Zipcar

Zipcar Membership Contract (effective February 4th 2020)




Zipcar Membership Contract <p> <strong>Effective: February 4, 2020</strong> </p> <p> <br> This Contract is a vehicle-sharing service subscription contract between Zipcar and the Member. All Members are required to accept and comply with the terms and conditions set forth herein. By accepting the terms and conditions of this Contract and using Zipcar's services you accept and agree to comply with the terms and conditions of this Contract, as it may be amended from time to time as provided herein.</p> <p>IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS CONTRACT, THEN YOU ARE NOT AUTHORIZED TO USE ANY OF ZIPCAR'S VEHICLES OR SERVICES.</p> <p>Zipcar reserves the right to change the terms of this Contract, including the associated Schedules, from time to time. We will give notice of material changes to Members. Unless we designate a different date for effectiveness, such changes will be effective when notice is given to Members and notice will be considered given when such notice is indicated and accessible from the first page accessed after the Member log-on, when it is provided by email to the Member's address on file with Zipcar, or it is provided via our website or other applicable form of communication such as by mobile application or text.</p> <p>You agree that continued use of Zipcar constitutes acceptance of any amended terms and conditions in a revised Contract, which shall be effective and binding on you upon the effective date indicated in such notice or on such other date as Zipcar may designate in its notice. Reservation rates, fees and taxes are subject to change. You may review your total estimated reservation cost before you confirm your reservation.</p> <p>Certain provisions of this Contract and the Rules related to your use of Zipcar vehicles and services may vary based upon the jurisdiction in which you reserve or use a Zipcar vehicle. For example, the third party liability Zipcar provides may vary based upon the country (or, if applicable, by province or state) in which you are utilizing the Zipcar vehicle and certain different or additional fees and policies may apply. The Contracts applicable to all jurisdictions in which Zipcar vehicles may be reserved are available through the Zipcar websites.</p> <p> <strong>1. Definitions</strong> </p> <p>In this Contract, the following definitions apply:<br> a.<br> "Member" or "you": The person registered as the First Member and, unless specifically indicated otherwise in this Contract, each Associate Member.<br> b.<br> "First Member": The person designated to receive and pay all fees, charges and other costs associated with membership, including application fees, membership fees, driving charges and other costs or fees as indicated in the Rules and Schedules described below.<br> c.<br> "Associate Member": Any approved Zipcar Member who is authorized by the First Member to use Zipcar's service under the terms of this Contract. Additional driving record/insurance verification, application and/or membership fees may apply for Associate Members.<br> d.<br> "Contract": This Membership Contract and its Schedules, whether made available in print or electronically through Zipcar's websites. The Schedules are an integral part of this Contract.<br> e.<br> "Rules": All the rules, guidelines or policies of Zipcar related to a Member's use of the Zipcar service, whether set forth in this Contract, appearing elsewhere on Zipcar's websites or otherwise issued from time to time by Zipcar, including specifically and without limitation those set forth in Schedule 1: Rules for Vehicle Use.<br> f.<br> "Schedules": All the schedules, rate plans and polices referenced in or incorporated into this Contract.</p> <p> <br> <strong>2.&nbsp. Basic Terms of Use of the Zipcar Service</strong> </p> <p> <br> <strong>2.1</strong>&nbsp;This Contract is a vehicle-sharing service subscription contract offered by Zipcar, Inc. or one of its affiliated companies ("Zipcar", "us", or "we"), but does not in itself confer any right to use any Zipcar vehicles. A Member may only use Zipcar's vehicles, to the extent available, in accordance with the terms of this Contract and subject to paying all applicable fees and charges.<br> &nbsp;</p> <p> <strong>2.2</strong>&nbsp;Zipcar is the owner of any item it provides to the Member or puts at the Member's disposal during the term of this Contract, including specifically and without limitation, all Zipcar vehicles, mobile and web based applications and the Member's access card ("Zipcard"). The Member's use of and rights in relation to any Zipcar vehicle or item provided by Zipcar under this Contract are limited to those rights of use stated in this Contract.</p> <p> <strong>3. Eligibility</strong> </p> <p> <br> <strong>3.1</strong> </p> <p>To be eligible for our service, the Member must:<br> •<br> Be at least 21 years of age. provided, however, that if the Member is a student of a college or university that has separately contracted with Zipcar for services, generally, such Member must be at least 18 years of age;<br> •<br> Hold a valid driver's license that authorizes the Member to drive in the jurisdictions in which the Member will use Zipcar vehicles and have a driving history that meets Zipcar's then current eligibility requirements<br> •<br> Accurately, truthfully and fully complete the application process with Zipcar and deliver all information and documents requested in the application or otherwise.</p> <p> <br> <strong>3.2</strong> </p> <p> <br> Satisfying the foregoing criteria does not automatically give an applicant the right to become a Zipcar Member. Acceptance of the applicant's membership is subject to approval by Zipcar in its sole discretion and, without limiting the foregoing, membership may be denied based upon other factors determined by Zipcar in its sole discretion. In addition, even if approved for membership, a Member may be restricted from driving certain Zipcar vehicles at Zipcar’s sole discretion, or reasons including, but not limited to, the Member's driving or membership history or Zipcar’s service offerings.</p> <p> <br> <strong>4. Fees and Responsibilities of the Member</strong> </p> <p> <br> <strong>4.1</strong> </p> <p> <br> The Member agrees to pay Zipcar all applicable driving record/insurance verification, application, membership and similar fees associated with the Member's driving/membership plan. Such fees (if applicable) are not refundable, regardless of whether or not the application is accepted by Zipcar or a Member's membership terminates and new verification/application fees may be payable if a new membership application is resubmitted more than thirty (30) days after a Member's account with Zipcar is closed. If your driving/membership plan includes an annual or monthly fee, your initial membership fee will be charged to you within five days of membership approval, regardless of whether you activate your Zipcard, and will only be refundable if you terminate your membership within the first thirty (30) days following membership approval. Certain restrictions apply. If at any time you wish to cancel your Zipcar membership, call us at 1-866-4ZIPCAR.<br> Certain membership plans (including for example, monthly plans, Extra Value Plans ("EVP") or Wheel Deal Plans) renew every month. Following approval of the Member by Zipcar for a monthly renewing plan, the Member's credit or debit card will be automatically charged every month, even if the Member's Zipcard is not activated. Monthly payments associated with such plans are non-refundable and, for EVP and Wheel Deal Plans, the driving credit associated with the monthly fee expires at the end of each month if not used and may not be carried into future months. EVP and Wheel Deal plans are optional and may be changed/opted-out of at any time from the Member's account page or by calling 1-866-4ZIPCAR.