Zipcar Vehicle Rental Terms and Conditions — Uber Platform

Zipcar Vehicle Rental Terms and Conditions — Uber Platform

Effective: May 18, 2026

car vehicle through the Platform, you accept and agree to comply with these Terms. These Terms are in addition to, and do not supersede, any terms, conditions, or policies imposed by Uber Technologies, Inc. or its affiliates ("Uber") in connection with your use of the Platform.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY ZIPCAR VEHICLES, ESPECIALLY BECAUSE THESE TERMS MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACT These Terms and Conditions ("Terms") govern your rental and use of vehicles owned or operated by Zipcar, Inc. or one of its affiliated companies ("Zipcar," "us," or "we") when you reserve or rent a Zipcar vehicle through the Uber platform ("Platform"). By reserving, accessing, or using a Zip

ION — SEE SECTION 10 BELOW.

Zipcar reserves the right to change these Terms from time to time. Unless we designate a different date for effectiveness, such changes will be effective when notice is provided through the Platform, by email to the address associated with your rental, via the Zipcar website, or by other applicable form of communication. Your continued use of Zipcar vehicles through the Platform following notice of any amended Terms constitutes your acceptance of the amended Terms. Reservation rates, fees, and taxes are subject to change. You may review your total estimated reservation cost before you confirm your reservation.

Certain provisions of these Terms may vary based upon the jurisdiction in which you reserve or use a Zipcar vehicle. For example, the third-party liability Zipcar provides may vary based upon the country (or, if applicable, by province or state) in which you are using the Zipcar vehicle, and certain different or additional fees and policies may apply.

1. Definitions

In these Terms, the following definitions apply:

a. "Renter" or "you": The individual who reserves and rents a Zipcar vehicle through the Platform and who is designated as the authorized driver for the applicable reservation.

b. "Rental Period": The period beginning when you access or take possession of the Zipcar vehicle (or, if earlier, the scheduled start time of your reservation) and ending when the vehicle is returned to the designated return location and the reservation is closed in accordance with applicable return procedures.

c. "Rules": All the rules, guidelines, or policies of Zipcar related to a Renter's use of Zipcar vehicles, whether set forth in these Terms, appearing on Zipcar's websites, communicated through the Platform, or otherwise issued from time to time by Zipcar.

2. Rental of Zipcar Vehicles

2.1 These Terms govern individual vehicle rental transactions conducted through the Platform and do not create a membership or ongoing subscription relationship between you and Zipcar. Your right to use a Zipcar vehicle is limited to the specific vehicle reserved and the Rental Period associated with each confirmed reservation. No reservation confers any right to use any other Zipcar vehicle or to use the reserved vehicle beyond the applicable Rental Period.

2.2 Zipcar is the owner of, or is otherwise authorized to rent, any Zipcar vehicle made available through the Platform. Zipcar retains all right, title, and interest in and to each Zipcar vehicle at all times. Your rights in relation to any Zipcar vehicle are limited to those rights of use expressly stated in these Terms and are subject to your compliance with all applicable terms, conditions, and Rules.

2.3 You acknowledge that your reservation and rental of a Zipcar vehicle through the Platform may also be subject to terms, conditions, and policies established by Uber. In the event of any conflict between these Terms and any terms imposed by Uber with respect to your obligations to Zipcar regarding the use of the Zipcar vehicle, these Terms shall control.

3. Eligibility

3.1 To be eligible to rent a Zipcar vehicle through the Platform, you must:

(a) Be at least 21 years of age (or 18 years of age or older if residing in New York, Michigan, or Maryland);

(b) Hold a valid driver's license that authorizes you to drive in the jurisdiction in which you will use the Zipcar vehicle and have a driving history that meets Zipcar's then-current eligibility requirements, which may change from time to time;

(c) Have a valid and active account on the Platform in good standing; and

(d) Accurately, truthfully, and fully provide all information and documents requested during the reservation or rental process.

3.2 Satisfying the foregoing criteria does not automatically entitle you to rent a Zipcar vehicle. Zipcar reserves the right, in its sole discretion, to decline any reservation or rental for any reason, including based on factors such as credit history, driving history, prior rental conduct, or Zipcar's service offerings. Zipcar may also restrict certain Renters from renting certain types or classes of Zipcar vehicles at Zipcar's sole discretion.

4. Fees, Charges, and Responsibilities of the Renter

4.1 You agree to pay all applicable fees and charges associated with your rental, including, without limitation, rental charges, mileage overage fees, surcharges, toll fees, fuel charges, young driver fees (if applicable), sales and other taxes and levies, and any other costs and fees as may be detailed in the Rules, the Platform, or these Terms. Fees and charges will be billed to the payment method on file with Uber or as otherwise established through the Platform. Under no circumstances will Zipcar be responsible for any overdraft or other fees charged by your credit card company, bank, or payment provider.

4.2 Young Driver Fees. Due to the high costs associated with providing vehicles to young drivers, all reservations made by drivers under 25 years of age may include additional young driver fees assessed by the hour or day, as appropriate. Information regarding young driver fees is available through the Platform or on the Zipcar website.

4.3 You are the sole authorized driver of the Zipcar vehicle during the Rental Period. You may not permit any other individual to operate the Zipcar vehicle. You are responsible for the Zipcar vehicle during the entire Rental Period, including compliance with all applicable traffic laws, parking regulations, and other laws and regulations.

4.4 By renting a Zipcar vehicle through the Platform, you authorize Zipcar to obtain your driving records from the jurisdiction in which you are licensed, as applicable. If your license is suspended or revoked or becomes invalid at any time during the Rental Period, you must immediately cease operating the Zipcar vehicle and notify Zipcar.

4.5 Telephone calls, texts, email correspondence, and other communications with Zipcar may be recorded or monitored. By communicating with Zipcar, you consent to the recording or monitoring of such communications.

5. Connected Car Data

5.1 Equipment. Certain Zipcar vehicles contain devices that monitor the vehicle's condition, performance, and operation, and that track fuel consumption, distance traveled, location, and other information ("Connected Car Data"). These devices may transmit Connected Car Data to Zipcar, its third-party providers, and/or the vehicle manufacturer. Some or all of these communications are active at all times, even when other services or media in the vehicle are turned off. Zipcar cannot guarantee that a vehicle without these features will be available for your reservation. These devices may have been installed by Zipcar, on Zipcar's behalf, or by the vehicle manufacturer. If the devices are installed by the vehicle manufacturer, the vehicle manufacturer will process the Connected Car Data in accordance with its own privacy notice. Zipcar does not provide the vehicle manufacturer with your personal information unless authorized by you, necessary in connection with the provision of services, or required by law. Zipcar may enter into agreements with vehicle manufacturers to receive some or all of the Connected Car Data collected by these devices. Zipcar may use a third party to process the Connected Car Data on its behalf. Zipcar does not provide such third-party processor with your personal information unless authorized by you, necessary in connection with the provision of services, or required by law.

5.2 Uses. If equipped and where permitted by law, Zipcar uses these devices and the Connected Car Data for some or all of the following purposes: (i) to provide certain aspects of its services to you, such as remote lock/unlock, remote engine disable, and automatic transmission of vehicle data including location, odometer reading, and fuel level during the reservation; (ii) to manage your reservation; (iii) to enable Zipcar to better understand how its vehicles are being used; (iv) to optimize Zipcar's operations; (v) to assist in the handling of any liability or property damage claims; (vi) to provide roadside assistance services; (vii) to assist in the recovery of vehicles that are overdue, lost, reported stolen, or suspected of being lost or stolen; (viii) to develop new products and services and enhance existing products and services; (ix) to respond to requests from law enforcement and/or regulatory authorities; (x) as necessary to defend, protect, or enforce Zipcar's rights in connection with the use of its products and/or services; (xi) to protect the rights and/or property of Zipcar or third parties; (xii) when Zipcar has a good faith belief that there is an emergency that poses a threat to your safety or the safety of another person, or in other circumstances in which Zipcar reasonably believes its vehicles are being or have been used in violation of law or in the commission of a crime; and (xiii) to comply with law.

