Zipcar Membership Contract
Contract Last Revised: March 2014
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.
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.
If you have any questions regarding this Contract, please contact us via email at firstname.lastname@example.org or by telephone at 1-866-4ZIPCAR.
Zipcar reserves the right to change the terms of this Contract, including the associated Schedules, from time to time. We will give notice of changes to Members in a timely manner. 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 newsletter. If a Member requests (via an email to us at email@example.com), we will email that Member a notice of the changes. You agree that the amended terms and conditions of this Contract shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as Zipcar may designate in its notice.
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 insurance 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.
If you are a resident of British Columbia, the British Columbia Business Practices and Consumer Protection Act may entitle you to cancel the Contract and receive a refund of some fees you have paid to Zipcar. However, this right to cancel may expire in as few as seven days after you enter into the Contract. For more information, please contact the Business Practices and Consumer Protection Authority of British Columbia. In the event that you do not have the right to cancel this Contract as provided in the British Columbia Business Practices and Consumer Protection Act, you will still be permitted to terminate the Contract in accordance with Zipcar's cancellation policy as set out below.
In this Contract, the following definitions apply:
a. "Member" or "you": The person registered as the First Member and, unless specifically indicated otherwise in this Contract, each Associate Member.
b. "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.
c. "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.
d. "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.
e. "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.
f. "Schedules": All the schedules, rate plans and polices referenced in or incorporated into this Contract.
2.1 This Contract is a vehicle-sharing service subscription contract offered by Zipcar, Inc. or one of its subsidiaries or affiliates (which include Zipcar Canada Inc., Zipcar (UK) Limited, Catalunya Carsharing S.A., Zipcar Austria GmbH and WTH Funding Limited Partnership ("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.
2.2 Zipcar is the owner lessee or agent for the lessee 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.
3.1 To be eligible for our service, the Member must:
- 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, such Member must be at least 18 years of age;
- 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; and
- Accurately, truthfully and fully complete the application process with Zipcar and deliver all information and documents requested in the application or otherwise.
3.2 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 additional criteria established from time to time by Zipcar and/or its insurance providers. In addition, even if approved for membership, a Member may be restricted from driving certain Zipcar vehicles based upon the Member's driving history and experience or the membership/driving plan selected by the Member.
4. Fees and Responsibilities of Member
4.1 The Member promises to pay Zipcar all applicable driving record/insurance verification, application and membership fees associated with the Member's driving/membership plan. Driving record/insurance verification and application 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, please call us at 1-866-4ZIPCAR.
Certain membership plans (including monthly plans and Extra Value Plans ("EVP")) renew every month. Following approval of the Member by Zipcar for a monthly renewing plan, a 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 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 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.
4.2 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 provided in the Rules and Schedules and 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. Ongoing 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.
4.3 Members are responsible for providing and maintaining current email, mobile phone, preferred search address, mailing address and other account information. Telephone calls, 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, emails and social media communications.
4.4 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 insurance policy when driving a Zipcar vehicle and/or termination of membership.
5. Damages; Damage Fee; Damage Fee Waivers
5.1 Damages Generally: A Member is responsible for any and all damage 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. However, as described in Section 6 below, Zipcar provides insurance that, in general, covers most damages arising from a Member's use of Zipcar vehicles and the Member's liability for damages will generally be limited to the Damage Fee described in Section 5.2 below. If, however, a Member fails >to abide by the terms and conditions of this Contract, the insurance coverage 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 permitting or enabling a non-Member to drive a Zipcar vehicle will be responsible for all damage and costs incurred as a result of the non-Member's use.
5.2 Damage Fee: Assuming a Member's compliance with all of the terms and conditions of this Contract, the Member's responsibility for the damages described in Section 5.1 shall be limited to the damage fee (the "Damage Fee") 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.
5.3 Damage Fee Waivers: Zipcar offers for purchase, at the option of the Member, Damage Fee Waivers or DFWs.
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 the Member's financial responsibility – the Damage Fee – for damages arising from the Members use of Zipcar vehicles. 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.
By purchasing an optional DFW, a Member can reduce or eliminate the applicable Damage Fee. If a Member purchases a DFW, 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 specific Member purchasing the DFW and does not apply to Associate Members. 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.
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.
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.
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.
6.1 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 by our automobile liability insurance policy of $1,000,000, plus provincial minimum levels for other statutorily required coverages, as well as comprehensive and collision coverage; and is subject to all its terms, conditions, and exclusions.
No coverage is provided for any use of a Zipcar vehicle by any unauthorized driver as defined by the terms of this Contract. The insurance provided by Zipcar does not relieve Members of their obligations with respect to the Damage Fee described in Section 5 of this Contract.
7. Term and Termination
7.1 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.
7.2 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 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 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.
7.3 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).
8. Limitations of Liability
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 incurred is due to our negligence or failure to carry out our responsibility.
9. Miscellaneous Provisions
9.2 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.
9.3 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.
9.4 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.
9.5 This Contract is governed by the laws in force in the Province of Ontario (for Members who residents of Ontario) or the Province of British Columbia (for Members who are residents of British Columbia) and the federal laws of Canada applicable therein. All disputes hereunder shall be resolved solely in the courts of the applicable Province. 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.
9.6 Any 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 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:
Zipcar Canada Inc.
c/o Zipcar, Inc.
35 Thomson Place
Boston, MA 02210
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted.
9.7 Unless otherwise indicated, all amounts of money referred to in this Contract are expressed in Canadian dollars.
The schedules constitute an integral part of this Contract: