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Thank you for your interest in joining Enterprise CarShare! Applying is easy and only takes a few minutes. Please complete all fields in the next few steps as they are required in order to apply for membership.

A few things to note:

  • A valid credit card in your name is required
  • Application fees are non-refundable
  • Please provide your local address where you receive mail
  • Instructional permits (such as learner's permits, provisional/probationary licenses) are not valid for Enterprise CarShare

New Applicant - Member Application Form

Tuesday, December 11, 2018
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Enterprise CarShare® Terms and Conditions


BY ACCEPTING THESE TERMS AT THE TIME OF THE RESERVATION, MEMBER ACKNOWLEDGES THAT MEMBER HAS READ, ARE AWARE OF, ACCEPT FULL RESPONSIBILITY FOR AND ARE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THESE ENTERPRISE CARSHARE TERMS AND CONDITIONS AND THAT MEMBER HAS RECEIVED ALL STATE-SPECIFIC DISCLOSURES AS OUTLINED HEREIN.

 

FOR IMPORTANT STATE-SPECIFIC DISCLOSURES WHICH MAY SIGNIFICANTLY MODIFY THESE TERMS, SEE CHAPTER C.  THESE DISCLOSURES MAY AFFECT THE TERMS OF RENTAL AS THEY RELATE TO THE STATE IN WHICH MEMBER FIRST APPLIED, AS WELL AS RENTALS ARISING FROM USE OF THE MEMBER’S MEMBERSHIP IN OTHER STATES.

 

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION IN CHAPTER B, PARAGRAPH 14, WHICH LIMITS MEMBER’S REMEDIES IN THE EVENT OF A DISPUTE ARISING FROM THESE TERMS.

 

A.   GENERAL

 

1.   Terms and Conditions. These Terms and Conditions, including the Application (also called this “Agreement"), are the entire agreement between Member and the local Enterprise affiliated entity (“Enterprise CarShare”) and will become a binding agreement between Member and Enterprise CarShare, through electronic means, on Member’s acceptance. Member expressly acknowledges that Member and Enterprise CarShare are the only parties to the Agreement.   Enterprise CarShare may, from time to time, give Member: (a) written notice of changes to this Agreement, or (b) an Internet website address where the revised version of this Agreement can be found.  Member may decline such changes by discontinuing Member’s Membership or ceasing any rentals under the Program.  Any changes to this Agreement shall be applicable when published by Enterprise CarShare.  Enterprise CarShare’s continued approval of any person is subject to the use restrictions and timely payment of any applicable Charges, including the Fees and/or penalties, and other approvals as listed below.

 

2.   Definitions. For the purposes of this Agreement and Member’s use of Enterprise CarShare Vehicles, the following terms are specifically defined:

a.    APPLICATION means the form that Member completes during the application process.

b.    AUTHORIZED AREA OF OPERATION means the continental United States, Hawaii, or Alaska.

c.    AUTHORIZED DRIVER means Member, and with Member’s permission, Member’s spouse or domestic partner (same or opposite sex) who meets the minimum age, license and other Enterprise CarShare requirements.

d.    CARSHARE PERIOD means the period between: (i) the time s take possession of or reserve Vehicle for rental, whichever is earlier, and (ii) the time Member return Vehicle to the designated CarShare location and secure Vehicle as required by Enterprise CarShare or the conclusion of the reservation, whichever is later. 

e.    CHARGES means any amount that is owed by and billed to Member and/or Member’s Sponsor by Enterprise CarShare, including but not limited to time and mileage, applicable taxes, and other Fees and amounts as set forth in this Agreement.

f.      DRIVING CREDIT means any amount credited to Member by Enterprise CarShare as part of a promotional offering or to offset Trip Time and Trip Distance charges that Member incur.

g.    ENTERPRISE CARSHARE means the local Enterprise affiliated entity, and its successors and assigns, responsible for locally administering the Enterprise CarShare Car Sharing Program. Under this Agreement, all references to “We”, “Us”, or “Our” will also mean “Enterprise CarShare”.

h.    "MEMBER" means the person identified in the Application as Member and who also meets the minimum age, license and other Enterprise CarShare requirements. Under this Agreement, "Member" shall also include all references to "You" or "Member’s".

i.      MEMBERSHIP PLAN or MEMBERSHIP FEE, which may be referred to as “ANNUAL MEMBERSHIP FEE”, “FIRST YEAR MEMBERSHIP FEE”, or “PLAN FEE”, means an amount, agreed on by Member, paid to Enterprise CarShare on a periodic basis, in return for access to Enterprise CarShare services for a stated period of time.

j.      PROGRAM means the Enterprise CarShare Car Sharing Program as stated in this Agreement.

k.    SPONSOR means any organization that provides individual authorization, access to and support for Member’s use or access to the Enterprise CarShare Car Sharing Program.

l.     VEHICLE means the vehicle reserved or operated by Member or an Authorized Driver and any replacement vehicle(s) provided by Enterprise CarShare.

 

3.   Consent to Electronic Transactions and Communications: By agreeing to become a CarShare member, Member AGREES AND consentS to conduct transactions electronically.  Each time Member reserveS a vehicle, Member also agrees to conduct the transaction electronically.  If Member requires a printed copy of the Application to this Agreement, Member may request one by emailing info@enterprisecarshare.com.  Member may withdraw consent to the foregoing by emailing info@enterprisecarshare.com.  Withdrawal of consent may result in additional Charges for manual processing and signficant delay to membership benefits or use of Vehicles.

 

To the fullest extent permitted by applicable law, this Agreement and any notices or other communications regarding Member’s Profile and/or Member’s use of the Program ("Communications"), may be provided to Member electronically and Member agrees to receive Communications in an electronic form. Electronic Communications may be delivered to the last electronic mail address in Member’s Profile. All Communications in either electronic or paper format will be considered to be in "writing". All Communications will be considered to have been received no later than five (5) business days after dissemination, whether or not Member has received or retrieved the Communications. Although Enterprise CarShare reserves the right to provide Communications in paper format to Member using Member’s most recent postal address in Member’s Profile, Member expressly agrees that any notice due under this Agreement may be given in email form to the email address provided by Member and contained in Member’s Profile. Without limiting anything contained in Chapter A, Section 6 (Member’s Profile), Member expressly agrees that it is Member’s sole responsibility to keep Member’s email address current and up-to-date and that Enterprise CarShare may reasonably assume that any email sent by Enterprise CarShare to the email address in Member’s Profile will be received by Member. Member’s consent to receive Communications electronically is valid until Member revokes Member’s consent by terminating this Agreement.

4.   Qualifications. In submitting an Application and at each Reservation, Member certifies Member is:

a.    Unless otherwise required by law, at least 18 years of age; and

b.    the person whose name appears on a valid bank-issued credit or debit card (no pre-paid debit cards); and

c.    the holder of a valid email and physical address; and

d.    the person whose name appears on a valid driver’s license which is not suspended, confiscated, revoked, expired or otherwise invalid. See Section B, Paragraph 13 for information on Mobility accommodations. If at any time Member’s driver’s license is suspended, confiscated, revoked or expired or there is a change in its status, Member must immediately notify Enterprise CarShare and Member will not be authorized to drive or reserve any Enterprise CarShare Vehicle unless authorized to do so.

e.    Otherwise in compliance with additional Enterprise CarShare Car Sharing Program and/or Sponsor qualification requirements.

 

5.   How to Become a Member. By submitting the completed Application for the Program and accepting this Agreement via our website enterprisecarshare.com, Member submits an offer to Enterprise CarShare to enroll in the Program subject to this Agreement. After assessing Member’s application, We will determine if Member is approved, not approved, or if additional information is needed. If the Application is approved, Enterprise CarShare will send Member an email and confirm Member’s membership. Enterprise CarShare will provide Member with a member card (“Card”). The Agreement terms will be stored by Enterprise CarShare and will be available to Member via our website during the reservation process or on request by sending an email to info@enterprisecarshare.com.

 

6.   Member’s Profile. Member agree to provide Enterprise CarShare with true, current and accurate information in Member’s online Member Profile (“Profile”), including but not limited to Member’s name, address, telephone number, driver’s license information, date of birth, email address, and credit or debit card information. Member agree to promptly update Member’s Profile or otherwise notify Enterprise CarShare if any of the information contained in Member’s Profile has changed. If Member updates Member’s email address on Member’s Profile at any time, Member agrees that Enterprise CarShare may rely on the updated email address for future communications under the Program. If Member’s Card or any credit or debit card listed in Member’s Profile:

a.    is lost, stolen or invalidated,

b.    Member suspect it is being used without Member’s permission, or

c.    expires,

             Member will promptly notify Enterprise CarShare.


