Zipcar Membership Contract
Contract Last Revised: June 2017
This Contract is a vehicle-sharing service subscription contract between Zipcar (UK) Limited (hereinafter referred to as “Zipcar”, “we”, “us” or “our”) and the Member (as defined in clause 1 below). 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.
The Schedules constitute an integral part of this Contract:
Schedule 1: General Rules of Vehicle Use
Schedule 2: Special Conditions - Zipcar Flex
Schedule 3: Special Conditions - Zipcar Roundtrip
Schedule 4: Additional Charges Schedule
Schedule 5: Membership and Driving Rates Schedule
Schedule 6: Model Cancellation Form
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS CONTRACT, THEN YOU ARE NOT AUTHORISED TO USE ANY OF ZIPCAR'S VEHICLES OR SERVICES.
Zipcar reserves the right to change the terms of this Contract, including the Schedules, from time to time. We will give notice of essential changes to Members in a timely manner. Notice to the Member will be considered given when such notice is (a) indicated and accessible from the first page accessed after the Member log-on to the Zipcar website, (b) indicated and accessible when the Member uses the Zipcar app, (c) provided by email to the Member's email address on file with Zipcar, or (d) provided via our newsletter. If a Member requests (via an email to us), we will email that Member a notice of the changes. The Member agrees that all changes to the terms of this Contract will be effective and binding on the effective date indicated in the notice, which at a minimum should be fourteen (14) days following notice of the changes. The Member has the option of terminating its membership with Zipcar and this Contract if he or she does not wish to accept any change to the terms of this Contract. If the Member does not terminate this Contract within fourteen (14) days following notice of any changes, the Member will be deemed to have accepted the changes set out in the notice.
In this Contract, the following definitions apply:
- "Contract": This Membership Contract and its Schedules, whether made available in print or electronically through Zipcar's websites.
- “Designated Parking Zone”: in relation to a booking under Zipcar Flex, means any parking space which is both lawful and complies with the Zipcar parking rules (“Zipzone”); the boundaries of the designated zone and the parking rules for that zone may be found on the Zipcar website or app.
- “Dedicated Parking Space”: in relation to a booking under Zipcar Roundtrip, means the dedicated Zipcar parking space to which the Member returns the Zipcar vehicle at the end of the rental period.
- “Zipcar Flex”: the option to pick up a Zipcar vehicle at a particular location (as shown on the Zipcar website or app) at the start of a reservation and return the Zipcar vehicle at the end of the reservation to a different location (provided that location is within the boundaries of the Zipzone as shown on the Zipcar website).
- “Zipcar Roundtrip”: the option to pick up a Zipcar vehicle at a parking space (as shown on the Zipcar website or Zipcar app) at the start of a reservation and return the Zipcar vehicle at the end of the reservation to the same location.
- "Member" or "you": The person that is approved by Zipcar to use Zipcar vehicles and that is 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.
- "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, Schedule 2: Special Conditions – Zipcar Flex, and Schedule 3: Special Conditions – Zipcar Roundtrip.
- "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. This Contract does not in itself confer any right to access and/or use any Zipcar vehicles. A Member may only use Zipcar's vehicles, to the extent that these vehicles are available, in accordance with the terms of this Contract and subject to paying all applicable fees and charges. Zipcar will take reasonable endeavours to ensure reasonable availability of Zipcar vehicles for its Members.
2.2 The special conditions set out in Schedule 2 will apply to the Member’s use of Zipcar vehicles under Zipcar Flex. The special conditions set out in Schedule 3 will apply to the Member’s use of Zipcar vehicles under Zipcar Roundtrip.
2.3 Once approved for membership, Members will be issued with a membership card (a “Zipcard”) and/or will have access to the Zipcar app or other online platform to enable the Member to access Zipcar vehicles subject to availability.
