EagleShare Renter Terms
Last Revised: February 4, 2021
PLEASE REVIEW THE EAGLESHARE TERMS OF SERVICE before THE APPLICATION TO USE THE SERVICES AS A "RENTER".
The following provisions apply if you rent a vehicle using the Services as the primary driver/rider and not a passenger:
You, as a Renter, commit that you will be a legally licensed driver and provide proof to the Owner or via the Services of a current, valid driver’s license. You will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than the person listed in the trip details as a Primary Rider ("Renter") to drive the vehicle you rented.
Fees and Fines
You are responsible for paying all fees when they come due. You hereby authorize EagleShare to charge any payment methods on file in your User Account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles, and damages, and you represent and warrant that you have the right to make this authorization. You will be responsible for all of the costs relating to any citations and fines (e.g., tolls, parking tickets, towing fines) incurred during the rental period. All fines and fees (e.g., service fees, usage fees, etc.) are subject to change at any time without notice.
Your financial responsibility is Primary. You are financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies to whether you possess auto insurance or not.
You may be insured against damage to the booked vehicle under their own insurance policies. When you book a vehicle on EagleShare, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with EagleShare to make a claim for coverage under any policy of insurance that applies to the loss. You can limit the amount you are obligated to pay out of your own pocket in the event there is damage to the booked vehicle during the booked trip by choosing a protection plan on the Services (if available at the time of booking).
Concerning damage, losses, or other liabilities incurred during the rental period, 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 motorcycle insurance or insurance from credit cards, etc.) which can be the primary source of funds for your liabilities hereunder. Any protection plan you select when booking a vehicle, to the extent offered, will not be available to you until your personal insurance has been exhausted. Also, the protection plan you select when booking a vehicle, if any, may not be available to you in the event you breach your obligations under these Terms. Subject to the coverage and protection available to you, you acknowledge and agree that you are fully responsible for any damage, losses, or other liabilities relating to your activities through EagleShare during the rental period. You agree that in the event damage is reported, EagleShare may immediately charge you up to the amount stipulated in the protection plan you selected when you booked the vehicle. Nothing in these Terms is intended to limit your responsibilities or EagleShare's legal rights in connection with your use of the Services. You acknowledge that EagleShare may, in its sole discretion, require and hold a deposit as part of the reservation of a vehicle.
You understand and agree that EagleShare, or third-party insurance companies or producers, acting for the benefit of EagleShare and/or the Owner will arrange for or provide primary liability insurance for the Owner and that you, as the Renter, will not look to the Owner or the Owner’s insurance policy for coverage, in accordance with our Terms and all applicable vehicle sharing statutes. You are fully responsible for paying any damage to the vehicle, subject to the protection plan you selected, as well as deductibles, contributions, fees, expenses, liens, or fines arising out of your use of a vehicle booked through the Services. If EagleShare advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to EagleShare’s schedule for repayment of those amounts to EagleShare.
EagleShare does not act as Insurer, Payment Processor, nor are we a party to Users contracts. Our responsibility is to maintain the Services and provide administrative services to ensure their continued operation and quality of User experience. For the provision of the Services, Administrative Services, and EagleShare Accounts, EagleShare charges transactional service fees of the transactions between Renters and Owners before Rental fees are distributed to Owners. These service fees are subject to change at any time at our sole discretion. Renters shall be charged additional fees on a basis calculated per trip, or for payment of additional Insurance for payment to third-party Insurers.
Booking with Commercial Owner
Where an Owner can offer you at least the legally required minimum insurance through their own commercial or rental policy, the Owner may choose to decline insurance on the Services and provide its own policy directly to you as the Renter. We refer to these Owners as “Commercial Owner.” You can determine directly in the vehicle listing whether the vehicle is offered by a Commercial Owner. If you book with a Commercial Owner, no third-party motorcycle liability insurance, financial responsibility limitations for physical damage, or roadside assistance is made available via the Services by EagleShare, or any third-party insurance partners, brokers, or producers. The Commercial Owner will bill you directly for any applicable protection plan after booking, not through the Services. In these circumstances, a Commercial Owner may require you to sign additional paperwork, provide a deposit, or pay additional fees, costs, or taxes after booking, for instance when picking up the motorcycle. By booking a motorcycle where a Commercial Owner is providing protection, you agree that the Commercial Owner may impose additional terms and fees after booking.