Member agrees that it is Member’s responsibility to notify Enterprise CarShare of any such changes and that Enterprise CarShare is entitled to rely on any and all information that Member provide and contained in Member’s Profile as being current and accurate.

 

7.   Transactional Emails. Enterprise CarShare, Our affiliates and/or their agents will provide Member with certain transactional emails as a benefit of membership. Transactional emails will include reservation confirmation emails for reservations made on any of the public websites of Enterprise CarShare’s affiliates and will be sent out immediately after Member places a reservation request. Transactional emails may also include, but are not limited to the following: (a) reservation reminders, (b) a reminder that Member’s online monthly statement is available, (c) toll and citation charges, (d) payment notifications, and (f) notification that Member’s driver’s license or credit card has expired.

 

8.   Payment Method. The credit or debit card on file must be in Member’s name. The card on file must be a bank-issued credit or debit card. When Member places a reservation, Member will prepay for the estimated cost of the trip. Additional time, mileage, and fees will be charged as they are incurred or discovered and applied to the total Charges. Membership Plans renew automatically. If applicable, Member will be charged a Membership Plan fee each year at the start of the month in which Member initially joined Enterprise CarShare. For important additional details, please refer to “Payment(s) by Member” in Section B, Paragraph 2 below.

 

9.   Reservation Cancellation Policy. Member can adjust or cancel a reservation within 60 minutes of the original booking of the reservation without incurring Cancelled Time, as defined in Section B, Paragraph 2(k) below.

 

10.  Privacy. Enterprise CarShare is committed to protecting Member’s privacy. Please review the Enterprise CarShare Privacy Policy, a copy of which is accessible at https://privacy.ehi.com

 

11.  Termination Without Cause. Member may terminate Member’s membership without cause at any time by providing written notice to Enterprise CarShare or contacting Enterprise CarShare.  Enterprise CarShare may terminate Member’s membership without cause upon no less than seven (7) days advance written notice.  Notwithstanding any termination, Member will remain liable for all Charges, including account balances and any damages and penalties, incurred as of the date of termination or upon later discovery by Enterprise CarShare after such termination.  Enterprise CarShare will refund to Member any amounts paid in advance to Enterprise CarShare by or on behalf of Member which are not otherwise needed to satisfy outstanding Charges, as set forth herein.  Any Driving Credits accumulated prior to any termination will be forfeited.  Enterprise CarShare reserves the right to terminate Member’s membership, without notice, if Member does not utilize membership for a vehicle rental for a period of twelve (12) consecutive months.

 

12.  Costs and Charges of Collection. Member agrees to pay any and all costs, fees and expenses (including all attorney and collection fees, not to exceed the maximum allowable by law) incurred by or imposed upon Enterprise CarShare in enforcing any term, condition and/or right against Member under this Agreement, in addition to all other Charges and Fees owed to Enterprise CarShare.  In the event an employer or Sponsor has negotiated on behalf of Authorized Drivers to charge less for any costs, fees, and expenses, the employer or Sponsor’s agreement will supersede the costs, fees, and expenses herein.

 

13.  Conflicts. In the event of any conflict between this Agreement and any other document relating to the Enterprise CarShare Car Sharing Program, this Agreement will control, except as otherwise set forth by Enterprise CarShare in writing.  Terms and conditions as set forth in Chapter C will govern any conflict with the terms and conditions of Chapters A and/or B, to the extent the conflict relates to Membership rules or terms in a particular state or use of a Vehicle in a particular state.

 

14.  Severability. If any provision of this Agreement is determined to be unlawful, contrary to public policy, void or otherwise unenforceable, all remaining provisions will continue in full force and effect. Any such provision will be applied or modified in such a way so as to make it consistent with law or public policy, as applicable.

 

15.  Limitation of Remedy/No Consequential Damages. If Enterprise CarShare breaches any of its obligations under this Agreement and/or if Vehicle has any mechanical failure or other failure not caused by Member and if Enterprise CarShare is liable under applicable law for such breach or Vehicle failure, then Enterprise CarShare’s sole liability to Member and Member’s sole remedy is limited to the substitution of another similar Vehicle by Enterprise CarShare to Member and to Member’s recovery of the pro rata hourly/overnight/daily Charges for the period that Member did not have use of Vehicle or substitute Vehicle. MEMBER WAIVES ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO MEMBER. SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO MEMBER. Member further acknowledges that any personal data or information downloaded or transferred to Vehicle may not be secure and may be accessible after the Rental Period. Member releases Enterprise CarShare from any liability resulting from or otherwise arising out of any such data or information being accessed and/or utilized by a third party.

 

16.  Headings. The headings of the numbered paragraphs of this Application are for convenience only, are not part of these Terms and Conditions and do not in any way limit, modify or amplify the substance of the Terms and Conditions.

17.  Choice of Law.  This Agreement shall be interpreted, construed and enforced pursuant to the laws of the state or province where the Vehicle is located at the initiation of the Car Share Period.  In the event of a dispute, claim or cause of action under this Agreement outside of an individual Vehicle rental, the substantive laws of the State of Missouri will apply without regard to choice of law or conflict of law principles (whether of the State of Missouri or any other jurisdiction).

 

18.  Questions. If Member has any questions about this Agreement or the Enterprise CarShare Car Sharing Program or policies in general, please contact Enterprise CarShare via email at info@enterprisecarshare.com.

 

19.  CONSENT TO DRIVERS LICENSE VALIDATION AND CREDIT VERIFICATION: Member agrees that Member’s eligibility for the Enterprise CarShare Car Sharing Program and Member’s ability to use any Vehicle may be subject to a check, either manually or electronically, of the validity of Member’s driver’s license as may be required by this Agreement or the Enterprise CarShare Car Sharing Program. Such validity checks may be performed:

a)   on receipt of Member’s Application and prior to Member’s membership approval;

b)   At least once annually, to confirm validity; and

c)    in advance of Member’s driver’s license expiration date.


Any issues discovered concerning the validity of Member’s driver’s license could result in Member’s suspension or elimination from the Enterprise CarShare Car Sharing Program.


If applicable, Member authorizes Enterprise CarShare to verify and/or obtain through one or more credit agencies or other sources Member’s driver license status, personal credit and/or insurance information in order to confirm Member’s eligibility for the Enterprise CarShare Car Share Program and/or Car Sharing Period.

If Member wishes to refuse this authorization, then Member must do so by notifying Enterprise CarShare in writing at info@enterprisecarshare.com. Member may also revoke this authorization at any time, by writing to Enterprise CarShare at info@enterprisecarshare.com. Any revocation or refusal may result in suspension or termination from the Enterprise CarShare Car Sharing Program at the sole discretion of Enterprise CarShare. Member may request a hard copy of the Terms and Conditions and other information by writing to Enterprise CarShare at
info@enterprisecarshare.com.

 

B.   CARSHARE PROGRAM DETAILS

 

1.   Ownership/Vehicle Condition/Warranty Exclusion. Member acknowledges that Vehicle is, by ownership, beneficial interest or lease, the property of Enterprise CarShare, even if it is owned, registered or titled to a third party. MEMBER IS RECEIVING VEHICLE “AS IS”. MEMBER AGREES TO INSPECT VEHICLE AND REPORT ANY DAMAGE BEFORE MEMBER BEGINS TO DRIVE VEHICLE. ENTERPRISE CARSHARE EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO VEHICLE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Member will not change Vehicle’s condition in any way. Member agrees to return Vehicle to its designated parking spot on or before the return date and time or on Enterprise CarShare’s demand and in the same condition as Member received it, ordinary wear and tear excepted. If Member decides that Vehicle may be unsafe, Member must stop operating the Vehicle and notify Enterprise CarShare immediately.