</p> <p> <br> <strong>4.2</strong> </p> <p> <br> The Member is required to pay all fees and costs incurred (including fees and costs incurred by Associate Members) when due, including, without limitation, application fees, driving record/insurance verification fees, membership fees (which are automatically charged when due), driving charges (including but not limited to mileage overage and surcharge and/or toll fees), sales and other taxes and levies, and other costs and fees as may be detailed in the Rules and Schedules or the Member's driving/membership plan. Members are billed for amounts due via credit or debit card or other means as established by Zipcar. Any Member account which is past due will be suspended. however, any reservations booked in advance shall still be charged to the Member if not timely cancelled by the Member. If payment of any amount due is rejected by the credit or debit card provided by the Member, membership, and the use of Zipcar's services, may be suspended. Members are responsible for providing and maintaining current credit card or debit card information on file with Zipcar. Issues with credit or debit card billings may result in termination of membership. Under no circumstances will Zipcar be responsible for any overdraft or other fees charged by a Member's credit card company or bank. For past due accounts, Zipcar may also change when payment is due and/or terminate the Member's account. In addition, Zipcar may utilize third parties to collect amounts owed to Zipcar by a Member and the Member will also be responsible for any collection or similar fees associated with these collection activities.<br> <strong>&nbsp;<br> 4.3</strong> </p> <p> <br> Young Driver Fees. Due to the high costs associated with providing on-demand vehicles to young drivers, all reservations made by drivers under 25 years of age will include additional young driver fees assessed by the hour or day, as appropriate. Please refer to the Zipcar Help Center at https://support.zipcar.com/hc/en-us for additional information on these fees.</p> <p> <br> <strong>4.4</strong> </p> <p> <br> Members are responsible for providing and maintaining current email, mobile phone, preferred search address, mailing address and other account information. Telephone calls/texts, email correspondence and social media communications with Zipcar may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls/texts, emails and social media communications.</p> <p> <br> <strong>4.5</strong> </p> <p> <br> By applying for membership, each applicant authorizes Zipcar to obtain his/her driving records from the jurisdiction in which the applicant is licensed. Members who do not have a driver's license from the jurisdiction in which they reside must comply with the licensing requirements of such jurisdiction for driving in that jurisdiction. In addition, Zipcar may at any time require Members to demonstrate compliance with the licensing laws of their jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in their jurisdiction of residence. Zipcar reserves the right to request additional information, such as a copy of a passport or proof of address at any time. Because driving a Zipcar vehicle requires maintaining a good driving record, Zipcar may, from time to time, check Members' driving records and reserves the right, at its sole discretion, to suspend or terminate the Membership of any Member who does not meet Zipcar's eligibility requirements. If the Member's license is suspended or revoked or becomes invalid, if the Member has any further endorsements or accidents on their driving record or if the Member is convicted of or receives a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, the Member agrees to report such suspension, revocation, changes, conviction or citation to Zipcar promptly. Failure to notify Zipcar of any such events may lead to the Member not being covered by Zipcar's liability protection when driving a Zipcar vehicle and/or termination of membership.</p> <p> <br> <strong>5. Damages. Damage Fee. Damage Fee Waivers</strong> </p> <p> <br> <strong>5.1</strong> </p> <p> <br> Damages Generally: A Member is responsible for any and all damages ("Damage Fee") that occurs to a Zipcar vehicle while in the Member's possession or control (including the entire time the vehicle is reserved under the Member's account), even if damage is weather-related, caused by a third party or arises from similar causes, and is responsible for the full value of any damages or injuries caused to third parties or their property. Such damages include, without limitation, the repair costs (estimated or actual) for the Zipcar vehicle and third party property, injuries to third parties, costs associated with the recovery or transportation of Zipcar vehicles, and the loss of use of Zipcar vehicles or third party property. Separate of the Damage Fee, Zipcar provides third party liability as described in Section 6 below. If, however, a Member fails to abide by the terms and conditions of this Contract, the third party liability Zipcar provides may not apply, which may make the Member responsible for the full cost of any accident or incident and any damage arising from such accident or incident. For example, a Member who has violated the member contract will be responsible for all damage and costs incurred as a result of the non-Member's use.</p> <p>Damage Fee: Assuming a Member's compliance with all of the terms and conditions of this Contract, the Member's responsibility for the Damage Fee shall be limited to the amount associated with the Member's driving/membership plan and/or the type of Zipcar vehicle used by the Member. Members will be responsible for up to the full amount of the Damage Fee for actual, estimated or projected expenses, whether or not an actual claim is made or processed, unless the Member has purchased a Damage Fee Waiver, or DFW.</p> <p> <br> For reservations originating in New York State: In the event a Zipcar vehicle reserved from a location in New York State is damaged while it is reserved under the Member’s account, Zipcar will provide the Member with an incident report form, an estimate of the cost for repairing the vehicle, and the damage fee the Member is obligated to pay, if it is proven that the vehicle was damaged while it was reserved under the Member’s account, pursuant to the terms of this Contract. A Member is obligated to truthfully and timely complete the incident report form, or Zipcar will have the right to terminate this Contract. The Member has the right to contest any damage that Zipcar determines may have occurred while the Zipcar vehicle was reserved under the Member’s account.</p> <p> <br> <strong>5.2</strong> </p> <p>Damage Fee Waivers: Zipcar offers for purchase, at the option of the Member, Damage Fee Waivers or DFWs.<br> For an additional charge, eligible Zipcar Members (generally Members age 21 or over who have not had an accident in Zipcar vehicle involving property damage or any third party during the past 12 months, subject to applicable limitations and restrictions) have the option to purchase a DFW to cover part or all of the Member's financial responsibility for damages arising from the Member's reservation ("Damage Fee"). Before purchasing a DFW, you should check to see if you already have rental vehicle collision coverage through your credit card or personal automobile insurance policy that would apply to and cover the Damage Fee. You have no obligation to purchase a DFW. The purchase of a DFW is optional and may be declined. A DFW is not insurance and does not provide or alter insurance coverage.</p> <p>By purchasing an optional DFW, a Member can reduce or eliminate the applicable Damage Fee. If a Member purchases a DFW and reserves a Zipcar vehicle, Zipcar will waive that Member's responsibility for all or a portion of the applicable Damage Fee, based upon the buy down amount (all or partial) of the DFW purchased. A DFW applies only to the Zipcar vehicles reserved by the Member purchasing the DFW and does not apply to Associate Members or use of Zipcar vehicles which were reserved by another member. A DFW may also be limited to specific types or classes of Zipcar vehicles. Before reserving a Zipcar vehicle, Members should confirm whether any previously purchased DFW applies to the Zipcar vehicle being used. The purchase of a DFW is non-refundable and the DFW will not be applied if the Member has violated any of the terms or conditions of this Contract.<br> Separate of the third party liability described above, Members are responsible for the Damage Fee, &nbsp;which is a fee of up to the first $1,000 of damage to the Zipcar vehicle per incident, and can be reduced or eliminated with the purchase of an optional Damage Fee Waiver, or DFW.