The following terms and conditions are applicable to those Zipcar members (each, a “Driver”) who access Zipcar vehicles through Zipcar’s rental program with Via Transportation, Inc. or any of its subsidiaries (collectively, “Via”) (the “Via Rental Program”) effective as of May 12, 2026 These terms and conditions shall serve to modify Zipcar’s standard membership contract (the “Membership Contract”) and shall constitute part of the Membership Contract. Capitalized terms used in this Addendum, but not otherwise defined in this Addendum, shall have the respective meanings assigned to them in the Membership Contract. Zipcar and Driver are each a “Party” and may collectively be referred to as the “Parties Notwithstanding anything contained in the Membership Contract to the contrary, the following terms and conditions shall apply:
RECITALS
WHEREAS, Zipcar, Inc. (the “Company” or “Zipcar”) is the lessor of certain passenger vehicles (each, a “”) which are available for Driver to rent for purposes of providing services under the Via and Driver Agreement, as defined below, and
WHEREAS, Driver is a driver specifically approved by Via to perform certain services subject to the terms and conditions set forth by Via and as stated in a separate agreement between Driver and Via (the “Via and Driver Agreement”); and
WHEREAS wishes to access a Vehicle for the sole purpose of using such Vehicle for carrying passengers for hire under the terms of the Via and Driver Agreement and under the terms and conditions as hereinafter specified,
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants and agreements contained herein and in any accompanying documents, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto hereby agree as follows:
- RENTAL TERM AND PAYMENT AMOUNTS.
- During the Rental Term of this Agreement, which shall be comprised of the Initial Term and any additional Renewal Terms, Driver may use a Vehicle, from time to time, for separate short-term driving periods (each, a “Driving Period”). Each such Driving Period shall be not less than two (2) hours and shall not exceed twelve (12) hours, during which Driver will use a Vehicle as a driver for a Driving Period on Via’s platform, pursuant and subject to the terms of the Via and Driver Agreement. At the commencement of each such Driving Period, the Vehicle shall be picked up by Driver from a location designated by Via from time to time (the “Pickup Location”) and at the end of each such Driving Period, the Vehicle shall be returned by Driver to the Pickup Location, all subject to the terms set forth in the Membership Contract and this Addendum.
- The initial term of this Agreement shall commence on the date on which a Driver is deemed to have accepted the terms of the Membership Contract and this Addendum and shall continue for a period of ninety (90) days thereafter (the “Initial Term”). For the avoidance of doubt, to the extent that, as of the date Driver accepts the Membership Contract and Addendum, any Vehicle is subject to a safety recall, such Vehicle will not be made available to Driver for rental.
- The Initial Term shall automatically renew for additional ninety (90) day periods (each such ninety (90) day period, a “Renewal Term” and together with the Initial Term, collectively, the “Rental Term”). The Rental Term shall continue to automatically renew pursuant to the terms of this Addendum unless the Driver or Zipcar provides written notice to the other Party, at least one (1) day prior to the commencement of any Renewal Term, that such Party does not wish to extend the Rental Term for an additional Renewal Term, (a “Non-Renewal Notice”). For the avoidance of doubt, once Zipcar receives notice that a safety recall affects any of the Vehicles, the Rental Term shall no longer automatically renew until such safety recall is fixed or affected Vehicles are removed from the Via Rental Program. Driver shall comply fully with all safety recall instructions applicable to any Vehicle operated by Driver, including instructions provided by Zipcar, Via, or the vehicle manufacturer.
- Driver shall be charged with an hourly fee based on the length of each Driving Period (“Hourly Payment”) and with other fees specified in the Via and Driver Agreement and in the Membership Contract.
- REPRESENTATIONS. Driver represents, warrants and covenants to the Company that Driver has all licenses, permits and approvals required to perform the for hire services related to the transportation of commercial passengers or delivery or ancillary services under the Via platform and that Driver will perform such services in accordance with, all applicable policies, procedures, standards, codes of conduct, and other terms and conditions of Via and the Company, and all applicable laws, regulations, permits, licenses, administrative pronouncements and court rulings, including without limitation: (i) those governing transportation network companies and drivers utilizing their platforms; (ii). those governing the provision of for hire transportation services at airports; and (iii). those prohibiting discrimination or harassment against any individual by reason of race, creed, color, age, physical or mental disability, national origin, sex, union membership, or any characteristic protected by law, or against any individual who has a visual, hearing or mobility impairment or uses a service animal.
- GENERAL RENTAL PROVISIONS.
- Vehicle Use. Driver will rent the Vehicle exclusively for business and commercial purposes as a commercial car rental solely for carrying passengers for hire as part of the services provided by the platform of Via (“Permitted Use”), all in strict conformity with all the applicable driver rules and regulations of local, state and federal laws, and Driver is specifically forbidden to use the Vehicle for any other purpose other than the Permitted Use, including, but not limited to, (i) for any street hails of any nature at any time, or (ii) for Driver’s personal use, at any time. Subject to the foregoing, and any other terms and conditions hereof, the Driver shall have full and sole responsibility for the management of Driver’s operation of the Vehicle.
