Protection Plans

DriveSmart Protection Plans

1.0 INTRODUCTION

1.1 DriveSmart (“DriveSmart”, “we”, or “us”), provides an online car booking platform that connects vehicle owners with national and international customers seeking to book those vehicles. DriveSmart is an online and paperless service provider, whose services are available on both website and application form (“Platforms”). By utilising our Platforms, including by communicating with us or other DriveSmart users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether you become a registered user of our Platforms or not. These Terms govern your access to and use of our Platforms and constitute a binding legal agreement between you and DriveSmart.

1.2 Protection plans are provided to Car Owners and Car Renters to cover the costs related to damages and/or theft of the vehicle whilst it is being utilised through the DriveSmart Platforms.

1.3 Note that such Protection Plans are only in place during the time that the vehicle is in use through the DriveSmart Platforms; they do not cover vehicle trips outside of the DriveSmart Platforms.

1.4 DriveSmart provides a variety of Protection Plans that Car Owners and Car Renters can choose from when offering their vehicles on the DriveSmart Platform. Each Protection Plan has different elements including DriveSmart Revenue Retention, DriveSmart additional charges, overall coverage amount, deductibles and other charges.

1.5 This document details the DriveSmart Car Owner and Car Renter Protection Plans available and how these Protection Plans are applied.

1.6 For clarity, Protection Plans are not car insurance. Protection Plans are a contractual agreement between DriveSmart and Car Owners and Car Renters, regarding how vehicle damage may be financially covered.

1.7 All cars hosted listed on the DriveSmart Platforms must all have fully comprehensive insurance.

1.8 All incidents that occur during the use of DriveSmart Platforms, must be communicated through the DriveSmart Platform Incident Management process, as detailed on the DriveSmart Platforms and included in DriveSmart Terms and Conditions. Any attempts to communicate and/or manage incidents outside of the DriveSmart Platforms will void any associated Protection Plans and may result in financial and legal proceedings.

1.9 It should be noted that the DriveSmart Protection Plans only provide potential financial coverage for vehicle damages. DriveSmart Protection Plans do not include financial coverage for any driver(s) and/or passenger(s) medical or health related occurrences whilst any vehicle is being used for DriveSmart trips, and/or any other vehicles involved in an incident with a vehicle being used for DriveSmart trips.

1.10 DriveSmart assumes no responsibility or liability for any medical or health-related incidents, regardless of cause.

1.11 All users participate and utilise DriveSmart at their own risk.

1.12 All users of DriveSmart platforms acknowledge that they understand and accept all risks associated with driving or riding in a motor vehicle.

1.13 All users of DriveSmart platforms acknowledge that they voluntarily assume full responsibility for any medical incidents or injuries that may occur.

1.14 DriveSmart does not provide health, medical or accident insurance.

1.15 DriveSmart is not obligated to provide any medical assistance or cover any related costs.

1.16 Medical coverage, if desired, must be arranged solely by the driver or passenger.

1.17 All users of DriveSmart release, indemnify, and hold harmless DriveSmart from any and all medical-related claims.

1.18 All users of DriveSmart acknowledge and understand that DriveSmart has zero liability or commitment to cover claims, damages, losses, costs or expenses, including legal fees, arising from medical events.

1.19 Under no circumstances shall DriveSmart be liable for medical expenses, hospital bills, loss of life, pain and suffering, or emotional distress, even in the occurrence that such incidents arise from vehicle use, accidents, or acts of other DriveSmart users.

1.20 Whilst DriveSmart may facilitate in the contacting of emergency services, DriveSmart has not obligation or legal responsibility to do so. Any assistance provided by DriveSmart is purely voluntary and does not create liability.

1.21 All users of DriveSmart acknowledge that they are wholly liable for ensuring they are medically fit to drive or ride as a passenger in a motor vehicle.