&nbsp;</p> <p>The cost of the DFW will vary based upon, among other things, the term/type of DFW purchased (annual, monthly or per reservation), Damage Fee reduction amount (all or partial), membership location, driving experience and similar factors. For annual or monthly waivers, the DFW is limited to the period stated at the time of purchase. after which, if you elect not to renew or repurchase or cancel a DFW, you will be once again responsible for the full Damage Fee. A per reservation DFW applies only to the specific reservation for which it is purchased and is not transferable in any manner.</p> <p>The elimination or reduction of liability for the Damage Fee through the purchase of a DFW will not apply, and previously purchased DFWs may be terminated by Zipcar, if you (1) use the vehicle in violation of this Contract, including if you permit a non-Member to drive, engage in any prohibited use of a Zipcar vehicle or, purposely or through negligence (e.g., by putting the wrong type of fuel in a vehicle), damage a Zipcar vehicle or third party property. (2) have had your membership suspended or terminated by Zipcar and/or have two at fault incidents in a Zipcar vehicle involving property damage or any third party. (3) fail to close and lock all windows, doors and trunk and the vehicle is stolen, damaged or vandalized. (4) fail to notify Zipcar immediately after an incident or loss. or (5) fail to pay any other amount due under this Contract.</p> <p> <br> Annual and monthly DFWs typically renew automatically. A Member's credit card will be automatically charged monthly or annually, depending upon the DFW selected, when due. DFWs are optional. Monthly DFWs may be opted-out of at any time from a Member's account page or by calling 1-866-4ZIPCAR. In order to change the type of DFW purchased (for example, to change from a monthly DFW to an annual DFW), Members must call 1-866-4ZIPCAR.</p> <p> <br> <strong>6. Third Party Liability</strong> </p> <p> <strong>6.1</strong> </p> <p> <br> Any active Zipcar Member in good standing who is authorized to operate a Zipcar vehicle under this Contract is, subject to the Member fulfilling their obligations as set out in this Contract, covered for third party bodily injury and for property damage costs relating to an accident in which the member was validly and legally operating a Zipcar vehicle and for which the Member may be legally liable. The amount of such third party liability varies depending upon the age and join date of the Member.</p> <p> <br> Members 21 years of age or older who joined the membership August 1, 2018 or later, and who are permitted to drive under this Contract, will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the authorized driver and/or the Member up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. Minimum financial responsibility limits vary by jurisdiction.</p> <p> <br> Members 21 years of age or older who joined the membership between March 1, 2015 and July 31, 2018, and who are permitted to drive under this Contract, will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the authorized driver and/or the Member up to limits of $100,000/$300,000/$25,000 per accident. This means $100,000 of coverage is the maximum payable for bodily injury per person, $300,000 of coverage is the maximum payable for bodily injuries for the entire accident and $25,000 of coverage is the maximum payable for property damage.</p> <p> <br> Members 21 years of age or older who joined the membership prior to March 1, 2015, and who are permitted to drive under this Contract, will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the authorized driver and/or the Member up to a combined single limit of $300,000 per accident.</p> <p> <br> Members under 21 years of age, and who are permitted to drive under this Contract will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the authorized driver and/or the Member up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. Minimum financial responsibility limits vary by jurisdiction.</p> <p> <br> Any member who violates the terms and conditions of this Contract will only be protected against liability for causing bodily injury or death to others or damaging the property of someone else other than the authorized driver and/or the member up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. Minimum financial responsibility limits vary by jurisdiction.</p> <p> <br> Where required by law, we provide Personal Injury Protection (PIP), or "no-fault" coverage, to the minimum level required by the jurisdiction in which the accident occurs, for injuries you may suffer in an accident. Members may also use their own health care coverage in case of injury and any personal injury coverage that the Member has available will be primary over any PIP or no fault coverage Zipcar may provide where allowed by law. To the extent permitted by law, Zipcar and each Member by entering into this membership agreement hereby affirmatively waives and rejects the inclusion of uninsured motorist, underinsured motorist coverage under this Contract and all optional vehicle insurance coverages under any policy of insurance or certificate of self-insurance in connection with this Contract, and each Member agrees that Zipcar is hereby authorized to sign any forms or acknowledgments on behalf of each Member rejecting such coverage. Uninsured coverage protects the Member and all other passengers in the Zipcar vehicle for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance or who has insufficient insurance to pay for losses and damages. If any such protection described above is imposed by operation of law, then the limits of such protection will be the minimum required for protection by the law of the jurisdiction in which the accident occurs. No coverage is provided for any use of a Zipcar vehicle by any unauthorized driver as defined by the terms of this Contract. provided, however, if such coverage is mandated by law, then the limits of such protection will be the minimum financial responsibility limits required by law in the jurisdiction where the accident occurs.</p> <p> <br> The third party liability provided by Zipcar does not relieve Members of their obligations with respect to the Damage Fee described in Section 5 of this Contract.</p> <p> <br> For clarification, any coverage provided under this Contract only applies when a Member in good standing is validly and legally operating a Zipcar vehicle.&nbsp;</p> <p> <strong>7.</strong> </p> <p> <br> <strong>Term and Termination</strong> </p> <p> <br> <strong>7.1</strong> </p> <p> <br> This Contract shall commence upon the acceptance by Zipcar of the Member's completed membership application and the payment by the Member of any applicable fees. The term of this Contract shall continue until such time as membership is canceled in accordance with this Section 7. A Member may terminate membership and all associate memberships upon one day prior notice by calling us at 1-866-4ZIPCAR. No monthly, annual, application, driving records/insurance verification or similar fee will be refunded in the event of termination by the Member, except as specifically provided in this Contract. In addition to the termination provisions set forth in Section 7.2 below, Zipcar may terminate this Contract at any time upon no less than thirty (30) days' notice to the Member, in which event Zipcar will, if applicable, refund a prorated portion of the Member's annual membership fee for the year of termination. With respect to any termination or cancellation of this Contract, the Member shall remain responsible for any fees, costs or expenses incurred prior to termination of this Contract.