2.4 Members are prohibited from (a) giving, lending or selling their Zipcard to any other person including other Members, (b) allowing non-Members to drive any Zipcar vehicle whilst it is on hire by the Member, (c) allowing other persons including other Members access to and/or use of their Zipcard or Zipcar account, or (d) otherwise allowing any other person including other Members to benefit from the use of their Zipcard or Zipcar account. Any loss, damage to or destruction of the Zipcard must be reported to Zipcar by email or by phone. Any unauthorised use of the Zipcard, Zipcar app and/or Zipcar vehicle must be immediately reported to Zipcar by email or by phone. Failure to comply with this clause 2.4 may result in termination of the Member’s membership with Zipcar and this Contract, may void any applicable insurance coverage, and may subject a Member to liability for any losses, liabilities and damages arising as a result of the unauthorised use of a Zipcard, Zipcar app and/or Zipcar Vehicle. Additionally, the Member will bear the applicable fees and costs of any Zipcar vehicle use and for any damage that results from such use and/or breach of this clause 2.4. In the event that a Zipcard has to be reissued to the Member, a charge in accordance with the Additional Charges Schedule will be levied.
2.5 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 Zipcards. 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.
2.6 To maintain and protect Zipcar vehicles and to prevent and detect crime we may use electronic devices to monitor the condition, performance and operation of Zipcar vehicles and/or to track the movement of Zipcar vehicles. This information may be used both during your membership and after expiry and/or termination of your membership.
2.7 Members are prohibited from using a Zipcar vehicle for the transportation of third party goods for payment including, but not limited to, providing courier or delivery services. In addition, Members are prohibited from transporting professional sports persons or professional entertainers in a Zipcar vehicle.
3.1 To be eligible for our service, all Members must:
- be at least 23 years old (or 19 years old, if joining with an affiliated Business or University);
- if under 23 years of age, have held a full driving licence for at least 2 years with no convictions or accidents;
- if under 25 years of age, and in possession of non-EU licence, issuing country must be either USA or a designated reciprocal country;
- if over 75 years of age have two years driving experience in the last 5 years with no accidents or claims in that time;
- have a driving record that meets the following requirements:
- have held a full driving licence for a minimum of 12 months;
- have no more than 6 penalty points on your driving licence;
- if under 30 years of age have no more than 3 penalty points on your driving licence;
- have no major endorsements;
- have had no major violations in the past three years; and
- have had no alcohol or drug related violations in the past seven years.
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 Other Responsibilities of the Member
4.1 The Member promises to pay Zipcar all applicable application and membership fees associated with the Member's driving/membership plan. If the Member provides false information and/or fails to provide information reasonably required by Zipcar when applying for Zipcar membership, Zipcar may in its sole discretion refuse to approve the Member’s application in which case the application fees will not be refunded.
4.2 When a Member's membership terminates a new application fee 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 (5) days of membership approval and will only be refundable if you terminate your membership within the first thirty (30) days following membership approval. Certain restrictions apply. Please read the restrictions carefully by following the link provided above.
4.3 If at any time you wish to cancel your Zipcar membership, please contact us by phone or by email as stated in 7.1.
4.4 The Member is required to pay all fees and costs incurred when due, including, without limitation, application fees, damage waiver fees (if applicable), membership fees (which are automatically charged when due), driving charges (including but not limited to mileage overage and surcharge and/or toll fees), parking charges incurred whilst parking any Zipcar vehicle in an area that is not within the Designated Parking Zone or a Dedicated Parking Space or while parking any Zipcar vehicle in an area where the parking permit provided by Zipcar is not valid, value added taxes and other taxes and levies on any of the fees, costs and charges incurred by a Member. Please refer to Schedule 4: Additional Charges Schedule for further details of these fees, costs and charges.
