Car Sharing — Continued (14.2–19)

14.2 Specific conditions for guests

A- Personal insurance requirements for guests in Canada, the United States, the United Kingdom, and European Union countries

  •  Guest financial responsibility for physical damage to the vehicle

The guest who booked a vehicle is financially responsible for any physical damage to or theft of the booked vehicle occurring during the rental period, as well as additional costs and fees resulting from damage of any kind caused to the vehicle, regardless of fault. This responsibility rests on the guest, whether or not they hold their own auto insurance. The guest may be covered by their own auto insurance policy for damage to the booked vehicle, but they are required to subscribe to our solidarity protection plan, and if they refuse, they assume full personal liability. If the guest has their own auto insurance policy, it will be considered primary over the protection provided by MonEvasion.

  •  Protection plan

This protection plan allows guests to cover costs related to damage (including total loss) in the event of an accident. Protection plan fees will be paid into an account specifically dedicated to managing physical damage to rented vehicles, are non-refundable, and are administered by MonEvasion. This protection plan is not insurance; it is an agreement between MonEvasion and guest members on how vehicle damage will be covered. The plan will only cover vehicle theft if the vehicle is equipped with devices including, but not limited to, AirTags, cameras recording in real-time to the host's phone, GPS devices, and concealed telematics systems within the vehicle.

  •  Summary of guest protection plans

There are two solidarity vehicle protection plans for guests renting vehicles on our platform in Canada, the United States, and the Schengen Area: Plan A and Plan B.

The plans offer different levels of reimbursement depending on the deductible chosen.

Plan A

You contribute 8% of the rental price and will pay a $1,000 deductible per eligible physical damage incident to your vehicle. It is mandatory for all guests if Plan B is not selected.

Plan B

You contribute 14% of the rental price and will pay a $500 deductible per eligible physical damage incident to your vehicle.

  • Plan Protection Elements and Management of Accidents, Damage, Defects, and Repairs
  •  Reporting damage

To initiate the resolution process, you must report the damage within 24 hours following the end of the rental. Any damage report received after this period may not be eligible for coverage under the protection plan offered by MonEvasion and may complicate the resolution process with the host. Damage caused by using the wrong fuel in the vehicle must also be reported within 24 hours.

 

    •   Third-party liability protection

All plans include $500,000 CAD in third-party liability protection. This protection covers damage caused to third-party property during the rental period, but if the vehicle or guest has civil liability insurance, their civil liability insurance or that of the vehicle will apply primary.

 

    • Physical damage protection

All plans offer protection against accidental physical damage. What differs between plans is the deductible amount. The deductible is the amount you pay out-of-pocket before receiving reimbursement for physical damage. The maximum amount you would receive for a physical damage incident is the cost of repair up to the actual cash value of the vehicle or $100,000 CAD, whichever is lower. This protection is active only during the rental period.

 

    •  Note: Mechanical or interior damage 

The financial liability limit available under the offered plans does not apply to mechanical damage or interior vehicle damage occurring during the rental period. Regardless of the protection plan chosen, the guest is financially responsible for the full cost of repairs or replacement, as well as other related costs, for mechanical or interior damage and damage caused by using the wrong fuel during the rental period.

 

  • Providing necessary documents

The Guest agrees to promptly report to the Host and MonEvasion any events involving personal injury or physical damage, and any other event requiring report during the rental, such as:

  • Accidents whether or not a third party is involved;
  • Damage caused by an animal;
  •  Vehicle theft;
  • Vehicle fire;
  • Vandalism, and any criminal act resulting in damage to the vehicle. The accident must also be reported to MonEvasion as soon as possible. This provision applies whether the accident was caused by the Guest or a third party, regardless of whether the damage is minor or not. The Guest may not leave the accident scene until:
  • The police have finished collecting information regarding the accident, if the police actually responded;
  • Providing the other party with a copy of the insurance contract and a copy of your driver's license and/or the Host's driver's license;
  • Having informed the Host and MonEvasion;
  • Measures to preserve evidence and mitigate damage have been taken in consultation with MonEvasion; and
  • Having handed the vehicle over to a towing/roadside assistance company or left it safely at a location agreed upon with the Host or MonEvasion, or after moving it, if possible.
  • Only the Host or MonEvasion may choose the repair shop to repair the vehicle in the event of damage.

