Rider Terms of Use

Introduction

Bluecar is a brand new concept in on-demand transportation. Not only are we a network of professional drivers in a world filled with taxis and inexperienced part-time drivers, but we are also the first on-demand system that lets riders choose their driver and build trusted relationships through repeated on-demand interactions. Our technology feels similar to rideshare and taxi apps, and, therefore, it may seem logical to assume that we are like a taxi or rideshare company. However, that is not the case. Our distinctive and unique on-demand system goes far beyond the two differences named. Before getting into the Terms of Use, then, allow us to introduce ourselves and the concept a bit further.


Who We Are

CSR reConnection Technologies - the company behind Bluecar - is a software company founded by business professionals in the luxury private transportation sector. We've been running successful luxury services for years in one of the world's most premium industries and built Bluecar so that we can do the same thing in the on-demand sector.

 

Since the dawn of our industry, we have distinguished ourselves from taxis and other forms of private transportation by delivering unparalleled customer-centric service. Our secret? Customer choice! The black car industry is an industry of more than 10,000 independent companies spread across the country. Because of customer choice, each company is acutely aware that they can gain or lose your business based on their ability to deliver an experience that keeps you coming back for more! Through Bluecar's unique customer-controlled business model, on-demand riders can now experience that same level of effort and attention to detail because, for the first time ever in the on-demand market, drivers can lose your business by giving anything but their very best.

In the past, when you needed a ride on-demand, your choices were a taxi or someone who was just driving as a side-hustle. But, now, for the first time, highly skilled professionals are coming to the table ready to earn your business; and you get to keep them on their toes by choosing your driver! Prepare yourself for an experience you never thought possible from an on-demand environment.

 

The Upfront Agreement

When you use the Bluecar mobile application, you are interacting with Bluecar in the capacity of using the technology only. The drivers you meet on Bluecar are independently licensed and insured professionals who do business under their own company umbrellas and are accountable to their local Ground Transportation Administrations and regulatory agencies. Because you are interacting with both Bluecar and a separate independent business entity, we may at times step in to facilitate customer service issues that involve both parties. Most issues, however, can be worked out directly with the driver or driving service just as would be done if the driver had been hired directly though a business directory or search engine or phone number.

Despite the fact that drivers are not contractors for Bluecar - but are completely independent - you can have confidence in their willingness and their ability to provide outstanding customer service to you. The reason is that, on Bluecar:

  1. Drivers represent their own independent brands and companies and have a reputation to protect

  2. They can earn or lose your business through your choice to give it to them (or take it away)

  3. They are career-minded professionals who want your business

But, of course, anything can happen. And, if for any reason your experience with a driver is less than expected and the driver is not willing to make it right to save the relationship, you can: 

  1. use your choice to ensure they never get your business again, and

  2. give us a chance to make it right for you to preserve your relationship with Bluecar. 

 

Where it all Begins

The app you are about to download is considered to be our MVP (Minimally Viable Product). It is a starting point. There are features that may seem to be missing that some would call essential. We are aware of this and will add those features as soon as possible. One such features is a price estimate. In the absence of a price estimate per trip, we must include our rate formula in these terms. Similar to a taxi, we have a consistent rate that makes the price of each trip predictable even without an estimate given in the app. When you take a ride, you are agreeing to that rate which can be found in the terms below.

The second feature you may miss is the map where you can GPS track the driver as he or she makes their way to pick you up. Due to the absence of a map, our MVP is best used for personal trips. You may request a ride for a friend remotely, however, tracking the whereabouts of your friend during the trip will not be possible until we add a map in the coming months. 

 

With all of that out of the way, the following are the terms of use involving Beta version 1.0 of the Bluecar technology.

Bluecar Terms of Use for Riders

Last Updated: 10/10/2018

These Terms of Use constitute a legally binding agreement (the “Agreement”) between you and CSR reConnection Technologies, LLC. (“Bluecar,” “we,” “us” or “our”) governing your use of the Bluecar application, website, and technology platform (collectively, “Bluecar”).

