terms or these Terms of Service.
D. COLLECTION OF FEES. You must have a valid payment method on file and pay all fees associated with our Services by the payment due date. If your primary payment method fails or your account is past due, you authorize us to charge all additional payment methods we have on file, and to employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. In addition, you may be subject to late fees. Skurt, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. 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 may be made by electronic mail or by phone, as provided to Skurt by you. Such communication may be made by Skurt or by anyone on its behalf, including but not limited to a third party collection agent. If you wish to dispute the information Skurt reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact our legal department at email@example.com If you wish to dispute the information a collection agency reported to a credit bureau regarding your Skurt Account, you must contact the collection agency directly.
E. FAILURE TO PAY. Failure to pay the fees associated with Skurt Services by the payment due date is a violation of our Terms of Service. In addition to the additional fees and penalties listed hereinabove, if You fail to timely pay for ees associated with Skurt Services by the payment due date, any and all coverage provided by Skurt may be voided.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
A. DISCLAIMER. THE SKURT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SKURT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SKURT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SKURT SERVICES OR ANY GOODS OR SERVICES, INCLUDING VEHICLES AND INSURANCE POLICIES OBTAINED THROUGH THE USE OF THE SKURT SERVICES, OR THAT THE SKURT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SKURT SERVICES, AND ANY THIRD PARTY GOODS OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
B. LIMITATION OF LIABILITY. SKURT DOES NOT SCREEN PROVIDERS (OR THEIR VEHICLES) OR THIRD PARTY SERVICE PROVIDERS, INCLUDING, BUT NOT LIMITED TO THIRD PARTY TRANSPORTATION SERVICES BETWEEN ANY AIRPORT AND THE VEHICLE, IN ANY WAY AND AS A RESULT WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THE SKURT SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING OR MEETING WITH OTHER USERS, PROVIDERS, THIRD PARTY SERVICE PROVIDERS OR PERSONS INTRODUCED TO YOU VIA THE SKURT SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH, AND/OR EMOTIONAL DISTRESS.
SKURT SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF SKURT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SKURT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SKURT SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SKURT SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND A PROVIDER, EVEN IF SKURT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SKURT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SKURT’S REASONABLE CONTROL. IN NO EVENT SHALL SKURT’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SKURT SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500.00). THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
SKURT HAS NO CONTROL OVER THE CONDUCT OF OTHER USERS OF THE SKURT SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOUR USE OF THE SKURT SERVICES AND YOUR CONTACT, INTERACTION OR DEALINGS WITH ANY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SKURT SERVICES IS SOLELY AT YOUR OWN RISK. THE VEHICLES, PROVIDERS, AND OTHER SUPPLIERS OF SKURT ARE NOT AGENTS OR EMPLOYEES OF SKURT. SKURT IS NOT RESPONSIBLE FOR, AND WILL NOT BE HELD LIABLE FOR, THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY OF THESE PROVIDERS OR SUPPLIERS FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOSS, THEFT OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO BRING ANY CLAIM OR LITIGATION AGAINST SKURT FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF A VEHICLE THAT YOU RENTED THROUGH THE SKURT SERVICES INCLUDING, WITHOUT LIMITATION, A VEHICLE NOT BEING AVAILABLE, ANY BREAKDOWN, MALFUNCTION OF OR DEFICIENCY IN A VEHICLE, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY PROVIDER, CAR MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR PASSENGERS, OR ANY ACTIONS OR INACTION OF THE PROVIDER.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
C. INDEMNITY. You agree to indemnify and hold Skurt and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your breach or violation of any of these Terms of Service; (ii) your access to or use of the Skurt Services; (iii) Skurt’s use of your User Content; or (iv) your violation of the rights of any third party; (v) your interaction with any user, booking of a vehicle, or creation of a listing for a vehicle; or (vi) the use, condition, or rental of a vehicle by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a rental, booking, or use of a vehicle. You authorize Skurt to release your contact information to third parties in relation to a personal injury and/or property damage claim arising out of or in connection with: (i) your access to or use of the Skurt Services; (ii) your violation of the rights of any third party; (iii) your interaction with any user, booking of a vehicle, or creation of a listing for a vehicle; or (iv) the use, condition, or rental of a vehicle by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a rental, booking, or use of a vehicle.
6. ARBITRATION AND CLASS ACTION WAIVER.
This Section includes an agreement to arbitrate and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the agreement to arbitrate by following the opt out procedure described below.
A. INFORMAL PROCESS FIRST. You agree that in the event of any dispute between you and Skurt, You will first contact Skurt and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
B. AGREEMENT TO ARBITRATE. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Skurt’s product and services, including the Skurt Services, or relating in any way to the communications between you and Skurt or any other user of the Skurt Services, will be finally resolved by binding arbitration.