 

2.   Payment(s). Member will pay Enterprise CarShare, on demand, the following Charges and Fees and any applicable taxes:

a.    Trip Time, the charges incurred for Member’s CarShare Period. All such Charges will be as calculated and billed to Member by Enterprise CarShare, and may include hourly and daily charges.

b.    Trip Distance, for all miles exceeding any free miles offered to Member for the CarShare Period.

c.    Application Fees up to $75.00, for the costs associated with Member’s application processing.

d.    Periodic Membership or Plan Fees, including First Year Membership Fee, Annual Membership Fee, and Plan Fee. These fees may be charged annually or monthly.

e.    Late Extend Fee of up to $25.00 per occurrence, plus any additional Trip Time Member may incur, for extending a reservation when the extension occurs after the reservation end time.

f.     Late Return Fee of up to $50.00, plus any additional Trip Time Member may incur for returning Vehicle after the reservation end time.

g.    Inconvenience Fee of up to $50.00 if Member’s extension of a reservation or late delivery of Vehicle displaces or cancels the next reservation for that Vehicle.

h.    Low Fuel Fee of up to $50.00 if Member returns Vehicle with less than a 1/4 of a tank of gas. Member is required to return Vehicle with at least a 1/4 tank of gas.

i.     Smoking Fee of up to $50.00, plus costs incurred for cleaning or damage to Vehicle caused by, or otherwise resulting from, Member or Member’s passengers smoking in Vehicle.

j.     Pet Occupancy Fee of up to $50.00, plus costs incurred for cleaning or damage to a Vehicle caused by, or otherwise resulting from, an animal being in Vehicle.

k.    Cancelled Time: If Member cancels or shortens a reservation less than 3 hours before the start of the reservation, Member may be charged Cancelled Time equal to the lesser of 3 hours or the duration of Member’s reservation time. If Member shortens a trip after the start of the reservation, Member may be charged Cancelled Time equal to the lesser of 3 hours or the time remaining in Member’s reservation.

l.     Vehicle Returned Improperly Fee of up to $50.00, plus costs incurred (e.g., towing, retrieval, cleaning costs), for failure to return Vehicle in acceptable condition for the next member, including but not limited to failure to: remove personal items or trash, turn off lights or ignition, leave Vehicle in a clean condition, remove key from ignition, close windows, or return Vehicle to the original assigned parking space.

m.  No Reservation Fee of up to $50.00, plus hourly Charges incurred, if Member accesses or take any Vehicle without a reservation.

n.    Roadside Assistance Fee of up to $50.00, plus costs incurred, when roadside service is required as a result of Member’s error or negligence, such as lock out service, fuel delivery, jump start or flat tire.

o.    Vehicle Not Locked Fee of up to $50.00 if Member fails to return the ignition key fob to its holder in Vehicle’s glove box (where applicable) and lock Vehicle with Member’s member card at the end of the CarShare Period.

p.    Missing Parking Pass or Fuel Card Fee of up to $50.00.

q.    Missing Ignition Key Fee of up to $50.00, plus the cost of key replacement.

r.     Bounced Payment Fee of up to $25.00 for declined credit card charge.

s.    Failure to return member card to Enterprise CarShare when Member’s account is closed, up to $10.00.

t.     Manual billing reconciliation as a result of a wrong member’s card being used when making a reservation, up to $25.00.

u.    Rate Plan Change Fee of up to $25.00 for changing Member’s rate plan more than once in a 12-month period.

v.    Manual Driver License Verification Fee of up to $10.00 when automated verification fails as result of Member’s failure to update Member’s account information.

w.   Member Card Replacement Fee of up to $10.00.

x.    The taxes, fees and other mandatory charges imposed by states, counties and other governmental authorities.

y.    Vehicle License Fee Recovery (“VLF REC”), where applicable and as allowed by law, which is Enterprise CarShare’s charge to recover the estimated average daily cost per vehicle of the charges imposed by governmental authorities on Enterprise CarShare or Our affiliates to inspect, license, title, register and plate all vehicles in its rental fleet in the state or province where Vehicle is registered. The VLF REC is not calculated based on the costs imposed on a particular vehicle.

z.    Expedited Shipping Fees, for the cost associated with shipping materials to Member.

aa. All fines, costs, charges and attorneys’ fees paid or to be paid by Us, Our affiliates or a third party for legal violations, parking, and tolls and the like occurring during the CarShare Period (“Fines, Tolls, and Violations”). Member agrees that Enterprise CarShare, Our affiliates or a third party may pay all Fines, Tolls, and Violations on Member’s behalf without advance notice to Member. Member acknowledges that this payment may undermine Member’s ability to contest those Fines, Tolls, and Violations with the applicable authority. Member agrees that Enterprise CarShare may provide Member’s information to applicable authorities and/or third parties to process payment and/or transfer liability to Member for any such Fines, Tolls, and Violations. Enterprise CarShare, Our affiliates or a third party may assess a fee of up to $25.00 per incident to apply towards all costs incurred in connection with any Fines, Tolls, and Violations and their administration. In addition, Enterprise CarShare, Our affiliates or a third party may assess a fee of up to $3.00 or 10%, whichever is higher, per Toll, in addition to the cost of the Toll, for all toll charges incurred during the CarShare Period, to apply to all costs in connection with any Fines, Tolls, and Violations and their administration.

bb. All amounts paid by Member may be first applied by Enterprise CarShare to Charges and Fees that have accrued over time, before being applied or credited to any Charges yet to be incurred by Member for use of Vehicle during Member’s CarShare Period. 

cc.  Member will keep a valid credit card on file with Enterprise CarShare at all times during Member’s membership in the Enterprise CarShare Car Sharing Program. Member agrees that Enterprise CarShare will, for all Charges and Fees incurred during Member’s CarShare Period and for any amounts specified in Member’s Membership Plan, be authorized to charge and collect any and all Charges and Fees that Member owes, including but not limited to any balances and other amounts in any form that Member owes, against Member’s credit card on file with Enterprise CarShare.

 

3.   Limits on Use and Termination of Right to Use.

 

a.    Member’s ability to use a Vehicle under the Enterprise CarShare Car Sharing Program will be limited in various ways, including but not limited to the following: 

                                              i.    Vehicle will not be driven by any person other than an Authorized Driver.

                                             ii.    Vehicle will not be used in the transportation of persons or property for-hire.

                                            iii.    Vehicle will not be used or operated: for any illegal purpose; in an illegal or reckless manner; in a race or speed contest; to tow or push anything; or for the transportation of explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind or nature except as allowable under law. 

                                            iv.    Vehicle will not be driven by any person under the influence of alcohol, narcotics, intoxicants, or drugs, whether used with or without a prescription.

                                             v.    Vehicle will not be driven or taken outside of the Authorized Area of Operation and will not be driven on an unpaved road or off-road unless approved in writing by Enterprise CarShare for that use.

                                            vi.    Vehicle will not transport more passengers than the number of seatbelts provided by Vehicle’s manufacturer.

                                           vii.    Member will not remove or tamper with any items located in Vehicle, except those that Member owns or as authorized in this Agreement.

                                         viii.    Vehicle will not be operated by anyone who has provided a fictitious name, false address, or false or invalid driver’s license; whose driver’s license becomes, suspended, revoked or invalid any time after he or she is approved for membership; who has obtained the keys to Vehicle without permission of Enterprise CarShare; or who misrepresents or withholds facts to/from Enterprise CarShare that are material to the Enterprise CarShare Car Sharing Program and/or the use or operation of Vehicle.

                                            ix.    If a fuel card is provided to Member, it will only be used to fuel Vehicle during Member’s CarShare Period.

                                             x.    Renter shall not transfer or assign this Agreement and/or sublease Vehicle.

b.    If any of the limits on use or any other provision of these Terms and Conditions are violated, Enterprise CarShare may automatically, without any further notice to Member, terminate Member’s right to use Vehicle and Member’s membership in the Enterprise CarShare Car Sharing Program. Enterprise CarShare will retain all other rights and remedies provided by law, including but not limited to the right to seize Vehicle without legal process and without telling Member in advance. Member hereby waives all claims for damages connected with any seizure of Vehicle, and Member will pay all expenses incurred by Enterprise CarShare in returning Vehicle to Enterprise CarShare.

c.    If Member continues to operate Vehicle after Member’s right to do so is terminated, Enterprise CarShare has the right to notify law enforcement authorities that Vehicle has been stolen. Member hereby releases and discharge Enterprise CarShare from, and agree to indemnify, defend and hold Enterprise CarShare harmless against, any liability arising from such notice and repossession of Vehicle.

4.   Accidents. Any accident, regardless of the circumstance or degree of seriousness, must be immediately reported to Enterprise CarShare. Member will fully cooperate with Enterprise CarShare or its insurer or claim representative(s) in the investigation and resolution of any claims arising during the CarShare Period. If Member does not immediately report any accident and/or cooperate in any investigation and resolution, as set forth herein, Enterprise CarShare may charge Member additional Charges or Fees and/or terminate Member’s membership. Vehicle may be equipped with an Event Data Recorder or similar device (“EDR”) for the purpose of recording data about the operation of Vehicle. To the extent permitted by law, Member consents to Enterprise CarShare or its representatives retrieving and using data from the EDR. REFER TO THE MEMBER GUIDE AND FAQS FOR WHAT TO DO IN CASE OF AN ACCIDENT.

