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zipcar membership agreement

No monthly, annual, application, driving records/insurance verification or similar fee will be refunded in the event of termination by the Member, except as specifically provided in this Contract. 2. On any plan you can book a Flex by the minute, or a Roundtrip by the hour or the day and pay for what you use. 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). play. Members are responsible for providing and maintaining current email, mobile phone, preferred search address, mailing address and other account information. Additional details about this coverage are available on our Help Center here, or on the reservation portal of our mobile app or website. Already have a Zipcar account? You and Zipcar 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. 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. We would like to introduce you to FoundersCard. Gas, secondary insurance, and 180 miles per day are all included in membership. If the Class Action Waiver is found to be unenforceable, then the entirety of this dispute resolution provision shall be null and void. 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 Zipcar agree otherwise. Fees and Costs. Zipcar is the world's largest car sharing and car club service. Zipcar reserves the right to request additional information, such as a copy of a passport or proof of address at any time. MHC recommends that individuals read the membership agreement carefully as … Returning a vehicle late (in addition to the per hour fees for use of the vehicle): $50 ($35 CAD) per late hour or any part thereof, up to a maximum of $150 ($105 CAD) per late return. FoundersCard is a community of more than 20,000 movers, shakers and business owners who enjoy access to exclusive offers from the best brands in travel, business and lifestyle. In some instances, members 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). Under the my membership section, select the Change my plan button to view available options. Attention: Legal Department The Member has the right to contest any damage that Zipcar determines may have occurred while the Zipcar vehicle was reserved under the Member’s account. All Members are required to accept and comply with the terms and conditions set forth herein. Zipcar fuel cards may only be used to fuel Zipcar vehicles and, as provided below, for cleaning the exterior and/or interior of the vehicle, and may not be used for any other purpose. Telephone calls/texts, email correspondence and social media communications with Zipcar may be recorded or monitored. All disputes hereunder shall be resolved solely in the applicable state or federal courts of Massachusetts. Assistance animals are an exception to Zipcar's Rule requiring that pets be transported in locked pet carriers. Due to the high costs associated with providing on-demand vehicles to young drivers, all reservations made by drivers under 25 years of age will include additional young driver fees assessed by the hour or day, as appropriate. University Signs Agreement with Zipcar for Car Sharing on Campus. 7.4  Incidents. The Member also represents that the Member has reviewed and understands the Zipcar Privacy Notice and acknowledges that any information shared by, or collected from or about, the Member may be used by Zipcar in accordance with the terms of the Privacy Notice as it may be amended from time to time. Schedule 2: Fee Policy VAT Registration No - 832428339 Registered Office - Avis Budget House, Park Road, Bracknell RG12 2EW. Other Products. It is an alternative to traditional car rental and car ownership. Be at least 21 years of age; provided, however, that if the Member is a student of a college or university that has separately contracted with Zipcar for services, generally, such Member must be at least 18 years of age; Hold a valid driver's license that authorizes the Member to drive in the jurisdictions in which the Member will use Zipcar vehicles and have a driving history that meets Zipcar's then current. A DFW is not insurance and does not provide or alter insurance coverage. Schedule 3: Membership and Driving Rates Zipcar’s membership contracts provide that consumers are liable for any damage to the rental vehicle that occurs while the car is in their possession – whether they cause the damage or not. 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 utilizing the Zipcar vehicle and certain different or additional fees and policies may apply. f.Circumstances of the incident; and It is strictly forbidden to provide a jump start to any vehicle other than a Zipcar vehicle. Zipcar vehicles must be returned no later than the end time of the reservation and the Member is required to scan out of the vehicle. by putting the wrong type of fuel in a vehicle); (2) have had your membership suspended or terminated by Zipcar; (3) fail to close and lock all windows, doors and trunk and the vehicle is stolen, damaged or vandalized; (4) fail to notify Zipcar immediately after an incident or loss; or (5) fail to pay any other amount due under this Contract. Members charged for such costs shall be entitled to an itemized list of charges. 2.1  Unless otherwise approved by Zipcar, the use of a Zipcar vehicle under the following conditions is prohibited: The rights granted to the Member or Associate Members under this Contract are not assignable or transferable, in whole or in part. If membership fees or driving charges exceed the amount of the redeemed gift card, such fees or charges will be billed to the credit card associated with the member’s Zipcar account according to the membership agreement. 