</p> <p> <br> <strong>7.2</strong> </p> <p> <br> Zipcar may also, upon notice to the Member or any Associate Member, immediately terminate this Contract if the Member or any Associate Member (a) fails to pay any sum due under this Contract, (b) fails to comply with any term or condition specified in the Contract or any Rules, (c) is involved in an incident with a Zipcar vehicle that, in Zipcar's reasonable sole discretion, renders the Member or Associate Member ineligible or inappropriate for continued membership, (d) engages in any activities or conduct that Zipcar, in its reasonable sole discretion, determines to be inappropriate, negligent, offensive, abusive or otherwise unacceptable. or (e) is not paying the Member's debts as such debts generally become due, becomes insolvent, files or has filed against the Member a petition (or other document) under any bankruptcy or insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition (or document), proposes any dissolution, liquidation, composition, financial reorganization or recapitalization with creditors, makes a general assignment or trust mortgage for the benefit of creditors, or if a receiver, trustee, custodian or similar agent is appointed or takes possession of any of the Member's property or business. No membership or other fees will be refunded in the event of termination pursuant to this Section 7.2.</p> <p> <br> <strong>7.3</strong> </p> <p> <br> Upon termination, all of the Member's and Associate Member's rights to use Zipcar's services and vehicles shall immediately terminate. The Member agrees to return immediately to Zipcar any vehicle or any other property of Zipcar that the Member has in the Member's possession, including, if requested, all Zipcards. Additionally, the Member shall be responsible for and agrees to pay any legal fees, court costs or expenses associated with enforcing the terms of this Contract, whether upon termination or otherwise (including, without limitation, any costs relating to recovering any of the foregoing property or any amounts due and owing to Zipcar).</p> <p> <br> <strong>8. Limitations of Liability</strong> </p> <p> <br> UNDER NO CIRCUMSTANCES WILL ZIPCAR BE LIABLE TO ANY MEMBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS CONTRACT OR USE OF THE ZIPCAR SERVICES. Without limiting the foregoing, Zipcar shall have no liability for any loss of, or damage to, any goods in or on the vehicle or in or on any third party vehicle, any loss, damage, injury or death in relation to any Member or any third party arising from the use of a Zipcar vehicle, loss or damage incurred by the Member as a result of any claims made by a third party, or loss or damage incurred by the Member arising from or in relation to either (i) the reservation, non-availability, supply, operation or use of a Zipcar vehicle or (ii) any vehicle accessories, whether supplied by Zipcar or by a Member (for example, luggage racks, bicycle racks, baby seats and the like. the Member is responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or failure to carry out our responsibility.</p> <p> <br> <strong>9.</strong> </p> <p> <br> <strong>Dispute Resolution by Binding Arbitration and Class Action Waiver</strong> </p> <p> <br> <strong>9.1</strong> </p> <p> <br> Pre-Dispute Resolution Procedure. Before asserting a claim in any proceeding (including in an individual arbitration or in a small claims proceeding), you and Zipcar agree that we shall give the other party written notice of the claim to be asserted 30 days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you are intending to assert a claim against Zipcar, you must send the written notice of the claim to Zipcar Legal Dept, 35 Thomson Place, Boston, MA 02110. If Zipcar is intending to assert a claim against you, we will send the written notice of the claim to you at your address appearing in our records. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE-DISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF).</p> <p> <br> <strong>9.2</strong> </p> <p> <br> Agreement to Arbitrate. Except as otherwise provided in section 9.8 of this dispute resolution provision, in the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, you and Zipcar agree to arbitrate all disputes and claims, including the interpretation and scope of this provision, and the arbitrability of the dispute or claim.</p> <p> <br> <strong>9.3</strong> </p> <p> <br> What is Arbitration. Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Under this dispute resolution provision, arbitrators can award the same individual relief affecting individual parties that a court can award, including damages and an award of attorneys’ fees, if the applicable law allows. BY AGREEING TO RESOLVE DISPUTES THROUGH ARBITRATION, YOU AND ZIPCAR AGREE TO EACH UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT.</p> <p> <br> <strong>9.4</strong> </p> <p> <br> Class Action Waiver. YOU AND ZIPCAR AGREE THAT ANY CLAIMS BROUGHT BY YOU OR ZIPCAR WILL BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND WILL NOT BE BROUGHT AS A CLASS, REPRESENTATIVE, COLLECTIVE OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. You and Zipcar agree to seek only such relief—whether in the form of damages, an injunction, or other non-monetary relief—as is necessary to resolve any individual injury that either you or Zipcar have suffered or may suffer. In particular, if either you or Zipcar seek non-monetary relief, such relief must be individualized and may not affect individuals or entities other than you or Zipcar. This requirement that claims be brought in binding arbitration only in an individual capacity and not as a representative, private attorney general, or class member (“Class Action Waiver”) is non-severable. If the Class Action Waiver is found to be unenforceable, then the entirety of this dispute resolution provision shall be null and void.</p> <p> <br> <strong>9.5</strong> </p> <p> <br> Applicable Law and Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. For more information on AAA, its rules and procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.</p> <p> <br> <strong>9.6</strong> </p> <p> <br> Hearings and Decisions. If you are an individual, arbitrations will proceed at a location that the arbitrator selects in the county of your primary residence unless you and Zipcar agree otherwise. If you are not an individual person (but are instead, for instance, a partnership, corporation, or other form of entity or non-natural person) (hereafter “Entity Member”), arbitrations shall proceed at a location that the arbitrator selects unless you and Zipcar agree otherwise.</p> <p> <br> Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction. Further, an arbitrator’s award and any judgment confirming it shall apply only to that specific case and cannot be used in any other case except to enforce the award itself.</p> <p> <br> <strong>9.7</strong> </p> <p> <br> Fees and Costs. If you are an individual (and not an Entity Member), in the event that (1) your claim is less than $10,000, and (2) you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Zipcar will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Zipcar also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration. However, Zipcar will not pay your share of the arbitration fees if the arbitrator finds that either your claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).</p> <p> <br> <strong>9.8</strong> </p> <p> <br> Small Claims, Personal Injury Claims and Vehicle Damage or Loss Claims. The following disputes and claims are exempt from Sections 9.2-9.7: (a) disputes and claims that are within the scope of a small claims court’s authority. (b) disputes and claims regarding personal injury and/or damage to or loss of a vehicle related to your Zipcar reservation. and (c) if you are an Entity Member, disputes over the validity of any party’s intellectual property rights.</p> <p> <br> <strong>9.9</strong> </p> <p> <br> Conflicts . In the event of any conflict between this dispute resolution provision and any other dispute resolution provision in any other agreement between you and Zipcar, the dispute resolution provision in this Contract shall govern.</p> <p> <br> <strong>9.10</strong> </p> <p> <br> Modification of this Provision. Notwithstanding any provision in these this Contract to the contrary, we agree that if Zipcar makes any material change to this arbitration provision, including the deletion of this provision, that change will not apply to any dispute that you had already provided Zipcar notice of in writing.</p> <p> <br> <strong>10.