 

  • Providing photos

When reporting damage, you must provide photos of the affected areas taken within 24 hours prior to the start of the rental and no later than 24 hours after the damage occurred. Without these photos, you may not be eligible for physical damage reimbursement.

 

B- Personal insurance requirements for guests in the rest of the World 

Guest financial responsibility for physical damage to the vehicle

The guest who booked a vehicle is financially responsible for any physical damage to or theft of the booked vehicle occurring during the trip, as well as additional costs and fees resulting from damage of any kind caused to the vehicle, regardless of fault. This responsibility rests on the guest, whether or not they hold their own auto insurance. The guest may be covered by their own auto insurance policy for damage to the booked vehicle, but may also be covered by the host's comprehensive insurance or subscribe to our solidarity protection plan.

 

Protection Plans

Solidarity protection plans are not insurance; they are an agreement between MonEvasion and host members on how damage will be covered. The plan will only cover vehicle theft if the host activated a location device to track and protect your vehicle. These devices include, but are not limited to, AirTags, real-time recording cameras connected to your phone, GPS devices, and concealed telematics systems within the vehicle. Hosts must disclose the presence of these technologies and location devices to MonEvasion and guests.

Plan A 

You contribute 8% of the rental price and will pay a $1,000 deductible per eligible physical damage incident to your vehicle. It is mandatory for all guests if Protection Plan B is not subscribed to.

Plan B

You contribute 14% of the rental price and will pay a $500 deductible per eligible physical damage incident to your vehicle.

Plan Protection Elements and Management of Accidents, Damage, Defects, and Repairs

  • Reporting damage
  •  

To initiate the resolution process, you must report the damage within 24 hours following the end of the rental. Any damage report received after this date may not be eligible for coverage under the protection plan offered by MonEvasion and may complicate the resolution process with the host. Damage caused by using the wrong fuel in the vehicle must also be reported within 24 hours.

  •  Third-party liability protection

It must be covered by the host's insurance, which should be clearly clarified with the host upon vehicle pickup.

  •  Physical damage protection

All plans offer protection against accidental physical damage. What differs between plans is the deductible amount. The deductible is the amount you pay out-of-pocket before receiving reimbursement for physical damage. The maximum amount you would receive for a physical damage incident is the cost of repair up to the actual cash value of the vehicle or $100,000 CAD, whichever is lower. This protection is active only during the rental period.

  •  Note: Mechanical or interior damage 

The financial liability limit available under the offered plans does not apply to mechanical damage or interior vehicle damage occurring during the rental period. Regardless of the protection plan chosen, the guest is financially responsible for the full cost of repairs or replacement, as well as other related costs, for mechanical or interior damage and damage caused by using the wrong fuel during the rental period.

  •  Providing necessary documents

The Guest agrees to promptly report to the Host and MonEvasion any events involving personal injury or physical damage, and any other event requiring report during the rental, such as:

  • Accidents whether or not a third party is involved;
  • Damage caused by an animal;
  • Vehicle theft;
  • Vehicle fire;
  • Vandalism, and any criminal act resulting in damage to the vehicle. The accident must also be reported to MonEvasion as soon as possible. This provision applies whether the accident was caused by the Guest or a third party, regardless of whether the damage is minor or not. The Guest may not leave the accident scene until:
  • The police have finished collecting information regarding the accident, if the police actually responded;
  • Providing the other party with a copy of the insurance contract and a copy of your driver's license and/or the Host's driver's license;
  • Having informed the Host and MonEvasion;
  • Measures to preserve evidence and mitigate damage have been taken in consultation with MonEvasion; and
  • Having handed the vehicle over to a towing/roadside assistance company or left it safely at a location agreed upon with the Host or MonEvasion, or after moving it, if possible.
  • Only the Host or MonEvasion may choose the repair shop to repair the vehicle in the event of damage.
  •  Providing photos

When reporting damage, you must provide photos of the affected areas taken within 24 hours prior to the start of the rental and no later than 24 hours after the damage occurred. Without these photos, you may not be eligible for physical damage reimbursement.

