Terms & Conditions of Service
Elevate Luxury LLC. (“Elevate Luxury”, “we”, or “us”), provides a car sharing platform that connects vehicle owners with travelers and locals seeking to book those vehicles. Elevate Luxury is accessible online including at www.elevate-luxury.com and via phone. The Elevate Luxury website, vehicles, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Elevate Luxury users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”). These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Elevate Luxury.
These Terms constitute the “Agreement” between you and Elevate Luxury (each a “Party” and together, “the Parties”). In addition, Elevate Luxury provides a Car Rental Agreement that summarizes the terms of each reservation, accessible in the Services for any booked or previous trips and you may use it as proof of a reservation.
Modification. Elevate Luxury reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on our website. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services.
Eligibility, verification
Eligibility
The Services are intended solely for guests who meet our eligibility requirements in the location where the vehicle is booked and hosts who are 21 or older. Any use of the Services by anyone that does not meet these eligibility requirements is expressly prohibited.
Eligibility Requirements:
- Valid Driver’s License
- Valid Insurance policy which clearly states Driver’s name as an insured party
- Must be 21 years of age or older
- Must pass a Driver Vetting process performed by our commercial insurance
- Valid email address
- Valid phone number
- Payment method must match Driver’s License name
Verification
Where permitted, Elevate Luxury has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to help verify the identities or check the backgrounds of users, including driving history and driver’s license validity. Elevate Luxury does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. Elevate Luxury may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Elevate Luxury to request, receive, use, and store such information. Elevate Luxury may permit or refuse your request to book or list a vehicle in its sole and absolute discretion.
Consumer Report Authorization. When you attempt to book a vehicle, or at any time after where Elevate Luxury reasonably believes there may be an increased level of risk associated with your reservation, you hereby provide Elevate Luxury with written instructions and authorize Elevate Luxury, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.
Fees
Fees
The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your reservation prior to making a payment. When you provide Elevate Luxury a payment method, you authorize Elevate Luxury, or third-party service providers acting on behalf of Elevate Luxury, to store your payment credential for future use in the event you owe Elevate Luxury any money. You authorize Elevate Luxury to use stored payment credentials for balances, including for Trip costs, trip fees, and guest fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances.
Collection of fees
Elevate Luxury and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. Elevate Luxury, or the collection agencies we retain, may also report information about your Elevate Luxury Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your Elevate Luxury reservation may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges.
Your commitments
You agree that you will always use your Elevate Luxury rental and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Elevate Luxury.
Prohibited activities
In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violate any law, including:
- Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights
- Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Elevate Luxury, or that comes from the Services and belongs to another Elevate Luxury user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Elevate Luxury
Dilute, tarnish, or otherwise harm the Elevate Luxury brand in any way, including:
- Through unauthorized use of the Services and/or user content
- Registering and/or using “Elevate Luxury” or derivative terms in domain names, trade names, trademarks, or otherwise
- Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Elevate Luxury domains, trademarks, taglines, promotional campaigns, or Elevate Luxury and/or user content
Provide or submit any false or misleading information, including:
- False name, date of birth, driver’s license details, payment method, insurance, or other personal information
- In relation to a claim (for example about damage to a vehicle)
- By requesting an Elevate Luxury rental on behalf of an individual other than yourself or the company you represent
- Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity
Fail to honor your commitments, including:
- Fail to pay fees, penalties, or other amounts owed to Elevate Luxury
- Fail to timely deliver, make available, or return any vehicle and optional Extras
- Transfer your Elevate Luxury Rental to another party without our consent
- Leave a vehicle unlocked or running with the keys inside, except where instructed to do so directly by Elevate Luxury in certain limited circumstances
Harm or threaten to harm users of our community, including:
- Harass, stalk, or defame any other Elevate Luxury user
- Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers
- Sue or assert legal claims against Elevate Luxury in any manner prohibited or waived by these Terms
Use the Services for your own unrelated purposes, including to:
- Contact another Elevate Luxury user for any purpose other than in relation to a booking, vehicle, listing, or the use of the Services by such user
- Commercialize any content found on the Services or software associated with the Services, including reviews
Other legal matters
Violations. Elevate Luxury has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.
Communications with you. You agree that Elevate Luxury may contact you by electronic means (e.g., electronic mail; notifications via text messages) in lieu of any requirement for mailed notices. We may place such calls or texts to confirm your reservation information, provide notices regarding your Elevate Luxury rental or Elevate Luxury activity, investigate or prevent fraud, collect a debt owed to us or recover unpaid invoices, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Elevate Luxury is required to obtain your consent for such communications, you may choose to revoke your consent. You agree that Elevate Luxury may contact you on any day, at any time of day, and in relation with the above purposes.