6. Damages; Damage Fee; Damage Fee Waivers

6.1 Damages Generally. You are financially responsible for any and all damages that occur to the Zipcar vehicle during the Rental Period, even if such damage is weather-related, caused by a third party, or arises from similar causes. You are also responsible for the full value of any damages or injuries caused to third parties or their property. Such damages include, without limitation, repair costs (estimated or actual) for the Zipcar vehicle and third-party property, injuries to third parties, costs associated with the related recovery or transportation of the Zipcar vehicle, loss of use of the Zipcar vehicle or third-party property, and other administrative fees.

6.2 Damage Fee. If you are in compliance with all of the terms and conditions of these Terms, including providing all reasonable assistance to Zipcar in the event of any incident, your financial responsibility for damage to the Zipcar vehicle will be limited to the first $2,500 of damage to the Zipcar vehicle per incident (the "Damage Fee"). You 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 you have purchased a Damage Fee Waiver ("DFW").

For reservations originating in New York State: In the event a Zipcar vehicle reserved from a location in New York State is damaged during the Rental Period, Zipcar will provide you with an incident report form, an estimate of the cost for repairing the vehicle, and the Damage Fee you are obligated to pay, if it is proven that the vehicle was damaged during the Rental Period, pursuant to these Terms. You are obligated to truthfully and timely complete the incident report form, or Zipcar will have the right to terminate your rental and pursue all available remedies. You have the right to contest any damage that Zipcar determines may have occurred during the Rental Period.

6.3 Damage Fee Waivers. Zipcar may offer DFWs for purchase by eligible Renters, subject to applicable limitations and restrictions. For an additional charge, you may have the option to purchase a DFW to cover part or all of your Damage Fee. Before purchasing a DFW, you should check whether 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, you can reduce or eliminate the applicable Damage Fee. If you purchase a DFW prior to the start of the Rental Period, Zipcar will waive your 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 Zipcar vehicle and reservation for which it is purchased and is not transferable in any manner. A DFW may also be limited to specific types or classes of Zipcar vehicles. The purchase of a DFW is non-refundable and the DFW will not be applied if you have violated any of these Terms.

The elimination or reduction of liability for the Damage Fee through the purchase of a DFW will not apply if you (1) are in violation of these Terms, including if you permit an unauthorized individual to drive, engage in any prohibited use of the Zipcar vehicle, or purposely damage the Zipcar vehicle or third-party property (e.g., by putting the wrong type of fuel in the vehicle); (2) fail to close and lock all windows, doors, and trunk and the vehicle is stolen, damaged, or vandalized; (3) fail to notify Zipcar immediately after an incident or loss; or (4) fail to pay any other amount due under these Terms. If the law of a jurisdiction covering your reservation requires conditions on the DFW that are different from the terms of these Terms, such as if your liability for ordinary negligence is limited by such law, that law prevails.

7. Third-Party Liability

7.1 Zipcar provides third-party liability as described in this Section 7. If, however, you fail to abide by these Terms, including providing all reasonable assistance to Zipcar in the event of any incident, the third-party liability Zipcar provides may not apply, which may make you responsible for the full cost (including third-party costs) of any accident or incident and any damage arising from such accident or incident.

Except where required by law to be primary or excess, any third-party liability protection provided by Zipcar shall be secondary to, and not in excess of, any applicable insurance available to you, or any other driver, from any other source, whether primary, excess, secondary, or contingent in any way. Any such third-party liability protection afforded will only be up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. The limit for bodily injury sustained by any one person includes any claim for loss of that person's consortium or services. If this third-party liability protection is extended by operation of law to anyone not permitted by these Terms to drive the vehicle, or to any person or instance where coverage is not intended to be afforded by these Terms, the financial responsibility limits of the jurisdiction in which the accident occurs will apply.

7.2 You agree that Zipcar can provide coverage under a certificate of self-insurance or an insurance policy, as Zipcar chooses. A copy of the policy and/or certificate will be available for your inspection at the main office of Zipcar's parent company. You understand that unless required by applicable law, Zipcar will not provide (a) coverage for fines, penalties, punitive, or exemplary damages; (b) coverage for bodily injury to you, or your death while not a driver, or any member of your family or the driver's family members related by blood, marriage, or adoption residing with you or them, or to a fellow employee arising out of or in the course of employment; (c) defense against any claim, unless Zipcar is required to provide primary protection, but in such event not after the applicable limits of protection that Zipcar furnishes are tendered; or (d) supplementary no-fault, noncompulsory uninsured or underinsured motorist coverage, or any other optional or rejectable coverage, and you and Zipcar reject all such coverages to the extent permitted by law. Where any of these coverages are required or implied by law, the limits shall be the minimum required under applicable statute.

7.3 Where permitted by law, you are rejecting uninsured or underinsured motorist and all optional automobile insurance coverages under any policy of insurance or certificate of self-insurance in connection with these Terms, for you and all other passengers in the vehicle, and you agree that Zipcar is hereby authorized to sign any forms or acknowledgments on your behalf rejecting such coverage. You understand that uninsured and underinsured motorist coverage protects you and other passengers in a vehicle for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance or has insufficient insurance to pay for losses and damages. There is no coverage in Mexico, and the vehicle may not be taken into Mexico under any circumstances.

7.4 Where required by law, Zipcar provides Personal Injury Protection ("PIP"), or "no-fault" coverage, to the minimum level required by the jurisdiction in which the accident occurs, for injuries you may suffer in an accident. You may also use your own health care coverage in case of injury, and any personal injury coverage that you have available will be primary over any PIP or no-fault coverage Zipcar may provide where allowed by law. If any such protection is imposed by operation of law, then the limits of such protection will be the minimum required for protection by the law of the jurisdiction in which the accident occurs. No coverage is provided for any use of a Zipcar vehicle by any unauthorized driver as defined by these Terms; provided, however, if such coverage is mandated by law, then the limits of such protection will be the minimum financial responsibility limits required by law in the jurisdiction where the accident occurs.

7.5 The third-party liability provided by Zipcar does not relieve you of your obligations with respect to the Damage Fee described in Section 6 of these Terms. Any third-party liability coverage provided under these Terms only applies when you are in compliance with these Terms, including providing all reasonable assistance to Zipcar in the event of any incident.

8. Additional Liability Protection

Additional Liability Protection (optional Supplemental Liability Insurance) may be available for purchase for rentals you book through the Platform in the United States. If available, you may purchase Additional Liability Protection when booking your reservation through the Platform.

If you purchase Additional Liability Protection at the time of reservation, the insurance coverage is restricted only to the vehicle rented in that reservation and only for the Rental Period for which the coverage is purchased.

9. Limitations of Liability

UNDER NO CIRCUMSTANCES WILL ZIPCAR BE LIABLE TO ANY RENTER 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 THESE TERMS OR USE OF ZIPCAR VEHICLES. 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 Renter or any third party arising from the use of a Zipcar vehicle, loss or damage incurred by the Renter as a result of any claims made by a third party, or loss or damage incurred by the Renter 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 the Renter (for example, luggage racks, bicycle racks, child seats, and the like; the Renter 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 is incurred due to Zipcar's negligence or failure to carry out its responsibility.

