Car Dealership Delivery
Fee Addendum
Updated as of November 27, 2023
You entered into a Platform Access Agreement (the “PAA”) by and among you (“you”)
and Schleuder, LLC, a subsidiary of Uber Technologies, Inc. (“Uber”). This is an
addendum to the PAA and contains information about fee and payment terms. This
addendum is effective as of the date and time you accept it.
Capitalized terms used herein but not defined shall have the meanings ascribed to
them in the PAA. For the sake of clarity and depending on the context, references to
“we,” “our” and “us” may also refer to Uber.
Upon acceptance this addendum is incorporated by reference and a part of the PAA.
Except where modified above, the remainder of the PAA shall remain unchanged.
Delivery Fees; Gratuity. The “Delivery Fee” paid for by the Dealerships for a Delivery
includes a base amount (including but not limited to a flat pickup and/or drop off fee)
and may also include amounts based on the distance and/or time for each Delivery that
you complete (provided that the amount may be based on the most efficient route and
the estimated time amount between the pickup and drop-off location of a Delivery,
including expected wait-time at pickup, expected travel time, and expected wait-time at
drop off). The Delivery Fee may also include additional fees, such as a fee based on
certain trip attributes, and may be adjusted based on marketplace factors, such as
supply and demand.
Notwithstanding the foregoing, when you receive a Delivery request, or confirm a
Delivery opportunity, our Platform may surface a minimum fee amount (“Upfront
Delivery Fee”). You can accept this Upfront Delivery Fee by accepting the Delivery
request or confirming the Delivery opportunity. Delivery Fees do not include gratuity, nor
is receiving a gratuity guaranteed. Rather, the Dealerships may, in their sole discretion,
decide to provide you with gratuity. Uber will not take any portion of your gratuity except
as described below. If any gratuity is remitted using our application, it shall be included
with other monies you may be entitled to receive (collectively, “Net Payment”).
Incentives. From time to time, you may be offered certain incentives to use our
Platform. These incentives will be governed by separate terms and conditions provided
to you in connection with those incentive offers.
Delivery Payment. For each Delivery, the Dealership will pay an amount that
includes applicable fees for each Delivery (which contributes to the Delivery Fee),
and may also include additional charges, such as surcharges, taxes, estimated
tolls, and if the Dealership chooses, gratuity (collectively, the “Delivery Payment”).
No Separate Payment Related to Uber Marketing or Promotions. We often
separately advertise and market our Platform and other products and services generally
(including discounts or promotions) to users that reduce what they ultimately pay. Our
advertising and marketing does not impact your Delivery Fee, nor entitle you to any
additional payment.
Limited Agency for Payment Collection. In order to facilitate the transactions
described in this addendum, you hereby appoint us as your limited agent for any
payment collection related to your Deliveries and we hereby accept such appointment.
We will process the Delivery Payment, on your behalf, and receipt of such Delivery
Payment will be treated as if paid to you directly by the Dealership. We will use
commercially reasonable efforts to remit amounts owed to you at least once a week.
The Delivery Fee and any gratuity will be treated as if paid to you directly by a
Dealership. Either party may revoke this appointment by terminating this Agreement;
such revocation will be effective after final settlement of all outstanding liabilities under
this Agreement.
Deductions; Set-off. You also agree that Delivery Fees, incentives, and any gratuities
may be used to satisfy a court order of garnishment against you; to reimburse us for
citations, tickets, or other administrative penalties or fines assessed by governmental
entities arising from your conduct; or to reimburse us for any erroneous overpayment
to you.
Adjustments; Disputes. In our good faith discretion, we may adjust or, in more serious
situations, cancel or refund in its entirety, any component of the Delivery Payment for
reasons such as fraud, a failure to properly end a Delivery, or your violation of this
Agreement, such as failure to comply with the Requirements. If you believe in good faith
that there was an error that requires an adjustment to your Net Payment, you can report
that error by contacting us including by using the Driver app or phone support. You must
report errors promptly or you will waive your right to dispute such Net Payment.
Disputed amounts will be paid promptly upon resolution. Amounts owed to you will not
include interest and, if permitted by applicable law, will be net of any amounts you owe
us.
Receipts. Our Platform provides a system for delivering receipts to the Dealerships.
After completing a Delivery, the receipt will be electronically delivered to the
Dealership on your behalf. It may include certain information about you and that
Delivery (including your details).
Taxes. You are required to follow applicable law regarding your tax registration,
calculation and remittance obligations for your Deliveries, as well as to provide us with
all relevant tax information. You are responsible for taxes on your own income. Based
on applicable tax or regulatory considerations, we may choose in our reasonable
discretion to collect from your Delivery Payment, or other monies you may be entitled to
receive, taxes applicable to your Deliveries and remit such amounts directly to the
applicable taxing authority, and may provide any of the relevant tax information you
have given us directly to the applicable tax authorities on your behalf or otherwise.
By clicking “Yes, I agree,” I expressly acknowledge that I have read, understood,
and considered the consequences of this addendum, that I agree to be bound by
the terms of this addendum, and that I am legally competent to enter into this
addendum with Uber.
