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. Attention: Legal Department 6.3  Vehicles may require Roadside Assistance from time to time. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Would you like to update your location? If your driving/membership plan includes an annual or monthly fee, your initial membership fee will be charged to you within five days of membership approval, regardless of whether you activate your Zipcard, and will only be refundable if you terminate your membership within the first thirty (30) days following membership approval. Zipcar Membership Contract. "Member" or "you": The person registered as the First Member and, unless specifically indicated otherwise in this Contract, each Associate Member. In addition to the termination provisions set forth in Section 8.2 below, Zipcar may terminate this Contract at any time upon no less than thirty (30) days' notice to the Member, in which event Zipcar will, if applicable, refund a prorated portion of the Member's annual membership fee for the year of termination. 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 also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration. 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. 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. 3.3  You will be charged a $3.50 agent reservation charge per call when a Zipcar member services representative makes, extends, updates or cancels a reservation for you. a. Members 21 years of age or older who joined the membership between March 1, 2015 and July 31, 2018, 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 limits of $100,000/$300,000/$25,000 per accident. Occasional Driving Plan: Usually comes with a $25 application fee and $70 annual fee, prorated and refunded if you cancel before a year passes. "First Member": The person designated to receive and pay all fees, charges and other costs associated with membership, including application fees, membership fees, driving charges and other costs or fees as indicated in the Rules and Schedules described below. 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. If the vehicle is available you may, at no additional charge, scan in to take possession of the Zipcar vehicle up to 14 minutes before your reservation start time; you will be charged in thirty (30) minute increments if you scan in more than 14 minutes in advance. Smart moves, wouldn’t you say? 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; Members are subject to fees if evidence of smoking or pets is found in Zipcar vehicles. If you are intending to assert a claim against Zipcar, you must send the written notice of the claim to Zipcar Legal Dept, 35 Thomson Place, Boston, MA 02110. a.  any driving test or similar classes; If you're thinking of joining Zipcar, visit our 'rates and plans' page to see which membership plan is best for you.. 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. 8.3  At the end of your reservation, you must not leave a vehicle in a zone which has parking restrictions. 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. EVP and Wheel Deal plans are optional and may be changed/opted-out of at any time from the Member's account page or by calling 1-866-4ZIPCAR. Capitalized terms used in this Schedule shall have the same meaning assigned to such terms in the Contract. Posted on Sunday, October 18, 2015. Assistance animals are an exception to Zipcar's Rule requiring that pets be transported in locked pet carriers. Should a vehicle be returned late, the reserving Member will be responsible for late fees as described in the Fee Policy. The Schedules are an integral part of this Contract. Please refer to the Zipcar Help Center at https://support.zipcar.com/hc/en-us for additional information on these fees. Damage Fee: If a member is in compliance with all of the terms and conditions of this Contract, including providing all reasonable assistance to Zipcar in the event of any incident, the Member's financial responsibility will be limited to the first $1,000 of damage to the Zipcar vehicle per incident, the ("Damage Fee"). For example, a Member who has violated the member contract will be responsible for all damage and costs incurred as a result of the non-Member's use. 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. What is Arbitration. For past due accounts, Zipcar may also change when payment is due and/or terminate the Member's account. chicago. The arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction. All Members are required to accept and comply with the terms and conditions set forth herein. The parties agree that these charges are a genuine estimate of the costs that are likely to be incurred by Zipcar in the event of the Member taking any of the actions described herein. 3. 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 Member or any third party arising from the use of a Zipcar vehicle, loss or damage incurred by the Member as a result of any claims made by a third party, or loss or damage incurred by the Member 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 a Member (for example, luggage racks, bicycle racks, baby seats and the like; the Member 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 our negligence or failure to carry out our responsibility. If, however, a Member fails to abide by the terms and conditions of this Contract, the third party liability Zipcar provides may not apply, which may make the Member responsible for the full cost of any accident or incident and any damage arising from such accident or incident. Returning to finish the sign-up process? 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. We provide you a fuel card for this purpose. Type in a location above, or select from the list below. Schedule 3: Membership and Driving Rates The term of this Contract shall continue until such time as membership is canceled in accordance with this Section 7. 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. 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. • By joining, you are saving money and becoming more vested in your continuing skincare. With respect to any termination or cancellation of this Contract, the Member shall remain responsible for any fees, costs or expenses incurred prior to termination of this Contract. 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. 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. Zipcar may report to the authorities any use of a Zipcar vehicle or other activities that are in violation of law. 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: Separate of the third party liability described above, Members are responsible for the Damage Fee,  which is a fee of up to the first $1,000 of damage to the Zipcar vehicle per incident, and can be reduced or eliminated with the purchase of an optional Damage Fee Waiver, or DFW. Applicable Law and Rules. 4.3  The key, key fob or other starting device to the vehicle must remain in the vehicle and/or be returned to its designated position within the vehicle at the conclusion of the reservation. Boston, MA 02210 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. 7.1 All breakdowns, accidents or similar incidents involving Zipcar vehicles must be reported to Zipcar immediately by phone to 1-866-4ZIPCAR. If the Class Action Waiver is found to be unenforceable, then the entirety of this dispute resolution provision shall be null and void. Further, 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. We would like to introduce you to FoundersCard. 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. If any such protection described above 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. If you wish to extend a reservation, you may do so only if (i) the vehicle is available for use for the extension period (for example, it is not reserved by another Member), (ii) the request to extend is completed prior to the scheduled expiration time of your existing reservation and (iii) you have sufficient credit/funds available on the credit/debit card used to make the reservation to pay for the extension. Changing Your Membership Plan. Members 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 the Member has purchased a Damage Fee Waiver, or DFW. This Contract is a vehicle-sharing service subscription contract between Zipcar and the Member. Members may also use their own health care coverage in case of injury and any personal injury coverage that the Member has available will be primary over any PIP or no fault coverage Zipcar may provide where allowed by law. Additional driving record/insurance verification, application and/or membership fees may apply for Associate Members. 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. 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. Members may also use their own health care coverage in case of injury and any personal injury coverage that the Member has available will be primary over any PIP or no-fault coverage Zipcar may provide where allowed by law. Telephone calls/texts, email correspondence and social media communications with Zipcar may be recorded or monitored. 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. 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. 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. 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 the drivers family, 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 we furnish are tendered (d) supplementary no fault, noncompulsory uninsured or under-insured motorist coverage, and any other optional or rejectable coverage, and you and Zipcar reject all such coverages to the extent permitted by law. An interior look-over by location – check your local rates before signing.. 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