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. The Contracts applicable to all jurisdictions in which Zipcar vehicles may be reserved are available through the Zipcar websites. Posted on Sunday, October 18, 2015. A DFW applies only to the Zipcar vehicles reserved by the Member purchasing the DFW and does not apply to Associate Members or use of Zipcar vehicles which were reserved by another member. Zipcar may impose a fee of $30 in connection with processing any such violations. In case of an incident involving property damage or any third party, the Member must fill out an official police report form, and, if possible, provide a jointly agreed-upon statement, complete Zipcar's incident report form, and obtain the following information: The following disputes and claims are exempt from Sections 10.1-10.7: (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 reservation; and (c) if you are an Entity Member, disputes over the validity of any party’s intellectual property rights. Pre-Dispute Resolution Procedure. c. "Associate Member": Any approved Zipcar Member who is authorized by the First Member to use Zipcar's service under the terms of this Contract. Attention: Legal Department If a Member purchases a DFW and reserves a Zipcar vehicle, Zipcar will waive that Member's responsibility for all or a portion of the applicable Damage Fee, based upon the buy down amount (all or partial) of the DFW purchased. Zipcar will address exceptions to this policy on a case-by-case basis. Zipcar for Business. 3.1 To be eligible for our service, the Member must: 3.2 Satisfying the foregoing criteria does not automatically give an applicant the right to become a Zipcar Member. 4.5 By applying for membership, each applicant authorizes Zipcar to obtain his/her driving records from the jurisdiction in which the applicant is licensed. 8.4  Where a violation, incurred during the Member's Reservation 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/fee on behalf of the Member and add the penalty/fee to the Member's account. You agree that continued use of Zipcar constitutes acceptance of any amended terms and conditions in a revised Contract, which shall be effective and binding on you upon the effective date indicated in such notice or on such other date as Zipcar may designate in its notice. The Member is required to pay all fees and costs incurred (including fees and costs incurred by Associate Members) when due, including, without limitation, application fees, driving record/insurance verification fees, membership fees (which are automatically charged when due), driving charges (including but not limited to mileage overage and surcharge and/or toll fees), sales and other taxes and levies, and other costs and fees as may be detailed in the Rules and Schedules or the Member's driving/membership plan. University Members (Members who are students at school that has contracted with Zipcar for our services) under the age of 21 may only drive vehicles located on their campus and at other locations agreed to and designated by Zipcar and their school. Where any of these coverages are required or implied by law, the limits shall be the minimum required under applicable statute. The Member agrees to pay Zipcar all applicable driving record/insurance verification, application, membership and similar fees associated with the Member's driving/membership plan. Annual and monthly DFWs typically renew automatically. New York City. When using a vehicle, you must follow the owner manual's instructions. Zipcar shall not be held liable for any belongings left in a vehicle or stolen from a vehicle, and the Member agrees not to hold Zipcar responsible for any such belongings, whether of the Member or any third party. 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 Member”), arbitrations shall proceed at a location that the arbitrator selects unless you and Zipcar agree otherwise. The vehicle must be locked (using your Zipcard or a Zipcar mobile application) at all times when it is not in use during your reservation. More countries. 6.1 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. Before reserving a Zipcar vehicle, Members should confirm whether any previously purchased DFW applies to the Zipcar vehicle being used. a.Date, time, and place of incident; Zipcar may immediately suspend or terminate the use of its service by any Member for a violation of any of these Rules. This Contract shall commence upon the acceptance by Zipcar of the Member's completed membership application and the payment by the Member of any applicable fees. In any case, a copy of the policy and/or certificate will be available for your inspection at the main office of our parent company. Monthly DFWs may be opted-out of at any time from a Member's account page or by calling 1-866-4ZIPCAR. Even if your friend is a Zipcar member, they are not allowed to drive a car that you have reserved. Zipcar Membership Contract. Such fees (if applicable) are not refundable, regardless of whether or not the application is accepted by Zipcar or a Member's membership terminates and new verification/application fees may be payable if a new membership application is resubmitted more than thirty (30) days after a Member's account with Zipcar is closed. The minimum period for which a Zipcar vehicle may be reserved is one hour or thirty minutes in certain circumstances. If you're already a member, you can find more information on available plans in your metro by clicking here to navigate to your account page. Zipcar (UK) Ltd - Registration No. Conflicts . Plan costs may also vary by location – check your local rates before signing up. The arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction. 