Last updated on January 6, 2023
This policy applies to your
use of the Service as a Partner. For the purposes of this guide, a 'Car' means
any vehicle owned or managed by a Partner and is available to Users through the
Service.
For the purposes of the
Partner Policy, we divide Partners into two types: Managing Partners and
Investing Partners.
Managing Partner is an individual or a company that operates its
own or third-party cars connected to the Service on its own.
Investing Partner is an individual or a company that uses Whip
services to fulfill all daily operations regarding its owned cars connected to
the Service.
By connecting a Car to the
Service, you agree to the following terms:
Whip requires that all vehicle pictures on the Service should be taken by Whip professional photographers. Before
listing, you should send us detailed and accurate technical information about the
Car. All pictures and Car features are uploaded to the Service or changed only by
Whip staff.
To list a Car on Whip, you should, at your own expense, install a telematic device recommended by Whip in any of the technical services authorized by Whip. Telematic devices are sold and delivered by Whip.
Managing Partner
You are responsible for
obtaining regularly scheduled maintenance for a Car in accordance with all
government and manufacturer recommendations (“Maintenance”). The Service may
make certain assumptions about your Maintenance requirements based on
information you provide about your Car. Upon request by Whip, you are
responsible for providing proof of Maintenance to Whip, in the form of
acceptable documentation signed by your Car's mechanic or a Whip approved
vendor, or, if available, a proof of maintenance feature on the Service. Should
you fail to do this, Whip may suspend the Car from the Service until acceptable
proof of Maintenance is received.
Investing Partner
Whip is responsible for keeping
track of Maintenance for a Car. In case it is time for Maintenance, Whip informs
you, and you should obtain maintenance at your own expense. Upon request by Whip,
you are responsible for providing proof of Maintenance to Whip, in the form of
acceptable documentation signed by a Whip-approved vendor. Should you fail to
do this, Whip may suspend the Car from the Service until acceptable proof of
Maintenance is received. Whip can organize Maintenance itself for an additional
fee at Partner’s expense.
You are responsible for
maintaining your Car in a way that is safely operable by any User. You may not
place any modifications, devices, equipment, or other items in a Car that may
interfere with the safe operation of the vehicle.
Managing Partner
At a minimum, you should check
on a Car every 7 days and promptly report any issues with the Car. All damage
or insurance claims must be filed by 7 days after the end of the Trip in which
they occurred for insurance coverage to apply.
Investing Partner
Whip is responsible for a Car
regular inspection.
You understand and agree that
you have the legal authority to list your vehicle on Whip; and, you agree to
provide us documentation of legal title and ownership of a Car and to keep a
valid copy of a Car's registration in the glove compartment of the Car at all
times while listed on Whip.
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If your failure to observe any
of the requirements in this section results in the provision of roadside
assistance during a Trip, you understand, acknowledge, and agree that you are
solely responsible to Whip and/or the User, as applicable, for all expenses
incurred in connection with the provision of such roadside assistance.
Managing Partner
When your Car is available for
Booking, you are responsible for parking the Car in a legal and accessible
parking space with a valid parking permit if the Car is street parked. If the
User finishes the Trip in an invalid parking space, Whip informs you that a car
should be parked in a valid space and charges the User a fee to compensate for parking
tickets. If the User finishes the Trip in a valid space, but with a timing
limit, Whip informs you in case the time limit is to be out, and you should park
a Car in a valid space. You are solely responsible for all parking tickets,
citations, violations, and resulting fees and obligations incurred
from your Car being improperly parked while outside a Booking period.
Investing Partner
Whip is responsible for Car parking
outside a Booking period.
Managing Partner
You are expected to physically inspect and clean a Car at least once per week. In the case of the delivery of a Car, cleaning is always required. Cleaning refers to removing trash,
dirt, and other impurities, from all surfaces (Interior & Exterior) of the
vehicle.
After every trip, Whip staff reviews inspection photos submitted through the App and can let you know that a Car should be cleaned or physically inspected. Whip may flag and
potentially place a Car into a limited status if there are multiple car
cleanliness issues reported by Users.
Investing Partner
Whip is responsible for inspecting and cleaning a Car.
Managing Partner
You are responsible for all citations that are issued to a Car outside of a Booking and any resulting towing and storage charges. If your Car is street parked, you are responsible only after 24 hours past the end of the last Booking on your Car, or once you have moved a Car. Users are responsible for paying any and all traffic tickets or other infractions that occur during a Booking — and for 24 hours afterwards, if the Car is street parked.