If You wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, You must send a letter requesting arbitration and describing your claim to Skurt, Inc., Attn: Notices - Legal, 3113 S. La Cienega Blvd., Los Angeles, CA firstname.lastname@example.org. The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if You are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. If You are not an individual or have used the Skurt Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this agreement to arbitrate, including any claim that all or any part of this agreement to arbitrate is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
C. OPT OUT OF ARBITRATION. If You do not want to arbitrate disputes with Skurt and you are an individual, you may opt out of this agreement to arbitrate by sending an e-mail to email@example.com within thirty (30) days of the first date You access or use the Skurt Service.
D. CLASS ACTION WAIVER
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this Class Action waiver is found to be unenforceable, then the entirety of the agreement to arbitrate, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Skurt each waive any right to a jury trial.
7 . OTHER PROVISIONS.
A. CHOICE OF LAW. These Terms of Service are governed by and construed in accordance with the AAA Rules (with respect to any arbitration as contemplated above) and the laws of the State of California, U.S.A., without giving effect to any conflict of law principles.
B. NOTICE. Skurt may give notice by means of a general notice on the Skurt Services, electronic mail to your e-mail address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or prepaid post) or 12 hours after sending (if sent by e-mail). You may give notice to Skurt, with such notice deemed given when received by Skurt, at any time by first class mail or pre-paid post to Skurt, Inc., Attn: Notices - Legal, 3113 S. La Cienega Blvd., Los Angeles, CA, firstname.lastname@example.org.
C. DMCA AND COPYRIGHT COMPLAINTS. In accordance with the Digital Millennium Copyright Act and other applicable law, Skurt has adopted a policy of terminating, in appropriate circumstances and in Skurt’s sole discretion, the Accounts of Users who are deemed to be repeat infringers of the intellectual property rights of others. Skurt may also in our sole discretion limit access to the Skurt Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that any material made available via the Skurt Services infringes upon any copyright which you own or control, or that any link made available via the Skurt Services directs users to material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent, Attn: Notices - Legal, 3113 S. La Cienega Blvd., Los Angeles, CA email@example.com. Such notification must include:
- identification of the copyrighted work that is claimed to be infringed;
- identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Skurt Service;
- information for our copyright agent to contact you, such as an address, telephone number, and, if available, e-mail address;
- a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
- a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Skurt will respond expeditiously to claims of copyright infringement using the Skurt Services that are reported to Skurt’s copyright agent in the notification explained above. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
D. TERMINATION. Skurt reserves the right to suspend, terminate, or refuse to permit access to your Account or terminate these Terms of Service at any time for any reason with or without prior notice to you and without liability to you. All aspects of the Skurt Services are subject to change or elimination at any time in Skurt’s sole discretion.
E. GENERAL. You may not assign these Terms of Service without Skurt’s prior written approval. Skurt may assign these Terms of Service without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Skurt’ equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you or Skurt as a result of these Terms of Service or use of the Skurt Services. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Skurt’s failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Skurt in writing.
ADDITIONAL TERMS APPLICABLE TO USERS THAT RENT A VEHICLE THROUGH THE SKURT SERVICES
These additional terms apply to Users that rent a Vehicle through the Skurt Services. For purposes of these additional terms, (i) “You” or “Your” means the person identified as the “Renter” or an “Authorized Driver” on a Rental Agreement, (ii) “Vehicle” means the automobile or truck identified on the Rental Agreement and any vehicle Provider may substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents; and (iii) “Rental” means Your renting of the Vehicle from Provider under the terms of the Rental Agreement. All persons referred to as “You” or “Your” are jointly and severally bound by these additional terms.
Vehicle Selection: Any vehicles that You select through the service offered through the Skurt Services are representative only and do not indicate the type of vehicle You will receive. Even if You select a specific type of vehicle, You may be allocated a vehicle of a different type, which is not substantially smaller than and seats no fewer persons than the vehicle of Your original choosing. You will be issued a refund if You receive a vehicle priced lower than Your original booking at the time of the booking.
Optional Features: If You request optional features such as four wheel drive, the cost of these features will be refunded if they are not available on Your vehicle. Availability of these features is not guaranteed.
Rates and Quotes: Vehicle rental rates vary considerably from location to location and from time to time, and they change very frequently. Unless it is provided in connection with certain types of reservations, a rate quote You receive is merely indicative of the rates then being offered and creates neither legal rights nor practical expectations of vehicle availability or the continued applicability of the quoted rate.
Reasonable Care: You must drive and park with reasonable care, keep the Vehicle clean, and return it on time.
