FairCar — Rentals & leases. Fair and clear.

Terms of service

Effective date: June 21, 2026. Version 2.0.

These Terms of Service ("Terms") form a binding agreement between you and FairCar, Inc. ("FairCar", "we", "us"). By creating an account, listing a vehicle, or booking a trip on faircar.app or any related product (collectively, the "Service") you accept these Terms. If you do not agree, do not use the Service.

1. Role of FairCar

FairCar operates an online marketplace that lets vehicle owners ("Hosts") rent their personal vehicles to drivers ("Guests"). FairCar is not a rental car company, a transportation provider, an insurer, an agent, or a party to the rental contract between Host and Guest. FairCar's role is limited to providing the technology, payment rails, identity verification tooling, communication tools, and dispute resolution process described in these Terms. The rental contract itself is formed solely between Host and Guest at the moment a booking is confirmed and is governed by the Guest Rental Agreement and the Host Agreement.

2. Eligibility

  • You must be at least 21 years old to book a trip as a Guest and at least 18 to list a vehicle as a Host.
  • You must hold a valid, unrestricted driver's license that is not expired, suspended, or revoked.
  • You must complete identity verification before any trip begins.
  • You must maintain a personal automobile insurance policy that covers you while driving a vehicle you do not own (Guests) or that covers commercial peer-to-peer rental of your vehicle (Hosts). See how coverage works.

3. Fees, taxes, and payouts

  • Guest fee. Guests pay the trip subtotal plus a 10% guest service fee with a $9.99 minimum, plus applicable taxes calculated and collected through our payment processor and remitted as required by applicable law.
  • Host fee. Hosts pay a monthly subscription that is only billed in months that contain at least one completed booking. FairCar does not take any commission or percentage of the trip subtotal — Hosts keep 100% of their trip earnings.
  • Security deposit. The deposit amount is shown at checkout, but the authorization hold is placed on the Guest's payment method 24 hours before trip start and is released or partially captured per the deposit policy.
  • Taxes. Sales, use, rental, and similar transaction taxes are calculated and collected through our payment processor based on the rental jurisdiction and remitted as required by applicable law. FairCar does not provide tax advice.
  • Payouts. After the trip is complete and the dispute window closes, eligible payouts are queued through our payment processor. Most payouts arrive within 2 to 5 business days, depending on processor verification, bank timing, and disputes.

4. Cancellations and refunds

A single platform-wide cancellation policy applies to every booking. A Guest receives a 100% refund only when the cancellation occurs within 7 days of the booking creation and the trip is still at least 7 days away from starting. Outside that window the booking is non-refundable, except where a Host cancels (always a full Guest refund) or where FairCar cancels for fraud, safety, or compliance reasons. Full terms: cancellation policy.

5. Insurance & financial responsibility

FairCar does not provide, sell, or arrange automobile insurance. Guests acknowledge that their personal automobile insurance is the primary coverage for the trip and that the security deposit is the sole pool from which FairCar will compensate a Host for damage, cleaning, mileage overage, fuel/charge overage, late return, or similar incidental claims. Claims that exceed the deposit are pursued by the Host directly against the Guest's personal policy or, where applicable, the at-fault third party's policy. Hosts acknowledge that they must maintain insurance that permits commercial peer-to-peer rentals; failure to do so does not transfer liability to FairCar. See /trust/coverage.

6. Trip inspections and security deposit

Both parties must complete a structured pre-trip and post-trip inspection (exterior photos, interior photos, odometer, fuel or battery level) inside the FairCar app at the times defined in the Guest and Host agreements. Failure to complete a required inspection forfeits the non-complying party's right to dispute mileage, fuel, condition, or cleaning charges arising from that trip.

7. Disputes

FairCar resolves marketplace disputes through a structured 5-day process. Either party may open a dispute within 24 hours of trip completion. Both parties are required to respond within FairCar-defined SLAs (typically 24-48 hours per stage); if a party fails to respond in time, FairCar may decide the dispute on the available evidence and the silent party waives further appeal. FairCar's resolution is final for amounts within the security deposit. For amounts beyond the deposit, FairCar may produce a written record (the "Resolution Memo") that the prevailing party may use in subsequent civil or insurance proceedings.

8. Prohibited use

  • No use for rideshare, taxi, or commercial passenger transport.
  • No commercial delivery, courier, or for-hire goods transport.
  • No off-road, racing, track, or speed-contest use.
  • No towing beyond manufacturer-rated capacity.
  • No transport of hazardous materials, illegal goods, or live animals (other than service animals).
  • No driving outside the geographic region disclosed at booking without prior written Host consent.
  • No subletting, re-renting, or transferring the vehicle to any person other than authorized Guests listed on the booking.
  • No smoking or vaping inside the vehicle. No driving while impaired by alcohol or any controlled substance.