Investing Partner
Whip is responsible for all the citations and tickets outside of a Booking.
You will not smoke in the Car
at any time and will ensure the car is smoke-free. The User is not permitted
to smoke in a Car and may be fined for smoking in a Car.
For every Booking of a Car, you will be charged fees and receive payments as outlined in our Fee and Payment Schedule.
You should ensure that a Car is clear of any personal belongings while it is available for booking on the Service.
You agree to all Standard Fees, Accompanying Fees, Pass-through Charges, including telematics charges, as well as other fees and charges outlined in our Fee and Payment Schedule.
You agree to keep a valid payment card on file at all times to process any authorized charges under our Fee and Payment Schedule.
Managing Partner
In case of car delivery, you are responsible for
keeping the fuel tank above 1/2 full. The fuel tank must be at/or above 1/2 full at the start of a Booking period. If the User finishes the trip with the fuel tank below the level before the trip, he is charged fees for fuel used.
Investing Partner
Fueling of the vehicle is the responsibility of Whip staff. If the User finishes the trip with the fuel tank below the level before the trip, he is charged fees for fuel used.
Cancelation of a booked Trip on Whip can be done only by Whip staff or the User.
Managing Partner
You a responsible for all tolls billed outside a Booking period. The user is responsible for the paying all tolls
billed during the Booking period.
Investing Partner
Whip is responsible for all tolls billed outside a Booking period while a Car is connected to the Service. The user is responsible for the paying all tolls billed during the Booking period.
Managing Partner
You agree to always keep one
key in the Car and another key in a safe place outside of the Car in case an
emergency arises.
Investing Partner
You agree to transfer two keys to Whip staff: one of which will always be kept in the Car and another key in the Whip office.
In the unlikely event that the
key to your car goes missing during a Booking and cannot be retrieved, Whip, at its sole discretion, will either: a) replace the missing key and
arrange for it to be programmed and paired with your spare key, or b) reimburse
you for the costs associated with replacing the missing key and having it
programmed and paired with your spare key, provided that Whip has received
and approved an invoice for such work prior to its commencement. Under no
circumstance will Whip reimburse you for incidental costs, including
without limitation replacing the locking mechanisms of your car. If a spare key
is not present, you will be responsible for the costs of replacing the spare
key.
You are solely responsible for
all traffic violations, tolls, towing charges, damage, and other fines,
obligations, and losses incurred in relation to the Car (i) other than those
resulting from a Booking, or (ii) arising from your breach of the Terms of
Service Agreement, including, without limitation, this Partner Policy.
Whip does not recognize
or enforce agreements or arrangements made directly between Partners and Users outside the Service. Examples of such arrangements include establishing trip
durations other than those reflected by the Whip app, making alternate
pickup or dropoff arrangements, or settling charges or reimbursements for trip
fees. No such arrangements pertaining to a Whip trip shall prohibit or
otherwise affect Whip's ability to enforce this policy or our Terms of
Service.
Hardware other than the officially used by Whip with similar functionality may be present in cars connected to the Service. Such hardware may include dashboard cameras, mileage and location
tracking devices, and hardware that may have been installed by the original
manufacturer of the car connected to the Service. If you are a Partner whose car
contains such hardware, you must disclose each such device and its purpose to Whip staff. You must also abide by all applicable laws regarding
the usage of such devices, and you will indemnify Whip from any and all
claims or damages that result from your failure to abide by such laws. Finally,
you acknowledge and understand that such hardware shall be used at your own
risk, and that Whip is not responsible for its loss, in accordance with
the Personal Belongings section of our Partner Policy. Whip does not collect
or store any data generated by such hardware.
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You understand and agree that,
in assessing any damage or loss, we will utilize the services of a professional
vendor approved by Whip at our sole discretion or an approved vendor
selected by the insurance provider representing the liable party.
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You understand and agree that
personal items left in the car are not covered by Whip’s insurance policy
before, during, or after a Booking. You understand and agree to remove personal belongings from the Car
before and after each Booking.
You understand and acknowledge
that, if lien is attached to your Car before it is shared on the Service (for
example, if your Car is leased or financed), sharing your Car on Whip may
violate the terms of your contract with the lien holder. Additionally, such
contract with the lien holder might impose specific requirements for physical
damage coverage. You will indemnify and hold Whip harmless from and
against any claim(s) made against Whip by any such lien holder caused by
the actual or potential breach of your contract with such lien holder, and you
waive and release Whip from and against any claim(s) that otherwise may be
asserted by you against Whip in connection with such lien(s) or
contract(s).