10. Dispute Resolution by Binding Arbitration and Class Action Waiver

10.1 Pre-Dispute Resolution Procedure. For the purposes of this Section 10, "Zipcar Party" or "Zipcar Parties" shall mean Zipcar and Zipcar's service providers and licensees, and their respective officers, directors, employees, contractors, and agents when providing services for or on behalf of Zipcar. Before asserting a claim in any proceeding (including in an individual arbitration or in a small claims proceeding), you and the applicable Zipcar Party agree to give the other party written notice of the claim to be asserted 30 days before initiating a proceeding and to make a reasonable good faith effort to resolve the claim. If you are intending to assert a claim against a Zipcar Party, you must send the written notice of the claim to Zipcar Legal Dept, 35 Thomson Place, Boston, MA 02210. If Zipcar is intending to assert a claim against you, Zipcar will send the written notice of the claim to you at your address on file with the Platform or as otherwise provided to Zipcar. No settlement demand or settlement offer used in this pre-dispute resolution process may be used in any proceeding, including as evidence or as an admission of any liability or damages (or lack thereof).

10.2 Agreement to Arbitrate. Except as otherwise provided in Section 10.8 of this dispute resolution provision, in the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, you and the Zipcar Parties agree to arbitrate all disputes and claims arising under or relating to these Terms, Zipcar's vehicles, Zipcar's services, or any other transaction involving you and Zipcar, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis. The interpretation and scope of this provision, and the arbitrability of the dispute or claim, are for the arbitrator to decide.

10.3 What is Arbitration. Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Under this dispute resolution provision, arbitrators can award the same individual relief affecting individual parties that a court can award, including damages and an award of attorneys' fees, if the applicable law allows. BY AGREEING TO RESOLVE DISPUTES THROUGH ARBITRATION, YOU AND ZIPCAR AGREE TO EACH UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT.

10.4 Class Action Waiver. YOU AND THE ZIPCAR PARTIES AGREE THAT ANY CLAIMS BROUGHT BY YOU OR THE ZIPCAR PARTIES WILL BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND WILL NOT BE BROUGHT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ARBITRATION PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. You and the Zipcar Parties agree to seek only such relief — whether in the form of damages, an injunction, or other non-monetary relief — as is necessary to resolve any individual injury that either you or Zipcar have suffered or may suffer. In particular, if either you or a Zipcar Party seek non-monetary relief, such relief must be individualized and may not affect individuals or entities other than you or the applicable Zipcar Party. This requirement that claims be brought in binding arbitration only in an individual capacity and not as a representative, private attorney general, or class member ("Class Action Waiver") is non-severable. If the Class Action Waiver is found to be unenforceable, then the entirety of this dispute resolution provision shall be null and void.

10.5 Applicable Law and Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial disputes from the American Arbitration Association ("AAA"). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. For more information on AAA, its rules and procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

10.6 Hearings and Decisions. If you are an individual, arbitrations will proceed at a location that the arbitrator selects in the county of your primary residence unless you and the applicable Zipcar Party agree otherwise. If you are not an individual person (but are instead, for instance, a partnership, corporation, or other form of entity or non-natural person) (hereafter "Entity Renter"), arbitrations shall proceed at a location that the arbitrator selects unless you and the applicable Zipcar Party agree otherwise. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator's award shall be final and may be enforced in any court of competent jurisdiction. An arbitrator's award and any judgment confirming it shall apply only to that specific case and cannot be used in any other case except to enforce the award itself.

10.7 Fees and Costs. If you are an individual (and not an Entity Renter), in the event that (1) your claim is less than $10,000, and (2) you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the applicable Zipcar Parties will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Zipcar also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration. However, the Zipcar Parties will not pay your share of the arbitration fees if the arbitrator finds that either your claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).

10.8 Exempt Claims. The following disputes and claims are exempt from Sections 10.1 through 10.7: (a) unresolved disputes and claims that are within the scope of a small claims court's authority; (b) disputes and claims regarding personal injury and/or damage to or loss of a vehicle related to your Zipcar rental; and (c) if you are an Entity Renter, disputes over the validity of any party's intellectual property rights.

10.9 Conflicts. In the event of any conflict between this dispute resolution provision and any other dispute resolution provision in any other agreement between you and Zipcar, the dispute resolution provision in these Terms shall govern.

10.10 Modification of this Provision. Notwithstanding any provision in these Terms to the contrary, Zipcar agrees that if it makes any material change to this arbitration provision, including the deletion of this provision, that change will not apply to any dispute for which you had already provided Zipcar with written notice.

10.11 Third-Party Beneficiaries. Without limitation of any of the foregoing, you acknowledge and agree that with respect to the dispute resolution provisions in this Section 10, each applicable Zipcar Party shall be deemed to be an intended third-party beneficiary of this Section 10, with authority to enforce this Section 10.

11. Return of Vehicle

11.1 You must return the Zipcar vehicle to the designated return location by the end of the Rental Period in the same condition as when you received it, ordinary wear and tear excepted. Failure to return the vehicle by the end of the Rental Period may result in additional fees, charges, and other consequences, including referral to law enforcement for vehicle recovery.

11.2 Upon the conclusion of the Rental Period, all of your rights to use the Zipcar vehicle shall immediately terminate. You agree to return immediately to Zipcar any vehicle or other property of Zipcar that you have in your possession. You shall be responsible for and agree to pay any legal fees, court costs, or expenses associated with enforcing the terms of these Terms, including, without limitation, any costs relating to recovering any Zipcar property or any amounts due and owing to Zipcar.

12. Miscellaneous Provisions

12.1 By renting a Zipcar vehicle through the Platform, you represent and warrant that you have received all explanations as you may have reasonably requested concerning the content of these Terms, and that you have carefully reviewed and understand your commitments and obligations hereunder. You also represent that you have reviewed and understand the Zipcar Privacy Notice and acknowledge that any information shared by, or collected from or about, you may be used by Zipcar in accordance with the terms of the Privacy Notice as it may be amended from time to time.

12.2 To the fullest extent permitted by applicable law, these Terms and any notices or other communications regarding your use of Zipcar vehicles through the Platform may be provided to you electronically, and you hereby agree to receive electronic communications from Zipcar. Electronic communications may be delivered to the email address associated with your Platform account or as otherwise provided to Zipcar. You expressly agree that any notice or other communications required under these Terms may be given in electronic form, at any time of day, including for the purpose of collecting a debt. You expressly agree that it is your sole responsibility to keep your contact information current and accurate, and that Zipcar may reasonably assume that any communications sent to the email address provided will be received by you.

12.3 Your rights under these Terms are not assignable or transferable, in whole or in part. Any attempt to transfer your rights under these Terms without the written consent of Zipcar shall be void and of no force and effect. Zipcar may assign these Terms to an affiliate or to another entity in connection with a corporate transaction or otherwise.

12.4 No delay or omission by Zipcar to exercise any right or power occurring upon any noncompliance or default by you with respect to any of these Terms 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 you 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 these Terms 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.

12.5 If any term, provision, covenant, or condition of these Terms is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if these Terms 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.

12.6 These Terms are governed by the laws in force in the Commonwealth of Massachusetts and shall be interpreted according to the internal laws of such Commonwealth, without reference to its conflicts of laws or choice of law rules. Subject to the arbitration provisions in Section 10, all disputes hereunder shall be resolved solely in the applicable state or federal courts of Massachusetts. 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.