By entering into to this Agreement, and/or by using or accessing the Bluecar platform you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE BLUECAR PLATFORM. 

 

The Bluecar Platform

Bluecar provides a marketplace where persons who seek transportation from professional luxury car services in an on-demand environment (“Riders”) can personally select the independent driver, the transportation service, or the vehicle type of their choice out of those available and nearby (“Drivers”). Each rider account is unique to a specific phone number. Therefore, each rider may only create one Rider account per phone number. To provide transportation services on Bluecar, Drivers must be part of regulated luxury private driving services, commercially insured according to the standards of their local regulators, have a license to operate as a luxury vehicle-for-hire service, have a registered DBA (i.e., a business entity), and any other requirements that are set forth by their local ground transportation authorities.

 

Hold Harmless
As a Rider, you are able to choose any driver you wish and you are able to see who you are requesting, which company they work for, and which vehicle they are driving before your request so that you can make a well informed personal decision. Furthermore, each Driver works under the umbrella of a local business and is accountable to their local governing agencies. Since the choice of which Driver you give your business to is always your choice – and since drivers are authorized to do business with you by their local agencies – you hereby agree to release Bluecar from the liability inherent in making connections between Riders and Drivers. Connecting with a driver through Bluecar is, legally, no different than connecting with a Driver through a business directory, a search engine, or a business card. Therefore, you agree to hold Bluecar without fault for the actions of the driver you connect with. If an issue with a driver is severe, we will assist you in filing a complaint to their local Ground Transportation Administration through which they acquired their licensing to operate a vehicle for hire service in their city. 

 

 

Modification to the Agreement

In the event Bluecar modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Continued use of Bluecar after any such changes shall constitute your consent to such changes.

 

Eligibility

Bluecar may only be used by individuals who can form legally binding contracts under applicable law. Bluecar is not available to children (persons under the age of 18). By creating a Rider account, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.

 

Charges

When you use the Bluecar technology to book a Driver on-demand, you are doing business directly with that driver and their transportation service. However, Bluecar facilitates certain functions of the Driver’s business and are, therefore, part of your Bluecar Terms. One such function is the standardization of price and collection of payment.

As a Rider, you understand that requesting a Driver may result in charges to you (“Charges”). Charges may include Fares and other applicable fees, tolls, surcharges, and in some states taxes.

 

Drivers using Bluecar have authorized Bluecar set rates for their services based on Market Pricing in order to create a consistent expectation for all consumers. Therefore, we reserve the right to determine and modify pricing by posting applicable pricing terms to the appropriate section of our website (currently this document; below), or by quoting you a price for a specific ride at the time you make a request. At this time, pricing varies based on the number of riders in your group (e.g., 1-3 riders, 4 riders, 5-6 riders, 7 riders) and the exact rates are posted below.

In addition to setting standardized rates, Bluecar also has the authority and reserves the right to modify an individual Fare so that it reflects the actual size of your group or length of the trip.

  • Example 1: You request service for up to 3 riders, but your group consists of 5 riders. We recalculate the trip based on the rate for 5 riders.  

  • Example 2: The driver starts the trip late and doesn’t capture the full fare. We recalculate the trip based on the actual scope of the trip.

  • Example 3: The app malfunctions and does not capture an accurate route or time. You or the driver request a review and an adjustment is made based on time and distance as estimated by Google maps.

 

You are responsible for knowing the rates which are used and shall be responsible for all Charges incurred under your Rider account regardless of your awareness of such Charges or the amounts thereof.

Variable Fares

All Fares are variable and consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from the Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we may calculate the time and distance using available data from your ride or do a manual calculation based on the start and end locations.  

Fees and Other Charges.

  • Standard Rates. Rates vary slightly based on your group size. All rates are comparable to Black and LUX-Black categories of competing rideshare services.