Violations void any FairCar dispute-resolution support, may forfeit the security deposit in full, and may result in immediate account termination and referral to civil or criminal authorities.

9. Account suspension and termination

FairCar may suspend or terminate any account for fraud, chargeback abuse, safety violations, repeated cancellations, repeated policy violations, failure to complete identity verification, or for any reason at FairCar's discretion. Suspension may be limited to bookings, listings, or the entire account. Pending payouts may be held during investigation of a suspected violation and released only after the investigation concludes.

10. Communications

By using the Service you consent to receive transactional email communications about your bookings, payments, security deposit, disputes, identity verification, and account. FairCar does not send SMS marketing. Promotional email may be turned off at any time using the unsubscribe link in any such email. Account-critical email (booking confirmations, payment receipts, deposit notices, dispute notices, password resets) cannot be unsubscribed while your account is active.

11. Intellectual property

FairCar owns all rights in the Service, including software, brand marks, design, and aggregated trip data. You retain ownership of content you submit (listing photos, profile, messages) and grant FairCar a worldwide, royalty-free, sublicensable license to host, display, reproduce, and use that content to operate, promote, and improve the Service.

12. Disclaimers

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, or any warranty arising from course of dealing or usage of trade. FairCar does not warrant that any listing is accurate, that any vehicle is roadworthy, that any Host or Guest is trustworthy, or that the Service will be uninterrupted or error-free.

13. Limitation of liability

To the maximum extent permitted by law, FairCar's aggregate liability to you for any claim arising out of or related to the Service or to a single trip is limited to the greater of (a) the total fees FairCar collected from you on the trip giving rise to the claim, or (b) USD 500. In no event will FairCar be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, lost profits, lost revenue, loss of data, personal injury, or property damage, even if advised of the possibility of such damages.

14. Indemnification

You will defend, indemnify, and hold harmless FairCar and its officers, employees, and affiliates from any claim, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of (a) your use of the Service, (b) your breach of these Terms or any FairCar policy, (c) your interaction with another user, (d) your violation of any law, or (e) your infringement of any third-party right.

15. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Except for claims for injunctive relief, any dispute between you and FairCar will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, seated in Wilmington, Delaware, and conducted in English. You and FairCar each waive any right to a jury trial and any right to participate in a class action. You may opt out of arbitration by sending a message to the FairCar admin team through your in-app Messages within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out".

16. Changes

We may update these Terms. Material changes will be announced by email and on this page at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

17. Monthly leases

A "Lease" is a month-to-month booking of a vehicle through FairCar, distinct from a short-term trip rental. Leases are governed by the rental sections of these Terms (insurance, deposits, prohibited use, dispute resolution, governing law, and limitation of liability) and by the lease-specific terms below.

  • Minimum duration. The minimum lease term is one (1) calendar month. Anything shorter is a standard trip rental.
  • Monthly billing. The monthly lease rate displayed on the listing is charged on the lease start date and then on the same calendar day each month for the duration of the lease. Failed payments suspend driving privileges until cured.
  • Mileage allowance. Each lease includes the monthly mileage allowance shown on the listing. Overage miles are billed at the per-mile rate shown on the listing at the close of each monthly billing cycle.
  • Maintenance. Routine maintenance (oil, tires, brakes, scheduled service, registration, and recall work) is the Host's responsibility. The Guest is responsible for fuel or charging, fluid top-offs between services, parking, tolls, traffic violations, and any damage caused during the lease term.
  • Deposits. Leases require a refundable security deposit sized to the vehicle's value, authorized at the start of the lease and re-authorized as needed each billing cycle. The deposit policy on the coverage page applies.
  • Insurance. Both parties must maintain insurance as described in Section 2. Coverage varies by carrier, state, and policy, and may differ for monthly leases versus trip rentals — Guests should confirm with their insurer before signing a lease.
  • Early termination. Either party may end a lease at the close of any monthly billing cycle with at least 14 days' written notice through in-app Messages. Termination inside the 14-day window forfeits the security deposit up to the remaining unbilled month. Host-initiated termination for cause (non-payment, prohibited use, safety) is effective immediately.
  • Renewal. Leases renew automatically each month at the listed rate unless either party gives 14 days' notice. The Host may adjust the rate for the next renewal cycle with at least 30 days' notice through in-app Messages.
  • Return. At lease end, the Guest returns the vehicle to the location on the listing in the condition it was delivered (normal wear excepted), with all keys, accessories, and equivalent fuel or charge level. Pre- and post-lease inspections follow the same flow as trip rentals.

18. Contact

FairCar, Inc. — questions, legal notice, or service of process: sign in and send a message to the FairCar admin team from your in-app Messages. We respond within one business day.