4.5 Members are billed for amounts due via credit card, debit card, direct debit or other means as established by Zipcar. Any Member account which is overdue will be suspended. If payment of any amount due is rejected by the credit or debit card provided by the Member or not paid via the direct debit set up by the Member, membership, and the use of Zipcar's services, may be suspended. Members are responsible for providing and maintaining current credit card, debit card or direct debit information on file with Zipcar. Ongoing issues with credit card, debit card or direct debit 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 or debit card company or bank. For overdue accounts, Zipcar may also change when payment is due and/or terminate the Member's account. In addition, Zipcar may engage 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. Zipcar also reserves the right to charge interest on overdue charges at the applicable legal interest rate plus four per cent (4%).
4.7 Members are responsible for providing and maintaining current email, mobile phone, preferred search address, mailing address and other account information. Telephone calls, live chats, email correspondence and social media communications with Zipcar may be recorded and/or monitored. By using these communication methods you are consenting to the recording or monitoring of your calls, emails and social media communications.
4.8 Members who do not have a UK driving licence must comply with the legal requirements for driving in the UK on a foreign licence. In addition, Zipcar may at any time require Members to demonstrate compliance with the licencing laws of their jurisdiction of residence and/or impose further policies regarding the obligation to be licenced 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.
4.9 If the Member's licence 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 immediately and the Member’s right to access and/or use Zipcar vehicles under this Contract will immediately cease until further notice to the contrary by Zipcar. Failure to immediately notify Zipcar of any such events, or providing Zipcar with any false information may lead to the Member not being covered by Zipcar's insurance policy when driving a Zipcar vehicle and/or termination of the Member’s membership with Zipcar.
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. The Member is also 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 clause 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 clause 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.
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 clause 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 in the amount as set out in Schedule 5: Membership and Driving Rates Schedule. 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: For an additional charge, eligible Zipcar Members have the option to purchase a Damage Fee Waiver (“DFW”) to reduce their financial responsibility for damages arising from the Members use of Zipcar vehicles. The purchase of a DFW is optional and may be declined. A DFW is not insurance and does not provide or alter insurance coverage.
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. 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 any other person to drive a Zipcar vehicle, 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, the bonnet and boot and the vehicle is stolen, damaged or vandalized; (4) fail to notify Zipcar immediately after an accident or loss; or (5) fail to pay any other amount due under this Contract.
6.1 Any active Zipcar Member in good standing will be provided with comprehensive motor cover when driving a Zipcar vehicle, subject to the Member fulfilling their obligations as set out in this Contract.
6.2 Zipcar vehicles are insured in conformity with the European Directive 2009/103/CE concerning vehicles insurance and 2010/c 332/a concerning the minimum amounts of coverage for civil liability for any driving in the European Union. Indemnity is granted under the Zipcar insurance policy to the Member and is subject to all its terms, conditions and exclusions.
6.3 Subject to the Damage Fee described in clause 5.2 above, there is cover for loss or damage to the Zipcar vehicle. However there is no cover for any damage caused by unreasonable carelessness or negligence. In these instances the Member will be fully liable for the cost of repair and/or replacement and any related costs.
6.4 The following items are not covered by the insurance: damage to a Zipcar vehicle's tyres, windscreens, windows or fuel contamination. Members will be fully liable for the cost of any such repairs including replacement parts.
6.5 In addition, there is no cover for the theft of personal belongings from a Zipcar vehicle, or any personal accident benefits.
6.6 For further information on the comprehensive motor cover please contact us by email as set out in 7.1.
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 cancelled in accordance with this clause 7. The Member has the right to cancel this Contract within fourteen (14) days without giving any reason. The cancellation period will expire after fourteen (14) days from the day of commencement of this Contract. To exercise the right to cancel, the member must inform Zipcar of its decision to cancel this Contract by a clear statement by email to [email protected] or by calling us at 0333 240 9000. The Member may use the model cancellation form provided in Schedule 6, but this is not obligatory.
7.2 If a Member cancels this Contract and its membership within the cancellation period and before we provide any vehicle sharing services to the Member, we will reimburse all payments received from the Member.