    • 1-3 Riders

      • $6 + $​​​​​2.60/mile + $0.80/minute

    • 4 Riders

      • $8 + $2.60/mile + $0.80/minute​

    • 5-6 Riders

      • $12 + $3.00/mile + $1.00/minute​

    • 7 Riders

      • $14 + $3.00/mile + $1.00/minute​

 
 

  • Cancellation Fee. After requesting a ride you may cancel it through the app, but note that after a certain amount of time passes the following cancellation fees will apply:

    • 0-2 minutes = No Charge

    • 2-5 minutes = $5.00

    • 5-10 minutes = $10.00

    • 10-15 minutes = 15.00

    • 15 + minutes = $20.00 

You may also be charged if you fail to show up after requesting a ride. Our cancellation policy is in place to compensate drivers for time and vehicle wear and tear as they drive to pick you up. Therefore, cancellations are also incremental based the span of time from the request to the cancellation.

  • Minimum Fares. If your base rate + miles + minutes does not add up to more than $18 for up to 1-4 riders, or $25 for 5-7 riders, you will be charged either an $18 or $25 minimum respectively. 

  • Damage Fee. If a Driver demonstrates that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Bluecar in its sole discretion), towards vehicle repair or cleaning. We make those charges on behalf of the Driver. If you believe a fee has been charged in error, or in excess, contact Bluecar’s customer service help desk and we will begin the resolution process.

  • Fare Adjustments. As stated above, adjustments may be made for an incorrect selection of group size or an error in capturing the full scope of the trip.

  • Other Charges. Bluecar version 1.3 does not support booking fees, the automatic billing of tolls, special event charges, wait time prior to the start of a trip, or adjusted rates during times of high demand. Future upgrades to the system may include some of those and we may add those without modifying these Terms of Use by sending out an email to current Riders. If your Rider app version is anything but 1.3, these fees may already be in place.

  • Gratuity. Following a ride, you may elect to tip your Driver. Bluecar version 1.0 does not have a function for adding gratuity. If you wish to leave your driver a gratuity, you may do so through any method you work out with the Driver such as cash, Venmo, Zelle, or the driver’s payment processor (e.g., Square).

 

General

  • Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (e.g., Stripe). Bluecar may replace its third-party payment processing services without notice to you. Charges shall only be made through the Bluecar Platform. Cash payments directly to the Driver are voluntary (as gratuity) and do not reduce or replace the automatic charges made to your credit card on file. According to Bluecar’s agreement with Drivers (in a separate document), charges made to your credit card by Bluecar satisfies your payment obligation for your booking and use of the Driver’s services.

  • No Refunds. We collect payment on behalf of independent private transportation services. Unless it can be demonstrated that a trip never took place, will will issue refunds only by request of the transportation services you worked with, and at their discretion. Contacting Bluecar for a refund will result in Bluecar contacting the transportation service for permission to release the funds. Their decision is final. In all other situations charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your use of the Bluecar application and/or the transportation service you utilized through our platform. If you believe you were charged in error, contact Bluecar’s customer service department and we will begin the resolution process.

  • Credit Card Authorization. Upon addition of a new payment method or each ride request, Bluecar may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.

Communications and Your Information

By entering into this Agreement or using Bluecar, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. These communications are from Bluecar and not from any individual Driver or transportation service.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. Opting out only removes you from promotional emails and does not prevent you from receiving email receipts, or emails with password reset instructions.

Refer to our Privacy Policy to learn more about Communications and what we do with your information.

 

Promotions and Referral Programs

From time to time, Bluecar may offer you incentives to refer your friends and family to become new Riders (the “Referral Program”). These incentives may come in the form of ride discounts or credits, and Bluecar may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of your referral code and participation in the Referral Program is subject to these agreements which will be accessible through a link in the email offering the promotion.

