Rules of Vehicle Use
Effective: January 1, 2017
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.
1. Persons Permitted to Use Vehicles
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.
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.
2. Prohibited Uses
2.1 Unless otherwise approved by Zipcar, the use of a Zipcar vehicle under the following conditions is prohibited:
a. any driving test or similar classes;
b.cany speed race or competition;
c. for the purpose of towing, pushing, or propelling any trailer or any other vehicle;
d. for the primary business purpose of transporting people or operating a taxi service;
e. 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;
f. in the carrying out of any crime or for any other illegal activity or purpose;
g. in an imprudent, negligent, or abusive manner or any other abnormal use of a vehicle;
h. 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);
i. driving a Zipcar vehicle from the US into Mexico or any use of a Zipcar vehicle in Mexico;
j. 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;
k. carrying or transporting any hazardous, toxic, flammable, dangerous or illegal materials;
l. 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
m. use of snow or tire chains.
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.
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.
3. Reserving Zipcar Vehicles
3.1 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.
3.2 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.
3.3 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.
4. Vehicle Pick-up and Return/Vehicle Condition/Stolen Vehicles/Belongings and Lost Property
4.1 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.
4.2 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.
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.
4.3 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.
4.4 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.
4.5 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.
4.6 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.
4.7 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.
5. Refueling and Eligible Expenses
5.1 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.
5.2 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 firstname.lastname@example.org 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.
6.1 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.
6.2 Atypical 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.
6.3 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.
7. Breakdown or Incidents
7.1 All breakdowns, accidents or similar incidents involving Zipcar vehicles must be reported to Zipcar immediately by phone to 1-866-4ZIPCAR.
7.2 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.
7.3 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.
7.4 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:
a. Date, time, and place of incident;
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);
c. The names, addresses, and driver's license numbers of the persons involved in the incident;
d. The name, address, and driver's license number of the owner of the car (if he or she is not the driver);
e. The name, addresses, and phone number of witnesses, passengers, and any other involved persons;
f. Circumstances of the incident; and
g. A police report is required regardless of liability or fault.
7.5 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.
7.6 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.
8. Traffic Violations
8.1 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.
8.2 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.
8.3 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.
8.4 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.
9. Access Card/Unlocking of the Vehicle by Zipcar
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.
10. Smoking and Pets
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.