FairCar — Rentals & leases. Fair and clear.

Guest rental agreement

Effective date: June 21, 2026. Version 2.0.

This Guest Rental Agreement ("Agreement") is a binding contract between you (the "Guest") and the host of the vehicle you book (the "Host"). FairCar, Inc. ("FairCar") facilitates this Agreement through the FairCar marketplace but is not a party to it. By confirming a booking, you accept this Agreement for that booking.

1. Vehicle and term

The vehicle, pickup/return locations, start/end dates and times, and trip distance allowance are the ones displayed on your booking page in the FairCar app. The Host warrants that the vehicle is registered, road-legal, insured under a policy that permits commercial peer-to-peer rental, and in mechanically safe condition at handoff.

2. Authorized drivers

Only the Guest named on the booking, and any additional driver who has been added to the booking and has completed identity verification in the FairCar app, may operate the vehicle. Allowing any other person to drive is a material breach, voids any FairCar dispute support, and forfeits the security deposit in full.

3. Identity verification

Guest must complete FairCar identity verification at least 4 hours before the trip start time. Failure to verify by 4 hours before start automatically converts the booking to "verification overdue"; if verification is still incomplete at 2 hours before start, FairCar will cancel the booking and refund the Guest the trip subtotal less a 10% processing fee.

4. Mandatory inspections

Guest must complete a pre-trip inspection in the FairCar app before driving away from the pickup location (minimum 4 exterior photos, 2 interior photos, odometer reading, fuel or battery level). Guest must complete a post-trip inspection in the FairCar app at the return location before handing over the keys. Failure to complete a required inspection waives Guest's right to dispute any condition, mileage, fuel, or cleaning charge arising from this trip.

5. Permitted use

  • Personal use only. No rideshare, taxi, delivery, courier, off-road, racing, track, towing beyond manufacturer rating, hazardous-material transport, or commercial passenger transport.
  • No use outside the geographic region disclosed on the booking page without prior written Host consent.
  • No smoking, vaping, or transport of pets (other than service animals) inside the vehicle without prior written Host consent.
  • No driving while impaired by alcohol or any controlled substance.
  • No transfer, sublet, or re-rental of the vehicle.

6. Security deposit

The deposit amount is shown at checkout (Standard $300, Premium $750, Luxury $1,500, Exotic $3,000), but the authorization hold is placed on Guest's payment method twenty-four (24) hours before trip start. At trip completion, FairCar will (a) release the hold if no damage or overage is reported, (b) partially capture the actual amount of any agreed or adjudicated damage/overage and release the remainder, or (c) fully capture the hold and open a dispute for any amount exceeding the deposit. Captures are itemized in writing.

7. Insurance and financial responsibility

Guest's personal automobile insurance is the primary coverage for the trip. Guest represents that they hold such a policy and that it permits them to drive vehicles they do not own. Guest is financially responsible for all damage, loss, theft, mileage overage, fuel/charge overage, cleaning, late return, toll, citation, impound, towing, and storage charges arising during the rental period, regardless of fault, except where the loss is recoverable from an at-fault third party's insurance. FairCar does not provide insurance and is not liable for any such charges.

8. Tolls, tickets, and citations

Guest is responsible for all tolls, traffic and parking citations, red-light camera violations, and similar charges incurred during the rental period. FairCar may pass through to Guest any such charge received by Host together with a reasonable administrative fee.

9. Accidents, damage, and theft

Guest must immediately (a) ensure the safety of all persons, (b) call emergency services if anyone is injured, (c) call police if any party may be at fault or the damage is material, (d) photograph the scene and all vehicles involved, (e) exchange insurance information with any third party, (f) notify the Host through the FairCar app, and (g) file a Safety Report in the FairCar app within 24 hours. Failure to obtain a police report when one is required by law forfeits FairCar dispute support for that incident.

10. Late return

Guest must return the vehicle at the time specified on the booking page. Late returns are billed at 150% of the prorated daily rate per hour or fraction thereof, plus any consequential damages the Host suffers (e.g., a missed subsequent booking).

11. Disputes

Disputes between Guest and Host are processed through FairCar's structured 5-day dispute process. Both parties must respond within stage SLAs; failure to respond results in the dispute being decided on the available evidence. FairCar's decision is final for amounts within the security deposit. See the Terms of service.

12. Cancellation

The platform-wide cancellation policy governs refunds.

13. Indemnification

Guest will defend, indemnify, and hold harmless Host and FairCar from any claim arising out of Guest's use of the vehicle, breach of this Agreement, or violation of any law during the rental period.

14. Governing law

This Agreement is governed by the laws of the state in which the vehicle is registered. The arbitration clause in the Terms of service applies to disputes between Guest and FairCar; disputes solely between Guest and Host are resolved through FairCar's dispute process and, beyond that, in the courts of the vehicle's registration state.