 

5.   Damage to, Loss of or Theft of Vehicle, Optional Accessories and Related Costs. Except to the extent restricted, modified or limited by law, and subject to the retained responsibility limits described in Section B, Paragraph 11, Member accepts responsibility for all damage to, loss of or theft of Vehicle, Optional Accessories or any part or accessory that happens during the CarShare Period, regardless of who was at fault, even if the damage or loss occurred because of an act of God. Member will pay Enterprise CarShare the amount necessary to repair Vehicle. Member will not have Vehicle repaired without permission from Enterprise CarShare. If Vehicle is stolen and not recovered or if Enterprise CarShare determines that Vehicle is salvage, then Member will pay Enterprise CarShare the fair market value of Vehicle immediately before the loss, minus any proceeds received by Enterprise CarShare from the sale of Vehicle. Member is responsible for all towing, storage or impound fees, and other costs incurred by Enterprise CarShare to recover Vehicle and to determine the extent of the damages. Member agrees to pay a sum for loss of use of Vehicle, regardless of fleet utilization, calculated as follows:

a.   if Enterprise CarShare determines that Vehicle is repairable: total labor hours from the repair estimate, divided by 4, and multiplied by either

                           i.      the daily or overnight rate applied to the CarShare Period, if any, or,

                         ii.      the hourly rate billed to Member for the CarShare Period, multiplied by 8.

b.   if Vehicle is stolen and not recovered or if Enterprise CarShare determines that Vehicle is salvage, then: 15 days multiplied by either:

                           i.      the daily or overnight rate applied to the CarShare Period, if any, or,

                         ii.      the hourly rate billed to Member for the CarShare Period, multiplied by 8.

c.    Member also agrees to pay:

                           i.        an administrative fee of $50.00 when the repair estimate is less than $500.00, or $100.00 when the repair estimate is between $500.00 and $1,500.00, or $150.00 if the repair estimate is greater than $1,500.00; and

                         ii.        a sum for diminishment of value if Vehicle can be repaired, calculated as 10% of the repair estimate if the damages are greater than $499.99.

See Chapter C for additional state-specific information on Member’s responsibility for damage to, loss of, or theft of Vehicle.

6.   Responsibility to Third Parties. Enterprise CarShare complies with applicable motor vehicle financial responsibility laws as a state certified self-insurer, bondholder, insured or cash depositor. If Member is in compliance with these Terms and Conditions, then Enterprise CarShare will provide Member with the following:

a.   If Member is 21 years old or older and the Authorized Driver is in compliance with these Terms and Conditions, then Enterprise CarShare will provide Member with liability protection on a non-contributory basis for any and all third party claims and/or liabilities arising out of the use or operation of Vehicle by the Authorized Driver, up to the applicable minimum financial responsibility limits required by law. If the losses exceed the applicable minimum financial responsibility limits, then the Authorized Driver’s insurance carrier may be notified for the purposes of defending the claim and assuming all further costs of defending all third party liability claims. Unless required by law, Enterprise CarShare’s financial responsibility will not extend to any claim made by a passenger while riding in or on or getting in or out of Vehicle. Enterprise CarShare’s financial responsibility will not extend to liability imposed or assumed by anyone under any worker’s compensation act, plan or contract. 

b.   If Member is between 18 to 20 years old, then Enterprise CarShare does not extend any of its motor vehicle financial responsibility or provide insurance coverage to Member or any other Authorized Drivers, passengers or third parties through these Terms and Conditions. If valid automobile liability insurance or other protection is available on any basis to an Authorized Driver or any other driver and that insurance satisfies the applicable state motor vehicle financial responsibility law, then Enterprise CarShare extends none of its motor vehicle financial responsibility to that Authorized Driver or other driver. However, if an Authorized Driver is in compliance with the Terms and Conditions, and if Enterprise CarShare is obligated to extend its motor vehicle financial responsibility, then Enterprise CarShare’s obligation is limited to the applicable minimum financial responsibility limits required by law. Unless required by law, Enterprise CarShare’s financial responsibility will not extend to any claim made by a passenger while riding in or on or getting in or out of Vehicle. Enterprise CarShare’s financial responsibility will not extend to liability imposed or assumed by anyone under any worker’s compensation act, plan or contract.

In the event an employer or Sponsor has negotiated on behalf of Authorized Drivers to require Enterprise Carshare to provide higher levels of protection, the details of such protection will be reflected on Member’s “Program Page”, if available, or from the employer or Sponsor.

 

7.   Indemnification by Member. Member will defend, indemnify and hold Enterprise CarShare, its parent, and affiliates and their respective directors, officers, employees, shareholders, agents, attorneys, assigns and successors-in-interest, harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees, and other expenses incurred by Enterprise CarShare: (a) in any manner from the Enterprise CarShare Car Sharing Program and based on Member’s non-compliance with these Terms and Conditions, or (b) from the use of Vehicle by Member or any other person, including claims of, or liabilities to, third parties. Member will present a claim to Member’s insurance carrier for such events or losses; but in any event, Member will have final responsibility to Enterprise CarShare for all such losses. This obligation may be limited to the extent the waiver of damage responsibility and responsibility to third parties applies as set forth in these Terms and Conditions. REFER TO SECTION B, PARAGRAPHS 6 and 11 for limitations on Member’s indemnification obligation.

8.   Personal Injury Protection and Uninsured/Underinsured Motorist Protection. Except as required by law, Enterprise CarShare does not provide Personal Injury Protection, No Fault Benefits or Medical Payment Coverage (collectively PIP”) or Uninsured/Underinsured Motorist Protection (“UM/UIM”) through this Agreement. If Enterprise CarShare or Enterprise CarShare’s affiliate is required by law to provide PIP and/or UM/UIM, Member expressly selects such protection in the minimum limits with the maximum deductible and expressly waive and reject PIP and/or UM/UIM limits in excess of the minimum limits required by law.  See State-Specific disclosures in Chapter C for important modifications applicable to Member’s state.

9.      Personal Property. Enterprise CarShare is not responsible for any damage to, loss of or theft of any personal property, whether the damage or theft occurs during or after termination of the CarShare Period, regardless of fault or negligence. Member understands and agrees that no bailment is or will be created on Enterprise CarShare, whether actual, constructive or otherwise, for any personal property that may be carried, placed or left in a Vehicle.

10.   Third Party Proceeds. If a third party, including but not limited to an insurance company, approves a payment of any amount owed by Member, Member assign to Enterprise CarShare Member’s right to receive that payment. Only those amounts actually paid by a third party to Enterprise CarShare will reduce the amount that Member owes.

11.   Damage Responsibility. Enterprise CarShare agrees, subject to the exclusions for relief from damage responsibility and the acts or omissions, to contractually relieve Member of responsibility above the retained responsibility, if any, for physical damage or loss to Vehicle during the CarShare Period regardless of cause. Should a vehicle be damaged or lost as a result of Member or an Authorized Driver using or operating Vehicle in a manner as set forth in Section B, Paragraph 11(b)(i-xv) below, Member will be responsible for the full extent of any damage to or loss of a Vehicle to the extent permitted by law. Retained responsibility amount(s): $1000.00, including associated costs, per occurrence.

a.   EXCLUSIONS: Subject to applicable laws, the retained responsibility limit will not apply and Member will be responsible for ALL damages if Vehicle is damaged when it is used or driven:

                                       i.        by anyone other than an Authorized Driver; or

                                     ii.        by anyone impaired by the use of alcohol, narcotics, intoxicants, or drugs, used with or without a prescription; or

                                    iii.        by anyone committing a felony or otherwise engaged in a criminal act; or

                                    iv.        in a race or speed contest or

                                      v.        to tow or push anything; or

                                    vi.        outside the Authorized Area of Operation; or

                                  vii.        by anyone driving with any driver’s license that is suspended, revoked, invalid or does not belong to the driver; or

                                 viii.        to transport persons or property for hire; or

                                    ix.        in a wanton or reckless manner or if Vehicle is deliberately damaged; or

                                     x.        on an unpaved road or off road; or

                                    xi.        to transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind; or

                                  xii.        if Member lies to or deceives Enterprise CarShare about the rental, use, or operation of Vehicle; or

                                 xiii.        if Vehicle’s interior components are stolen or damaged when Vehicle is unlocked or keys are not secured; or

                                 xiv.        if Member fail or refuse to provide Enterprise CarShare, police, or other authorities with a full report of any accident or vandalism involving Vehicle or otherwise fail to cooperate with Enterprise CarShare, police, or other authorities in the investigation of any accident or vandalism; or

                                  xv.      if Vehicle is stolen and Member does not:

a.   prove that the ignition keys given to Member by Enterprise CarShare were not in Vehicle at the time of the theft; or

b.   file a police report within 24 hours after discovering the theft; or

c.    cooperate fully with Enterprise CarShare, police and other authorities in all matters connected with the investigation of the theft; or

d.   Make certain that Vehicle’s ignition is turned off when Vehicle is stolen.

b.   If any of the above exclusions apply, Member accepts responsibility for all damage to, loss of or theft of Vehicle or any part or accessory, regardless of who was at fault, even if the damage or loss occurred because of an act of God, as set forth in Section B, Paragraph 5 above.