You authorize Elevate Luxury and our service providers, without further notice, to monitor or record telephone conversations or web chat interactions you have, or anyone acting on your behalf has, with Elevate Luxury or its agents for quality control, training, or other purposes. You understand and agree that your communications with Elevate Luxury may be overheard, monitored, or recorded. If you do not wish to have your call recorded, please contact us instead in writing through our website.
Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.
Specific terms for guests
Guest financial responsibility for physical damage to the vehicle
The guest that booked the trip (“primary guest”) is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary guest has their own auto insurance or not.
Primary guests may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle on Elevate Luxury, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with Elevate Luxury to make a claim for coverage under any policy of insurance that applies to the loss.
If the guest has their own personal auto policy, it will be primary over the auto liability insurance or protection provided with each trip, depending on various factors such as applicable laws, where the guest books the vehicle, and/or where the accident or damages occur.
Use of the vehicle:
When you book a vehicle on the Services, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Uber or Lyft or delivering food or other packages) unless you have express written permission from the Elevate Luxury in advance. You may not access a vehicle until the trip start time and you must return the vehicle on time and to the correct location. You must present Elevate Luxury with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are always required 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 Elevate Luxury has any concern about your use of a vehicle, Elevate Luxury may terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of Elevate Luxury. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact Elevate Luxury. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided.
Telematics notice and release. Vehicles booked on Elevate Luxury may have features or an on-board device that may monitor the state of the vehicle from moment to moment, during a trip. The non-personal information collected by the features or on-board device may include, for example, a vehicle’s condition; damage and accident records; performance, operation, and diagnostic data; and information on mileage, acceleration, velocity, fuel consumption, fuel level, tire pressure, odometer, location and direction, and other vehicle information (“Vehicle Data”). Use of the features or on-board device is subject to the terms and conditions posted by the vehicle manufacturer or technology provider, which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information, and user responsibilities. Unless prohibited by law, you authorize the use or disclosure of or access to the Vehicle Data and you shall inform any Approved Driver and passengers of the terms of this section. You release Elevate Luxury and agree to indemnify, defend and hold harmless host, operator of the features or on-board devices, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation you, an Approved Driver, and passengers) or property caused by failure of the features or on-board device to operate properly or otherwise arising from the use of the feature or on-board device by you, an Approved Driver, or passengers.
Condition of the vehicle and optional Extras
Incident reporting
You must immediately report any damage to the vehicle you are using to Elevate Luxury. 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 Elevate Luxury or third-party claims administrators 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 Elevate Luxury, third party claims administrators, or insurers. After an incident involving anything more than minor vehicle damage (e.g., small dent or scratch), you may not continue to use the vehicle unless you have the explicit permission of Elevate Luxury staff. Failure to timely report an incident or cooperate in an investigation may result in additional charges.
Vehicle theft
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 Elevate Luxury 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.
- If the vehicle is returned to any place other than the return location on the reservation or agreed upon with Elevate Luxury. Any damage to, or loss or theft of, a vehicle occurring prior to Elevate Luxury inspecting the vehicle upon return at the end of the reservation is the guest’s responsibility.
- If you misrepresent facts to Elevate Luxury pertaining to booking, use, or operation of vehicle.
- If the vehicle’s interior components and the mandatory safety equipment, 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 reservation period
- If you fail or refuse to communicate in good faith with Elevate Luxury, police, 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 reservation period, who has obtained the keys without permission of Elevate Luxury, or who misrepresents or withholds facts to/from Elevate Luxury material to the booking, use, or operation of vehicle.
The primary guest who books the reservation is responsible for any private investigation costs Elevate Luxury deems necessary to recover a vehicle that is not returned. In addition, a $1,500 case administration fee will be imposed on the primary guest if Elevate Luxury and/or Elevate Luxury has to report a vehicle as stolen to law enforcement due to it not being returned.
Repossession. Elevate Luxury, or a hired agent of Elevate Luxury, may repossess any vehicle booked through the Services without demand, at the guest’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.
Missing Vehicles. If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to Elevate Luxury, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with Elevate Luxury, law enforcement, and other authorities in all matters related to the investigation.
General provisions
Termination
You may discontinue your use of the Services at any time and Elevate Luxury may terminate your access to the Services. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.
