The following provisions apply if you list a vehicle for rent using the Services:
When you register for an EagleShare Account, you will identify the vehicle(s) that you want to list for rent through the Services. You agree and understand that EagleShare may require documentation, acceptable at their discretion, sufficient to demonstrate that your vehicle is legally registered and that you have a valid title. At this time, the only vehicles that may be rented through the Services are motorcycles.
You agree and understand that your continued registration through the Services requires your continued assistance in maintaining quality in the EagleShare community. This means that listings created shall be accurate and include pictures and documentation (Make, Model, and Year), registration, insurance, along with any other information suggested in the Vehicle Listing Guidelines. Listings deemed to be inaccurate or deceptive may be reported, requiring correction, failure to do so may result in suspension or termination of your account. You agree and understand that the Services are provided for you to enter into a reservation and rental agreement with Renters. EagleShare provides administrative support in this process, including model Reservation Agreements, and maintenance of the Services. EagleShare is not a party to the agreement between Users, nor do we provide legal advice beyond providing a template for recording agreements between Users. EagleShare does not undertake to warrant the sufficiency or accuracy of information as communicated between Users, however, EagleShare reserves the right to terminate or suspend EagleShare Accounts deemed to violate the incorporated Terms.
As an Owner, you commit that you will provide a safe and legally registered and insured vehicle, with current license plates, with a clean (i.e., non-salvage/branded/written off) title, and in good mechanical condition. You will provide such a vehicle on time but only to a Renter who is listed on the Services as the Primary Rider for the trip. You commit that your listings will be complete and accurate and you will honor all representations made in your listings. You will not offer any vehicle or optional Extra(s) that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. You will not offer any Extra(s) that is not safe, clean, and acceptable for the use it is intended. You will not offer any vehicle that is the subject of a missing or stolen vehicle report. You will not offer any vehicle that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer a vehicle that is not roadworthy (i.e., not “street legal”) in the location where it is shared and it will not have any illegal modifications to any part of the vehicle.
Additionally, as an Owner, you represent and warrant that (i) you own or have all the necessary rights, consents, and authority to permit the motorcycle you submit to be used as contemplated by the Service; and (ii) the use of the motorcycle you submit as contemplated herein will not violate any rights of a third party or any agreement with respect to such motorcycle, including any leasing or financing agreement.
Upon receipt of the Reservation request by Renter, you as an Owner should respond in a timely fashion. In the event, the Reservation request does not include all required or requested information. EagleShare requires that you contact Renter, and ensure that the Parties agree to the Reservation, are in compliance with the Terms. Through the User dashboard, the Renter will receive the address for the pick-up of the vehicle at the start of the rental period.
Pick-up and Rental Procedures
Prior to pick-up, the owner is required to inspect the vehicle and perform any required safety maintenance (i.e., ensuring fuel, fluid, chain, tire thread, lighting, horn, and air-pressure levels are acceptable). You must deliver the vehicle and all rented gears to the pick-up point that you have provided at the registration. Before you initiate the pick-up process, please make sure that the Renter has completed the online check-in. At the time of pick-up, you shall be responsible for confirming all terms of the reservation, including the identity of the Renter. You shall be responsible for receiving a copy of Renter's valid motorcycle license. If the Renter fails to present a valid license, you should not continue with the pick-up. The Reservation period should NOT commence any further Rental or Trip Period.
If Renter DOES present a valid license and all terms of the reservation are otherwise confirmed, you must verify the identity of the Renter, and make sure all information is correct and valid before you provide the Renter with your vehicle. You must ensure the driver’s license matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on a facially valid driver’s license. Please take pictures of this license next to the face of the Renter.
The Renter may request additional Extras and/or upgrades be added or removed from their reservation in which you may have the opportunity to do so. Based on the type of changes made, an increase in the balance or refund may be due to the Renter. Your renter must fulfill any and all payments of balances owed before the rental period.
You are required to take photos of the vehicle during pick-up to ensure proper documentation of the condition of the vehicle before the start of the rental period. It is a violation of the Terms by not doing so. You are required to complete the Safety Check Inspection during the pickup process. If the vehicle fails the safety check, the reservation must be canceled. Please instruct Renter on the basics of operation SPECIFIC to your motorcycle, including operation of the steering wheel lock, and any other instructions particular to the motorcycle being rented. Be sure to re-state maintenance requirements during the Rental Period, and be sure Renter understands them. You must validate the Renter's resume, make sure he/she is comfortable with riding the vehicle.