In the event an employer or Sponsor has negotiated on behalf of Authorized Drivers to require Enterprise Carshare to provide higher levels of protection, the details of such protection will be reflected on Member’s “Program Page”, if available, or from the employer or Sponsor.  See CHAPTER C for important state-specific disclosures.

 

12.   Adaptive Driving Devices. Enterprise CarShare is committed to providing a range of adaptive driving devices for our members with disabilities. Adaptive driving devices include hand controls, left foot accelerators, spinner knobs, and pedal extenders. Such devices are available at no additional charge. Due to the unique nature of Enterprise CarShare’s services and the fact that adaptive driving devices require installation, to reserve a vehicle with such a device, Member must contact an Enterprise CarShare service representative by phone, available 24 hours a day, at 1-866-225-4284. An Enterprise representative will coordinate with Member regarding the delivery and return of Vehicle. It is important that Member identify his or herself as an “Enterprise CarShare Member” in order to receive the appropriate information regarding the device. While Enterprise CarShare will use good faith efforts to satisfy requests for adaptive driving devices as soon as reasonably practical, we may require up to two to three business days’ notice for vehicles equipped with Adaptive Driving Devices, depending on the location of the Vehicle. Individuals with disabilities who do not have a driver’s license can still rent with Enterprise CarShare when accompanied by a surrogate driver who has a valid driver’s license. Minimum age restrictions and other normal rental qualifications apply, but there is no additional charge for the surrogate driver, and the surrogate driver need not produce a credit card or otherwise be required to meet our financial underwriting requirements. For customer service inquiries relating to customers with disabilities, please call (866) 225-4284, email us at Mobility@erac.com, or TTY us at (866) 534-9270.

 

13.   Telematics Notice and Release. Vehicle may be equipped with OnStar or another vehicle telematics system (“Telematics System”). Some or all Telematics System functionality may or may not be active during the CarShare Period and/or may be deactivated automatically and without warning or notice. Member understands that such systems use wireless technology to transmit data and, therefore, Member’s privacy cannot be guaranteed and is specifically disclaimed by Member. Member authorizes any person to use, disclose or access:

a.    Member’s location information;

b.    automatic crash notification to any person for use in the operation of an automatic crash notification system; and

c.    disable vehicle and

d.    operational condition, mileage, diagnostic and performance reporting of Vehicle as permitted by law.

Member will inform any and all Authorized Drivers and passengers of the terms of this paragraph and that Member has authorized the use, disclosure or access of this information. Member release Enterprise CarShare and agree to indemnify, defend and hold harmless Enterprise CarShare, any operator of the Telematics System, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from: (i) any damage (including incidental and/or consequential damages) to persons (including but not limited to Member, any Authorized Drivers and passengers): or (ii) any damage to property caused by any failure of the Telematics System to operate properly or otherwise arising from the use of the Telematics System by Member, any Authorized Driver or Enterprise CarShare. Use of the Telematics System is subject to the terms and conditions and privacy statement (“Telematics Terms”) posted by the applicable Telematics System provider and/or vehicle manufacturer (in the case of OnStar, Telematics Terms are available at www.onstar.com), which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information, and Member’s responsibilities. By signing this Agreement, Member authorize Telematics Services to be provided in accordance with, and Member agrees to be bound by, the Telematics Terms. Third party service providers are not agents, employees, or contractors of Enterprise CarShare. Vehicles may also record certain driving activities or actions, locations traveled and mileage driven as well as other Vehicle data. Member understand that this data may be recorded and that Enterprise CarShare will be entitled to access it, use it and disclose it to others.

14. MANDATORY ARBITRATION AGREEMENT:  MEMBER AND ENTERPRISE CARSHARE EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS.  MEMBER AND ENTERPRISE CARSHARE AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ENTERPRISE CARSHARE’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR RENTAL VEHICLES.  MEMBER AND ENTERPRISE CARSHARE AGREE THAT NO CLAIMS WILL BE ASSERTED IN ANY REPRESENTATIVE CAPACITY ON A CLASS-WIDE OR COLLECTIVE BASIS, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE OR COLLECTIVE BASIS, AND THAT NO RULES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY.  This Arbitration Agreement is to be broadly interpreted and applies to all claims based in contract, tort, statute, or any other legal theory; all claims that arose prior to or after termination of the Rental Agreement; all claims Member may bring against Enterprise CarShare’s employees, agents, affiliates or representatives; and all claims that Enterprise CarShare may bring against Member.  However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction.  The parties also agree that claims involving a third party insurance company ostensibly providing coverage to Member or any AUTHORIZED DRIVER or the application of Enterprise CarShare’s financial responsibility relating to the use or operation of Vehicle may be brought in a court with valid jurisdiction. 

a.    Procedure.  A party must send a written Notice of Dispute (“Notice”) describing

1.    the nature and basis of the claim; and

2.    the relief sought, to the other party. 

The notice to Enterprise CarShare should be addressed to: CT Corporation, 208 S LaSalle, Suite 814, Chicago, IL  60604 (“Notice Address”).  If Enterprise CarShare and Member do not resolve the claim within thirty (30) days after the Notice is received, a party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this agreement, however, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules.  The AAA rules are available online at www.adr.org.  The arbitration will be confidential and hearings will take place in the federal judicial district of Member’s Rental Location.  

b.    Arbitrator’s Authority:  The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules.  The arbitrator has no authority to join or consolidate claims, or adjudicate joined and consolidated claims.  The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of this agreement, including whether it is void.  Member and Enterprise Carshare agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual party and for a party’s individual claim.

c.     Arbitration Costs:  Member will be responsible for Member’s share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees Member would incur if the claims were filed in court.  Enterprise CarShare will be responsible for all Authorized Driver arbitration fees.  Member is responsible for all other costs/fees that it incurs in arbitration, e.g., fees for attorneys, expert witnesses, etc.  Member will not be required to reimburse Enterprise CarShare for any fees unless the arbitrator finds that the substance of Member’s claim(s) or the relief sought is frivolous.  If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and Enterprise CarShare may seek reasonable attorney’s fees.   Enterprise CarShare will pay all fees and costs it is required by law to pay.

d.    Governing Law and Enforcement:  The FAA applies to this Arbitration Agreement and governs whether a claim is subject to arbitration.  This Arbitration Agreement was drafted in compliance with the laws in all states, however, if any portion of it is deemed to be invalid or unenforceable or is found not to apply to a claim, the remainder of the Arbitration Agreement remains in full force and effect.  Except, if the class-arbitration waiver provision is deemed unenforceable, any class action claim(s) must proceed in a court of competent jurisdiction.

15.   Release of Information to/from Third Parties. Member agrees that Enterprise CarShare may, and Member expressly authorizes Enterprise CarShare to, provide information in Enterprise CarShare’s possession about Member, including but not limited to Member’s name, address and driver’s license information, to: (a) applicable authorities, where asked; and/or (b) applicable authorities or other third parties in connection with Enterprise CarShare’s enforcement of its rights under this Agreement. If applicable, Member authorizes Enterprise CarShare to verify and/or obtain through one or more credit agencies or other sources Member’s driver’s license status, personal credit and/or insurance information in order to confirm Member’s eligibility for the Enterprise CarShare Car Sharing Program and/or CarShare Period.

 

 

C.   LOCATION SPECIFIC DISCLOSURES, NOTICES AND TERMS AND CONDITIONS FOR THE FOLLOWING LOCATIONS:

 

·                     Arizona

·                     Illinois

·                     Missouri

·                     California

·                     Indiana

·                     North Carolina

·                     Colorado

·                     Kansas

·                     New Jersey

·                     District Of Columbia

·                     Louisiana

·                     New York

·                     Florida

·                     Maryland

·                     Pennsylvania

·                     Hawaii

·                     Massachusetts

·                     Utah

·                     Iowa

·                     Minnesota

·                     Wisconsin

Member acknowledges that Member has received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. Member is advised to review this Chapter C before renting or operating Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, Member’s obligations set forth in Sections A or B above. In the event of a direct conflict between Sections A or B of this Agreement and this Chapter C, this Chapter C will control.