Once you have booked a vehicle, the Owner is required to respond to Reservation Requests in a timely manner, if the Owner should have any questions, or require additional information, you must also ensure all communication is timely, or Reservation Requests may lapse or otherwise be terminated for non-response. Once you and the Owner have agreed to the reservation and rental terms, the Parties shall then be required to execute a Reservation Agreement that reflects the Terms of the Agreement between them and acknowledges EagleShare’s supporting role in the Transaction. Through the User dashboard, the Owner will send the address for the pick-up and drop-off of the vehicle for the rental period.
Prior to picking up the vehicle booked, please complete the online check-in on the EagleShare website. You are required to enter/update your personal and verifiable information, including, but not limited to, your legal name, email address, phone number, residential address, driver’s license information, and any other additional information. You also need to upload two (2) photos of your driver’s license (front and back), brief information about your riding history, such as how many years of riding, which models you have ridden before, and a short description of yourself. If no damage waiver was purchased, you need to supply proof of any current vehicle insurance policy. EagleShare has the right to decline the booking with/without any reason at our sole discretion.
The Security Deposit is an ‘Authorization Only’ onto a major credit card meaning the funds must be available for hold but is not processed against your account.
Security Deposit may vary by the Insurance and owner:
- If you have purchased EagleShare Insurance Protection plan, your Security Deposit amount is $1,000 USD;
- If you declined EagleShare Insurance Protection plan from a private or commercial owner, your Security Deposit amount is $2,000 USD;
- if you rent from a Commercial Owner who has their own insurance and protection plan, the Security Deposit is defined/collected by the owner.
Use of the Vehicle
When you rent a vehicle from an Owner through EagleShare, you must use the vehicle only for your personal use and not for any commercial purposes. You may not access a vehicle until the beginning of your rental period and you must return the Vehicle on time and in the correct location. You must present the Owner with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely and in compliance with all applicable laws, including without limitation, speed limits, and prohibitions on impaired or distracted driving. In the event EagleShare has any concern about your use of a vehicle, EagleShare may terminate your reservation at its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the Owner. You are required to comply with local, state, and federal laws with regard to wearing a helmet during the operation of the vehicle. You must remove any keys from the vehicle when not in use and take cautionary measures to prevent any damage or theft while not in use. The EagleShare Terms provide a list of “Prohibited Activities” of any vehicle rented through the Services. The list isn’t meant to be exhaustive. You will be fully financially responsible for any claims, loss, or damage related to your misuse of a vehicle and your protection plan may be voided. You also acknowledge that using a vehicle in a prohibited manner or otherwise breaching this Agreement may lower the traveler’s liability coverage to legal minimum limits, or nullify coverage and may furthermore nullify any comprehensive or collision protection where allowed by applicable law.
Pick-up and Rental Procedures
Please arrive at the Pick-up on-time with your valid motorcycle license (no temporary permits accepted), and in a manner that satisfies the terms of your Reservation (i.e., required safety gear if not being provided by the Owner, etc.). In the event, you fail to produce a valid motorcycle license, or otherwise are unable to meet the Renter Terms, including presenting any obvious inclinations to operate the vehicle in violation of the Prohibited Activities terms listed below, the Owner is under no obligation to commence the Rental period. You may forfeit any reservation fees for failure to produce a valid license for the vehicle, or inability to satisfy the Renter Terms, or apparent inability to operate the vehicle without violating the Prohibited Activities terms.
If you present a valid license, and otherwise are in compliance with the Reservation terms, understand that upon submission by the Owner of a photo of your valid license held next to your face shall commence the Rental or Trip period. Understand the submission by the Owner of the Photo of your license will be time-stamped and considered the commencement of the Rental Period.
You 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 you. You must fulfill any and all payments of balances owed before the rental period.
During Pick-up, you shall receive specific instructions from the Owner with regards to the operation of their motorcycle. At this time make a note, of any damage or defects to the motorcycle. You are required to upload or document any photos of defects or damage detected prior to the Rental Period.