- Control of Vehicle. The Vehicle rented herein shall be at all times during any Driving Period under the sole and absolute control of Driver, shall be used solely for the Permitted Use, subject to the rights of the Company as provided herein, and no other third person or entity shall be permitted to operate the Vehicle or conduct any business therewith without the express written permission of the Company (any use of the Vehicle, by Driver or any other person, other than Permitted Use by the Driver, shall be defined as “Unauthorized Use”). Driver shall be responsible for all charges, fees or costs associated with any Unauthorized Use and upon a breach of this Section 2(d), Driver will indemnify, defend and hold harmless, the Company and the Company’s affiliates, and their respective owners, officers, members, managers, employees, agents, consultants, professional advisors and representatives (any or all of the foregoing, “Indemnitees”) from and against, to the fullest extent permitted by law: (a) all claims, actions, suits, proceedings, costs, expenses, damages, losses and liabilities, including without limitation attorneys’ fees and disbursements, arising out of, in connected with, relating to or resulting from the Unauthorized Use of the Vehicle; (b) all loss and damage to each Vehicle during any Unauthorized Use of the Vehicle; (c) all costs and expenses incurred by the Company in performing any obligation of Driver under the Agreement or relating to any Vehicle as a result of the Unauthorized Use of the Vehicle; and (d) The Company’s assessment or exercise of any right or remedy under the Agreement or otherwise after any default by Driver, whether or not the default has been formally declared or a lawsuit has been instituted including without limitation the third-party invoiced repossession cost of repossessing or repairing any Vehicle and collecting any sums owed by Driver in connection with the Unauthorized Use of the Vehicle.
- Rental Payment Obligations. Upon acceptance of the Vehicle, for each Driving Period, the obligation of Driver to pay the Hourly Payments during the Rental Term hereunder is absolute and unconditional. In addition to the Hourly Payments, Driver must pay to the Company any Fees described in this Agreement. For purposes of this Agreement, “Rent” shall be defined as the Hourly Payment due and owing by Driver to Company for the right to operate the Vehicle and shall further include any Fees due by Driver to the Company pursuant to this Agreement. The Rent shall be paid by Driver on a weekly basis as otherwise described herein.
- Payment Using Driver’s Via Account. Driver shall make timely payment of each Rent (including any Fees becoming due under this Agreement) in immediately available funds as set forth herein or as separately invoiced as described in this Addendum. Driver acknowledges and specifically agrees and authorizes Via to withdraw payments owed by Driver to the Company pursuant to this Agreement directly from Driver’s account administered by Via (“Via Account”). Such payments shall be made from any and all amounts available to Driver in Driver’s Via Account, under the Via platform.
- Other Secondary Forms of Payment. In addition to the Via Account, the following methods of payment can be used as a secondary form of payment: i) Credit/Debit Card payment – together with an added % credit card processing fee, (ii) cash. The Driver shall be charged a $ administrative fee for any credit card payment that does not clear or is disputed by the Driver (“Disputed Payment Fee”), provided that in the event the Driver is in full compliance with all the terms of this Agreement and any other agreement with the Company or its affiliates, the Company agrees to waive the Disputed Payment Fee for the first occurrence of a disputed/uncleared payment under this Agreement. Driver acknowledges and agrees that the primary payment method to the Company under this Agreement shall be through Driver’s Via Account and the secondary forms of payment shall be used only in the following events: (i) if Driver does not have available funds in Driver’s Via Account; (ii) if Rent due cannot be timely withdrawn from Driver’s Via Account for any reason; (iii) if Driver requested to use a secondary form of payment and subject to the Company’s specific approval; or (iv) as per the Company’s request, at the Company’s sole discretion. The Driver irrevocably authorizes the Company, during the Rental Term, to collect the Rent, by charging any of the financial accounts (each a “Financial Account”) that Driver has designated for payment, immediately when such Rent becomes due. Driver acknowledges, represents and warrants that Driver is an account holder on each Financial Account that Driver has designated for immediate payment and Driver has actual authority to use each Financial Account, including without limitation, a credit card, debit card or any other payment method with which Driver’s payments are to be made.
- Operation. ONLY DRIVER SHALL OPERATE THE VEHICLE. DRIVER SHALL OPERATE THE VEHICLE IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS, INCLUDING BUT NOT LIMITED TO ANY STATE, LOCAL OR MUNICIPAL LAWS REGULATING FOR RENTAL VEHICLES, DEPARTMENT OF TRANSPORTATION, ENVIRONMENTAL AND MOTOR VEHICLE REGULATIONS. DRIVER SHALL NOT TRANSPORT ANY HAZARDOUS MATERIALS OR CONTROLLED SUBSTANCES HOWEVER DEFINED.