During this period, a booked Reservation shall NOT have converted into a Rental unless all conditions precedent have been performed, meaning terms of your Reservation Agreement, and EagleShare Terms are satisfied. As a practical matter, this means if you detect any obvious or likely possibility of Renter engaging in Prohibited Activities as listed in the Renters Terms, EagleShare permits you to make a judgment call. Intoxication or lack of skill sufficient to safely operate the vehicle should be apparent. Understand that no liability will attach to the Owner for negligent entrustment if apparent impediments to the safe operation are apparent. However, do understand that Renter may have recourse through the Terms, the Parties have accepted to submit to an informal dispute resolution process. You will still be paid their reservation fee; however, EagleShare reserves the right to review your Owner account if a pattern of unwarranted cancellations and unfavorable disputes are detected. If no obvious violations of the Terms or your Reservation Agreement between Renter and Owner are detected, then the reservation will be allowed to convert to a Rental.
Drop-off Procedures
At the time your motorcycle is returned by sure to document any perceived damage to the vehicle beyond wear and tear, additionally please ask the Renter how the Rental went. Make note of any problems or complaints they may have had and, to the extent possible ensure any wear and tear or conditions presented are remedied before completing a subsequent reservation through the Services. You are required to take photos of the condition of your vehicle at drop-off.
Physical Damage
If there is physical damage, and/or you believe that Renter has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of reservation) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, EagleShare, third-party claims administrators or commercial owners, and their claims administrators will reasonably determine whether the damage occurred during the reservation period and is eligible for coverage. If it was, and you did not decline a protection plan made available via the Services, you will be reimbursed for the loss as described in the sections below. If EagleShare and Commercial owners are not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by EagleShare, third-party claims administrators, or commercial owner, and their claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any financial responsibility for such damage. The coverage provider reserves the right to determine where and how the vehicle is repaired along with the cost/limit of repair.
Late Drop-off Fee and Additional Charges
Renters have up to a 59-minute grace period for late drop-off. If the Renter returns the vehicle after one hour, you can charge the Renter an extra usage charge per hourly rate (25% of the daily rate). The total charge for each additional day cannot exceed the daily rate. In addition, you can add a flat penalty fee which must not exceed the daily rate either. Additional usage charges may apply for Extras that were purchased on the reservation. You will be allowed to modify the charges only for those which are offered by you and not EagleShare. You must inform the Renter and make sure the Renter is aware of the changes. The Renter will be responsible for any and all balances, charges, fees, etc, due at drop-off.
Reimbursements
You can issue reimbursements to Renters if needed. However, the cumulative refundable amount must not exceed your earning share of the booking.
Rental Rate
You will have the ability to set and revise the vehicle's pricing as you choose. EagleShare will pay you the amount collected from the Renters, less the applicable fees payable to EagleShare. To the extent you owe EagleShare money for any reason, EagleShare also reserves the right to debit your account or deduct those amounts from your future bookings or charge any form of payments we have on file in your EagleShare Account.
Payment Processing
You authorize EagleShare to obtain access and perform all necessary activities to collect the payment(s) for the sharing of your vehicle. You further agree to provide accurate and complete information about you and authorize EagleShare to facilitate the payment processing services.
Exchange Rate
The fluctuation of the exchange rate can significantly impact the total earnings you receive. EagleShare will calculate your shares in USD based on the exchange rate at the time when the payment(s) is received.
Host Fee
Private Owners enjoy 75% of the daily rental revenue, including any extras you charge for. Club EagleRider members receive 80% of revenue. Commercial hosts with EagleShare Insurance and Protection plan keep 80% of the daily rental revenue, and Commercial hosts with their own commercial insurance keep 85% of daily rental revenue. EagleShare uses the Host Fee to cover insurance, marketing, support, customer service, and more.
Taxes & Fees
You understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes in connection with your use of our Services. Please familiarize yourself with the applicable tax regulations and consult with your personal tax advisor. Further, some airports where you offer delivery may take the position that you must have a permit to use airport premises and remit fees. While EagleShare does not believe that rental vehicle permits should apply to peer-to-peer vehicle sharing, not all federal/state/local authorities agree with this position.
