Schedule 1: Rules of Vehicle Use
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 1. All applicants for membership with Zipcar should read and understand these Rules before they apply and before they pay any applicable 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. Capitalised terms used in this Schedule 1 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.
2. Prohibited Uses
2.1 The use of a Zipcar vehicle under the following conditions is prohibited:
- use of a Zipcar vehicle off-road, or for racing, pace making, testing the vehicle's reliability or speed, teaching someone to drive or in connection with motor rallies, competitions or trials;
- towing of any trailer or other vehicle;
- carriage of passengers for hire or reward;
- 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;
- in the carrying out of any crime or for any other illegal activity or purpose;
- in an imprudent, negligent, or abusive manner or any other abnormal use of the vehicle;
- 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);
- 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;
- carrying or transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- 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;
- in connection with the motor trade;
- carrying or transporting third party goods for payment (for example, providing courier or delivery services); and
- transporting professional sports persons or professional entertainers.
2.2 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 applicable laws and/or regulations.
2.3 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 may be cancelled 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
Reservations will be made in accordance with Schedule 2 (Special Conditions - Zipcar Flex) or Schedule 3 (Special Conditions – Zipcar Roundtrip) as applicable.
4. Vehicle Condition
4.1 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 notify 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 windscreen, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors, any other condition that may render the vehicle unsafe to operate, and any other damage that is not recorded in the vehicles damage log located in the vehicle (the "Damage Log"). If you observe any damage that is not reported in the Damage Log, you are required to inform Zipcar of such damage prior to driving the vehicle in the required manner as set out on our website.
4.2 If Zipcar is not notified of a problem before you take possession of a vehicle and/or driving the vehicle, 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 Repair 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 the vehicle key at all times when it is not in use during your reservation. Using the Zipcard or Zipcar App to lock the vehicle ends 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 the relevant rate for the vehicle until you notify Zipcar in the required manner as set out on the website 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.
5. Stolen Vehicles
Stolen vehicles must be immediately reported to Zipcar by calling us and the Zipcard must be immediately returned to Zipcar as proof that you had the Zipcard secured when the vehicle was stolen.
6. Belongings and Lost Property
You must check that you have not left any belongings in the Zipcar vehicle. Zipcar makes reasonable effort to reunite lost belongings with their owner; however, Zipcar shall not be held liable for any belongings left in a vehicle or stolen from a vehicle, and you agree not to hold Zipcar responsible for any such belongings, whether they are your belongings or the belongings of any third party.
7. Charging Electric Powered Vehicles
For electric powered vehicles, you 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 Additional Charges Schedule.
8. Refueling and Eligible Expenses
See Schedule 2 (Special Conditions – Zipcar Flex) and Schedule 3 (Special Conditions – Zipcar Roundtrip) for when you may be responsible for refueling a Zipcar vehicle and the Eligible Expenses that we may reimburse depending on whether you are using a Zipcar vehicle under the Zipcar Flex or Zipcar Roundtrip.
9.1 Zipcar will perform all necessary and required routine maintenance on all of its vehicles. However, Members are responsible for the internal cleanliness of vehicles by removing rubbish 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 us.
9.2 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 Contract or a violation of Zipcar Rules, the Member may be charged for the costs of the service.
9.3 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 by calling us. 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 Damage Fee Waiver.
10. Breakdown or Incidents
10.1 All breakdowns, accidents or similar incidents involving Zipcar vehicles must be reported to Zipcar immediately by phone.
10.2 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. Members may pay for towing, repairs, and other expenses, if authorised by a Zipcar representative (in which case these amounts will be considered Eligible Expenses reimbursable as provided in Schedules 1, 2 and 3 as applicable), or, if approved by Zipcar's representative, you may charge them to Zipcar's account with the applicable service vendor.
10.3 Jump start. It is strictly forbidden to perform or receive a jump start to any Zipcar vehicle or to use a Zipcar vehicle to perform a jump start to any other vehicle. You are fully responsible for any loss, liability and/or damage that may result from a breach by you of this Section 10.3.
10.4 Accident. In case of an accident the Member must call Zipcar immediately and complete Zipcar's incident report form and obtain the following information:
- Date, time, and place of accident;
- The number plates 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);
- The names, addresses, and driver's licence numbers of the persons involved in the accident;
- The name, address, and driver's licence number of the owner of the car (if he or she is not the driver);
- The name, addresses, and phone number of witnesses, passengers, and any other involved persons; and
- Circumstances of the accident.
Depending upon the severity of the accident, the Member may also be required to fill out and obtain an official police report form, and, if possible, provide a jointly agreed-upon statement.
10.5 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 accident involving a Zipcar vehicle. Members agree to cooperate fully with Zipcar in the investigation and defence of any such claim or lawsuit. A Member's account will be suspended until the investigation has been concluded.
10.6 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 clause 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.
11. Traffic Violations
11.1 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 in connection with processing any such violations. See our Additional Charges Schedule. 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).
11.2 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 is responsible for the Zipcar vehicle.
11.3 At the end of your use of a Zipcar vehicle and/or reservation, you must not leave a vehicle in a zone which has parking restrictions or which is not within the Designated Parking Zone or a Zipcar Roundtrip vehicle anywhere which is not its Dedicated Parking Space. 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, parking charges or towing charges incurred by Zipcar.
11.4 Where a violation, incurred during the Member's reservation period or after it as a result of failure to adhere to parking regulations, is sent directly to Zipcar, Zipcar will either pay the penalty/fee on behalf of the Member and then add the penalty/fee to the Member's account or Zipcar may, if permitted by the authority issuing the violation, transfer liability for the penalty/fee notice to the Member and the Member will then be wholly responsible for all correspondence with the appropriate authority and any penalties/fees due. Zipcar will always inform a Member which one of these two courses of action it has taken, and will endeavour to provide notice to Members before it pays any penalties/fees attributable to them. Once paid by Zipcar, it may not be possible for the Member to challenge the penalty/fee. The right to appeal, or transfer liability, on any 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 or traffic violations, Zipcar is obliged by law to pass on the offending Member's details to the police who will then contact the Member directly.
12. Access Card/Unlocking of the Vehicle by Zipcar
Members must use the Zipcar app to lock and unlock Zipcar vehicles at the start and the end of their reservation. In the case of Zipcar Roundtrip Members may use a Zipcard to lock and unlock Zipcar vehicles. It is recommended that Members carry their Zipcard at all times. Vehicle-rental/hire companies, service stations, and other businesses that have relationships with Zipcar may require Members to present their Zipcard to receive services. Zipcar may agree to remotely unlock or lock a vehicle for a Member who has forgotten or lost his/her Zipcard, at the start or end of the reservation period. Zipcar may make a charge for locking or unlocking the vehicle remotely, see our Additional Charges Schedule.
13. Smoking and Pets
Zipcar vehicles are smoke-free and smoking is strictly prohibited in a Zipcar vehicle. Pets are also prohibited, unless they are transported in locked pet carriers. Members are subject to Additional Charges Schedule if evidence of smoking or pets is found in Zipcar vehicles. If a Member smokes or permits any other person to smoke in a Zipcar vehicle, the Member's membership may be terminated.