2.0 GENERAL DEFINITIONS & TERMS

  • Deductible: the financial amount a Car owner or Car Renter is responsible for in the event of Physical Damage to the Car Owner’s vehicle during a DriveSmart trip, which will be dependent on the Car Owner and Car Renter Protection Plan selected. Also sometimes referred to as “Excess.”
  • Deterioration: any fading, discoloration, rust, or wear caused to the interior or exterior of the Vehicle over time. Also includes any deterioration from road use of tyres, and mechanical deterioration of belts, suspension, and electrical and mechanical components, along with any resulting damage from these events. This will not be considered as damage to the vehicle and will not be applicable for financial coverage under the DriveSmart Protection Plans. Any dispute in this area will be managed and decided on by the DriveSmart Inspection Team, whose decision is final, as in line with the DriveSmart Terms and Conditions.
  • DriveSmart Car Renter: the only legally allowed driver of the vehicle whilst utilised through the DriveSmart Platforms. Any other drivers to be found utilising the vehicle during DriveSmart Platform use, will void any associated Car Renter Protection Plans and may result in financial and legal proceedings.
  • Interior Wear and Tear: minor scuffing of interior surfaces that is 3 inches or less in diameter, along with any dials, switches, or knobs, that break or fail over time. Cuts and punctures that are clearly due to abuse or misuse by the Car Booker are not included in this definition. This will not be considered as damage to the vehicle and will not be applicable for financial coverage under the DriveSmart Protection Plans. Any dispute in this area will be managed and decided on by the DriveSmart Inspection Team, whose decision is final, as in line with the DriveSmart Terms and Conditions.
  • Mechanical Failure: any mechanical, electrical, suspension, engine, or transmission damage a vehicle incurs due to age, normal usage/wear and tear, defect, a lack of maintenance, or warranty issue (including, but not limited to, manufacturer defect), will not be considered as damage to the vehicle and will not be applicable for financial coverage under the DriveSmart Protection Plans.
  • Exterior Wear and Tear: any dings, dents, cracks, or scratches to the exterior body of the Vehicle that is 3 inches in diameter or less. This includes but is not limited to, rims, wheels, hubcaps, any painted or textured area for the body of the Vehicle, and moldings. This will not be considered as damage to the vehicle and will not be applicable for financial coverage under the DriveSmart Protection Plans. Any dispute in this area will be managed and decided on by the DriveSmart Inspection Team, whose decision is final, as in line with the DriveSmart Terms and Conditions.
  • Elements not considered as Vehicle Damage:
    • Damage already existing as of the start of the DriveSmart Trip.
    • Interior Wear and Tear (as per above)
    • Exterior Wear and Tear (as per above)
    • Deterioration (as per above)
    • Mechanical Failures (as per above)
    • Physical damage that occurs during the DriveSmart trip where the Car Renter is found to be in violation of the DriveSmart Terms and Conditions.
    • Physical damage that occurs during the DriveSmart trip where the Car Owner, or respective vehicle, is found to be in violation of the DriveSmart Terms and Conditions.
    • Damage to any personal items left in the vehicle by either Car Owner or Car Renter.
    • Damage to, or resulting from, tyres that are defective, have excessive wear & tear or dry rot, have tread depth less than 4/32 inch, were not properly inflated prior to the reservation, or are 6 or more years old.

3.0 CAR OWNER PROTECTION PLANS

3.01 As detailed in the Terms of Conditions of DriveSmart usage, all Car Owners utilising the DriveSmart Platforms must have fully comprehensive insurance on their vehicles.

3.02 Car Owners agree that any vehicle collection, vehicle inspections, vehicle part replacements and vehicle repair works, required as part of the DriveSmart Platform usage, will be conducted by DriveSmart’s partner auto workshops. Details of which will be provided on the DriveSmart Platforms.

3.03 Car Owners using any other auto workshop, outside of the DriveSmart partner auto workshops, when this auto work is a required as a result of the vehicle being used on a DriveSmart trip, will make this Protection Plan agreement void, and such costs will not be covered by DriveSmart.

3.04 DriveSmart, with our partner auto workshops, will endeavor to process any such vehicle repairs in as swift a schedule as possible. All decisions on works schedule, parts replacement and works required will be performed by DriveSmart’s partner auto workshops.

3.05 Car Owners agree that DriveSmart has permission to share Car Owner’s communication details with DriveSmart Partner Auto Workshops for arranging vehicle return upon completion of vehicle repairs.

3.06 DriveSmart Car Owners agree, upon the registration of Cars on DriveSmart Platforms, to provide their Car insurance details and contacts to the DriveSmart Platform. Car Owners agree to keep these insurance details always updated.