No Smoking: No smoking is allowed in or directly around any Vehicles available for use through Skurt. You will be assessed a Cleaning Fee of $300 if You or any other individual violates this policy with Your Vehicle.
Pets and Cleaning: Unless You specifically request and Provider (or Skurt on Provider’s behalf) approves in advance, transporting pets or other animals in a Vehicle is prohibited. You must leave the Vehicle in a clean condition and remove any trash from the Vehicle prior to returning it. You may be assessed a cleaning fee of $300 if You violate this policy.
Gas: You must return the Vehicle with the same amount of gas in the tank as there was at the start of the Rental. If the gas is not filled back to the level present at the beginning of the Rental, You will be subject to the local market refueling cost of the Vehicle, as estimated by Skurt.
Add-Ons: You are responsible to maintain all equipment in the Vehicle in good condition. If You return such equipment damaged or fail to return it, You will be charged fees for such damage or return, including the following fees: GPS: $200, Car seat: $100, FasTrak or other toll transponder: $75.
Authorized Drivers: Only You or a pre-approved Authorized Driver may drive or operate the Vehicle during the Rental Period. If an unauthorized individual operates the Vehicle during the Rental Period, all insurance coverage furnished to you through the Skurt Services, including purchased coverage, will be void, and You may be charged an unauthorized driver fee of up to $250.
Documentation of Pre-existing Damage: Before driving the Vehicles, Provider or Skurt may inspect the Vehicle and take photos of any pre-existing damage. Nevertheless, it is ultimately Your responsibility to confirm that all pre-existing damage is noted, including any non-functional features or components of the Vehicle. You may be liable for any damage that is not documented before driving the Vehicle.
Parking Tickets, Traffic Violations and Tolls: You agree to be solely responsible for paying the charging authorities directly for all parking citations, toll fees, fines for toll evasion, and other fees, fines and penalties (“Traffic Fines”) assessed against you, Skurt, the Provider, or the vehicle during the term of Your Rental Agreement. If the Vehicle is assessed a Traffic Fine while in Your possession, the liability for the Traffic Fine will be switched to Your name, through the issuing entity. In addition, you will be assessed a $35 administrative charge.
Toll Paying Devices: In some markets, a Provider (or Skurt, on Provider’s behalf) will install its own toll-paying device in the Vehicle for the duration of the Rental, in which case, You authorize Skurt to charge any amount paid via a toll paying device directly to the debit and/or credit card used to rent the vehicle.
Towing and Breakdowns:If the Vehicle requires roadside assistance while in Your possession, any roadside assistance and towing charges will be Your sole responsibility. If You feel You should not be responsible for any towing and/or roadside assistance charges, You may request to be reimbursed for any such charges by contacting firstname.lastname@example.org.
Driving Safety: If You believe that a Vehicle is unsafe to drive due to an “easily” correctable problem (as determined solely by Skurt), for example, a flat tire, Skurt will work with You to remedy this issue quickly. If You remain uncomfortable with the Vehicle after a fix is performed by a certified, licensed mechanic, You may return the Vehicle to the original pickup location to exchange vehicles, based on availability. Skurt and Provider, however, are under absolutely no obligation to arrange for a different vehicle to be provided to You and under no circumstances will Skurt or Provider have an alternate vehicle brought to you.
Maintenance: You are responsible for reporting to Skurt immediately any serious issues, including a Check Engine Light, as soon as they occur. You should discontinue driving immediately if You notice a serious issue and contact Skurt, who will arrange an alternate vehicle for Your use.
Stickers and Car Modification: You may not place stickers, signs, symbols, or other devices, modifications, advertisements or publicity materials on the interior or exterior of the Vehicle, other than those provided by Skurt.
Maintenance and Repairs: You are not responsible for routine maintenance and repairs of the Vehicle. You may be held liable for the repair cost of all other repairs or damage to the car during the Rental if it is not covered by Skurt’s insurance, and must follow the reporting, claims processing, and repair procedure set forth below for all such damage.
Rental Start: You must contact Skurt when You arrive at Your destination by phone or smartphone application or by other method specified in Your Rental Confirmation. Skurt will inform You of Your available transportation options to get to the Skurt valet stand or other designated location where You can pick up the Vehicle.
Rental End: When making a reservation through the Skurt Mobile Application, you will select a time and place for a Skurt Agent to pick up Your Skurt Vehicle ("Rental End").
Extensions: You may contact Skurt, or check the Skurt App, to see if a vehicle is available from a Provider for a period in excess of your original rental period. If You wish to extend the date of your original rental period and the Vehicle is available, You will be assessed any additional charges for the new Rental days based on current market pricing, with a minimum of one extra day worth of charges. Your original price is not the prevailing price if You wish to extend. In addition, if you extend your rental within two (2) hours of your originally scheduled Rental End period, you will be assessed an additional $26 cancellation/reservation change fee, as Skurt schedules the deliveries two hours in advance. The prevailing price is always the currently listed price on the app. If an extension is not available, the Vehicle must be returned at the original return time.