12.7 Any legal 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, Inc. Attention: Legal Department, c/o Avis Budget Group, 379 Interpace Parkway, Parsippany, NJ 07054. Email address for legal notices only: [email protected].

The following schedules constitute an integral part of these Terms:

Schedule 1: Rules of Vehicle Use

Schedule 2: Fee Policy

Schedule 3: Services for Members with Disabilities

Schedule 4: State Specific Notices

Schedule 1 - Rules of Vehicle Use

In addition to the obligations set forth in the Zipcar Vehicle Rental Terms and Conditions — Uber Platform (the "Terms"), Renters are required to take careful note of, and abide by, the Rules set forth in this Schedule. All individuals renting Zipcar vehicles through the Uber platform ("Platform") should read and understand these Rules before completing a reservation. By reserving or using a Zipcar vehicle through the Platform, you are deemed to have accepted and agreed to abide by all of the following Rules. Capitalized terms used in this Schedule shall have the same meaning assigned to such terms in the Terms.

1. Authorized Drivers

Only the Renter who reserved the Zipcar vehicle through the Platform is authorized to drive the vehicle during the Rental Period. The Renter must be a properly licensed driver who meets all eligibility requirements set forth in the Terms. Unless otherwise required by law, no other individual is permitted to operate the Zipcar vehicle at any time during the Rental Period. Permitting an unauthorized individual to drive a Zipcar vehicle constitutes a material breach of these Rules and the Terms, and may void any Damage Fee Waiver, third-party liability protection, or other protections otherwise available to the Renter.

2. Prohibited Uses

2.1 Unless otherwise approved by Zipcar in writing, the use of a Zipcar vehicle under the following conditions is prohibited:

(a) Any driving test, driver education course, or similar instruction;

(b) Any speed race, rally, competition, or performance testing;

(c) For the purpose of towing, pushing, or propelling any trailer or any other vehicle;

(d) For the primary business purpose of transporting people for hire, operating a taxi service, or providing ride-hailing or ride-sharing services (for the avoidance of doubt, renting a Zipcar vehicle through the Platform for personal transportation purposes is permitted; however, using a rented Zipcar vehicle to provide transportation services to third parties for compensation is prohibited);

(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 or the Platform with false information or whose representations are determined to be false (including, without limitation, regarding his or her name, age, or address);

(i) Driving a Zipcar vehicle from the United States 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.

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, Renters 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.

2.3 Zipcar may immediately suspend or terminate the Renter's access to Zipcar vehicles through the Platform for a violation of any of these Rules. Upon suspension or termination, any existing reservations may be canceled by Zipcar at its sole discretion. In addition, the Renter 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. Reservations

3.1 Renters must reserve a Zipcar vehicle through the Platform in advance of use. The minimum and maximum reservation periods, and any applicable increments for extensions, will be as set forth on the Platform at the time of booking. If the Zipcar vehicle is available, a reservation may be extended through the Platform, subject to availability and payment of applicable fees. Use of a vehicle for a period of longer than fourteen consecutive days may require advance authorization from Zipcar. 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 eight 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 set forth on the Platform or in the applicable fee schedule. If you wish to extend a reservation, you may do so only if (i) the vehicle is available for use for the extension period, (ii) the request to extend is completed prior to the scheduled expiration time of your existing reservation, and (iii) you have sufficient credit or funds available on the payment method associated with your reservation to pay for the extension.

4. Vehicle Pick-Up and Return

4.1 You must pick up the reserved vehicle at its designated location and return it clean, with at least a quarter tank of fuel (or, for electric vehicles, with sufficient charge as specified at the time of reservation), and in good working order, to the correct and designated return location by no later than the end time of your reservation. The vehicle must be properly secured upon return in accordance with the instructions provided through the Platform or by Zipcar.

4.2 Prior to taking possession of a vehicle, you must conduct an exterior walk-around and an interior inspection. Before driving the vehicle, you must advise Zipcar of any damage or abnormality encountered on the vehicle or in its operation. Without limiting the foregoing, you should report to Zipcar any warning lights that remain illuminated 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 lights, broken or missing rear-view mirrors, or 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, a low fuel fee, or other applicable fees.

4.3 Any key, key fob, or other starting device provided with the vehicle must remain in the vehicle and/or be returned to its designated position within the vehicle at the conclusion of the Rental Period. The vehicle must be locked 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, or starting device in the vehicle. You will be charged additional rates or fees for the vehicle until the key, fob, or starting device is returned, and you will remain responsible for the vehicle during such period.

4.4 You are responsible for all charges and costs incurred related to the Zipcar vehicle for the entire Rental Period 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, and other accessories in the vehicle) to its designated location. The vehicle must be returned no later than the end time of the reservation. You 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, you will be responsible for late fees as set forth on the Platform or in the applicable fee schedule.

4.5 Stolen vehicles must be reported immediately to Zipcar and to local law enforcement.

4.6 You must check that you 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 you agree not to hold Zipcar responsible for any such belongings, whether yours or any third party's.

4.7 For electric-powered vehicles, you are required to plug in the vehicle to the vehicle's charging station at the end of the Rental Period, if so instructed at the time of reservation. Failure to do so may result in additional fees.

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 you are required to fill up gas- or diesel-powered Zipcar vehicles if the fuel tank drops below one quarter of a tank. A fuel card may be provided in the vehicle 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. You must, when returning the vehicle, ensure that the tank is at least one quarter full; you will be charged a fee 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 may not be used for any other purpose. You must ensure that you use the correct fuel when refueling the vehicle (gasoline or diesel). Fuel decontamination costs and any other damage or costs (including roadside 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 you for minor (under $50) routine maintenance on the Zipcar vehicle, 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 Rental Period), and note on it the odometer reading at the time of the purchase. You must submit the receipt to Zipcar at [email protected], and subject to Zipcar's approval, Zipcar will credit such amount to the payment method associated with your 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. Maintenance and Cleanliness

6.1 Zipcar will perform all necessary and required routine maintenance on its vehicles. However, you are responsible for the cleanliness of the vehicle during the Rental Period, and Zipcar expects Renters to assist in maintaining the driving safety and performance of the vehicle, particularly during longer reservations or when the vehicle indicates that service or maintenance is required, by contacting Zipcar immediately.

6.2 Atypical noises or unusual 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 your use of a Zipcar vehicle may result in your 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 its service, and Renters are typically required to stay with the vehicle until assistance arrives. If, however, your need for roadside assistance results from a breach of the Terms or a violation of these Rules, you may be charged for the costs of the service.

7. Breakdowns and Incidents

7.1 All breakdowns, accidents, or similar incidents involving Zipcar vehicles must be reported to Zipcar immediately by calling 1-866-4ZIPCAR or through the Platform, as applicable.

7.2 Breakdown and Roadside Assistance. When using a vehicle, you must follow the owner's manual 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, you 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). You may be responsible for additional fees if you abandon a vehicle without Zipcar's 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 the Zipcar vehicle you have reserved.

7.4 Incidents. In case of an incident involving property damage or any third party, you must immediately contact Zipcar to report the incident at 1-866-4ZIPCAR and obtain and provide to Zipcar 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 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 other vehicle (if he or she is not the driver);

(e) The names, addresses, and phone numbers of witnesses, passengers, and any other involved persons;

(f) Circumstances of the incident; and

(g) A police report (if required or if one is prepared).

7.5 Investigation and Procedure. You must provide to Zipcar and any 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. You agree to cooperate fully with Zipcar in the investigation and defense of any such claim or lawsuit. Zipcar reserves the right to suspend your access to Zipcar vehicles through the Platform until any investigation has been concluded.