FOR CARSHARE PERIODS ORIGINATING IN ARIZONA

THE STATE OF ARIZONA REQUIRES THAT AN ADDITIONAL SURCHARGE OF 5% BE IMPOSED ON EACH MOTOR VEHICLE RENTAL, AND DENOTED ON THE RENTAL CONTRACT AS VEHICLE LICENSING SURCHARGE.

THE OWNER DOES NOT EXTEND ANY OF ITS MOTOR VEHICLE FINANCIAL RESPONSIBILITY OR PROVIDE PUBLIC LIABILITY INSURANCE COVERAGE TO THE RENTER, AUTHORIZED DRIVERS OR ANY OTHER DRIVER. Effective date November 1, 2012

AZ WARNING: 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.

FOR CARSHARE PERIODS ORIGINATING IN CALIFORNIA

WARNING: Operating, servicing and maintaining a passenger vehicle or off-road vehicle can expose Member to chemicals including engine exhaust, carbon monoxide, phthalates, and lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. To minimize exposure, avoid breathing exhaust, do not idle the engine except as necessary, service your vehicle in a well-ventilated area and wear gloves or wash your hands frequently when servicing your vehicle. For more information go to www.P65Warnings.ca.gov/passenger-vehicle.

State-Specific Fee:

For Rentals commencing in California, a percentage charge applies called the tourism commission assessment recovery (TOUR REC) by which Enterprise CarShare recovers the tourism assessment applicable to this rental as permitted by Section 13995.65 of the Government Code.

The Vehicle License Recovery Fee (“VEH LIC RECOVERY”) which is Enterprise CarShare’s charge to recover estimated average daily cost per vehicle for charges imposed by governmental authorities to title, register and plate all vehicles in its rental fleet registered in California. The VEH LIC RECOVERY is not calculated based on the costs imposed on a particular vehicle.

Warning: California Vehicle Code Section 10855 provides the following: “Whenever any person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within five days after the lease or rental agreement has expired, that person shall be presumed to have embezzled the vehicle.”

AUTHORIZED DRIVER means Member, and with Member’s permission, Member’s spouse or domestic partner (same or opposite sex), Member’s employer or co-worker if he or she is engaged in business activity with Member, and who meets the minimum age, license and other Enterprise CarShare requirements.


CALIFORNIA LAW REQUIRES ALL CHILDREN UNDER 8 YEARS OF AGE OR UNDER 4 FEET 9 INCHES TALL TO BE TRANSPORTED IN THE REAR SEAT OF THE VEHICLE IN A CHILD RESTRAINT SYSTEM. THIS AGENCY IS REQUIRED TO PROVIDE FOR RENTAL OF A CHILD RESTRAINT SYSTEM IF MEMBER DO NOT HAVE A CHILD RESTRAINT SYSTEM YOURSELF. Any such device may be provided by an affiliate of Enterprise
CarShare.

Damage to, Loss of or Theft of Vehicle or Optional Accessories and Related Costs. In addition to other obligations under the California Civil Code and California law, and subject to paragraph B.11 above as well as any limitations in California law, Member accept responsibility and will pay Enterprise CarShare, on demand, for: (a) All collision damage to Vehicle even if someone else caused it or the cause is unknown. Member is responsible for the cost of repair up to the fair market value of Vehicle. (b) Theft of Vehicle or damages resulting from the theft of Vehicle if Member or any other Authorized Driver(s) fails to exercise ordinary care of Vehicle during the CarShare Period. Member is responsible for the cost of repair up to the fair market value of Vehicle. (c) The first $500.00 of vandalism damages that are not a direct result of the actual theft of Vehicle. (d) Administrative fees, as established by California Civil Code Section 1939.03(f)6. (e) Towing, storage or impound fees. Member will pay Enterprise CarShare the amount necessary to repair Vehicle or Optional Accessories. If Member is responsible for damages as outlined above, and if Member return Vehicle during nonbusiness hours or to any place other than the agreed location, damages as outlined above occurring prior to an employee of Enterprise CarShare checking in Vehicle are Member’s responsibility. Notwithstanding anything to the contrary and unless prohibited by law. If Optional Accessories are not returned, Member will pay Enterprise CarShare the replacement cost of the Optional Accessories. Member will not have Vehicle repaired without permission from Enterprise CarShare.

CIVIL CODE SECTION 1939.09 NOTICE ABOUT MEMBER’S FINANCIAL RESPONSIBILITY.
Member is responsible for all collision damage to Vehicle even if someone else caused it or the cause is unknown. Member is responsible for the cost of repair up to the fair market value of Vehicle, administrative fees, towing, storage and impound fees. Member is responsible for the first $500.00 of vandalism that is not a direct result of the actual theft of Vehicle. Member will be responsible for theft of Vehicle or damages resulting from the theft of Vehicle if Member or an Authorized Driver(s) fails to exercise ordinary care of Vehicle during the CarShare Period. Member’s own insurance, or the issuer of the credit card used to pay for the car rental transaction, may cover all or part of Member’s financial responsibility for Vehicle. Member should check with Member’s insurance company, or credit card issuer, to find out about Member’s coverage and the amount of the deductible, if any, for which Member may be liable. Further, if Member use a credit card that provides coverage for Member’s potential liability, Member should check with the issuer to determine if Member must first exhaust the coverage limits of Member’s own insurance before the credit card coverage applies.

Enterprise CarShare agrees, except for the exclusions below, to contractually waive Member’s  responsibility above Member’s retained responsibility, for all of the cost of damage to, loss or theft of, Vehicle or any part or accessory and related costs regardless of fault or negligence.

 

EXCLUSIONS: Subject to applicable laws, relief  from damage responsibility will not apply and Member will be responsible for ALL damages if:

a. Damage or loss results from an Authorized Driver(s): (1) Intentional, willful, wanton or reckless conduct (2) Operation of the vehicle under the influence of alcohol or drugs in violation of Section 23152 of the California Vehicle Code, (3) Towing or pushing anything or (4) Operation of the vehicle on an unpaved road if the damage or loss is a direct result of the road or driving conditions.

b. Damage or loss occurs while the vehicle is: (1) Used for commercial hire, (2) Used in connection with conduct that could be properly charged as a felony, (3) Involved in a speed test or contest or in driver training activity, (4) Operated by a person other than an Authorized Driver, or (5) Operated outside of the United States or Canada.

c. Any Authorized Driver(s) has: (1) Provided fraudulent information to the Enterprise CarShare, or (2) Provided false information and Enterprise CarShare would not have rented Vehicle if it had instead received true information.

FOR CARSHARE PERIODS ORIGINATING IN COLORADO

NOTICE REGARDING PHYSICAL DAMAGE TO OR LOSS OF VEHICLE:  Any Retained responsibility amount outlined in B.11 above will not apply and Member will be responsible for the entire cost to repair or replace Vehicle, if damages to Vehicle are caused by Member or an Authorized Driver by:

a. willful and wanton conduct or misconduct;

b. intoxication by alcohol or use of controlled substances as defined in C.R.S. Section 42-4-1301;

c. participation in a speed contest;

d. carrying person(s) or property for hire, or pushing or towing anything;

e. use of Vehicle while committing a misdemeanor or felony or other criminal act;

f.   use of Vehicle by an unauthorized driver, which includes any person not specifically named as an Authorized Driver (s) in this Agreement;

g. supplying information which is false concerning the rental transaction with the intent to defraud Enterprise CarShare;

h. use of Vehicle outside the continental United States; or

i.   any instance whereby, during the rental of Vehicle, the speedometer or odometer is tampered with or disconnected.

 

FOR CARSHARE PERIODS ORIGINATING IN THE DISTRICT OF COLUMBIA

Warning - failure to return this vehicle in accordance with the terms of this Rental Agreement may result in a criminal penalty of up to 3 years in jail.

Pursuant to DC ST § 50-1703(d), 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 will 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 will be properly seated in an installed infant, convertible (toddler) or booster child safety seat, according to the manufacturer’s instructions. A booster seat will only be used with both a lap and shoulder belt. A parent or legal guardian may transport his or her own child without restraint herein 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.

FOR CARSHARE PERIODS ORIGINATING IN FLORIDA

The valid and collectable 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 Florida Statute Section 324.021(7) and Florida Statute Section 627.736

Failure to return rental property or Equipmenty 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 Florida Statute Section 812.155 and/or Florida Statute Section 817.52.