3.07 Car Owners, as part of the Terms and Conditions of using DriveSmart Platforms, agree that DriveSmart Partner Auto Workshops, on behalf of the Car Owners, may contact Car Owners insurance.

3.08 Car Owners agree to work closely and support communication between their respective insurance providers and DriveSmart representatives to assist in any repair authorization process.

3.09 As clearly detailed in the DriveSmart Terms and Conditions, the DriveSmart Protection Plans only have effect when the DriveSmart driver is found responsible, in whole or in part, for the vehicle incident. The only acceptable confirmation of this is the provision of a UAE Police Report clearly defining such responsibility.

3.010 DriveSmart Protection Plans are not applicable for vehicle incidents where the Other Party (not the DriveSmart Renter) is found responsible based on the UAE Police Report.

3.011 Any vehicle incidents that are found by UAE Police Report to be the responsibility of the Other Party, will be financially covered through the Other Party’s insurance, not through Drive Smart Protection Plans. In such cases, DriveSmart Car Bookers are still required to log such incidents through the DriveSmart Platforms, which is all detailed in the DriveSmart Incident Reporting Process.

3.012 In the occurrence where the DriveSmart Vehicle is undriveable after an incident, and requires a recovery vehicle, such service is provided by DriveSmart recovery partners, whether the fault is the DriveSmart driver or the Other Party. In such instances, DriveSmart car bookers must raise the incident and communicate through the DriveSmart application for the DriveSmart recovery partner to be activated. This is made clear in the DriveSmart Terms and Conditions.

3.1 DriveSmart Car Owner Protection Plan Options:

3.11 Minimum Protection Plan

The DriveSmart Minimum Protection Plan provides coverage for the full cost of vehicle repair or the actual cash value of the vehicle or 25,000.00 AED, whichever is lowest.

This is not insurance; it is a legally binding contractual agreement that DriveSmart will cover a certain level of damages without it being incurred by Car Owner’s insurance.

When calculating the actual cash value of the vehicle, DriveSmart will work with its insurance partners to provide the vehicle value. Car Owners will accept this as the legitimate vehicle valuation process as part of the Terms of Conditions of utilising the DriveSmart Platforms.

Choosing this “Basic Protection Plan” results in the following conditions:

  • Car Owner Revenue Retention = 80% of Revenues
  • DriveSmart Financial Liability = Up to max value to 25,000.00 AED
  • Car Owner Financial Liability = Up to max value of 5,000.00 AED
  • Repairs to Vehicle = Through DriveSmart Auto Workshop Partner
  • Vehicle collection = Through DriveSmart Auto Recovery Partner
  • Deductibles = 5,000 AED per incident
  • Max value provided by DriveSmart = 25,000.00 AED

3.12 Basic Protection Plan

The DriveSmart Basic Protection Plan provides coverage for the full cost of vehicle repair or the actual cash value of the vehicle or 50,000.00 AED, whichever is lowest.

This is not insurance; it is a legally binding contractual agreement that DriveSmart will cover a certain level of damages without it being incurred by Car Owner’s insurance.

When calculating the actual cash value of the vehicle, DriveSmart will work with its insurance partners to provide the vehicle value. Car Owners will accept this as the legitimate vehicle valuation process as part of the Terms of Conditions of utilising the DriveSmart Platforms.

Choosing this “Basic Protection Plan” results in the following conditions:

  • Car Owner Revenue Retention = 75% of Revenues
  • DriveSmart Financial Liability = Up to max value to 50,000.00 AED
  • Car Owner Financial Liability = Up to max value of 1,250.00 AED
  • Repairs to Vehicle = Through DriveSmart Auto Workshop Partner
  • Vehicle collection = Through DriveSmart Auto Recovery Partner
  • Deductibles = 1,250 AED per incident
  • Max value provided by DriveSmart = 50,000.00 AED

3.13 Advanced Protection Plan

The DriveSmart Basic Advanced Plan provides coverage for the full cost of vehicle repair or the actual cash value of the vehicle or 100,000.00 AED, whichever is lowest.

This is not insurance; it is a legally binding contractual agreement that DriveSmart will cover a certain level of damages without it being incurred by Car Owner.s insurance.