Maintenance
You are required to regularly check your vehicle for any defects in its operations or safety. You must keep your vehicle in a safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You will only list vehicles with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and complete any recommended action before allowing your vehicle to be booked. Your listing must have the latest service record to be considered in good standing. Besides, if EagleShare believes that your bike does not conform to reasonable standards, EagleShare may notify you and reserves the right to remove or decline to list your vehicle until its concerns have been resolved. Plus, all existing bookings for this vehicle will also be canceled. EagleShare may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Services.
Protection Coverage
All owners outside of the USA or in the state of New York must have commercial rental insurance for their customers. Owners and renters(drivers only) are not required to have insurance protection through the Service, but all vehicles must carry insurance coverage in order to get protection.
For owners in the US (except the State of New York), protection coverage options are available for Motorcycle with the model year of 2006 or newer. Your vehicle must be legally registered to be driven on public roads. EagleShare Insurance Protection covers use on public roads only. (List of exclusions, damage policy applied.)
Incident Reporting
Where you elected for a protection plan when booking your trip via the Services, you must immediately report any damage to the vehicle you are using to EagleSahre or commercial owners. If there has been a collision, you must also make a report to the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide EagleSahre, third-party claims administrators, or commercial owners with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by EagleSahre, third-party claims administrators, Commercial owners, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of EagleSahre or commercial owners. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.
Damage Exclusions (Renter only)
There are some exceptions to EagleShare’s obligations in the “Physical Damage” section above, even where you have selected a protection plan made available via the Services. EagleShare's Insurance Agency (in the United States except for NY), EagleShare, and its insurers and producers or commercial owners are not responsible for any optional Extras or any personal property, including any aftermarket installations (e.g. backrest, saddlebags), that are taken from your vehicle or damaged during a reservation period. We recommend that you remove all personal property before making the vehicle available for a reservation. In addition, you should expect normal wear and tear on your vehicle and optional Extras, including minor scrapes and dings, in connection with your participation in the Services. EagleShare or Commercial owners will not reimburse you for normal wear and tear to your vehicle other than as described here. Any protection, coverage, and/or insurance provided may be voided if you violate these Terms, our policies, and/or submit inaccurate information about your vehicle when listing it for sharing on the Services (for example, falsely represent the make, model, or year of the vehicle).
Other Insurance and Legal Matters
In addition to the terms provided in the “Terms for Protection Plans” section above, you agree to comply with any and all applicable laws and regulations, including applicable registration and minimum insurance requirements for your vehicle. As part of your participation in the Services, you must maintain your own insurance policy and meet any minimum insurance levels required by law. In the United States, there is personal vehicle sharing legislation that may apply to you; more information is available in our FAQs. Where permitted by law and where you opted for a protection plan made available via the Services by EagleShare's Insurance Agency or commercial owners, you hereby appoint EagleShare's Insurance Agency or commercial owners (as the case may be) as your attorney-in-fact for the purpose of filing insurance claims, receiving insurance payment, otherwise administering an applicable insurance policy, and/or working with law enforcement, Renters, drivers, or private entities to recover the unreturned or impounded vehicles. You also promise to maintain registration information and proof of insurance in your vehicle during every reservation period. EagleShare's Insurance Agency and Commercial owners including their insurance agencies may obtain insurance through a third-party provider or may choose to self-insure subject to all applicable laws and regulations). You agree to provide EagleShare or commercial owners with information regarding your policy’s coverage as may be requested. You must inform EagleShare or commercial owners promptly in the event information previously provided changes.
Indemnification
If you selected a protection plan via the Services, in the event of any claim for a loss or injury that occurs during the use of your vehicle by a driver(or by EagleShare itself), subject to your compliance with these Terms and the Policies, EagleShare or its insurers and Commercial owners including their insurance agencies will defend and indemnify you, subject to any exclusions or limitations in the policy or policies of insurance contained with the protection plan, against such claims as required by applicable law. In connection with any indemnified claim, you are required to give EagleShare or its insurer's prompt written notice of the claim; allow EagleShare Commercial owners including their insurance agencies sole control over the defense of the claim; and provide EagleShare or Commercial owners including their insurance agencies reasonable cooperation in its defense of the claim, at EagleShare’s expense or Commercial owner's expense. If EagleShare or its insurers reimburses you for a lost or damaged vehicle and you later receive payment for some or all of your vehicle from a third party (e.g. a third party insurance company or restitution), you must reimburse EagleShare or the commercial owner proving the insurance any monies received from that third party in an amount equivalent to, but not to exceed, the funds provided to you by EagleShare or the commercial owners.
Missing Vehicles
If you selected a protection plan via the Services and your vehicle goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the Owner, must immediately contact an EagleShare representative and follow his or her instructions, including cooperating with EagleShare, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by EagleShare to file a police report, you must do so within 24 hours of receiving those instructions.
Additional terms for Commercial Owners
A commercial owner may provide its own insurance, collision damage waiver, or protection plan to its Renters. A commercial owner with its own insurance should define and collect the security deposit by themselves.
When you provide your own insurance/protection plan, you waive, on behalf of yourself and any affiliated individuals (including, but not limited to, employees, employers, associates, contractors, or any other related personnel) or entities (whether they be corporations, partnerships, sole proprietorships, limited liability companies, or otherwise) (collectively, “Affiliates”) any protection plan normally offered via the Services, to you or any Affiliates, your vehicles, and any guests or approved drivers of all of the vehicles you list on EagleShare. You, as the owner, shall be exclusively responsible for providing commercial rental insurance coverage for any reservation of your motorcycles through EagleShare. You shall carry no less than the minimum applicable liability and/or physical damage insurance for your motorcycle and your renters. When you provide your own insurance/protection plan, you represent and warrant that you are a licensed commercial motorcycle rental company, or you are an individual or company that can offer commercial motorcycle rental insurance to renters.
You further acknowledge and agree that you shall receive no protection or coverage from EagleShare, or any affiliates, whether that be financial responsibility for physical damage, third-party liability protection, uninsured or underinsured motorist coverage, PIP or any similar coverage or indemnification, roadside assistance, or trust and safety support as part of a booking of your motorcycle. These provisions replace and supersede any representation made by EagleShare, or those acting on behalf of EagleShare, including but not limited to statements made on the Services, these Terms, Help Center, Policies, emails, and/or marketing materials, concerning protection plans, insurance, and roadside assistance otherwise offered to owners and renters.
EagleShare reserves the right to, but does not commit to, satisfy itself that you are, or are acting on behalf of, a licensed commercial motorcycle rental company and have the ability to offer commercial motorcycle rental insurance to renters/drivers of your motorcycles. If EagleShare has any concerns in this regard, you agree that EagleShare can automatically, and in its sole discretion, default all of your vehicles to a protection plan of our choice, along with its associated fees (if offered in your region), remove your listings or suspend your EagleShare Account.
If you lose the ability to offer commercial rental insurance to your renters (for example, your policy has been canceled or nonrenewed), you must immediately change the status of your motorcycle. If the change is temporary, you can deactivate your motorcycle(s). If you need to permanently change the protection plan for your motorcycle(s) back to a protection plan made available via the Services, contact us at cs@eagleshare.com. Never let a renter pick up a motorcycle or continue to use a motorcycle without providing them insurance coverage.
You must disclose on your listing page any applicable additional fees, costs, and/or taxes you assess in addition to other requirements you may impose (such as a security deposit or if you do not accept debit cards, for example). You must never surprise renters with hidden costs or requirements at pick-up. EagleShare reserves the right, in its sole discretion, to default your motorcycles to a protection plan of our choice, remove your listings, or suspend your EagleShare Account for failure to be transparent with renters about fees, costs, and requirements in your motorcycle listing page.
You shall defend, indemnify, and hold EagleShare, its subsidiaries, affiliates, employees, officers, directors, and agents, and any of your renters, harmless from and against any and all claims, demands, suits, judgments, costs, expenses, liabilities, attorneys fees, damages, consequential damages, punitive damages, property damage, personal injury, theft or otherwise, without limitation, related to or arising out of any reservation or use of any vehicles, including without limitation, any vehicle damage, personal injury or property damage where you have declined the protection plan made available via the Services or one is not available in your region.