7.6 You 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, up to the current Damage Fee as set forth in the Terms (except to the extent a DFW has been purchased). Estimates for any costs will be available to you for review and costs may be assessed in advance of repair. As provided in the Terms, you may be responsible for all applicable damages and costs arising from your failure to comply with these Rules or the Terms.

8. Traffic Violations

8.1 You are responsible for any traffic violations incurred during your Rental Period 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 and fees from any such violation, including fines for late payment and any processing penalties or fees added by the issuing municipality. You are liable for payment of all tolls and any fines for toll evasion. Wherever possible, it is your responsibility to pay the relevant authorities directly. Zipcar may impose an administrative fee in connection with processing any such violations. You must report such violations to Zipcar as soon as possible within the prescribed deadline for the violation.

8.2 You must notify Zipcar of any traffic violation notices found on a vehicle at the time of pick-up. All unreported traffic violations will be your responsibility if they occur during the Rental Period.

8.3 At the end of your Rental Period, 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 Rental 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 or fee on your behalf and add the penalty or fee to your account or charge it to the payment method associated with your reservation. Zipcar may transfer liability for the penalty or fee to you, in which case you would be wholly responsible for all correspondence with the appropriate authority and any penalties or 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 your details to the police or other authorities.

9. Vehicle Access and Security

You must use the method designated by Zipcar or the Platform (such as a smartphone application or access code) to lock and unlock Zipcar vehicles. The vehicle must remain locked at all times when not in use during the Rental Period. You are responsible for ensuring the vehicle is secure whenever you leave it unattended. Zipcar will not remotely unlock or lock a vehicle except in circumstances determined by Zipcar in its sole discretion.

10. Smoking and Pets

Smoking, including smokeless tobacco, clove cigarettes, and e-cigarettes, is absolutely prohibited in Zipcar vehicles. Pets are also prohibited unless they are transported in locked pet carriers. You are subject to fees if evidence of smoking or pets is found in the Zipcar vehicle. Assistance animals are allowed in the vehicle without being in locked pet carriers, consistent with applicable law. In these instances, you will not be charged for regular cleaning costs (i.e., ordinary shedding), but you will be responsible for all costs associated with any damage caused by an assistance animal.

Schedule 2: Fee Policy

Renters agree to pay Zipcar the costs, charges, fees and expenses set out in the Terms, including specifically and without limitation those set forth on Zipcar.com as outlined here [insert link to fee schedule here] (the “Fee Schedule”). The list is not exhaustive and other specific fees, costs and charges may apply. All charges may be subject to change at Zipcar's discretion. 

Schedule 3: Services for Renters with Disabilities

This Schedule supplements the Zipcar Vehicle Rental Terms and Conditions — Uber Platform (the "Terms") and the Rules of Vehicle Use — Zipcar Vehicles on the Uber Platform (the "Rules"). Zipcar is committed to providing accessible services to Renters with disabilities. The accommodations described in this Schedule are available to eligible Renters who rent Zipcar vehicles through the Uber platform ("Platform"). Capitalized terms used in this Schedule shall have the same meaning assigned to such terms in the Terms.

1. Hand Control Equipped Vehicles

1.1 Zipcar may make vehicles equipped with hand controls available to Renters with disabilities who require such equipment. Generally, in major metropolitan markets, Zipcar requests 72 hours' advance notice to make a vehicle equipped with hand controls available, but Zipcar will endeavor to accommodate Renters in these markets within 48 hours, if not sooner. If the applicable market has a dedicated vehicle already equipped with hand controls, Zipcar will make that designated vehicle available within 24 hours, subject to availability. In other markets, additional advance notice may be required.

1.2 Advance notice assists Zipcar in accommodating these requests. Notice must be given by phone to a live representative at 1-866-4ZIPCAR (voicemails are not acceptable). As with all reservations, requests for vehicles with hand controls are subject to vehicle availability, and not all vehicles can be equipped with hand controls.

2. Assistance Animals

2.1 Assistance animals are an exception to Zipcar's Rule requiring that pets be transported in locked pet carriers.

2.2 If you or your passenger are disabled and need to bring an assistance animal on a journey, you will not be charged for regular cleaning costs (i.e., ordinary shedding). However, you will still be responsible for all costs associated with any damage caused by an assistance animal.

3. Accessibility Accommodations for Reservations

3.1 If you have a disability that prevents you from using the Platform, Zipcar's websites, or automated phone systems to make, extend, or cancel a reservation, and you identify yourself as disabled, Zipcar will waive any agent reservation or similar processing charges that would otherwise apply when a Zipcar representative assists you with your reservation.

4. Additional Authorized Drivers

4.1 Renters with disabilities who are unable to drive due to their disability but wish to use a Zipcar vehicle with another person driving on their behalf may request that Zipcar authorize an additional driver for the applicable reservation. To request this accommodation, the Renter must contact Zipcar at 1-866-4ZIPCAR in advance of the reservation. The additional authorized driver must meet all eligibility requirements set forth in the Terms, including holding a valid driver's license and meeting Zipcar's driving history requirements.

4.2 Authorization of an additional driver under this Section 4 applies only to the specific reservation for which the accommodation is requested and does not extend to any other reservation or create any ongoing authorization. Zipcar will waive any fees that would otherwise be associated with adding the additional driver for the applicable reservation, provided the Renter identifies himself or herself as disabled and the accommodation is requested in advance.

4.3 Both the Renter and any additional authorized driver approved under this Section remain subject to all obligations, responsibilities, and liabilities set forth in the Terms and the Rules, including, without limitation, financial responsibility for damages, compliance with all prohibited use restrictions, and cooperation with Zipcar in the event of any incident. The Renter remains the primary party responsible for all fees, charges, and costs associated with the reservation.

Schedule 4: State Specific Notices

The following notices and requirements apply if you rent a Zipcar vehicle through the Uber platform ("Platform") in any of the following states or if you take a vehicle into any of the following states. Capitalized terms used in these notices shall have the same meaning assigned to such terms in the Zipcar Vehicle Rental Terms and Conditions — Uber Platform (the "Terms").

ARIZONA:

Return of Vehicle. Arizona Revised Statute Section 13-1806 provides the following: "A person commits unlawful failure to return rented property if, without notice to and permission of the lessor of the property, the person knowingly fails without good cause to return the property within seventy-two hours after the time provided for in the rental agreement. Unlawful failure to return rented or leased property if the property is a motor vehicle is a class 5 felony." The maximum penalty for this offense is imprisonment for 2 years and a fine of not more than $150,000 for the first offense.

Liability Protection. YOU ACKNOWLEDGE THAT, PURSUANT TO ARIZONA REVISED STATUTES SECTION 28-2166, ZIPCAR DOES NOT EXTEND ANY OF ITS MOTOR VEHICLE FINANCIAL RESPONSIBILITY OR PROVIDE PUBLIC LIABILITY INSURANCE COVERAGE TO THE RENTER OR ANY OTHER DRIVER.

CALIFORNIA:

NOTICE ABOUT YOUR FINANCIAL RESPONSIBILITY AND OPTIONAL DAMAGE WAIVER

You are responsible for all collision damage to the rented vehicle even if someone else caused it or the cause is unknown. You are responsible for the cost of repair up to the value of the vehicle, and towing, storage, and impound fees.

Your own insurance, or the issuer of the credit card you use to pay for the vehicle rental transaction, may cover all or part of your financial responsibility for the rented vehicle. You should check with your insurance company, or credit card issuer, to find out about your coverage and the amount of the deductible, if any, for which you may be liable.

