If any term, provision, covenant or condition of this Contract is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Contract had been executed with the invalid portion eliminated. 8.2 Zipcar may also, upon notice to the Member or any Associate Member, immediately terminate this Contract if the Member or any Associate Member (a) fails to pay any sum due under this Contract, (b) fails to comply with any term or condition specified in the Contract or any Rules, (c) is involved in an incident with a Zipcar vehicle that, in Zipcar's reasonable sole discretion, renders the Member or Associate Member ineligible or inappropriate for continued membership, (d) engages in any activities or conduct that Zipcar, in its reasonable sole discretion, determines to be inappropriate, negligent, offensive, abusive or otherwise unacceptable; or (e) is not paying the Member's debts as such debts generally become due, becomes insolvent, files or has filed against the Member a petition (or other document) under any bankruptcy or insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition (or document), proposes any dissolution, liquidation, composition, financial reorganization or recapitalization with creditors, makes a general assignment or trust mortgage for the benefit of creditors, or if a receiver, trustee, custodian or similar agent is appointed or takes possession of any of the Member's property or business. You may review your total estimated reservation cost before you confirm your reservation. e. "Rules": All the rules, guidelines or policies of Zipcar related to a Member's use of the Zipcar service, whether set forth in this Contract, appearing elsewhere on Zipcar's websites or otherwise issued from time to time by Zipcar, including specifically and without limitation those set forth in Schedule 1: Rules for Vehicle Use. 5. It is strictly forbidden to provide a jump start to any vehicle other than a Zipcar vehicle. In addition, Zipcar may at any time require Members to demonstrate compliance with the licensing laws of their jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in their jurisdiction of residence. Members must always reserve a Zipcar vehicle in advance of use and will typically be billed for usage fees at the time of booking your reservation. Any active Zipcar Member in good standing who is authorized to operate a Zipcar vehicle under this Contract is, subject to the Member fulfilling their obligations as set out in this Contract, covered for third party bodily injury and for property damage costs relating to an accident in which the member was validly and legally operating a Zipcar vehicle and for which the Member may be legally liable. For each friend you refer, not only will you receive driving credit, but so will your friend. Damage Fee: Assuming a Member's compliance with all of the terms and conditions of this Contract, the Member's responsibility for the Damage Fee shall be limited to the amount associated with the Member's driving/membership plan and/or the type of Zipcar vehicle used by the Member. A DFW is not insurance and does not provide or alter insurance coverage. By becoming a Member or continuing to be a Member, you are deemed to have accepted and agreed to abide by all of the following Rules and these Rules shall also be deemed to apply to all Associate Members. Please initial the following terms and conditions in the space to the left of each numbered line. Members who do not have a driver's license from the jurisdiction in which they reside must comply with the licensing requirements of such jurisdiction for driving in that jurisdiction. 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 this Contract shall govern. The third party liability provided by Zipcar does not relieve Members of their obligations with respect to the Damage Fee described in Section 5 of this Contract. If payment of any amount due is rejected by the credit or debit card provided by the Member, membership, and the use of Zipcar's services, may be suspended. If you cancel or shorten a reservation outside of the applicable window, you may be subject to certain change or cancellation fees, as further described in the Fee Policy. 6.2  A typical noises or driving feel, including but not limited to warning lamps, indicators, inappropriate or strange engine or other mechanical sounds, performance changes or unusual driving feel, must be reported to Zipcar as soon as noted. Before asserting a claim in any proceeding (including in an individual arbitration or in a small claims proceeding), you and Zipcar agree that we shall give the other party written notice of the claim to be asserted 30 days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. Wherever possible it is the Member's responsibility to pay the relevant authorities directly. "Contract": This Membership Contract and its Schedules, whether made available in print or electronically through Zipcar's websites. Any Member account which is past due will be suspended; however, any reservations booked in advance shall still be charged to the Member if not timely cancelled by the Member. A per reservation DFW applies only to the specific reservation for which it is purchased and is not transferable in any manner. Unless stated otherwise, all remedies provided for in this Contract shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise. 