 

Restricted Activities

With respect to your use of Bluecar, you agree that you will not:

  1. impersonate any person or entity;

  2. stalk, threaten, or otherwise harass any Driver or other Rider, or carry any weapons;

  3. violate any law, statute, rule, permit, ordinance or regulation;

  4. attempt to bypass the software by canceling after the driver arrives and paying them directly in a private transaction

  5. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;

  6. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Bluecar Platform;

  7. “frame” or “mirror” any part of the Bluecar Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;

  8. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Bluecar Platform or any software used on or for the Bluecar Platform;

  9. rent, lease, lend, sell, redistribute, license or sublicense the Bluecar Platform or access to any portion of the Bluecar Platform;

  10. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Bluecar Platform or its contents;

  11. transfer or sell your User account, password and/or identification to any other party

  12. cause any third party to engage in the restricted activities above.

 

Disclaimers

Bluecar is not a rideshare company, a Transport Network Company  (TNC), or a Taxi Company. We are a Technology Platform that functions as a Host to independently licensed and insured luxury private transportation services. It is up to you to decide which Driver or Driving Service you would like to give your business to, and it is up to each Driver to decide whether to accept your business. Drivers on Bluecar are professionals who run their own private businesses and have obligations to clients outside of the Bluecar marketplace. If a driver forgets to log off while providing service to a non-Bluecar ride, they may be unable to take your request and may decline. If you request a ride and your preferred Driver does not respond or declines, it may be due to a scheduling conflict. We cannot guarantee a driver will accept your request even if they are showing to be available on the Bluecar mobile app.

Since drivers are independent professionals, we cannot guarantee the standards to which a Driver will operate. If they do not meet your standards, you are free to give your business to a different Driver the next time. If your experience was particularly bad, feel free to email Bluecar support. We will review the scenario and decide how to best preserve our relationship with you. Drivers are background checked with the companies they work for and, in most cases, with the local governing agencies who provided them with a license to do business as Transportation-for-Hire Services. Bluecar is not liable for Drivers and is only obligated to verify their licensing and approval with their local agencies. We may, but are not required to, provide an additional background check beyond what was done to obtain their licensing.

The Bluecar mobile application is in Beta until further notice. Our technology provided on an “as is” basis and without any warranty or condition, express, implied or statutory. Technology errors are a part of Beta testing. If you are not participating in Beta testing, errors may still occur. Contact our Bluecar support and we will make every effort to correct any issues.

We do not guarantee and do not promise any specific results from use of the Bluecar or that a particular favorite Driver will be available for you at the moment you need service. We do not guarantee your ability to receive Services at any given location or time or that the technology will be error-free or will meet your requirements.  

We cannot guarantee that each Driver is who he or she claims to be. Please use common sense when using the Bluecar, and use Driver profile images and vehicle information to verify the identity of your Driver.

You are responsible for the use of your Rider account and Bluecar expressly disclaims any liability arising from the unauthorized use of your Rider account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, change your password, then notify us immediately.

Location data provided by the Bluecar app is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.

 

Apple Agreement

This paragraph applies to any version of the Bluecar Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Bluecar. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Bluecar Platform. Bluecar, not Apple, is solely responsible for the Bluecar Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.


Limitation of Liability

IN NO EVENT WILL BLUECAR, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR MEMBERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE BLUECAR PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE BLUECAR PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE BLUECAR PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT BLUECAR HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Term and Termination

This Agreement is effective upon your creation of a Rider account. This Agreement may be terminated by either Party immediately, without notice, upon the other Party’s material breach of this Agreement. If the breach is cured in a timely manner and to Bluecar’s satisfaction, this Agreement will not be permanently terminated.

 

General

Agreement shall be governed by the laws of the State of Texas without regard to choice of law principles. This choice of law provision is only intended to specify the use of Texas law to interpret this Agreement and is not intended to create any other substantive right to non- Texans to assert claims under Texas law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.

If you have any questions regarding the Bluecar Platform or Bluecar’s agreement with independent Drivers, please contact Customer Support at info@mybluecar.com

FOUNDER'S CONTACT

jeff@mybluecar.com

817-730-8764