Legal
Last updated date to be confirmed
Draft, pending attorney review
This document is a working draft prepared for the MARQUE marketplace and has not yet been reviewed or approved by qualified legal counsel. It should not be relied upon as final legal advice or a binding agreement until that review is complete.
MARQUE is a trading name of Marque Drive (a ScaleMBS company), trading as MARQUE ("MARQUE", "we", "us"). MARQUE operates a marketplace website and related services that let independent, verified rental operators list exotic and luxury vehicles, and let renters search, verify their identity, and reserve those vehicles. MARQUE is a technology and payments platform. MARQUE is not a rental car company, does not own the vehicles listed on the marketplace, and does not itself rent vehicles to renters.
By creating an account, browsing listings, or making a reservation through MARQUE, you agree to these terms of service, our privacy policy, and, where applicable, our renter terms or operator agreement. If you do not agree, please do not use the site or services.
MARQUE connects renters with independent rental operators. Each operator is an independent business and the rental company of record for any vehicle it lists. MARQUE facilitates discovery, identity and insurance verification, contracting, and payment collection, but the rental agreement for a specific trip is between the renter and the operator.
You must be at least 18 years old to create a MARQUE account. Renting a specific vehicle may require a higher minimum age set by the operator, as described in our renter terms. You are responsible for keeping your account credentials secure and for all activity under your account.
To protect operators, renters, and the marketplace as a whole, MARQUE requires identity verification (through Stripe Identity), and may require driver's license and insurance verification, before a reservation is confirmed. Operators may set additional verification requirements for higher-value vehicles through our renter passport tiers.
All payments on the marketplace, including rental charges, the booking fee, taxes, and security deposit holds, are processed through Stripe. MARQUE acts as a limited payment collection agent on behalf of operators for amounts owed to them, as described further in our operator agreement. MARQUE never stores full payment card numbers.
Renters pay a booking fee, currently 5 percent of the rental subtotal, in addition to the operator's daily rate, applicable taxes, and any add-ons the operator offers. Operators are charged a commission, currently 15 percent, on bookings sourced through the MARQUE marketplace, club, or dealer channels, and 0 percent on bookings made through an operator's own bio-link. Fees are disclosed before you confirm a reservation.
You agree not to misuse the marketplace, including by submitting false information, attempting to circumvent identity or insurance verification, scraping the site, or using the service for any unlawful purpose. Operators agree not to list vehicles they do not have the right to rent, or misrepresent a vehicle's condition, availability, or pricing.
The MARQUE name, logo, website design, and software are owned by MARQUE or its licensors. Operators and renters may not copy, reproduce, or create derivative works from MARQUE's platform without written permission. Content submitted by operators, such as vehicle photos and descriptions, remains owned by the operator but is licensed to MARQUE for display on the marketplace.
MARQUE provides the marketplace on an "as is" and "as available" basis. We do not guarantee that any vehicle will be available, that any operator will perform as described, or that the service will be uninterrupted or error free. MARQUE is not responsible for the condition, safety, or legality of vehicles listed by operators.
To the maximum extent permitted by law, MARQUE will not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the marketplace, including damages arising from a rental agreement between you and an operator.
Disputes about a specific rental should first be raised with the operator and, if unresolved, with MARQUE support. We reserve the right to update our dispute and arbitration procedures in a future version of these terms, and will notify users of material changes.
We may update these terms from time to time. If we make material changes, we will provide notice through the site or by email before the changes take effect. Continued use of the marketplace after changes take effect constitutes acceptance of the updated terms.
These terms are governed by the laws of the State of California, without regard to conflict of law principles, except where a rental takes place in a jurisdiction, such as Arizona, whose local rental regulations apply to that specific transaction.
Questions about these terms can be sent to legal@marquedrive.com.