Further, if you use a credit card that provides coverage for your potential liability, you should check with the issuer to determine if you must first exhaust the coverage limits of your own insurance before the credit card coverage applies.

The cost of the optional damage waiver is stated on the Platform at the time of reservation, in your rental receipt or e-mail confirmation, or in other documents which make up the Terms.

COLORADO:

THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER (OR DAMAGE FEE WAIVER) TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. YOU ARE ADVISED NOT TO PURCHASE THIS WAIVER IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY CERTAIN GOLD OR PLATINUM CREDIT CARDS OR COLLISION INSURANCE ON YOUR OWN VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.

CONNECTICUT:

To determine the annualized charge for Loss Damage Waiver ("LDW"), which consists of either Premium (Full) Damage Waiver protection or Plus (Partial) Damage Waiver protection, refer to the cost disclosed on the Platform at the time of reservation or in the applicable fee schedule. Loss Damage Waiver covers loss or damage due to theft, collision, vandalism, or any other cause. Whether or not you accept Loss Damage Waiver, or if Loss Damage Waiver is not permitted, you are responsible for the loss or damage to the vehicle that is caused by you through intentional or willful and wanton misconduct; driving while intoxicated or using drugs; participation in any organized or racing competition; transporting persons or property for hire; commission of a felony or an act that could be a felony; failure to complete an accident or theft report; use or operation by an unauthorized driver; violation of the Terms; operating off paved roads; use to push or tow something; or obtaining the vehicle through fraud or misrepresentation. You should examine your personal auto insurance policy or credit card, including deductible and limit of coverage, because it may cover loss or damage and personal injury incurred while you are using or operating a rental vehicle. If your responsibility for any loss or damage is covered by your own insurance, you will authorize Zipcar to deal with the carrier. Zipcar will refund any sum collected above the amount of the cost of repair.

DISTRICT OF COLUMBIA:

Car Seats for Children. Pursuant to D.C. Code Section § 50–1703, the operator of a motor vehicle may not transport any child of less than 3 years of age unless the child is properly restrained in a child restraint seat. The operator of a motor vehicle shall not transport any child under 16 years of age unless the child is properly restrained in an approved child safety restraint system or restrained in a seat belt. Children under 8 years of age shall be properly seated in an installed infant, convertible (toddler) or booster child safety seat, according to the manufacturer's instructions. A booster seat shall only be used with both a lap and shoulder belt. A parent or legal guardian may transport his or her own child without restraint if that person is transporting a number of his or her own children of less than 16 years of age which exceeds the number of passenger positions equipped with safety belts in the motor vehicle. However, an unrestrained child may not be transported in the front seat of a motor vehicle.

Return of Vehicle: WARNING - Failure to return the vehicle you rent in accordance with the terms of the rental agreement may result in a criminal penalty of up to 3 years in jail.

FLORIDA:

Return of Vehicle. Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.

Liability Protection. The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by §§ 324.021(7) and 627.736, Florida Statutes.

HAWAII:

  1. Loss Damage Waiver ("LDW"), which consists of either Premium (Full) Damage Waiver protection or Plus (Partial) Damage Waiver protection, is optional. 2. LDW entails an additional charge. 3. The actual charge for LDW is stated on the Platform at the time of reservation, in your rental receipt or e-mail confirmation, or in other documents which make up the Terms. 4. All restrictions, conditions, and provisions of LDW are set forth in Section 6.3 of the Terms. 5. The Renter may already be covered for damage to the rental vehicle through their own insurance policy and should examine the policy to determine whether the policy provides coverage for damage, loss, or loss of use to a rented vehicle, and the amount of the deductible. 6. By entering into the rental agreement, the Renter may be liable for damages, loss, or loss of use to the rental vehicle. Renter has read, understands, and acknowledges this disclosure.

ILLINOIS:

This contract offers, for an additional charge, a collision damage waiver (or damage fee waiver) to cover your financial responsibility for damage to the rental vehicle. The purchase of a collision damage waiver is optional and may be declined. You are advised to carefully consider whether to purchase this protection if you have rental vehicle collision coverage provided by your credit card or collision insurance on your own vehicle. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own vehicle insurance affords you coverage for damage to the rental vehicle and the amount of deductible under your own insurance coverage.

INDIANA:

  1. Loss Damage Waiver ("LDW"), which consists of either Premium (Full) Damage Waiver protection or Plus (Partial) Damage Waiver protection, is optional. 2. LDW entails an additional charge. 3. The actual charge for LDW is stated on the Platform at the time of reservation, in your rental receipt or e-mail confirmation, or in other documents which make up the Terms. 4. All restrictions, conditions, and provisions of LDW are set forth in Section 6.3 of the Terms. 5. The Renter may already be covered for damage to the rental vehicle through their own insurance policy and should examine the policy to determine whether the policy provides coverage for damage, loss, or loss of use to a rented vehicle, and the amount of the deductible. 6. By entering into the rental agreement, the Renter may be liable for damages, loss, or loss of use to the rental vehicle. Renter has read, understands, and acknowledges this disclosure.

IOWA:

NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER (OR DAMAGE FEE WAIVER) TO COVER ALL OR PART OF YOUR RESPONSIBILITY FOR DAMAGE TO THE RENTAL VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE DECLINED.

KANSAS:

NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER (DAMAGE FEE WAIVER) TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.

LOUISIANA:

NOTICE: IF YOU HAVE COLLISION COVERAGE UNDER YOUR OWN AUTOMOBILE INSURANCE POLICY WRITTEN IN LOUISIANA, YOUR COLLISION COVERAGE AUTOMATICALLY EXTENDS TO RENTAL MOTOR VEHICLES PURSUANT TO R.S. 22:1296.

EVEN IF YOU ARE NOT A LOUISIANA INSURED, THE PURCHASE OF COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED. THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER SUCH COVERAGE.

MARYLAND:

Notice: This contract offers, for an additional charge, a collision damage waiver (or damage fee waiver) to cover your responsibility for damage to the vehicle. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own automobile insurance affords you coverage for damage to the rental vehicle and the amount of the deductible under your own insurance coverage. The purchase of this collision damage waiver is not mandatory and may be waived. Maryland law requires that all Maryland residents' insurance policies with collision coverage automatically extend that collision coverage to passenger cars rented by the insureds named in the policy for a period of 30 days or less.

MASSACHUSETTS:

This contract offers, for an additional charge, a Collision Damage Waiver (or Damage Fee Waiver) to cover your financial responsibility for damage to the rental vehicle. Your personal automobile insurance may already cover you for damage to a rental car. The purchase of a Collision Damage Waiver is optional and may be declined. For Massachusetts drivers: If you have an automobile policy on your personal vehicle with coverage for collision, your policy will cover collision damage to a rental vehicle, less the deductible on your policy. Drivers who hold policies in other states should check with their insurance agents to determine whether their policies extend to rental vehicles.

MICHIGAN:

Under Michigan law, Zipcar is liable for an injury caused by the negligent operation of the rented vehicle only up to the maximum amounts of $50,000 because of bodily injury to or death of one (1) person in any one (1) accident and $100,000 because of bodily injury or death of two (2) or more persons in any one accident, and only if the vehicle was being operated by the Renter or by the Renter's spouse, domestic partner, father, mother, brother, sister, son, daughter, or other immediate family member. The Renter may be liable to Zipcar up to those amounts, and to injured persons for amounts awarded in excess of those amounts.