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. A Member is obligated to truthfully and timely complete the incident report form, or Zipcar will have the right to terminate this Contract. See our Fee Policy for other charges that may apply to violations. United States. Failure to notify Zipcar of any such events may lead to the Member not being covered by Zipcar's liability protection when driving a Zipcar vehicle and/or termination of membership. Zipcar UK; Welcome to Zipcar; Membership and Fees ; Membership and Fees Rates and Plans; Fees Overview; Zipcards; Member Contract 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. Any waiver by Zipcar of any covenant, condition, or agreement to be performed by the Member shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Where required by law, we provide 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. Effective: October 5, 2020. Failure to report such irregularities during the use of a Zipcar vehicle may result in the Member's immediate suspension or termination of membership as well as the Member being responsible for any damages resulting from the continued use of the vehicle despite such irregularities. For reservations originating in New York State: In the event a Zipcar vehicle reserved from a location in New York State is damaged while it is reserved under the Member’s account, Zipcar will provide the Member with an incident report form, an estimate of the cost for repairing the vehicle, and the damage fee the Member is obligated to pay, if it is proven that the vehicle was damaged while it was reserved under the Member’s account, pursuant to the terms of this Contract. The third party liability provided by Zipcar does not relieve Members of their obligations with respect to the Damage Fee described in Section 5 of this Contract. Zipcar (UK) Ltd - Registration No. 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. 35 Thomson Place 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. Learn about Zipcar university membership rates and plans. University Signs Agreement with Zipcar for Car Sharing on Campus. Plans come with a 30-day money-back guarantee (free trial). 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. So far so good. Zipcar may assign this Contract to an affiliate or to another entity in connection with a corporate transaction or otherwise. If you'd like to see our membership contract, please click here. 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. Let's get started by creating your account login. All Members are required to accept and comply with the terms and conditions set forth herein. This Contract is a vehicle-sharing service subscription contract between Zipcar and the Member. Certain restrictions apply. 8.2  You must notify Zipcar of any traffic violation notices found on a vehicle at the time of pickup of the vehicle. d. "Contract": This Membership Contract and its Schedules, whether made available in print or electronically through Zipcar's websites. If you perform a jump start to the Zipcar vehicle, you must inform Zipcar immediately. However, Zipcar 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). Use of a vehicle for a period of longer than seven consecutive days may be authorized at Zipcar's discretion and must be arranged with a Zipcar representative. A Member's credit card will be automatically charged monthly or annually, depending upon the DFW selected, when due. No delay or omission by Zipcar to exercise any right or power occurring upon any noncompliance or default by the Member with respect to any of the terms of this Contract shall impair any such right or power or be construed to be a waiver thereof. 10.10 Modification of this Provision. 11.6 Any legal notices or communication required or permitted to be given to the Member shall be in writing and shall be sufficiently given if delivered by email or mailed to the Member at the email or postage address provided to Zipcar in the Member's completed application or as updated by the Member and on file with Zipcar. You may be charged the Damage Fee, a cleaning fee, low fuel fee or other applicable fees, and Zipcar may suspend, or may even terminate, your membership. 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. There is no agent reservation charge when you make, extend, update or cancel reservations yourself by website, smartphone or through our automated phone system (please note that an extension made through SMS service shall not be valid until the Member receives confirmation of the extension from Zipcar by SMS). How much does Zipcar cost? Fees and Responsibilities of the Member. 1. 4.2  Prior to taking possession of a vehicle, you must do an exterior walk-around and an interior look-over. For any violation of Zipcar Rules, Members may be charged a general fee of up to $150 ($165 CAD) per violation. Before reserving a Zipcar vehicle, Members should confirm whether any previously purchased DFW applies to the Zipcar vehicle being used. 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. |Sign in! However, Zipcar 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). Where required by law, we provide 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. d. Zipcar provides Roadside Assistance support as part of our service, and Members are typically required to stay with the vehicle. Notice must be given by phone to a live representative at the local office or at 1-866-4ZIPCAR (voice mails are not acceptable). c.  For a reservation 8 hours or longer, if you cancel less than 24 hours before it is scheduled to start, you will be obligated to pay for the full amount of the reservation, up to a maximum amount of one daily rate (a portion of which may appear on your invoice as a cancellation or change fee and a portion of which may appear as usage fees). Members 21 years of age or older who joined the membership August 1, 2018 or later, 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. 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