Automatic Extensions: If You fail to return your Skurt vehicle at the time of Your reservation was originally scheduled to end, and you fail to Extend pursuant to the "Extension" clause stated herein, Your reservation will automatically extend twenty-four hours and you will be charged for the new Rental day(s) based on current market pricing. Your reservation will continue to extend and you will continue to incur extension fees, as described herein, until You schedule a Rental End and return the Skurt Vehicle.
Cancellations and Changes: We’re happy to accommodate changes to Your Rental with no change fee prior to Your pickup time. Changes to a Rental length or time period can be made any time until the scheduled pick up time with no fee except any price difference as calculated by current prices at the time of the change (no refund will be issued for difference in price if the Rental is changed within 24 hours of Rental start). If You change Your reservation prior to the scheduled Rental End, You will be charged the effective rate for the day the change is initiated. After the scheduled pick up time, changes are no longer permitted and if the Vehicle is not picked up, the value of the booking is lost. No refund will be issued if You are not able to pick up Your Vehicle due to Your failure to meet the requirements that are provided to you and that all renters must meet to be eligible to rent a vehicle on or through the Skurt Services. Once You have taken possession of a Rental, Skurt will not issue a refund of any funds used to purchase optional liability insurance or collision damage waiver.
Returns: You are ultimately responsible for returning the Vehicle to the Skurt designated location and will be charged significant penalty fees if You do not comply. These charges often exceed $1,000.
One Way Rentals: One way Rentals (picking up at one location and returning at another) are not permitted.
No Shows: If you fail to arrive within (30) minutes of Your scheduled pickup ("No Show"), Your reservation will be cancelled, You will incur a Cancellation Fee, and You will not receive a refund for Your reservation. If You wish to rebook, there is no guarantee that Your originally quoted rate will be available.
Cancellation Fee: If you No Show Your scheduled Rental Start, You will be assessed a fifteen ($15) dollar Cancellation Fee, in addition to the other fees described herein.
Extension Agent Fee: If you No Show your scheduled Rental End, and also fail to Extend your reservation, you will be assessed a twenty-six ($26) dollar Extension Agent Fee, in addition to the other fees described herein.
Responsibility: You hereby agree that Skurt, Provider and their respective affiliates, subcontractors and operating units are not responsible for consequential damages should any of them fail to meet their obligations in connection with a Rental transaction. Similarly, You are not responsible for consequential damages should You fail to meet Your obligations in connection with the transaction.
Impound: If the Vehicle is impounded during Your Rental, You will be fully responsible for any towing and storage fees that arise as a result of the impound, unless the impound was caused by an issue completely outside of Your control (such as the registration being expired). It will be Your responsibility to assist Skurt and Provider in retrieving the Vehicle, or to do it yourself, if it is possible. In addition, if Skurt is required to retrieve a Vehicle from impound You will be charged a fifty ($50) dollar administrative fee.
Payments for Damage and Accidents: If You cause damage to a Vehicle, Skurt may charge Your credit or debit card on file for the entire amount of the damage repair cost or, if you elected to accept CDW, the amount of the service fee assessed by Skurt to administer the CDW claim. Skurt will also hold You responsible for, and You agree to be so held, any reasonable administrative fees, as well as rental car costs while the Vehicle is being repaired.
Cooperation with Loss Investigation: If the Vehicle is damaged in any way or involved in a collision or accident, you agree to fully cooperate in any loss investigation that Provider or Skurt may choose to conduct.
Items Left in Vehicle: Skurt shall not be liable for replacement and/or reimbursement of/for any personal items and/or belongings which are left in the Vehicle during Your rental or after your rental has ended. Skurt may, but is not obligated to, attempt to assist you in locating any personal items left in the Skurt Rental.
Telematics: You acknowledge and agree that the Vehicle may be equipped with telematics systems and that Provider and/or third party operators of the telematics or affiliates of such third parties may all have access to the location of the Vehicle or access to other information supplied by the telematics system. You acknowledge and agree that You do not have any expectation of location privacy, route privacy or speed privacy while using the Vehicle. Further, You authorize Skurt to contact you if any telematics equipment is tampered with and/or removed. If the telematics device is willfully removed and/or lost during Your rental, You will be assessed a $100 fee.
Insurance. In the unlikely event of a conflict or inconsistency between the explanation of insurance coverage in these Terms and an applicable insurance policy offered to the Skurt community, the insurance policy language controls.