MINNESOTA:

Under Minnesota law, a personal automobile insurance policy must: (1) cover the rental of this motor vehicle against damage to the vehicle and against loss of use of the vehicle; and (2) extend the policy's basic economic loss benefits, residual liability insurance, and uninsured and underinsured motorist coverages to the operation or use of a rented motor vehicle. Therefore, purchase of any collision damage waiver or similar insurance affected in this rental agreement is not necessary. In addition, purchase of any additional liability insurance is not necessary if your policy was issued in Minnesota unless you wish to have coverage for liability that exceeds the amount specified in your personal automobile insurance policy.

MISSOURI:

COLLISION DAMAGE WAIVER (OR DAMAGE FEE WAIVER) AND CAR RENTAL INSURANCE NOTICE: OUR CONTRACT OFFERS FOR AN ADDITIONAL CHARGE COLLISION DAMAGE WAIVER AND CAR RENTAL INSURANCE PRODUCTS. BEFORE DECIDING WHETHER TO PURCHASE ANY OF THESE OPTIONAL PRODUCTS, YOU MAY WISH TO DETERMINE WHETHER YOUR PERSONAL INSURANCE OR CREDIT CARD PROVIDES YOU COVERAGE DURING THE RENTAL PERIOD. THE PURCHASE OF ANY OF THESE OPTIONAL PRODUCTS IS NOT REQUIRED TO RENT A VEHICLE.

NEW YORK:

Loss Damage Waiver. This contract offers, for an additional charge, optional vehicle protection to cover your financial responsibility for damage or loss to the rental vehicle. The purchase of optional vehicle protection is optional and may be declined. You are advised to carefully consider whether to purchase this protection if you have rental vehicle collision coverage provided by your credit card or automobile insurance policy. Before deciding whether to purchase optional vehicle protection, you may wish to determine whether your credit card or your vehicle insurance affords you coverage for damage to the rental vehicle and the amount of deductible under such coverage.

Failure to completely and accurately fill out and return an incident report within ten days of receipt of notice from Zipcar may make you liable for damages sustained to the rental vehicle. Except where the damaged vehicle is determined to be a total loss and subject to salvage, you or your insurer have seventy-two hours from the return of the vehicle to notify Zipcar that you wish to inspect the damaged vehicle. The inspection must be completed within seven business days of the return date of the vehicle. If you or your insurer do not request this inspection within the seventy-two hour period, you or your insurer will be deemed to have waived this right. If Zipcar determines the damaged vehicle to be a total loss and subject to salvage, such seventy-two hour period for notification or waiver of the wish to inspect the damaged vehicle shall not apply, and such right to inspect the damaged vehicle shall expire ten business days from your receipt of notice from Zipcar at the return of the vehicle or receipt of the first mailing of this notice in the event of return of the vehicle by automation or after hours. Upon your request or that of your insurer, Zipcar will provide a copy of its estimate of the costs of repairing the damaged motor vehicle.

Who May Drive the Vehicle. New York State Law prohibits the following practices by rental vehicle companies based upon race, color, ethnic origin, religion, disability, sex, marital status, or age: (1) refusal to rent; (2) the imposition of any additional charge (except in certain instances where the renter is under the age of 25). In addition, it is unlawful for any rental vehicle company to refuse to rent a vehicle to any person solely on the requirement of ownership of a credit card.

OREGON:

Our contracts offer, for an additional charge, a collision damage waiver (or damage fee waiver) to cover your responsibility for damage to the vehicle. Before deciding whether or not to purchase the collision damage waiver, you may wish to determine whether your own vehicle insurance affords you coverage for damage to the rental vehicle and the amount of the deductible under your own insurance coverage. The purchase of this collision damage waiver is not mandatory and may be waived.

PENNSYLVANIA:

REJECTION OF UNINSURED MOTORIST PROTECTION: You are rejecting uninsured motorist coverage under this rental agreement, and any policy of insurance or self-insurance issued under this agreement, for yourself and all other passengers of this vehicle. Uninsured coverage protects you and other passengers in the vehicle for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance to pay for losses and damages.

RHODE ISLAND:

This contract offers, for an additional charge, a collision damage waiver to cover your responsibility for damage to the vehicle. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own automobile insurance affords you coverage for damage to the rental vehicle and the amount of the deductible under your own insurance coverage. The purchase of collision damage waiver is not mandatory under this contract.

"Read the collision damage waiver disclosure provision contained in the Terms before accepting this agreement."

Notice About Liability for Damage to the Rental Vehicle

The State of Rhode Island requires us to provide the following information about your liability for damage to the rental vehicle and the purchase of a damage waiver.

Insurance or Credit Card Coverage

Liability for any damage to the rental vehicle may be covered by your personal insurance policy or credit agreement. Check your insurance policy or credit card agreement about coverage.

Damage Waiver Coverage

A damage waiver is not insurance coverage. You do not have to purchase the Collision Damage Waiver. You can decline it. If you purchase a damage waiver, we will waive our right to hold you liable for damage. Even if you buy the damage waiver, you will remain liable for damage if any of the following apply:

  1. Damage or loss caused intentionally, willfully or wantonly by you;
  2. Damage or loss occurring while you operate the rental vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined or determined under the law of the state in which the damage occurred;
  3. Damage or loss caused while you are engaging in any speed contest;
  4. Damage or loss caused while you are using the vehicle to push or tow anything or using the vehicle to carry persons or property for hire, unless expressly authorized in the Terms;
  5. Damage or loss incurred while you are driving outside the United States or Canada, or, if state restrictions are imposed by the Terms, if such damage or loss is incurred outside of those states where operation of the vehicle is expressly authorized in the Terms;
  6. Damage or loss incurred while the vehicle is driven, with your permission or accession, by anyone other than you as the authorized Renter;
  7. Damage or loss incurred after the vehicle was rented as a result of fraudulent information provided to Zipcar;
  8. Damage or loss incurred as a result of commission of a felony by you; and
  9. Damage or loss incurred if the vehicle is stolen and you fail to return the original ignition key, fail to file a police report within seventy-two (72) hours of discovering the theft, or fail to cooperate with Zipcar, police, or other authorities in all matters connected with the investigation.

TEXAS:

Loss Damage Waiver. Your rental agreement offers, for an additional charge, an optional waiver to cover all or a part of your responsibility for damage to or loss of the vehicle. Before deciding whether to purchase the waiver, you may wish to determine whether your own automobile insurance or credit card agreement provides you coverage for rental vehicle damage or loss and determine the amount of the deductible under your own insurance coverage. The purchase of the waiver is not mandatory. The waiver is not insurance.

UTAH:

Failure to return the vehicle within 72 hours of the date and time specified in the reservation may result in criminal penalties up to 15 years imprisonment and a fine of up to $10,000, or both.

VERMONT:

NOTICE: THE FAILURE TO RETURN A RENTED OR LEASED MOTOR VEHICLE WITHIN 72 HOURS AFTER THE DATE AND TIME SPECIFIED IN THE WRITTEN AGREEMENT WITHOUT EXTENDING THE DATE AND TIME IS A CRIME UNDER VERMONT LAW (13 V.S.A. §2592) AND MAY RESULT IN A CRIMINAL PENALTY OF UP TO FIVE YEARS IMPRISONMENT OR A $5,000.00 FINE, OR BOTH.

VIRGINIA:

THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER (OR DAMAGE FEE WAIVER) TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.

WISCONSIN:

WHAT IF YOU DAMAGE A RENTAL CAR?