State-Specific Fee:

The Florida State Rental Car Surcharge (SC REC) applies to CarSharing rental days and is imposed by the State of Florida

The Vehicle License Fee Recovery (VLF REC) which is Owner’s charge to recover the estimated average daily cost per vehicle of the charges imposed by governmental authorities upon owner of its affliates to title, register, and plate all vehicles in its/their fleet registered in Florida.  The VLF REC is not calculated based on the costs imposed on a particular vehicle.

FOR CARSHARE PERIODS ORIGINATING IN HAWAII

Member will pay directly to the court, county government or other appropriate government agency any and all fines, costs, monetary assessments, penalties, fees, surcharges, attorney’s fees or other charges for legal violations, parking, tolls, towing, and storage and the like occurring during Member’s Enterprise CarShare Period, on or before any deadlines imposed. In the event Member fails to make payments directly to such entities before applicable deadlines, Member consents to the Owner, Our affiliates or a third party to pay without advance notice thereof, acknowledges that such payment may prejudice Member’s ability to contest such fines, costs, tolls and violations with the applicable authority. Member also consents that Owner may provide Member’s information necessary to applicable authorities and/or third parties to process payment and/or transfer liability to Member for any such Fines, Tolls, and Violations, and may assess a fee of up to $25.00 per incident to apply towards all costs incurred in connection with any Fines, Tolls, and Violations and their administration.

Hawaii law requires children under the age of four to ride in a child safety seat and children ages of four through seven to ride in a child safety seat or a booster seat when traveling in a motor vehicle.

 

Hawaii Law prohibits the operating a vehicle under the influence of an intoxicant. And reminds Member it’s a violation of the law to leave a child unattended in a motor vehicle.  

 

The Vehicle License Fee Recovery (VLF REC) which is the Owner’s charge to recover the estimatedaverage daily cost per vehicle of the charges imposed by governmental authorities upon Owner or its affiliates to title, register and plate all vehicles in its/their rental fleet registered in renting state including excise tax levied on the use of such vehicles.

 

 

FOR CARSHARE PERIODS IN ILLINOIS

 

Damage to, Loss or Theft of, Vehicle and Related Costs. Subject to the limitations set forth in Section 6-305.2 of the Illinois Vehicle Code, which limits the Member’s liability for loss, damage, or theft of the vehicle to the actual and reasonable costs to the Owner for the repair of the Vehicle, or fair market value of the Vehicle whichever is less, Renter accepts responsibility for damage to, loss or theft of, Vehicle, Optional Accessories or any part or accessory, including and without limitation tires and tools, occurring during the Rental Period, regardless of fault or negligence of Renter or any other person or act of God. Under Section 6-305.2 of the Illinois Vehicle Code, the maximum amount the Owner may recover for loss or damage of the vehicle is $16,000 up until May 31, 2014. Thereafter, this amount is subject to an annual increase of $500 on June 1 of each year thereafter.

Renter shall pay the Owner the amount necessary to repair the damaged vehicle, subject to the aforementioned limitations. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner. If the Owner determines the Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds, subject to the aforementioned limitations in Section 6-305.2. For purposes of this Agreement, fair market value shall be the retail value of Vehicle immediately preceding the loss. Liability for theft of the Vehicle is limited to $2,000 except if the Renter or ADD(s) fails to exercise reasonable care while in possession of the Vehicle or the Renter or ADD(s) commits, aids or abets the theft of the vehicle, the Renter is responsible for the actual and reasonable cost of the Vehicle, up to its fair market value, subject to the aforementioned limitations set forth in Section 6-305.2. Renter is responsible for all towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages, subject to the aforementioned limitations in Section 6-305.2. If Vehicle is returned during non-business hours or to any place other than the agreed upon location, any damage to, loss or theft of, Vehicle or Optional Accessories occurring prior to an employee of Owner checking in and inspecting Vehicle is Member’s responsibility. If Optional Accessories are not returned Renter shall pay owner the replacement cost of the Optional Accessories.  

 

Chapter B, paragraph 11 is modified to read:

EXCLUSIONS: Subject to applicable laws, the retained responsibility limit will not apply and Member will be responsible for ALL damages if Vehicle is damaged when it is used or driven:

a. Damage or loss while the rental vehicle is used to carry persons or

property for a charge or fee.

b. Damage or loss during an organized or agreed upon racing or speed

contest or demonstration or pushing or pulling activity in which the rental vehicle is actively involved.

c. Damage or loss that could be reasonably expected from an intentional

or criminal act of the driver other than a traffic infraction.

d. Damage or loss to any rental vehicle resulting from any auto business

operation, including but not limited to repairing, servicing, testing, washing, parking, storing, or selling of automobiles.

e. Damage or loss occurring to a rental vehicle if the rental contract is

based on fraudulent or material misrepresentation by the renter.

f. Damage or loss arising out of the use of the rental vehicle outside the

continental United States when such use is specifically prohibited in the

rental agreement.

g. Damage or loss occurring while the rental vehicle is operated by a driver

not permitted under the rental agreement.

h. Damage or loss occurring while the rental vehicle is operated by a driver under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof and convicted of violating subsection (a) of Section 11-501 of the Illinois Vehicle Code.

 

FOR RENTALS IN INDIANA

 

CHAPTER B, PARAGRAPH 5 SHALL READ:

Damage to, Loss or Theft of, Vehicle, Optional Accessories and Related Costs. Except to the extent restricted, modified or limited by State law, Member accepts responsibility for damage to, loss or theft of, Vehicle, Optional Accessories or any part or accessory occurring during the Rental Period regardless of fault or negligence of Member or any other person or act of God. Member shall pay Owner the amount necessary to

repair Vehicle or Optional Accessories. Member shall not have Vehicle or Optional Accessories repaired without permission from Owner. If Vehicle is stolen and not recovered or Owner determines Vehicle is salvage, Member shall pay Owner the fair market value less any sale proceeds. For purposes of this Rental Agreement, fair market value shall be the retail value of Vehicle as determined in the customary market for the sale of the vehicle.   If Optional Accessories are not returned Member shall pay owner the replacement cost of the Optional Accessories. Member is responsible for all towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages. Member agrees to pay a sum for loss of use, regardless of fleet utilization, calculated as follows: (i) if Owner determines Vehicle is repairable: total labor hours from the repair estimate divided by 4 multiplied by the daily rate; multiplied by 80%, (ii) if Vehicle is stolen and not recovered or Owner determines Vehicle is salvage: 15 days at the daily rate. Member also agrees to pay: (a) an administrative fee of 10% of the repair estimate up to the first $1500.00, plus an additional 7.5% fee for any amount over $1500. If Vehicle is returned during non-business hours or to any place other than agreed upon location, any damage to, loss or theft of, Vehicle or Optional Accessories occurring prior to an employee of Owner checking in and inspecting Vehicle is Member’s responsibility.

 

Chapter B, Paragraph 11 is modified in this way:

EXCLUSIONS: Subject to applicable laws, the retained responsibility limit will not apply and Member will be responsible for ALL damages

a. if Vehicle is damaged when used or driven:

(1) by any person other than Member or AAD(s) without Owner’s prior written consent;

(2) by any person if there is reasonable evidence he or she was intoxicated

or under the influence of an illegal drug;

(3) by any person committing a felony or in connection with conduct that could properly be charged as a felony;

(4) in a race or speed contest, road rally, test or driver training activity;

(5) to tow or push anything;

(6) outside the states authorized on Page 1;

(7) under authority of any license that is suspended, revoked, invalid or does not belong to the driver;

(8) to transport persons or property for hire;

(9) in a wanton or reckless manner or if Vehicle is damaged intentionally or through willful or wanton misconduct;

(10) on an unpaved road or off road;

(11) to transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind; or

b. if Member or any AAD(s) provided Owner with fraudulent or false information and owner would not have rented Vehicle if Owner had received true information; or

c. if damage arises out of vandalism or theft of Vehicle caused by the negligence of Member or AAD(s); or

d. if Vehicle’s interior components are stolen or damaged when Vehicle is unlocked or keys are not secured; or

e. if Member or any AAD(s) fails or refuses to provide Owner, police, or other authorities with a full report of any theft, accident or vandalism involving Vehicle or otherwise fails to cooperate with Owner, police, or other authorities in the investigation of any theft, accident or vandalism.

f. if Vehicle is stolen and Member fails to do any of the following:

(1) return the original ignition keys and Owner’s key tag identifying Vehicle;

(2) file a police report within 24 hours after discovering the theft;

(3) cooperate fully with Owner, police and other authorities in all matters

connected with the investigation of the theft.