Condition of the Vehicle and Safety Check Inspection
You understand that Owners own the vehicles offered through the Services. Each Owner is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in a safe and roadworthy condition. Please complete a visual inspection and safety check inspection before you begin your use of the vehicle. If the vehicle failed the safety check, the booking must be canceled. If you find damage in your initial inspection, you should upload photos of such pre-existing damage during the pick-up process to ensure that you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, EagleShare, third party administrators, or insurance partners may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; inform the Owner and request a cancellation of your reservation.
You acknowledge that EagleShare is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the Services beyond our Terms that require Owners to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean title (i.e., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.
Maintenance and Fueling Responsibilities
During the Trip or Rental Period, you assume all responsibility for checking fluid, fuel, and air pressure levels, based on the length of the trip, as may be communicated to you in the Vehicle listing, Reservation Agreement, or instructions communicated to you by the Owner. In the event of mechanical failure, you shall promptly report issues to the Owner. Upon return of the motorcycle, you may be held responsible for any damages beyond normal wear and tear deemed to be the result of a negligent operation or failure to provide routine maintenance.
Please ensure that fuel levels are the same as when the Rental period commenced, or you may be charged for the difference. At the time you return the motorcycle, please describe any issues encountered during the Rental period, to the extent you had not done so during the Rental Period. If the issues are the result of normal wear and tear, providing such information will be helpful to the Owner and allow for safe and enjoyable use of the EagleShare service. You must upload photos of the condition of the vehicle drop-off.
Late Drop-off Fee and Additional Charges
Unless both you and the Owner have mutually agreed to an extension of the rental period and documented this through the Services, any returns more than one hour past the agreed time shall incur charges for additional hours or days late plus any additional penalties, incurred fees, and extra usage charges. You have up to a 59-minute grace period for late drop-off. If you return the vehicle after one hour, you will be charged 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 may be charged a flat penalty fee which must not exceed $99 USD either. Additional usage charges may apply for Extras that were purchased on the reservation. You will be responsible for any and all balances, charges, fees, etc, due at drop-off.
Safe Renting Policy
At all times during the Rental Period please retain a copy of the Rental Agreement, and the Insurance card you have been provided through the EagleShare dashboard. You agree that you shall use all legally required safety gear, including helmets, as required in the municipality or state where the Rental shall occur. It shall be your responsibility to ensure that appropriate safety gear is used regardless of whether it is supplied or rented from the Owner according to terms agreed by the Parties. Further, regardless of whether the law in your jurisdiction requires mandatory use of certain safety gear, including helmets, you acknowledge that EagleShare requires the use of appropriate safety gear appropriate for your riding ability and an acknowledgment that you may be unfamiliar with the motorcycle you have rented.
Similarly, EagleShare requires you to identify by name any Passenger you shall convey during the Trip or Rental period at the time you submit any prospective reservation to be booked. Any Passenger must be at least 21 years or older. You are responsible for further ensuring that Passenger is familiar with motorcycle safety laws in your city and/or state. Passengers are required to review the Terms of EagleShare. By submitting Passengers name and booking a registration with their information, you represent that Passenger has reviewed and accepted all incorporated Terms. By so doing, you shall assume the responsibility and risk for ensuring that the passenger is in compliance with all applicable motorcycle safety and helmet laws. EagleShare's insurance agent does not offer any coverage for the passengers. Check with the commercial owners if they offer coverage to passengers.
Further, EagleShare requires you to review the Insurance and Damage Waiver options available at the time of check out. You agree and understand that you assume all inherent risks and responsibilities in selecting the appropriate coverage, for ensuring they have the requisite skill required for the safe operation of the motorcycle to be rented, and that they have taken responsibility, financially and otherwise, for ensuring their Passenger shall comply with all laws and these Terms during the Rental or Trip Period.
You acknowledge and agree that any of the following prohibited activities during the reservation/rental period may result in cancellation, early termination of the reservation/rental, negate any Insurance Coverage, result in the termination or suspension of their EagleShare Account, or forfeiture of any payment during the reservation/rental process.
- Without a valid appropriate license at the time of pick-up
- Without full disclosure of driving record or infractions
- Without demonstrable requisite skill at the time of pick-up
- While under the influence of drugs, alcohol, or medications, or any type of impairment that might prevent safe operation
- Authorizing persons not specifically disclosed on the Reservation to operate or ride as a Passenger
- Without legally required safety equipment in acceptable condition whether or not provided by Owner
- Operating vehicle without proper maintenance (i.e., replenishing fuel, fluids, maintaining tire pressure)
- Altering vehicle in any way
- Any off-road operation, racetrack, or operation on anything other than finished, paved roads
- In a reckless manner (i.e., Stunt driving, wheelies, burn-outs, etc.)
