Rules of Vehicle Use

In addition to the Rules and obligations set forth in the Contract, Members are required to take careful note of, and abide by, the Rules set forth in this Schedule. All applicants for membership should read and understand these Rules before they apply and before they pay any applicable application and/or membership fees. By becoming a Member, your 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 active Zipcar Members in good standing are allowed to drive Zipcar vehicles. Non-Members are expressly prohibited from driving a Zipcar at any time. Members may drive a Zipcar 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.

Members under the age of 21 can only drive vehicles if their school has contracted with Zipcar for our services and 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 The use of a Zipcar vehicle under the following conditions is prohibited:

1. any speed race or competition;
2. for the purpose of towing, pushing, or propelling any trailer or any other vehicle;
3. for the primary business purpose of transporting people or operating a taxi service;
4. 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;
5. in the carrying out of any crime or any other illegal activity;
6. in an imprudent, negligent, or abusive manner or for any abnormal use of this vehicle;
7. by any person who has provided Zipcar with false information or whose representations are determined to be false (including, without limitation, regarding his name, age, or address);
8. driving a Zipcar vehicle from the US into Canada without a valid insurance card (please note, however, that Canadian residents and citizens are also prohibited by Canadian customs from driving a Zipcar vehicle with US license plates into Canada from the US);
9. driving a Zipcar vehicle from the US into Mexico or any use of a Zipcar vehicle in Mexico; or
10. driving while texting, emailing, using a cell phone without a hands-free device, otherwise using a mobile communication device that may distract you from driving or otherwise engaging in similar activities that may be prohibited by applicable law.

The foregoing examples are not intended to be exhaustive. Any unreasonable or inappropriate use of a Zipcar, as determined by Zipcar in its sole discretion, may be deemed a violation of these Rules. Zipcar may report to the authorities any use of a Zipcar vehicle or other activities that are in violation of local, state, provincial and/or federal 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 Zipcars

3.1 Reservations are required. Members must always reserve a vehicle in advance of use and will be billed for use fees at the time of reservation. The minimum period for which a vehicle can be reserved is one hour. A vehicle reservation can be extended in half-hour increments thereafter. Use of a vehicle for a period of longer than seven days contiguously may be arranged at Zipcar's discretion only with a Zipcar representative.

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 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) and (ii) the request to extend is completed prior to the scheduled expiration time of your existing reservation.

3.3 You will be charged a $3.50 agent reservation charge per call when a member services representative makes, extends or cancels a reservation for you. There is no agent reservation charge when you make, extend, shorten or cancel reservations yourself by website, smartphone or through our automated phone system. This charge does not apply to (a) reservations of four contiguous 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

4.1 You must pick up the selected vehicle at its designated Zipcar parking space and return it secured, clean, with at least a quarter tank of gas, and in good working order, to the correct and designated Zipcar 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. 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, in its designated position at all times. You must advise Zipcar immediately if you fail to leave the key/fob/starting device, gas card or parking pass (if applicable) in the vehicle. You will be charged the hourly rate for the vehicle until the key/fob/starting device is returned and you will remain responsible for the vehicle during such period. You may also be charged a fee to replace any of the items missing from the vehicle.

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, gas 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 Members are required to report to Zipcar immediately any condition that renders the vehicle unserviceable, such as poor driving feel or external or internal damage that renders the vehicle unsafe, including but not limited to, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors and windshield glass.

4.6 Stolen vehicles must be immediately reported and Zipcard must be immediately returned to Zipcar as proof that Member had the Zipcard secured when vehicle was stolen.

5. Refueling and Eligible Expenses

5.1 When you use a Zipcar vehicle, Zipcar is responsible for the cost of fuel, but Members should fill up the Zipcar if the fuel tank drops below one quarter of a tank and we provide you a gas card for this purpose. Members must, when returning the vehicle, ensure that the tank is at least one quarter full and 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 gas. Zipcar gas cards may only be used to fuel Zipcar vehicles and may not be used for any other purpose.

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 fuel, new wiper blades, light bulbs, or windshield-washer fluid and (b) any expense in excess of $50 that is authorized in advance by a Zipcar Representative. If you pay for an Eligible Expense, you must keep the receipt and note on it the odometer reading at the time of the purchase, which must be during your reservation period. Please print your name on the receipt and fax (617.995.4300) or mail the receipt to us within thirty (30) days of your reservation and we will deduct it from your bill. No credit will be given without a receipt, or if the receipt is submitted 30 days or more from the reservation date.

6. Maintenance/Cleanliness

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.

6.1 Members must be responsive to all warning lights, chimes and other indicators and alerts. While Zipcar will take the cars in for regular servicing, Members are expected to assist in routine maintenance (such as by checking fluid levels, filling the windshield washer fluid, and cleaning the exterior/interior of the vehicle (Zipcar will reimburse you for up to $15 for washing the vehicle) and windows as needed), and to make, or have made, minor repairs to help ensure that the vehicle is safe for use (for example, by changing wiper blades and light bulbs while the vehicle is in your possession). The cost of such minor maintenance and repairs will generally be considered Eligible Expenses reimbursable in accordance with Section 5 above.

6.2 Vehicles may require Roadside Assistance from time to time. Zipcar provides Roadside Assistance support, as part of our service. If, however, a Member's need for Roadside Assistance results from a breach of this your Contract or a violation of Zipcar Rules, the Member may be charged for the costs of the service.

6.3 Inappropriate noises or driving feel, including but not limited to warning lamps, indicators, inappropriate 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 such Member's immediate suspension or termination of the Member's Contract.

7. Breakdown or Incidents

7.1 All breakdowns or 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's manual's instructions. If a problem arises that prevents or limits the use of the vehicle or that may compromise people's safety, you must immediately notify Zipcar and follow Zipcar's instructions. Members may 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), or, if approved by Zipcar's Representative, you may charge them to Zipcar's account.

7.3 Jump start. If you perform a jump start to the Zipcar vehicle, you must inform Zipcar immediately or upon returning the vehicle at the end of your reservation. 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 Incident. 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:

1. Date, time, and place of incident;
2. 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);
3. The names, addresses, and driver's license numbers of the persons involved in the incident;
4. The name, address, and driver's license number of the owner of the car (if he or she is not the driver);
5. The name, addresses, and phone number of witnesses, passengers, and any other involved persons;
6. Circumstances of the incident; and
7. 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 with 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 accounts 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 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), if such costs are determined to be the fault of the Member or fault is not established to any other person or entity. 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 the 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 due to your use of a Zipcar vehicle. This includes, but is not limited to: parking, speeding, red light, photo enforcement, and toll violations. You are liable for all costs from any such violation, including fines for late payment and any processing fees added by the issuing municipality. You are liable for payment of all tolls and any fines for toll evasion. 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.

8.2 You must notify Zipcar of any traffic violation notices found on a vehicle at the time of vehicle pick up. All unreported traffic violations will be the responsibility of a Member if they occur during the time period during which such Member is 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.

9. Access Card

9.1 Members must carry their Zipcard when using Zipcar vehicles and use it to lock and unlock Zipcar vehicles. Vehicle-rental companies, service stations, and other businesses that have relationships with Zipcar may require Zipcar Members to present their Zipcard to receive services.

10. Other

Smoking is absolutely prohibited in Zipcars. Pets are too, unless they are transported in locked pet carriers; provided, however, that assistance animals are allowed in the car without being in locked pet carriers in accordance with our Services for Disabled Members Schedule. Members are subject to fees if evidence of smoking or pets is found in Zipcar vehicles.