A. Borrowing Agreement
FriendyCar offers Members Borrowing Agreement for Vehicle borrowings conducted via the FriendyCar platform, but remains a third party to the legal transaction of lending a Vehicle (FriendyCar is not a party to the Borrowing Agreement).
By using this agreement, Users benefit from the Services offered by FriendyCar, in particular insurance verification, payment administration, dispute administration and security deposit administration.
This agreement contains a number of equitable rules and provisions required of the Car Owner and the Borrower, allowing the borrowing to take place smoothly. The agreement will be available to both Car Owner and Borrower when they confirm the borrowing.
This agreement includes clauses incorporated in our Terms and specific conditions of each Borrowing Agreement indicated by the Car Owner and the Borrower (name, length of borrowing, vehicle...). Specific conditions are pre-filed by FriendyCar in the Borrowing Agreement.
The specific terms refer to clauses of the Borrowing Agreement. This builds on the provisions of the Terms which the Car Owner and the Borrower declare their allegiance by signing a Borrowing Agreement.
- Penalties provided for in the Borrowing Agreement
FriendyCar acts as an intermediary for the payment of compensation and penalties.
Payment of compensation to the Car Owner is subject to the Borrower’s prior payment thereof.
The Borrower is informed that if the Car Owner provides proof of his/her liability, the compensation and penalties will be deducted directly from the payment method used for paying the borrowing.
By accepting the Terms, the Borrower authorizes the payment of such compensation and penalties.
Following is the list of penalties provided for in the agreement:
- Late penalties:
If the Borrower returns the Vehicle later than the agreed-upon return date and time, he/she will owe the following late penalties:
- If the Vehicle is returned with more than One hour delay, then a penalty of 1 day borrowing fee shall be applied.
- The Vehicle is considered stolen if delayed more than 24 hours after the return time agreed upon between the Car Owner and the Borrower; and:
- A legal case will be filled;
- In case of returning the delayed Vehicle, in addition to any legal penalties and FriendyCar administration fees, the Borrower will owe a lump-sum penalty of (2 × daily rate) for each full day of lateness (paid to the Car Owner);
- If the Vehicle is damaged during the borrowing, the repairs will be fully borne by the Borrower.
- Penalty for smoking in a non-smoking Vehicle:
AED 50 (80% paid to the Car Owner, and 20% paid to FriendyCar for administrative costs) for smoking in a non-smoking Vehicle.
- Penalties related to Vehicle cleanliness:
AED 50 (80% paid to the Car Owner, and 20% paid to FriendyCar for administrative costs) if the exterior of the Vehicle is unusually dirty (see Article 10 below);
AED 50 (80% paid to the Car Owner, and 20% paid to FriendyCar for administrative costs) if the interior of the Vehicle is unusually dirty (see Article 10 below).
- Salik toll charges:
Salik toll fee is defined by Dubai authorities. The Borrower shall pay the full amount of Salik toll fees that are charged towards the car during the Borrowing period. (paid to Car Owner)
In addition, Borrower will be charged an administration charges equal to 10% Of total Salik Charges (paid to FriendyCar for administrative costs).
- Penalty for traffic tickets:
Traffic tickets are defined by Dubai authorities. The Borrower shall pay the full amount of traffic tickets that are charged towards the car during the Borrowing period. (paid to Car Owner).
In addition, Borrower will be charged an administration fees of 5% of the total traffic tickets amount (paid to FriendyCar for administrative costs).
- Penalty for non-compliance with the terms or no-show at the borrowing start date and time:
A full one day borrowing rate amount, (50% paid to the Car Owner, and 50% paid to FriendyCar for administrative costs) if the Borrower fails to appear at the date and time scheduled for Vehicle pick-up with the Car Owner, or if the Car Owner discovers at that time that the Borrower is not in compliance with the Borrowing terms.
- Penalty for cancellation:
In case of a Borrower cancels the borrowing within less than 24 hours before the borrowing start date (after 11:59 P.M. of the day before the start of the borrowing date), the Borrower will be charged an amount of a full day borrowing rate amount, (50% paid to the Car Owner, and 50% paid to FriendyCar for administrative costs).
- Early return:
There are no credits/refunds issued for early returns or late collection.
- Penalty for dispute:
In case of a dispute on the settlement amount, reported by the Car Owner or the Borrower, the mistaken party (whether the Car Owner or the Borrower) will be charged an amount of AED 100 (paid to FriendyCar for administrative costs).
B. Payment Administration
In addition to security deposit administration, Users may request FriendyCar to make the borrowing-related payments between Users. Users wishing to request FriendyCar to make such payments, must be in compliance with all of these Terms, in particular those of Article 4 and Article 5.
The FriendyCar payment service can be used for:
- Payments related to numbers of kilometers traveled;
- Compensation for fuel level differences;
- Compensation and penalties provided for under Article 9 and Article 10 of these Terms.
FriendyCar’s payment service will not intervene in the case of traffic tickets or court decisions following disputes between Users.
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
We accept payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currency). The cardholder must retain a copy of transaction records.
Multiple borrowing requests, settlements, dispute handling requests, shipments and/or delivery may result in multiple postings to the cardholder’s monthly statement.
Any refunds will be done only through the Original Mode of Payment.
C. Security Deposit Management
By using FriendyCar service, the borrower agrees that FriendyCar will charge him/her a security deposit that will be deducted from the Borrower payment method upon confirmation of the borrowing. The security deposit value is a variable amount, depending on the car value and the insurance policy provided by the Car Owner. This security deposit will be used to cover any penalties, insurance claims, and/or any other charges. In case the charges are above the security deposit amount, the Borrower will be charged the extra amount during or after the borrowing. In case the charges are less than the security deposit amount, a refund for the rest of the amount will be done within 30 days after the borrowing settlement.
By using FriendyCar service, Users acknowledge and agree that:
- The Borrower firmly and irrevocably undertakes to pay the amount of the security deposit, with no objections or exceptions;
- The Borrower authorizes FriendyCar to deduct the security deposit amount from his/her provided payment method and to use it towards the payment of penalties and/or any other extra charges mentioned in these Terms;
- The security deposit value will vary depending on the selected car insurance policy, with a minimum of AED 1,000.
- The security deposit amount will be kept up till up to 30 days after the borrowing is marked as complete on FriendyCar website and the settlement of any dispute (if any);
- The Car Owner is paid through FriendyCar if the Borrower’s account balance permits;
- In case of the penalties and/or any extra required charges are more than the security deposit amount, the Borrower authorizes FriendyCar to deduct the full required amount from his/her provided payment method;
- In case of the provided payment method doesn’t have sufficient amount to cover the required charges, a penalty of 3% monthly interest on the unpaid balance (paid to FriendyCar) applies, in addition to the original required amount;
- In any case, FriendyCar will not play any third-party payment role for problems reported by the Car Owner to FriendyCar more than a month after the end of the borrowing, except for traffic tickets of which the Car Owner could be legitimately unaware.