TERMS AND CONDITIONS
TERMS AND CONDITIONS FOR AIRCNR
Hello there, we are AIRCNR. We are a private limited company registered in the United States under company number NV20181001792 and our registered office is at 304 S. Jones Blvd #2805, Las Vegas NV 89107 United States.
ACCORDING WITH THESE TERMS AND CONDITIONS OF HIRE (‘T&CS’) WE WILL HAVE THE FOLLOWING OBLIGATIONS:
a. Aircnr provides car rental services to the already established and validated members of the vacational short term house rental community. Through Aircnr’s website, hosts are able to list vehicles in order to make money, become a better host, and beat their competition. Through Aircnr’s website, guest are able to discover and book a variety of vehicles provided by the same trusty host within the vacational short term house rental community. Aircnr car rental service is an extension to the vacational short term house rental share economy business. Amplifying the vacational short term house rental share economy business by adding vehicles to the community; providing the full experience of “your car”, “your house”.
b. to offer you certain ancillary services or products which are available at an extra cost and to provide other ancillary services with all of our rentals.
The relationship between you and AIRCNR is governed by these Terms and Conditions together with the following documents which, once you have booked a vehicle, will form a legally binding contract between us and will govern your use of the Vehicle.
In case of any conflict between any of the documents comprising the Contract then these T&Cs will take priority.
If you are a company or other organization for which a credit account has been opened the contractual documents forming the Contract between us must be read in conjunction with any corporate agreement that may exist between the parties. In the event of any inconsistencies the provisions of the corporate agreement will prevail.
If any provisions contained in these T&Cs and/or any of the contractual documents listed above are found by any court or relevant authority to be unlawful, invalid or unenforceable, the remaining provisions shall not be affected and will remain in full force and effect.
TERMS AND CONDITIONS
1. TO WHOM DO THE RENTAL TERMS AND CONDITIONS APPLY?
These T&Cs will apply to:
a. Any driver who books a vehicle and who is therefore authorized to drive the Vehicle.
b. You because you are the person who is paying for the rental and any associated costs and you may also be a driver.
c. A driver (a “Referred Driver”) that books a vehicle, that records the hirer’s name as an insurer, body shop, dealership or recovery agency (e.g. The RAC or AA or similar).
2. WHO CAN RENT/DRIVE?
Any person who is legally capable of entering into a legally binding contract and is prepare to accept responsibility for the Vehicle throughout the Hire Period and has the means to pay for the hire of the Vehicle and any associated costs that will be accepted by us and provides valid identification documents so that we can verify their identity and approve them for rental.
2.1 Who cannot drive the Vehicle? (An ‘unauthorized driver’)
i. Any person who cannot provide valid identification documents.
ii. Any person that is not expressly mentioned or does not book a vehicle through our platform
iii. An unauthorized driver will not be covered by any of the insurance or protection products we may offer. Only third party liability insurance (compulsory protection) will apply.
iv. If you allow an unauthorized driver to drive the Vehicle then you are considered to be in breach of the Contract and you will be responsible for any consequences that may arise as a result. This will include compensating us for any damage caused by you and/or the unauthorized driver.
3. VERIFYING AND APPROVING YOUR IDENTITY FOR RENTAL;
If you live in the United States: before we can let you hire a Vehicle from us, in addition to providing photographic ID (i.e. driving license or passport), we may;
When we and third party fraud prevention agencies process your data for these purposes, we do so on the basis that we have a legitimate interest in preventing and detecting fraud and verifying your identity before providing you with vehicle. If you pass this check and your identity and home address is successfully verified then we can let you have a hire Vehicle but if you fail this check we won’t be able to hire a Vehicle to you irrespective of whether your identity and home address is successfully verified.
If you live outside the United States: then, when you collect your Vehicle, in addition to photographic ID (ID card or passport) we will ask to see proof of return flights or alternative return travel arrangements and contact details within the United States. If you can’t provide such documents when we ask you for them we won’t be able to hire a vehicle to you.
4. WHERE CAN I DRIVE A VEHICLE?
a. You must not take our Vehicle (nor permit the Vehicle to be taken) outside mainland United States or mainland of the vehicles country location without obtaining our prior written consent.
b. Where we give you our consent (which will be by a form) you are responsible for ensuring the Vehicle has the correct equipment to comply with local driving regulations in the country (ies) that you intend to drive in or through. If the Vehicle needs to be modified in any way you must obtain our prior written consent to make the modification and, if we give that consent and the modification of the Vehicle is carried out, you will be responsible for any loss and/or damage caused by the modification.
Please be aware that you must comply with all road traffic regulations in the country where you drive the Vehicle and you must ensure that the Vehicle you are driving complies with the local legislation for each country that you may drive in or through.