- Driver Behavior and Activities. Driver agrees that as driver of the Vehicle, Driver shall comply at all times with local, state and federal rules, laws and regulations, as amended, applicable to drivers carrying passengers for hire. Driver shall further comply with all terms imposed by Via applicable to Via drivers. This includes, but is not limited to:
- Maintenance of a valid state-issued license or equivalent at all times during the rental. Driver will immediately report to the Company loss or misplacement of license document. The original state-issued license of Driver may be demanded by the Company at any time for review, without prior notice and upon such demand, Driver must present Driver’s license to the Company.
- Driver will report to the Company immediately if any Vehicle equipment or items are broken, inoperable, missing, or damaged. The Company may at any time after such report, direct that the Vehicle be returned or sent for maintenance to correct the reported conditions and Driver shall immediately comply with such demand.
- Driver will not at any time move, remove, deface, or alter any marking, decal, certificate or license plate issued by Department of Motor Vehicles or other government entity. Doing so is immediate default of the Agreement and will result in a fine/fee of $, and may subject Driver to penalties provided by law.
- Driver will not bribe or offer gratuity or attempt to offer bribe or gratuity to any public servant. Any demand by public official for bribe or gratuity will be reported immediately to the Company and relevant governmental entity.
- Driver must not commit or attempt to commit, alone or in concert with another, any act of fraud, misrepresentation or theft.
- Driver agrees not to harass, threaten, or abuse any person while using Vehicle, whether on duty or not.
- Driver agrees not to use physical force against any person while using Vehicle, whether on duty or not.
- Driver agrees to not distract, harm, or use physical force against or attempt to distract, harm or use physical force against a service animal accompanying a person with a disability.
- Driver agrees to cooperate with all law enforcement officers and all authorized representatives.
- Driver agrees to be always courteous to passengers while using Vehicle.
- Driver will not sexually harass passengers while using Vehicle.
- Driver will not engage in sexual activities of any kind in the Vehicle.
- Driver agrees that the Vehicle will not be used at any time to engage in criminal conduct, including, but not limited to, participation in sex trafficking.
- Driver agrees to obey all traffic laws and drive in a safe and courteous manner.
- Driver agrees that they will not engage in conduct likely to create a nuisance, such as engaging in excess horn honking, littering, or playing loud audio material.
- Driver will not make any alterations of any kind to the Vehicle, including adding equipment of any kind, without the express written permission of the Company.
- Driver will immediately report defective safety-related equipment to the Company.
- Driver will immediately report defective air conditioning or heating equipment to the Company.
- Driver agrees to never engage in unlicensed or unauthorized for-hire activity using the Vehicle.
- Driver agrees to conform to any additional requirements or rules imposed by Via and the Company.
- Driver agrees to follow any new relevant laws and rules enacted or enforced after the signing of this contract, even if not specifically enumerated in this contract.
- Driver agrees to not use the Vehicle to transport passengers in excess of twelve (12) hours per twenty-four (24) hour period and not more than sixty (60) hours per seven-day period, which seven-day period shall commence on Monday and terminate on Sunday.
- Other than for use of the Via driver application, Driver agrees to refrain from the use of a telephone or other handheld electronic device while operating the Vehicle unless parked or standing.
- Driver agrees not to smoke or vape in the Vehicle.
- Driver agrees not to lock the rear doors of the Vehicle when there is a passenger present, unless the passenger requests it or the Vehicle automatically locks the rear doors of the Vehicle when driving commences.
- Driver agrees to comply with all reasonable passenger requests.
- Safety Recall Compliance.
- Recall Compliance. Driver agrees to comply fully with all safety recall instructions applicable to any Vehicle operated by Driver, including instructions provided by Zipcar, Via, or the vehicle manufacturer. Driver shall immediately report to Via and Zipcar any notice, warning, or indication that a Vehicle may be subject to a safety recall or safety-related defect.
“Do Not Drive” Recalls. If Driver is notified that a Vehicle is subject to a “Do Not Drive,” “Stop Use Immediately,” or similar recall or safety directive:
- Driver shall immediately cease operating the Vehicle;
- Driver shall park the Vehicle in a safe and lawful location;
- Driver shall promptly notify Via and Zipcar of the Vehicle’s location; and
- Driver shall cooperate fully with instructions for securing, retrieving, or transferring the Vehicle.
Failure to comply with this Section constitutes a material breach of this Agreement.
Prohibition on Vehicle Modifications. Driver shall not, and shall not attempt to:
- remove, disable, or alter any motor vehicle equipment including, but not limited to, seat, seatbelt, airbag, restraint system, sensor, or other safety equipment;
- modify Vehicle configuration in response to a recall or otherwise; or
- perform or authorize any repair or workaround not expressly approved by the vehicle manufacturer, as communicated to Driver by the manufacturer or Zipcar.
Any such action is strictly prohibited and may result in immediate termination of Driver’s authorization to operate Vehicles.