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; 7.5  Investigation and procedure. Members under 21 years of age, and who are permitted to drive under this Contract will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the authorized driver and/or the Member up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. As modified by this Agreement, 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. The protection afforded by Additional Liability Protection is primary to your own policies. The Member agrees to return immediately to Zipcar any vehicle or any other property of Zipcar that the Member has in the Member's possession, including, if requested, all Zipcards. Major Metros. If Zipcar is intending to assert a claim against you, we will send the written notice of the claim to you at your address appearing in our records. All Members are required to accept and comply with the terms and conditions set forth herein. Members are responsible for providing and maintaining current credit card or debit card information on file with Zipcar. Notwithstanding any provision in these this Contract to the contrary, we agree that if Zipcar makes any material change to this arbitration provision, including the deletion of this provision, that change will not apply to any dispute that you had already provided Zipcar notice of in writing. Please note that, as provided in Section 5.1 of the Contract, a Member may be responsible for all applicable damages and costs, including those in excess of the applicable Damage Fee, arising from the Member's failure to comply with the terms of the Contract. |Sign in! Certain membership plans (including for example, monthly plans, Extra Value Plans ("EVP") or Wheel Deal Plans) renew every month. 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 Members are required to fill up gas/diesel powered Zipcar vehicles if the fuel tank drops below one quarter of a tank. 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. If the Member's license is suspended or revoked or becomes invalid, if the Member has any further endorsements or accidents on their driving record or if the Member is convicted of or receives a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, the Member agrees to report such suspension, revocation, changes, conviction or citation to Zipcar promptly. i.  driving a Zipcar vehicle from the US into Mexico or any use of a Zipcar vehicle in Mexico; e. In addition, Members will be charged a $3.50 Agent Reservation Charge for reservations, extensions or cancelations which are made by a Member Services representative and not through the web site, smartphone or our automated phone system, except as provided in the Services for Disabled Members Schedule. Membership Agreement and Terms. 5. Wherever possible it is the Member's responsibility to pay the relevant authorities directly. Be at least 21 years of age; provided, however, that if the Member is a student of a college or university that has separately contracted with Zipcar for services, generally, such Member must be at least 18 years of age; If the law of a jurisdiction covering your reservation requires conditions on the DFW that are different than the terms of this Membership Contract, such as if your liability for ordinary negligence is limited by such law, that law prevails. A Member may terminate membership and all associate memberships upon one day prior notice by calling us at 1-866-4ZIPCAR. Fuel decontamination costs and any other damage or costs (including road side 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. 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. 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 advance notice assists Zipcar staff in accommodating these requests. Monthly DFWs may be opted-out of at any time from a Member's account page or by calling 1-866-4ZIPCAR. YOU AND ZIPCAR AGREE THAT ANY CLAIMS BROUGHT BY YOU OR ZIPCAR WILL BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND WILL NOT BE BROUGHT AS A CLASS, REPRESENTATIVE, COLLECTIVE OR PRIVATE ATTORNEY GENERAL ACTION. How much does Zipcar cost? b. View available plans in your city here.. Join Now. The purchase of a DFW is non-refundable and the DFW will not be applied if the Member has violated any of the terms or conditions of this Contract. Please refer to the Zipcar Help Center at https://support.zipcar.com/hc/en-us for additional information on these fees. Zipcar reserves the right to request additional information, such as a copy of a passport or proof of address at any time. 4.2  Prior to taking possession of a vehicle, you must do an exterior walk-around and an interior look-over. Minimum financial responsibility limits vary by jurisdiction. MHC does not provide any insurance in excess of ZipCar's insurance unless the vehicle is rented for college business. a. Except as otherwise provided in section 9.8 of this dispute resolution provision, in the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, you and Zipcar agree to arbitrate all disputes and claims, including the interpretation and scope of this provision, and the arbitrability of the dispute or claim. Certain provisions of this Contract and the Rules related to your use of Zipcar vehicles and services may vary based upon the jurisdiction in which you reserve or use a Zipcar vehicle. Vehicle-rental/hire companies, service stations, and other businesses that have relationships with Zipcar may require Zipcar Members to present their Zipcard to receive services. 5.2  An "Eligible Expense" is defined as (a) an expense incurred by the Member for minor (under $50) routine maintenance on Zipcar vehicles, 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 are an individual (and not an Entity Member), 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, Zipcar 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.

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