5. WHAT TYPE OF VEHICLE CAN BE RENTED AND FOR WHAT PURPOSE?
You can rent a passenger car, van, truck, SUV, minivan, and sports cars and you must drive the Vehicle in accordance with its intended use as follows:
6. WHAT ARE MY OBLIGATIONS TOWARDS THE VEHICLE?
When renting a Vehicle from us both you and/or any Driver and Referred Driver (each of whom, for the purposes of this section, will be included in the term ‘you’) must comply with the following obligations:
A. Return the Vehicle and its keys, Accessories and documentation to us:
i. At the return station, the vacational short term house you are staying at;
ii. By the expiry time and on the date specified on the booking, noting that we allow you a grace period of 29 minutes after the expiry time and date.
iii. In the condition that we provided them to you at the start of the Hire Period, subject to any fair wear and tear. For a definition of fair wear and tear please refer to our ‘Guide to a Smooth Journey’ which can be found on https://www.aircnr.com/ at the help page.
If you do not return the vehicle as stipulated, then we will take all necessary measures outlined in these T&Cs.
B. Never drive the Vehicle whilst you are under the influence of alcohol, hallucinatory drugs, narcotics, barbiturates, other illegal drugs or any other substance (whether legal or illegal) that is liable to impair your driving ability.
C. Never drive the Vehicle outside the Territory without our prior written consent. Moreover, if we do consent then, it is for you to ascertain that the Vehicle has the correct equipment to comply with the local driving regulations of the country that you will be driving in or passing through.
D. Ensure that any luggage or goods transported in the Vehicle are secured to the extent they will not cause damage to the Vehicle or cause risk to any passengers or to any third party or to any third party property.
E. Not smoke in the Vehicle nor allow anybody else to do so. If we reasonably think that smoking has happened in the Vehicle you must pay our special cleaning / valet charge
F. Treat the Vehicle with due care and respect and make sure that it is always locked and protected by its anti-theft devices when it is parked or left unattended.
G. Not fit any roof or bike rack or any tow bar nor allow anyone else to do so. If these are already fitted you must not (nor allow anyone to) modify them. You must not fit winter tires (nor allow anyone to do so) or make any other modifications to the Vehicle without our prior written consent. You will be responsible (even if we give consent) for any damage caused by the fitting of winter tires or subsequent exchange to normal tires or for any other modification.
H. Refill the Vehicle with the correct type of fuel. If unsuitable fuel is added then you will be responsible for all reasonable expenses incurred by us in the repair of any damage that may be caused to the Vehicle which will be calculated in accordance with the rules Make routine inspections in respect of the Vehicle condition: for example, oil and water and coolant levels, front and rear windscreen washer fluid and tire pressures and take any preventive actions necessary to keep the Vehicle in good working order.
DO NOT USE THE VEHICLE NOR ALLOW THE VEHICLE TO BE USE.
If you fail to fulfil any or all of these obligations then, it may cause the insurance and protection provisions to be compromised and/or invalidated and you will be responsible for and will pay to us all reasonable costs of any detrimental consequences, loss and/or damage that may arise as a result. In addition we reserve the right to demand immediate return of the Vehicle if the contracted and/or optional insurance coverage and complementary services are compromised and/or invalidated.
All notifications that need to be served on either you or us in regard to your booking will be sent to the address indicated in the listing unless either of us notifies the other party to the contrary.
7.1 Animal policy
i. We do not allow any animals other than assistance dogs (‘Assistance Dogs‘) to be transported in our Vehicles.
ii. We do not supply dog guards or any other form of animal restraint for our Vehicles. If you are travelling with an Assistance Dog you are therefore responsible at all times for its behavior, safety and well-being. This responsibility includes ensuring that the Assistance Dog is suitably restrained at all times so that it remains safe; it does not distract the Driver or cause risk or injury to you or any other passengers sharing the Vehicle with you.
iii. We do not under any circumstances accept liability for damage suffered by the Vehicle or for injury caused to the Assistance Dog or to you or the Driver or to any passengers as a result of your failure to keep the Assistance Dog appropriately restrained and/or controlled.
In addition you are required to return the Vehicle to us in the same condition as it was at the start of the Hire Period (fair wear and tear excepted). If it is returned to us in a dirty or messy and/or damaged condition to the extent that it will require specialist cleaning and/or repair before it can be rented to the next customer then you will be liable for the special cleaning/valet charge described in the Tariff Guide and/or to pay the sums set out.
7.2 Protection of the Personal Information.
i. We collect and process your personal information strictly in accordance with the requirements of the Data Protection Act to the extent necessary to assist us in providing you with Vehicle rental services and to maintain and improve of our administration.
ii. You are informed of any information that we need to collect whether in the AIRCNR Branch or online or via our Reservation Centers.
iii. You should note that some of the recipients of the personal information may be located in countries where data protection legislation does not provide a sufficient level of protection equivalent to English law. By continuing to use our services, the website and by providing any personal information, you consent to such transfers, storing and processing of your personal information outside the European Economic Area, including to countries where under their local laws you may have fewer legal rights.
iv. You have a right to access, rectify and delete the personal information concerning the rental. You may exercise this right by sending a letter to our address.