 

15. Disclaimer of Warranties.

FEDERAL LAWS OF CANADA, THE UNITED STATES, AND LAWS OF CERTAIN STATES, PROVINCES, OR OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS MENTIONED IN THIS SECTION 10 MAY NOT APPLY TO YOU. SECTION 10 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TECHNOLOGY AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE TECHNOLOGY AND SERVICES. THESE CHANGES MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. MONEVASION WILL DEPLOY REASONABLE EFFORTS TO ENSURE THAT THE TECHNOLOGY AND SERVICES ARE AVAILABLE AT ALL TIMES, BUT CANNOT GIVE ANY GUARANTEE IN THIS REGARD. THE TECHNOLOGY AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, FOR EXAMPLE: MONEVASION DOES NOT ENDORSE OR WARRANT THE EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY, OR SUITABILITY OF ANY GUEST, HOST, HOST SERVICE, LISTING, OR THIRD PARTY, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR GENERAL USE, OR NON-INFRINGEMENT. MONEVASION MAKES NO WARRANTY, CONDITION, OR REPRESENTATION REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE TECHNOLOGY OR SERVICES, OR REGARDING THE SERVICES, TECHNOLOGY, TEXT, GRAPHICS, OR LINKS. MONEVASION DOES NOT WARRANT THAT IDENTITY OR BACKGROUND CHECKS AND VERIFICATIONS CONDUCTED ON LISTINGS OR MEMBERS WILL IDENTIFY PAST MISCONDUCT OR PREVENT FUTURE MISCONDUCT. ANY REFERENCE TO A MEMBER OR LISTING BEING "VERIFIED" (OR ANY SIMILAR TERM) ONLY MEANS THAT THE MEMBER, LISTING, OR MONEVASION (OR ITS AFFILIATES) HAS UNDERGONE AN APPROPRIATE VERIFICATION OR IDENTIFICATION PROCEDURE, AND NOTHING MORE.

16. Limitations of Liability

  • Disclaimer of liability regarding certain damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, MONEVASION SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN, SUFFERING, AND EMOTIONAL DISTRESS, LOSS OF DATA, REVENUE, ENJOYMENT, AND ECONOMIC ADVANTAGES, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURES, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES).

THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE ESSENTIAL ELEMENTS OF THE CONTRACT BETWEEN YOU AND MONEVASION. IF APPLICABLE LAW DOES NOT PERMIT THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUR SITUATION.

17. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless MonEvasion and its officers, directors, employees, and agents, as well as members of its group (each, an "indemnified party") from and against any and all losses, claims, lawsuits, costs, damages, penalties, fines, and expenses, including, without limitation, legal fees and attorney fees, that may be suffered or incurred by an indemnified party arising out of or related to: a) your user content; b) your misuse of the technology or services; c) your breach of this agreement or any representation, warranty, condition, or covenant set forth herein; or d) your violation of applicable laws, rules, or regulations in connection with the technology or services.

18. Language

  • The French version of this agreement prevails

Any translation of this agreement is provided to meet local requirements, and in the event of a discrepancy between the French version and that of another language, the French version shall prevail.

19. Disputes

If we are unable to resolve a dispute through informal dialogue, a third-party arbitrator will help us resolve it. Each dispute will be resolved individually rather than as part of a class action, unless you are a consumer in Quebec.

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