We Must Provide You With An Important Notice About Your Liability For Damage To a Rental Car

NOTICE ABOUT LIABILITY FOR DAMAGE TO THE RENTAL CAR

The State of Wisconsin requires us to provide the following information about your liability for damage to a rental car and the purchase of a damage waiver. On rentals in Wisconsin, all provisions of the Terms are applicable, except to the extent of a conflict between the Wisconsin specific terms and the other terms of the Terms, in which case the Wisconsin specific terms shall govern.

LIABILITY FOR DAMAGE TO THE RENTAL CAR

The Terms make you liable for any damage to the rental car caused by an accident, or by intentional, reckless or wanton misconduct, or by theft that you may have intentionally caused. Pursuant to Wisconsin Statutes, Section 344.574(2) total liability for any damage is limited to:

  1. reasonable repair costs, less discounts available to us, or the fair market value of the car, whichever is less; and
  2. actual and reasonable costs incurred by Zipcar for towing the vehicle and for storage of the vehicle during the period before you notify Zipcar of the damage to the vehicle or for 14 days after the damage occurs, whichever period is shorter.

LIABILITY FOR DAMAGE AFTER THE RENTAL CAR HAS BEEN STOLEN

If a person who drives the rental car without your authorization causes damage to the car, you may be liable for the damage as though you were driving the car unless you do all of the following:

  1. Refrain from leaving the ignition key in the car when you are not in the car.
  2. Always keep the ignition key in your possession.
  3. Immediately report to the local police if you learn the car has been stolen, or that an unauthorized person is driving the car.
  4. Cooperate fully with the local police by providing any information you know that may be helpful.

INSURANCE OR CREDIT CARD COVERAGE

Liability for any damage may be covered by your personal insurance policy or credit card agreement. Check your insurance policy or credit card agreement about coverage.

DAMAGE WAIVER COVERAGE

A damage waiver is not insurance coverage. If you purchase a damage waiver for the cost disclosed on the Platform at the time of reservation, we will waive our right to hold you liable for damage. Even if you buy a damage waiver, you will remain liable for damage if you violate the Rules of Vehicle Use or any of the following:

  1. You cause the damage intentionally or by reckless or wanton misconduct.
  2. The damage occurs while you operate the car in this state while under the influence of an intoxicant or other drug, as described by the laws of this state.
  3. The damage occurs while you operate the car in another state while under the influence of an intoxicant or other drug, as described by the laws of that state.
  4. The damage occurs while you are engaged in a race, speed, or endurance contest.
  5. The damage occurs while you are using, or have directed another to use, the car in the commission of a misdemeanor, or a felony, as defined by Wisconsin Statutes Section 939.60.
  6. The damage occurs while you are using the car to carry persons or property for hire.
  7. The damage occurs while you are using the car outside the United States and Canada, except as is permitted under the Terms.
  8. The damage occurs while the car is operated on a surface not intended for use by private passenger vehicles.
  9. You provide us misleading or false information in order to rent the car, which causes us to rent you the car when we would not have otherwise done so, or on terms to which we would not have otherwise agreed.
  10. You fail to promptly report, to us and the police, an accident resulting in damage to the car.
  11. The damage is caused by an unauthorized driver if you did not report a theft to the police within 24 hours after you learned the unauthorized driver took possession of the car, or did not cooperate with the police in providing information about the theft.

NOTICE OF RIGHT TO INSPECT DAMAGE

If the car is damaged, we may not collect any amount for the damage unless you have been promptly notified of your and your insurer's right to inspect the unrepaired car within two working days after we were notified of the damage. If you request, we must also give you a copy of any estimate we have obtained from a repair shop regarding any damage claim. Within 2 working days after receiving the estimates, you may request a second estimate from a competing repair shop and we must give you a copy of the second estimate.

COMPLAINTS

If you have any complaints about our attempt to hold you liable for damage or would like a copy of the state law that fully sets forth your rights and obligations, contact:

Wisconsin Consumer Protection Bureau, P.O. Box 8911, Madison, WI 53708-8911, 608-224-4960 (Madison area) or toll-free 1-800-422-7128.

ADDITIONAL FLORIDA NOTICE:

Additional Liability Insurance (ALI)

What is Additional Liability Insurance (ALI)?

Zipcar has Additional Liability Insurance ("ALI") available for Florida reservations.

ALI is a special optional service offered by Zipcar when you rent a vehicle from Zipcar through the Platform. It is an "Excess Automobile Liability Insurance Policy" that provides additional liability insurance, within specified limits, above the limits provided in the Terms. ALI insures you against claims made by third parties for bodily injury/death and property damage caused by the use or operation of a Zipcar rental vehicle as permitted in the Terms. ALI is a separate insurance policy issued to Zipcar by Empire Fire and Marine Insurance Company.

You may elect to accept ALI for an additional hourly/daily charge as shown on the reservation confirmation through the Platform. The purchase of ALI is not required in order to rent a vehicle from Zipcar.

What are the coverage limits provided by ALI?

The ALI coverage limits equal the difference between the minimum financial responsibility limits, if any, provided under Section 7 of the Terms and the ALI maximum $300,000 combined single limit per occurrence, based on vehicle type.

When and where does ALI coverage apply?

You are covered while driving the rental vehicle within the United States and Canada, but only if the vehicle is rented and returned in the United States. Coverage does not apply in Mexico.

How do I report a claim?

If you are involved in an accident, you must complete an accident report and deliver it to Zipcar. In order to make a claim or give notice of a claim, send written notice to:

Zipcar, Inc.
Attn: Claims
P.O. Box 61247
Virginia Beach, VA 23466
1-866-494-7227

How does ALI affect the application of your automobile or umbrella insurance policy?

Your personal insurance policy providing coverage on an owned automobile, or other personal policy, may provide additional coverage, and to that extent, ALI may provide a duplication of coverage.

Whether, at what point, and to what extent, your own policies apply can only be determined by your checking the terms of the policies themselves as these terms frequently vary. However, if ALI is accepted the protection afforded by ALI, and the limits of protection under the Terms, are primary to your own policies. This means that before your own policies would apply to pay a claim the $300,000 protection afforded by the combination of ALI and financial responsibility limits under the Terms would have to be exhausted. If you do not accept ALI your insurance, if any, is primary as stated in the Terms.

What exclusions apply to ALI?

The following highlights some of the exclusions that would preclude ALI. It is important that you read the Terms and the policy carefully for all exclusions.

  • Any Prohibited Use of the vehicle as described in the Terms and Rules of Vehicle Use
  • Bodily injury to or Property Damage to any Insured; nor, to the extent permitted by law in the state where the rental agreement is entered into, to Bodily Injury or Property Damage to any person who is related to any Insured by blood, marriage or adoption and residing in the same household.
  • "Uninsured Motorist"/"Underinsured Motorist" coverage are provided up to a maximum amount of $300,000 (or in such amounts as mandated by law) with purchase of ALI
  • "No Fault" and other supplemental or optional coverages are not provided by the policy
  • Punitive or exemplary damages to the extent permitted by law

Are there any special restrictions on the purchase of ALI?

In Florida, ALI may not be purchased if the term of the rental is for more than 30 days; coverage may not be provided for more than 30 consecutive days; and if the rental is extended beyond 30 days, the coverage may be extended for one time only, for a period not to exceed 30 days.

For more information call Zipcar toll-free at: 1-866-4ZIPCAR. Visit Zipcar online at zipcar.com.

This summary is not intended to provide a complete description of the policy's terms, conditions, and exclusions. For additional details, a copy of the policy will be made available upon request. Zipcar employees, agents, or endorsees are not qualified to evaluate the adequacy of your existing coverage.