</strong> </p> <p> <br> <strong>Miscellaneous Provisions</strong> </p> <p> <br> <strong>10.1</strong> </p> <p> <br> By applying for membership and becoming a Zipcar Member, the Member represents and warrants to Zipcar that the Member has received all explanations as the Member may have reasonably requested concerning the content of this Contract, including all Schedules, and that the Member has carefully reviewed and understands the Member's commitments and obligations hereunder. The Member also represents that the Member has reviewed and understands the Zipcar Privacy Notice and acknowledges that any information shared by, or collected from or about, the Member may be used by Zipcar in accordance with the terms of the Privacy Notice as it may be amended from time to time.</p> <p> <br> <strong>10.2</strong> </p> <p> <br> The rights granted to the Member or Associate Members under this Contract are not assignable or transferable, in whole or in part. Any attempt to transfer this Contract without the written consent of Zipcar shall be void and of no force and effect. Zipcar may assign this Contract to an affiliate or to another entity in connection with a corporate transaction or otherwise.</p> <p> <br> <strong>10.3</strong> </p> <p> <br> No delay or omission by Zipcar to exercise any right or power occurring upon any noncompliance or default by the Member with respect to any of the terms of this Contract shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Zipcar of any covenant, condition, or agreement to be performed by the Member shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Contract shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.</p> <p> <br> <strong>10.4</strong> </p> <p> <br> If any term, provision, covenant or condition of this Contract is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Contract had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.</p> <p> <br> <strong>10.5</strong> </p> <p> <br> This Contract is governed by the laws in force in the Commonwealth of Massachusetts and shall be interpreted according to the internal laws of such Commonwealth, without reference to its conflicts of laws or choice of law rules. All disputes hereunder shall be resolved solely in the applicable state or federal courts of Massachusetts. The parties hereby consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.</p> <p> <br> <strong>10.6</strong> </p> <p> <br> Any legal notices or communication required or permitted to be given to the Member shall be in writing and shall be sufficiently given if delivered by email or mailed to the Member at the email or postage address provided to Zipcar in the Member's completed application or as updated by the Member and on file with Zipcar. Any legal notices or communication required or permitted to be given to Zipcar shall be in writing and shall be sufficiently given if delivered via email or mailed as follows:</p> <p>Zipcar, Inc.<br> Attention: Legal Department<br> 35 Thomson Place<br> Boston, MA 02210<br> Email address for Legal notices only: legal@zipcar.com</p> <p> <br> The schedules constitute an integral part of this Contract:</p> <p> <br> <strong>Schedule 1: &nbsp;Rules of Vehicle Use</strong> </p> <p> <br> Effective: January 1, 2017</p> <p> <br> In addition to the Rules and obligations set forth in the Zipcar Contract, Members are required to take careful note of, and abide by, the Rules set forth in this Schedule. All applicants for membership with Zipcar should read and understand these Rules before they apply and before they pay any applicable driving record/insurance verification, application and/or membership fees. By becoming a Member or continuing to be a Member, you are deemed to have accepted and agreed to abide by all of the following Rules and these Rules shall also be deemed to apply to all Associate Members. Capitalized terms used in this Schedule shall have the same meaning assigned to such terms in the Contract.</p> <p> <br> <strong>1. Persons Permitted to Use Vehicles</strong> </p> <p> <br> Only properly licensed active Zipcar Members in good standing are allowed to drive Zipcar vehicles. Non-Members are expressly prohibited from driving a Zipcar vehicle at any time. Members may drive a Zipcar vehicle that has been reserved by another Zipcar Member. however all fees and charges, and the application of any DFWs, shall be determined in accordance with, and be the responsibility of, the reserving Member.</p> <p>University Members (Members who are students at school that has contracted with Zipcar for our services) under the age of 21 may only drive vehicles located on their campus and at other locations agreed to and designated by Zipcar and their school.</p> <p> <br> <strong>2.</strong> </p> <p> <strong>Prohibited Uses</strong> </p> <p> <br> <strong>2.1 </strong>&nbsp;Unless otherwise approved by Zipcar, the use of a Zipcar vehicle under the following conditions is prohibited:<br> a. &nbsp;any driving test or similar classes;<br> b. &nbsp;any speed race or competition;<br> c. &nbsp;for the purpose of towing, pushing, or propelling any trailer or any other vehicle;<br> d. &nbsp;for the primary business purpose of transporting people or operating a taxi service;<br> e. &nbsp;by any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended;<br> f. &nbsp;in the carrying out of any crime or for any other illegal activity or purpose;<br> g. &nbsp;in an imprudent, negligent, or abusive manner or any other abnormal use of a vehicle;<br> h. &nbsp;by any person who has provided Zipcar with false information or whose representations are determined to be false (including, without limitation, regarding his/her name, age, or address);<br> i. &nbsp;driving a Zipcar vehicle from the US into Mexico or any use of a Zipcar vehicle in Mexico;<br> j. &nbsp;carrying a number of passengers that exceeds the designed seating capacity of the vehicle or baggage or other items that would cause the vehicle to be overloaded;<br> k. &nbsp;carrying or transporting any hazardous, toxic, flammable, dangerous or illegal materials;<br> l. &nbsp;driving while using a mobile communication device that may distract you from driving, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law. or<br> m. &nbsp;use of snow or tire chains.</p> <p> <br> The foregoing examples are not intended to be exhaustive. Any unreasonable or inappropriate use of a Zipcar vehicle, as determined by Zipcar in its sole discretion, may be deemed a violation of these Rules. Without limiting the foregoing, Members must always use Zipcar vehicles in accordance with all highway and other applicable laws and regulations. Zipcar may report to the authorities any use of a Zipcar vehicle or other activities that are in violation of law.</p> <p> <br> Zipcar may immediately suspend or terminate the use of its service by any Member for a violation of any of these Rules. Upon suspension or termination, any existing reservations for the Member or Associate Members (as the case may be) may be canceled by Zipcar at its sole discretion. In addition, Members will be responsible for any and all costs, charges, fees and expenses incurred by Zipcar as a result of a breach of any of these Rules.</p> <p> <br> <strong>3.</strong> </p> <p> <strong>Reserving Zipcar Vehicles</strong> </p> <p> <strong>3.1 &nbsp;</strong> </p> <p>Members must always reserve a Zipcar vehicle in advance of use and will typically be billed for usage fees at the time of booking your reservation. The minimum period for which a Zipcar vehicle may be reserved is one hour or thirty minutes in certain circumstances. If the Zipcar vehicle is available, a reservation may be extended in half-hour increments thereafter as provided in Section 3.2 below. Use of a vehicle for a period of longer than seven consecutive days may be authorized at Zipcar's discretion and must be arranged with a Zipcar representative. Consecutive (back to back) reservations in the same Zipcar vehicle will be treated as a single reservation with continuous usage and will be billed accordingly.