When calculating the actual cash value of the vehicle, DriveSmart will work with its insurance partners to provide the vehicle value. Car Owners will accept this as the legitimate vehicle valuation process as part of the Terms of Conditions of utilising the DriveSmart Platforms.

Choosing this “Advanced Protection Plan” results in the following conditions:

  • Car Owner Revenue Retention = 65% of Revenues
  • DriveSmart Financial Liability = Up to max value to 100,000.00 AED
  • Car Owner Financial Liability = Zero
  • Repairs to Vehicle = Through DriveSmart Auto Workshop Partner
  • Vehicle collection = Through DriveSmart Auto Recovery Partner
  • Deductibles = No deductibles applied
  • Max value provided by DriveSmart = 100,000.00 AED

4.0 CAR BOOKER PROTECTION PLANS

4.01 As detailed in the Terms of Conditions of DriveSmart usage, all Car Bookers utilising the DriveSmart Platforms will be charged a DriveSmart Protection Plan.

4.02 Car Bookers agree that any vehicle collection, vehicle inspections, vehicle part replacements and vehicle repair works will be conducted by DriveSmart’s partner auto workshops. Details of which will be provided on the DriveSmart Platforms.

4.03 Car Bookers using any other auto workshop, outside of the DriveSmart partner auto workshops, will make this Protection Plan agreement void, and such costs will not be covered by DriveSmart.

4.04 DriveSmart, with our partner auto workshops, will endeavor to process any such vehicle repairs in as swift a schedule as possible. All decisions on works schedule, parts replacement and works required will be performed by DriveSmart’s partner auto workshops.

4.05 Car Bookers agree that DriveSmart has permission to share Car Booker’s communication details with DriveSmart partner auto workshops for arranging vehicle collection and vehicle recovery requirements.

4.06 As clearly detailed in the DriveSmart Terms and Conditions, the DriveSmart Protection Plans only have effect when the DriveSmart driver is found responsible, in whole or in part, for the vehicle incident. The only acceptable confirmation of this is the provision of a UAE Police Report clearly defining such responsibility.

4.07 DriveSmart Protection Plans are not applicable for vehicle incidents where the Other Party (not the DriveSmart Booker) is found responsible based on the UAE Police Report.

4.08 Any vehicle incidents that are found by UAE Police Report to be the responsibility of the Other Party, will be financially covered through the Other Party’s insurance, not through Drive Smart Protection Plans. In such cases, DriveSmart car bookers, are still required to log such incidents through the DriveSmart Platforms, which is all detailed in the DriveSmart Incident Reporting Process.

4.09 In the occurrence where the DriveSmart Vehicle is undriveable after an incident, and requires a recovery vehicle, such service is provided by DriveSmart recovery partners, whether the fault is the DriveSmart driver or the Other Party. In such instances, DriveSmart car bookers must raise the incident and communicate through the DriveSmart application for the DriveSmart recovery partner to be activated. This is made clear in the DriveSmart Terms and Conditions and Protection Plan Terms.

4.010 As per the DriveSmart Terms and Conditions, DriveSmart Car Bookers must report all vehicle incidents through the DriveSmart Platforms. Any instances of noncompliance will result in financial implications as per the DriveSmart Terms and Conditions.

4.1 DriveSmart Car Booker Protection Plan:

4.11 Full Protection Plan

This Full Protection Plan is not insurance; it is a legally binding contractual agreement that DriveSmart will cover a certain level of damages without it being incurred by the Car Booker.

This Full Protection Plan will remove financial liability due by the Car Booker, for any vehicle incident, whilst vehicle being utilised through the DriveSmart Platform.

Choosing this “Full Protection Plan” results in the following conditions:

  • Car Booker Charges = 25% on top of Trip Costs
  • DriveSmart Financial Liability = Full
  • Car Owner Financial Liability = Zero

4.2 DriveSmart Car Booker Responsibilities

All DriveSmart Car Bookers are expected to return the vehicle in the same condition as when it was received. Condition includes cleanliness, fuel levels, and without damages.

On each booking, the Car Booker will have an additional AED 700 held to cover any fines, parking charges, fuel return variations and/or cleaning return variations. Once cleared on return of the vehicle, any remaining amounts from this initial AED 700 will be added as credit to the Car Booker’s DriveSmart account.