7.3 A Member can request vehicle sharing services to be provided during the cancellation period. If we provide vehicle sharing services during the cancellation period, the Member will still have the right to cancel this Contract during the cancellation period in which case (a) Zipcar will refund a prorated portion of the Member's annual or monthly membership fee (as applicable) and such refund shall be calculated with reference to the date that the cancellation is exercised, and (b) the Member will be responsible for paying to Zipcar any charges incurred for the use of Zipcar’s vehicles during the cancellation period and any other charges and/or fines incurred by the Member connected to the use of Zipcar’s vehicles during the cancellation period.
7.4 After expiry of the cancellation period, a Member may terminate this Contract and its membership upon one (1) days’ prior notice by calling us. Please note that no monthly, annual, application or similar fee will be refunded in the event of termination by the Member after expiry of the cancellation period, except as specifically provided in this Contract.
7.5 In addition to the termination provisions set forth in clause 7.6 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.
7.6 Zipcar may also, upon notice to the Member, immediately terminate this Contract if the 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 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 bankrupt or 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 reorganisation or recapitalisation 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 clause 7.6.
7.7 Upon termination, all of the 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
8.1 Subject to clause 8.5 below, Zipcar shall not be responsible for any loss of, or damage to, any goods in or on the vehicle or in or on any third party vehicle (unless any loss or damage is due to our negligence or failure to carry out our obligations under this Contract).
8.2 Subject to clause 8.5 below, Zipcar shall not be responsible for any personal injury or death in relation to you or any third party arising from the use of a Zipcar vehicle.
8.3 Subject to clause 8.5 below, Zipcar is not liable to a Member under or in connection with this Agreement whether for tort (including negligence), breach of contract, misrepresentation or otherwise, for:
- Loss or damage incurred by the Member as a result of any claims made by a third party, unless such loss or damage incurred is due to our negligence or failure to carry out our obligations under this Contract;
- Loss or damage incurred by the Member arising from or in relation to either (i) the reservation, supply, operation or use of a Zipcar vehicle or (ii) any vehicle accessories whether supplied by Zipcar or by a Member (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 such loss or damage incurred is due to our negligence or failure to carry out our obligations under this Contract; or
- Loss of profit, revenue, goodwill, business opportunity or anticipated saving suffered by the Member, even if foreseeable or if Zipcar has been advised of the possibility of such losses.
8.4 Subject to clause 8.5 below, in no event shall Zipcar's total aggregate liability under or in connection with this Agreement, whether for tort (including negligence), breach of contract, misrepresentation or otherwise:
- for third party property damage, exceed the amount of five million pounds sterling (£5,000,000); and
- for all other loss or damage, exceed an amount equal to the aggregate membership and vehicle usage fees paid and payable by the Member during the twelve (12) month period prior to the first date on which an event giving rise to the liability occurred.
8.5 Nothing in this Agreement shall limit or exclude Zipcar's liability for personal injury or death arising out of its negligence or the negligence of its employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.
8.6 Any liability of Zipcar which falls within clause 8.5 will not be taken into account in assessing whether the financial limits in clause 8.4 have been reached.
9. Miscellaneous Provisions
9.2 The rights granted to the Member 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.
9.3 Zipcar may transfer its rights and obligations under this Contract to a member of the Avis Budget Group. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Contract. If you are unhappy with the transfer you may contact us by email or by phone to end the contract within fourteen (14) days of us telling you about it and we will refund to you any payments you have made in advance for services not provided.
9.4 No delay or omission by Zipcar to exercise any right or power occurring upon any non-compliance 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.
9.5 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.
9.6 A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
9.7 This Contract is governed by the laws of England and Wales. All disputes hereunder shall be resolved solely in the English courts. 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 defences otherwise available.
9.8 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 sent by registered post as follows:
Zipcar (UK) Ltd. (Company Registration Number 04525217)
10-12 Semley Place
Email Address: [email protected]
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.