</p> <p> <strong>3.2 &nbsp;</strong>If you wish to cancel a reservation or shorten the period for which a vehicle has been reserved, (a) for a reservation of less than eight hours, you must do so at least three hours before the scheduled start of the reservation and (b) for reservations of 8 hours or more, you must do so at least 24 hours before the scheduled start of the reservation. If you cancel or shorten a reservation outside of the applicable window, you may be subject to certain change or cancellation fees, as further described in the Fee Policy. If you wish to extend a reservation, you may do so only if (i) the vehicle is available for use for the extension period (for example, it is not reserved by another Member), (ii) the request to extend is completed prior to the scheduled expiration time of your existing reservation and (iii) you have sufficient credit/funds available on the credit/debit card used to make the reservation to pay for the extension.</p> <p> <strong>3.3 &nbsp;</strong>You will be charged a $3.50 agent reservation charge per call when a Zipcar member services representative makes, extends, updates or cancels a reservation for you. There is no agent reservation charge when you make, extend, update or cancel reservations yourself by website, smartphone or through our automated phone system (please note that an extension made through SMS service shall not be valid until the Member receives confirmation of the extension from Zipcar by SMS). This charge does not apply to (a) reservations of four consecutive days or more made in accordance with Section 3.1 above or (b) as provided in the Services for Disabled Members Schedule, if you are disabled and your disability prevents you from using the website, smartphone or the automated phone system, and you identify yourself as disabled.</p> <p> <strong>4.</strong> </p> <p> <strong>Vehicle Pick-up and Return/Vehicle Condition/Stolen Vehicles/Belongings and Lost Property</strong> </p> <p> <strong>4.1 </strong>&nbsp;You must pick up the selected vehicle at its designated Zipcar vehicle parking space and return it secured (via Zipcard or the Zipcar mobile app), clean, with at least a quarter tank of fuel, and in good working order, to the correct and designated Zipcar vehicle space by no later than the end time of your reservation. If the vehicle is available you may, at no additional charge, scan in to take possession of the Zipcar vehicle up to 14 minutes before your reservation start time. you will be charged in thirty (30) minute increments if you scan in more than 14 minutes in advance. Please note, however, that scanning into the vehicle prior to the scheduled reservation start time may cause promotional (for example, Overnight) discount pricing to no longer apply and regular rates may instead apply to your reservation.</p> <p> <strong>4.2 </strong>&nbsp;Prior to taking possession of a vehicle, you must do an exterior walk-around and an interior look-over. Before driving the vehicle, you must advise Zipcar of any damage or abnormality encountered on the vehicle or in the operation of the vehicle. Without limiting the foregoing, you should report to Zipcar any warning lights that stay on after the ignition is engaged, any indication of leaking fluids near the vehicle, any cracks or chips in the windshield, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors, any other condition that may render the vehicle unsafe to operate.</p> <p> <br> If Zipcar is not notified of a problem at the start of a reservation, you will be deemed to be responsible for any problem with the vehicle discovered or reported after your reservation, including, without limitation, damage to the vehicle, lack of cleanliness or low fuel. You may be charged the Damage Fee, a cleaning fee, low fuel fee or other applicable fees, and Zipcar may suspend, or may even terminate, your membership.</p> <p> <br> <strong>4.3 </strong>&nbsp;The key, key fob or other starting device to the vehicle must remain in the vehicle and/or be returned to its designated position within the vehicle at the conclusion of the reservation. The vehicle must be locked (using your Zipcard or a Zipcar mobile application) at all times when it is not in use during your reservation. You must advise Zipcar immediately if you fail to leave the key/fob/starting device, fuel card or parking pass (if applicable) in the vehicle. You will be charged additional rates or fees for the vehicle until the key/fob/starting device is returned and you will remain responsible for the vehicle during such period. Additional information about fees may be found in our Fee Policy.</p> <p> <strong>4.4 </strong>&nbsp;Reserving Members are responsible for all charges and costs incurred related to the Zipcar vehicle for the entire period of the reservation and until the vehicle is returned secured, closed, locked and serviceable (all accessories off, key out of ignition and in proper place, all windows, doors, hatches, sunroofs and other openings closed, fuel card, parking pass and other accessories in the vehicle) to its designated location. Zipcar vehicles must be returned no later than the end time of the reservation and the Member is required to scan out of the vehicle. The Member will be billed for the full amount of the reservation time period, even if the vehicle is returned early. Should a vehicle be returned late, the reserving Member will be responsible for late fees as described in the Fee Policy.</p> <p> <strong>4.5 </strong>&nbsp;Stolen vehicles must be immediately reported and the Zipcard must be immediately returned to Zipcar as proof that Member had the Zipcard secured when the vehicle was stolen.</p> <p> <strong>4.6 </strong>&nbsp;Members must check that they have not left any belongings in the Zipcar vehicle. Zipcar shall not be held liable for any belongings left in a vehicle or stolen from a vehicle, and the Member agrees not to hold Zipcar responsible for any such belongings, whether of the Member or any third party.</p> <p> <strong>4.7 </strong>&nbsp;For electric powered vehicles, Members are also required to plug-in the vehicle to the vehicle's charging station at the end of the reservation. Failure to do so may result in additional fees as described in the Fee Policy.</p> <p> <strong>5.</strong> </p> <p> <br> <strong>Refueling and Eligible Expenses</strong> </p> <p> <br> <strong>5.1 </strong>&nbsp;When you use a Zipcar vehicle, Zipcar is responsible for the cost of fuel (subject to mileage overage fees that may apply to a reservation), but Members are required to fill up gas/diesel powered Zipcar vehicles if the fuel tank drops below one quarter of a tank. We provide you a fuel card for this purpose. If the fuel card is missing or not functioning, Zipcar will reimburse you for the actual cost of fuel if you pay for it yourself in accordance with Section 5.2 below. Members must, when returning the vehicle, ensure that the tank is at least one quarter full. you will be charged a fee in accordance with the Fee Policy if the vehicle is returned with less than one quarter of a tank of fuel. Zipcar fuel cards may only be used to fuel Zipcar vehicles and, as provided below, for cleaning the exterior and/or interior of the vehicle, and may not be used for any other purpose. Members must ensure that they use the correct fuel when refueling the vehicle (gasoline or diesel). Fuel decontamination costs and any other damage or costs (including road side assistance or recovery) arising from the use of the incorrect fuel are not limited to the Damage Fee and are not covered by Zipcar's insurance or a DFW.</p> <p> <strong>5.2</strong> &nbsp;An "Eligible Expense" is defined as (a) an expense incurred by the Member for minor (under $50) routine maintenance on Zipcar vehicles, such as new wiper blades, light bulbs, or windshield-washer fluid, (b) the cost of fuel when the fuel card is missing or not functioning and (c) any other expense that is authorized in advance by a Zipcar Representative. If you pay for an Eligible Expense, you must keep the actual receipt reflecting the item or service purchased and the date and time of purchase (which must be during your reservation), and note on it the odometer reading at the time of the purchase. Please print your name on the receipt, e-mail it to support@zipcar.com and subject to our approval, we will credit such amount to the credit/debit card you have on file for the applicable reservation. No credit or refund will be given without a receipt, or if the receipt is submitted 30 days or more after the reservation date.</p> <p> <strong>6.