- Riding vehicle in a manner not intended by the manufacturer
- Failing to heed the Owner’s specific instructions particular to the vehicle being rented
- Using the vehicle to tow or push an object, or in excess of manufacturers load limits.
- For commercial uses, unless specifically approved by EagleShare or the owner
- While you are distracted, for example, smoking, eating, texting, operating a cellphone or other device while driving
- To enter a race or competition unless specifically disclosed and allowed according to Reservation terms
- In the commission of any criminal or reckless act
- Without reporting an accident, or malfunction as soon as possible to the Owner, and/or EagleShare
EagleShare may decline, cancel, or terminate early any Rental at its sole discretion should such action be deemed by EagleShare in its or the owners’ best interest.
An Owner may cancel the reservation at the time of pick-up if you are unable to provide a valid motorcycle class driver's license, you do not possess the required safety gear, are visibly impaired, or demonstrate a lack of basic skill in the operation of a clutch, or manual transmission, or any skills fundamental to safe vehicle operation. The Owner is under no duty to perform any extensive assessment of skill and preparedness to begin the Rental period, but may in their discretion, may cancel the reservation if Renter is unable to provide a valid motorcycle class driver's license or presents an appreciable threat to engage in Prohibited Activities or otherwise violate the Terms of this Service or the Reservation Agreement between the Parties.
EagleShare shall defer to the judgment of the Owner and may accept proof, documentation, or narrative description of either party in the event an informal dispute resolution process is initiated according to these Terms.
In the event of an Accident
- Notify authorities and seek medical attention immediately.
- As soon as practical, inform the Owner and allow them to retrieve and take possession of the motorcycle to prevent further damage or expense to be incurred that you may otherwise be held responsible for.
- Obtain names, addresses, phone numbers (work, home), and license numbers of all persons involved, including passengers and witnesses.
- Obtain license plate number and state of equipment involved in the accident
- To the extent possible, take photos of the accident and document any damages to Passengers, or third party or other property damage
- For smaller incidents, do not attempt to repair the damage or replace parts without the Owner's consent
You must immediately report any damage to the vehicle you are using to EagleShare. 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 EagleShare and third-party claims administrators or Commercial owners including their insurance agencies 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 EagleShare and its third-party claims administrators, insurers, or Commercial owners including their insurance agencies. After an incident, you may not continue to use the vehicle unless you have the explicit permission of EagleShare 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.
The following conduct may result in the reporting of the vehicle you have booked 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 protection plan:
- If you fail to return the vehicle you booked at the time and place agreed upon with the Owner and/or designated in your reservation
- If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services as set forth here
- Any damage to, or loss, or theft of, a vehicle occurring before the Owner inspects the vehicle upon return at the end of the reservation is your responsibility
- If you misrepresent facts to the Owner pertaining to booking, use, or operation of a vehicle
- If the vehicle’s components are stolen or damaged or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during the rental period
- If you fail or refuse to communicate in good faith with the Owner, police, EagleShare, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism
- If the vehicle 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 Owner, or who misrepresents or withholds facts to/from the Owner or EagleShare material to the booking, use, or operation of the vehicle
You will be responsible for any private investigation costs EagleShare deems necessary to recover a vehicle that is not returned. Also, a case administration fee will be imposed on you if EagleShare and/or the Owner has to report a vehicle as stolen to law enforcement due to it not being returned.
EagleShare, a hired agent of EagleShare or the Owner may repossess any vehicle rented through the Services without demand, at your expense, if the vehicle (i) is not returned by the end of the reservation, (ii) is found illegally parked or apparently abandoned, or (iii) is used in violation of applicable law or these Terms.
If a vehicle you have rented through the Services goes missing and/or is stolen during the rental period (or any extension period thereof), you, as the Renter, must (i) immediately return the original ignition key to the Owner, if such key is still in your possession; (ii) file a police report immediately after discovering the vehicle is missing or stolen, but in no event, more than 24 hours after discovering it has gone missing; and (iii) cooperate fully with the Owner, law enforcement, EagleShare, and any other authorities in all matters related to the investigation.