8. USE OF THE PERSONAL INFORMATION
We may use any personal information you have given us, including the details of any Driver(s) or Referred Driver as follows:
9. INSURANCE AND PROTECTION PROVISIONS
Aircnr does not provides liability coverage for the vehicles listed in Aircnr’s platform. All host (owners of the vehicles) must have insurance as required by law before listing their vehicles in Aircnr platform. All vehicles should have an insurance policy that covers the vehicle for the renter or authorized driver up to the financial responsibility limits of the applicable jurisdiction. We highly encourage all host to check with the vehicle’s insurance company to determine the level of the vehicle’s protection under their policy and make sure it is suited for peer to peer use. Keep in mind that this insurance policy will change and this is only a temporary solution into a partnership with an insurance carrier is secured/implemented in Aircnr’s platform.
Aircnr empowers the host to a new level with vehicle insurance. Aircnr offer host the ability to make additional income from insurance. Keep in mind that although labeled as insurance fee, this is not the selling of insurance to guest (renters). This is just a daily fee to help cover the host’s insurance monthly rate that is optional for host to set up. Host of Aircnr can charge an additional fee for insurance of their vehicles to their guest at a daily basis in order to; supplement the payment of the vehicle’s insurance policy, make additional income to compensate for risk, and empower the host to fully take revenue advantage. This being said, the Aircnr’s host (the owner of the vehicle) is responsible for all damages or theft of their own vehicle. However, if the guest (the renter) does not follow the program rules or drives recklessly, the guest will be responsible for all damages. Keep in mind that this insurance policy is only temporary and it is subject to change.
In Case of an Accident; Guest (renters)
In case of an accident, first, contact first responders, the police (911). Take pictures of the accident, damage, or situation of the vehicle. Make sure to collect the contact and insurance information of the other vehicle and driver as well as the police report if possible. Then contact your host (owner of the vehicle) and explain the situation with the images and information so that he can file a claim with his insurance company. If you (the guest/renter) drove the vehicle within the law, in accordance with the program rules, and in a safe manner you will not be charged and the claim will fall into the host (owner of the vehicle). However, if you (the guest/renter) did not follow the program rules, drove recklessly, or did not follow the law you (the guest/renter) will be responsible for all damages to the vehicle and you must file the claim under your insurance policy. Assuming you drove under the law, in accordance with the program, and in a safe manner; in case an accident happens before the end of the trip, if applicable, your host insurance policy should have a temporary rental vehicle while the damaged vehicle is on repairs. If so, contact your host for a possibility of completing the trip with the rental vehicle. If not, your money will be lost and refunds of any type will not be applicable.
In Case of an Accident; Host (owner of the vehicle)
In case of an accident, guest will contact you and inform you of the situation. Once you obtain the police report, if the guest (renter) drove in accordance with the program, in a safe manner, and did not broke the law, file a claim with your insurance company and follow procedures. If the police report states otherwise, the guest (renter) is responsible for all damages to the vehicle. If vehicle is damaged and cannot operate, kindly inform your future guest, and temporarily unlist your vehicle in the “Your Listing” section.
Regardless of who is responsible for the claim or at fault of the accident no user or one person using our services will comply with the terms and conditions of this agreement and agree to defend, indemnify and hold us, our directors and affiliates, agents and employees, officers, shareholders, harm from any claim, liability, and/or any expenses arising out of the use of the vehicle(s) regardless of whether those claims arose from you (the guest) the host (owner of vehicle) or a third party.
10. REFUND POLICY
Kindly be advised of the following:
Notification in respect of cancellation and or refund:
Guest may cancel their reservation at any time using our website and/or mobile app (coming soon). The total amount refunded is dependent on two factors. One, the time between, when the guest cancelled the reservation, and the reservation date itself. Two, the cancellation policy selected by the host for that specific listing. Aircnr’s service fees is not refundable at any time for any situation. There are no travel credit or refunds for early returns. The host can select from three of the following cancellation policies; Flexible: Full refund 1 day prior to arrival, except fees, Moderate: Full refund 5 days prior to arrival, except fees, Strict: 50% refund up to 1 week prior to arrival, except fees. Below is a breakdown of the refund a guest can expect based on each different scenario. We highly encourage guest to review the listings cancellation policy before cancelling in order to inform themselves about the expected refund.
HOW TO NOTIFY US?
Where an incident occurs that involves Third Parties it is important that you do your utmost to report the collision to firstname.lastname@example.org at the earliest possible opportunity providing full details of both the incident and of the Third Party. This will allow us to defend our case against the Third Party (if you are responsible for the incident) or to recover costs from the Third Party (if the Third Party is responsible for the incident).