</strong> </p> <p> <br> <strong>Maintenance/Cleanliness</strong> </p> <p> <strong>6.1</strong> &nbsp;Zipcar will perform all necessary and required routine maintenance on all of its vehicles. However, Members are responsible for the cleanliness of vehicles and we expect Members to assist in helping us to maintain the driving safety and performance of the vehicle, in particular during longer reservations or when the vehicle indicates that service or maintenance is required, by calling 1-866-4ZIPCAR.</p> <p> <strong>6.2 </strong>&nbsp;A typical noises or driving feel, including but not limited to warning lamps, indicators, inappropriate or strange engine or other mechanical sounds, performance changes or unusual driving feel, must be reported to Zipcar as soon as noted. Failure to report such irregularities during the use of a Zipcar vehicle may result in the Member's immediate suspension or termination of membership as well as the Member being responsible for any damages resulting from the continued use of the vehicle despite such irregularities. Such damages are not limited to the Damage Fee and are not covered by Zipcar's insurance or a DFW.</p> <p> <strong>6.3 </strong>&nbsp;Vehicles may require Roadside Assistance from time to time. Zipcar provides Roadside Assistance support as part of our service, and Members are typically required to stay with the vehicle. If, however, a Member's need for Roadside Assistance results from a breach of this Contract or a violation of Zipcar Rules, the Member may be charged for the costs of the service.</p> <p> <br> <strong>7.</strong> </p> <p> <strong>Breakdown or Incidents</strong> </p> <p> <br> <strong>7.1 </strong>All breakdowns, accidents or similar incidents involving Zipcar vehicles must be reported to Zipcar immediately by phone to 1-866-4ZIPCAR.</p> <p> <strong>7.2 </strong>&nbsp;Breakdown and Roadside Assistance. When using a vehicle, you must follow the owner manual's instructions. If a problem arises that prevents or limits the use of the vehicle or that may compromise safety, you must immediately notify Zipcar and follow Zipcar's instructions. In some instances, members may be required to pay for towing, repairs, and other expenses, if authorized by a Zipcar Representative (in which case these amounts will be considered Eligible Expenses reimbursable as provided in Section 5.2). In any case, Members may be responsible for additional fees if they abandon a vehicle without Zipcar authorization.</p> <p> <strong>7.3 </strong>&nbsp;Jump start. If you perform a jump start to the Zipcar vehicle, you must inform Zipcar immediately. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any vehicle other than a Zipcar vehicle.</p> <p> <strong>7.4 </strong>&nbsp;Incidents. In case of an incident involving property damage or any third party, the Member must fill out an official police report form, and, if possible, provide a jointly agreed-upon statement, complete Zipcar's incident report form, and obtain the following information:<br> a.Date, time, and place of incident;<br> b.The license plate numbers of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate's number (with name, address and phone number of the insurance agent);<br> c.The names, addresses, and driver's license numbers of the persons involved in the incident;<br> d.The name, address, and driver's license number of the owner of the car (if he or she is not the driver);<br> e.The name, addresses, and phone number of witnesses, passengers, and any other involved persons;<br> f.Circumstances of the incident. and<br> g.A police report is required regardless of liability or fault.</p> <p> <strong>7.5 </strong>&nbsp;Investigation and procedure. Members must provide to Zipcar and any other claims adjustment service the findings of any report or any notice relating to a claim or a lawsuit against Zipcar regarding any incident involving a Zipcar vehicle. Members agree to cooperate fully with Zipcar in the investigation and defense of any such claim or lawsuit. A Member's account will be suspended until the investigation has been concluded.</p> <p> <strong>7.6 &nbsp;</strong>The Member shall be responsible for the costs related to the repair, recovery, and loss of use of any Zipcar vehicle and all third party injuries and property damages resulting from any of the foregoing, up to the current Damage Fee as set forth in the Rate Schedule (except to the extent a DFW has been purchased). Estimates for any costs will be available to the Member for review and costs may be assessed in advance of repair. Please note that, as provided in Section 5.1 of the Contract, a Member may be responsible for all applicable damages and costs arising from the Member's failure to comply with the terms of the Contract.</p> <p> <strong>8.</strong> </p> <p> <strong>Traffic Violations</strong> </p> <p> <br> <strong>8.1 </strong>You are responsible for any traffic violations incurred during your reservation or as a result of your use of a Zipcar vehicle. These include, but are not limited to parking, speeding, red light, photo enforcement, and toll violations. You are liable for all penalties/fees from any such violation, including fines for late payment and any processing penalties/fees added by the issuing municipality. You are liable for payment of all tolls and any fines for toll evasion. Wherever possible it is the Member's responsibility to pay the relevant authorities directly. Zipcar may impose a fee of $30 in connection with processing any such violations. You must report such violations to a Zipcar Representative as soon as possible within the prescribed deadline for the violation (for example, if the case is being taken to court). See our Fee Policy for other charges that may apply to violations.</p> <p> <strong>8.2 &nbsp;</strong>You must notify Zipcar of any traffic violation notices found on a vehicle at the time of pickup of the vehicle. All unreported traffic violations will be the responsibility of a Member if they occur during the time period during which such Member is using or responsible for the Zipcar vehicle.</p> <p> <strong>8.3 &nbsp;</strong>At the end of your reservation, you must not leave a vehicle in a zone which has parking restrictions. If you leave the vehicle in such a restricted zone, you must immediately notify Zipcar, and you will be responsible for any and all violation notices or towing charges incurred by Zipcar.</p> <p> <strong>8.4 </strong>&nbsp;Where a violation, incurred during the Member's Reservation Period or after it as a result of failure to adhere to driving, vehicle, traffic or parking regulations, is sent directly to Zipcar, you agree that Zipcar will pay the penalty/fee on behalf of the Member and add the penalty/fee to the Member's account. Zipcar may transfer liability for the penalty/fee to the Member in which case the Member would be wholly responsible for all correspondence with the appropriate authority and any penalties/fees due. Any right to contest, appeal, or transfer liability, on any driving, vehicle, traffic or parking charge issued by any authority or body belongs to Zipcar and will be at Zipcar's absolute discretion. In the case of speeding notices, Zipcar may pass on the offending Member's details to the police or other authorities.</p> <p> <strong>9. &nbsp;Access Card/Unlocking of the Vehicle by Zipcar</strong> </p> <p> <br> Members must carry their Zipcard when using Zipcar vehicles and use it or a smartphone to lock and unlock Zipcar vehicles. Vehicle-rental/hire companies, service stations, and other businesses that have relationships with Zipcar may require Zipcar Members to present their Zipcard to receive services. Zipcar will not remotely unlock or lock a vehicle for a Member who has forgotten or lost his/her Zipcard.</p> <p> <br> <strong>10. &nbsp;Smoking and Pets</strong> </p> <p> <br> Smoking is absolutely prohibited in Zipcar vehicles. Pets are too, unless they are transported in locked pet carriers. Members are subject to fees if evidence of smoking or pets is found in Zipcar vehicles. Assistance animals are allowed in the car without being in locked pet carriers in accordance with our Services for Disabled Members Schedule. In these instances, a Member will not be charged for regular cleaning costs (i.e., ordinary shedding), but will be responsible for all costs associated with any damage caused by an assistance animal.</p> <p> <br> <strong>Schedule 2: Fee Policy</strong> </p> <p> <br> Effective: January 1, 2017</p> <p> <br> By joining Zipcar, the Member agrees to pay Zipcar the costs, charges, fees and expenses set out in the Contract, including specifically and without limitation those set forth in this Schedule. The following is not exhaustive and other specific fees, costs and charges may apply. The parties agree that these charges are a genuine estimate of the costs that are likely to be incurred by Zipcar in the event of the Member taking any of the actions described herein. Capitalized terms used in this Schedule shall have the same meaning assigned to such terms in the Contract.</p> <p> <br> <strong>1. </strong>Returning a vehicle late (in addition to the per hour fees for use of the vehicle):</p> <p> <br> $50 ($35 CAD) per late hour or any part thereof, up to a maximum of $150 ($105 CAD) per late return.</p> <p> <br> 2. &nbsp;Charges for canceled or shortened reservations:<br> a. &nbsp;All charges will be canceled or refunded for a reservation (i) of less than 8 hours canceled or changed 3 hours or more before the reservation was scheduled to begin or (ii) 8 hours or longer canceled or shortened 24 hours or more before the reservation is scheduled to begin.<br> b. &nbsp;For a reservation of less than 8 hours canceled, if you cancel or shorten it less than 3 hours before it is scheduled to begin, you will be obligated to pay for the entire amount of the original reservation (a portion of which may appear on your invoice as a cancellation or change fee and a portion of which may appear as usage fees).<br> c. &nbsp;For a reservation 8 hours or longer, if you cancel less than 24 hours before it is scheduled to start, you will be obligated to pay for the full amount of the reservation, up to a maximum amount of one daily rate (a portion of which may appear on your invoice as a cancellation or change fee and a portion of which may appear as usage fees).<br> d. For a reservation 8 hours or longer, if you shorten the reservation less than 24 hours before it is scheduled to start, you will be obligated to pay for actual usage plus a cancellation or change fee equal to the remaining portion of the original reservation, with the cancellation/change fee capped at one daily rate (a portion of which may appear on your invoice as a cancellation or change fee and a portion of which may appear as usage fees).<br> e. In addition, Members will be charged a $3.50 Agent Reservation Charge for reservations, extensions or cancelations which are made by a Member Services representative and not through the web site, smartphone or our automated phone system, except as provided in the Services for Disabled Members Schedule.</p> <p> <br> 3. &nbsp;Damage Fee:<br> If you are involved in an incident you will be charged up to the maximum amount of your Damage Fee unless you have purchased a DFW. The Damage Fee is subject to change at Zipcar's discretion. Please see the Rate Schedule applicable to your driving plan for your current maximum Damage Fee. Please note that, as provided in Section 5.1 of the Contract, a Member may be responsible for all applicable damages and costs, including those in excess of the applicable Damage Fee, arising from the Member's failure to comply with the terms of the Contract.</p> <p> <br> 4. &nbsp;General Fee:<br> For any violation of Zipcar Rules, Members may be charged a general fee of up to $150 ($165 CAD) per violation. In addition, the Member may be charged for any internal or external costs incurred by Zipcar (including all repair and recovery costs, loss of use costs, legal fees, including, without limitation, attorneys' fees) (a) anytime a visit to the vehicle is required as a result of Rules violation or otherwise as the result of actions of the Member or (b) for any other failure by a Member to comply with any provision of the Contract or the Rules, other than those Rules for which a specific fee or charge is specifically provided in the Contract. Without limiting the generality of the foregoing, you will be charged a fee for any oversight, omission, or negligence on your part that inconveniences Zipcar or other Members, such as returning a vehicle with less than a quarter tank of gas, returning a vehicle in a condition that requires additional cleaning, failing to return or losing the keys to a vehicle, failing to turn off a vehicle's headlights, failing to plug in an electric-powered vehicle at the end of reservation, causing or permitting damage to a vehicle which requires repair or cleaning of such vehicle (internal or external), returning a vehicle to the wrong place or leaving the car in a restricted parking zone, not paying a parking ticket, failing to advise Zipcar immediately of any theft, vandalism or damage relating to the vehicle, etc. Members charged for such costs shall be entitled to an itemized list of charges. Members may be charged for estimated costs pending final repair.</p> <p> <br> <strong>Schedule 3: Membership and Driving Rates</strong> </p> <p> <br> See zipcar.com/pricing&nbsp;</p> <p> <br> <strong>Schedule 4: Services for Members with Disabilities</strong> </p> <p> <br> Capitalized terms used in this Schedule shall have the same meaning assigned to such terms in the Contract.<br> <strong>1.</strong> </p> <p> <br> <strong>Disabled Hand Control Policy</strong> <br> &nbsp;</p> <p> <strong>1.1</strong> <br> Advance Notice of Desired Use of Hand Controls – Generally, in major metropolitan markets, we request 72 hours’ advance notice to make a vehicle equipped with hand controls available, but we will try to accommodate members in these markets within 48 hours, if not sooner. If that market has a dedicated vehicle already equipped with hand controls, we will make that designated vehicle available within 24 hours, subject to availability. In other markets, we may need more advance notice. The advance notice assists Zipcar staff in accommodating these requests. Notice must be given by phone to a live representative at the local office or at 1-866-4ZIPCAR (voice mails are not acceptable). As with all reservations, requests for vehicles with hand controls are subject to vehicle availability, and not all vehicles can be equipped with hand controls.</p> <p> <br> <strong>2.</strong> </p> <p> <br> <strong>Service Animals</strong> </p> <p> <br> <strong>2.1</strong> </p> <p> <br> Assistance animals are an exception to Zipcar's Rule requiring that pets be transported in locked pet carriers.</p> <p> <br> <strong>2.2</strong> </p> <p> <br> If a Member or the Member's passenger are disabled and need to bring an assistance animal on a journey, the Member will not be charged for regular cleaning costs (i.e., ordinary shedding.) However, the Member will still be responsible for all costs associated with any damage caused by an assistance animal.</p> <p> <br> <strong>3.</strong> </p> <p> <br> <strong>Agent Assistance Fees</strong> </p> <p> <br> <strong>3.1</strong> </p> <p> <br> If a Member is disabled and such disability prevents the Member from using our web sites or automated phone system to make a reservation, and the Member identifies him or herself as disabled, we will not charge the $3.50 agent reservation charge for any reservations made, extended or canceled by an agent.</p> <p> <br> <strong>4.</strong> </p> <p> <br> <strong>Additional Drivers</strong> </p> <p> <br> <strong>4.1</strong> </p> <p> <br> Zipcar Members with disabilities have the option of opening a "household account" if their disabilities prevent them from driving and they wish to have another person drive for them. Zipcar will annually credit the fees normally associated with adding or retaining additional drivers as long as each person is listed in the first or second position at the time the disabled Member's account is created. Any further additional drivers listed on the household account will be subject to normal membership and annual fees. Zipcar will address exceptions to this policy on a case-by-case basis.<br> Additional drivers can only be added to the credited driver slots on the annual anniversary date of the Member's account being created or they will be subject to any applicable fees. The disabled Member may remove an additional driver from the "household account" at no charge at anytime.</p>




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