 

FOR CARSHARE PERIODS ORIGINATING IN IOWA

Chapter B, Paragraph 5:

Renter accepts responsibility for damage to, loss or theft of, Vehicle, Optional Accessories or any part or accessory regardless of fault or negligence of Renter or any other person or act of God. Renter shall pay Owner the amount necessary to repair Vehicle or Optional Accessories. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner. If Vehicle is stolen and not recovered or Owner determines Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds. For purposes of this Agreement, fair market value shall be the retail value of Vehicle immediately preceding the loss. If Optional Accessories are not returned, Renter shall pay Owner the replacement cost of the Optional Accessories. Damages for which Renter is also responsible include but are not limited to: loss of use regardless of fleet utilization (total labor hours from the repair estimate divided by 8, multiplied by the daily rate), claim administrative fees ($50 if the repair estimate is less than $500, $100 if between $500 and $1499, and $150 if greater than $1500), diminishment of value (10% of the repair estimate if the damages are greater than $499), towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages. If Vehicle is returned during non-business hours or to any place other than the agreed upon return location, any damage to, loss or theft of, Vehicle or Optional Accessories occurring prior to an employee of Owner checking in and inspecting Vehicle is Member’s responsibility

 

FOR CARSHARE PERIODS ORIGINATING IN KANSAS

 

EXCLUSIONS: Subject to applicable laws, the retained responsibility limit will not apply and Member will be responsible for ALL damages if :

(1) Damage is caused intentionally by the lessee or authorized driver or as a result of lessee’s or authorized driver’s willful or wanton misconduct;

(2) damages caused by an authorized driver of the rental motor vehicle driving while intoxicated or under the influence of any illegal or unauthorized drug,

or the combined influence of alcohol and any illegal or unauthorized drug;

(3) damages caused while engaging in any speed contest;

(4) the rental transaction is based on fraudulent information supplied by the renter;

(5) the damage arises out of the use of the vehicle while committing or otherwise engaged in a criminal act which would be a felony in which the automobile usage is substantially related to the nature of the criminal activity;

(6) the damage arises out of the use of the vehicle to carry persons or property for hire;

(7) the damage occurs while the vehicle is operated by a person other than an authorized driver;

(8) the damage arises out of the use of the vehicle outside of the United States unless such use is specifically authorized by the rental agreement;

(9) towing or pushing anything or if operation of the vehicle is off road; and

(10) loss due to the theft of the rental vehicle. However, the lessee shall be presumed to have no liability for any loss due to theft if:

(A) An authorized driver has possession of the ignition key furnished by the lessor, proof that the keys to the rental motor vehicle were taken by duress or an authorized driver establishes that the ignition key furnished by the lessor was not in the vehicle at the time of the theft; and

(B) an authorized driver files an official report of the theft with the police or other law enforcement agency within 24 hours of learning of the theft and reasonably cooperates with the lessor and the police or other law enforcement agency in providing information concerning the theft.

 

FOR CARSHARE PERIODS ORIGINATING IN 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.

 

Chapter B, Paragraph 11 is modified as follows:

EXCLUSIONS: Subject to applicable laws, the retained responsibility limit will not apply and Member will be responsible for ALL damages if :

 

a. Damages caused intentionally by the Renter or as a result of his willful or wanton misconduct.

b. Driving while intoxicated or under the influence of any drug, or the combined influence of alcohol and any drug.

c. Damages caused while engaging in any speed contest.

d. Damages caused while using the vehicle to push or tow anything, or using the vehicle to carry persons or property for hire, unless authorized by the Owner.

e. Damages incurred while driving outside the geographical limitations set forth in the contract.

f. Damages incurred while the vehicle is driven, with Member’s permission or accession, by anyone other than a person authorized under the contract to drive the vehicle.

g. The vehicle was leased or an authorized driver approved as a result of fraudulent information provided to the Owner.

h. Damage caused while committing or as a result of commission of a felony.

i. If Renter or AAD(s) continues to operate Vehicle after the right to do so is terminated: Owner has the right to notify police Vehicle has been stolen; Renter and AAD(s) hereby release and discharge Owner from any liability arising from such notice; Owner has the right to cause Vehicle to be seized under applicable state law.

 

 

FOR CARSHARE PERIODS ORIGINATING IN MARYLAND

If vehicle is a replacement vehicle as defined in Section 17-104 of the Maryland Transportation Code, the liability insurance coverage on the vehicle being replaced (Member’s/Authorized Driver’s vehicle) is primary, and any liability coverage Enterprise CarShare provides on vehicle is secondary.

FOR CARSHARE PERIODS ORIGINATING IN MASSACHUSETTS

Paragraph B.11 above is replaced by the following language:
NOTICE: Retained responsibility amount(s): $1000.00, including associated costs, per occurrence.
EXCLUSIONS:  Relief from damage responsibility does not apply, and Member will be responsible for:

        a. Damage or loss was caused intentionally, willfully or wantonly by an authorized driver;

        b. Damage or loss occurring while an authorized driver operates 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;

        c. Damage or loss caused while an authorized driver is engaging in any speed contest;

        d. Damage or loss caused while an authorized driver is using the vehicle to push or tow anything or using the vehicle to carry persons or property for hire, unless expressly authorized in the rental agreement;

        e. Damage or loss incurred while an authorized driver is driving outside the United States or Canada, unless expressly authorized in the rental agreement;

        f. Damage or loss incurred while the vehicle is driven, with the Member’s permission or accession, by anyone other than an authorized driver;

        g. Damage or loss incurred after the private passenger automobile was rented or an authorized driver was approved as a result of fraudulent information provided to Enterprise CarShare;

        h. Damage or loss incurred as a result of commission of a felony by an authorized driver.

In those circumstances within Member’s retained responsibility limit or where exclusions apply, Member accept responsibility for damage to, loss of, or theft of the vehicle or any accessory regardless of fault or negligence of Member or any other person or act of God. Member shall pay Us the amount necessary to repair the vehicle.  Member shall not have the vehicle repaired without written permission from Us.  If the vehicle is stolen and not recovered or We determine that the vehicle is salvage, Member shall pay Us the fair market value less any sale proceeds.  Damages for which Member is also responsible include but are not limited to: loss of use, claim administrative fees (as set forth in Member Policies from time to time), diminishment of value, towing, storage or impound fees, attorney’s fees, and other costs incurred by Us to recover the vehicle and to establish damage amounts.  Regardless of actual fleet utilization, in the case of vehicle damage, loss of use shall be the sum of the number of repair hours multiplied by four times the daily rental rate, or, if the vehicle is not recovered or is salvage, the sum of fifteen times the daily rate.  Diminishment of value shall be calculated as ten percent (10%) of the repair estimate if such estimate is $500 or more. 

FOR CARSHARE PERIODS ORIGINATING IN MICHIGAN

Section 257.401 of the Michigan Compiled Laws provides that the rental vehicle owner is liable only up to $20,000 because of bodily injury or death to one per­son in any one accident and $40,000 because of bodily injury or death to two or more persons in any one accident, and only if the rented vehicle is operated by the MEMBER, other authorized driver, or by the Member’s spouse, father, mother, brother, sister, son, daughter, or other immediate family member. And, that the MEMBER may be liable to the owner up to these amounts and to an injured person for amounts awarded in excess of these amounts.


FOR CARSHARE PERIODS ORIGINATING IN MINNESOTA

The Minnesota Registration Fee (MNREGFEE) which is a fee imposed by the state of Minnesota for the registration of rental cars. The Minnesota Registration Fee is not a tax and is not calculated based on the costs imposed upon a particular vehicle.

MINNESOTA RETAINED RESPONSIBILITY LIMIT FORM: 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.

Chapter B, Paragraph 11 is modified as follows:

The following shall invalidate the retained responsibility limit and accordingly damage and loss resulting or arising from such actions are excluded from and not covered by the retained responsibility limit:

a. Damage or loss that results directly from the intentional, reckless, willful, or wanton misconduct of Member or AAD(s) in the operation of Vehicle;

b. Damage or loss that results directly from Member or AAD(s) operation of Vehicle while legally intoxicated or under the influence of any illegal drugs, as defined or determined under the laws of the state in which the damage or loss occurred;

c. Damage or loss that results directly from Member or AAD(s) operation of Vehicle to tow or push cargo or any other object;

d. Damage or loss arising out of the operation of Vehicle for any commercial purpose;

e. Damage or loss arising out of the use of Vehicle in the commission of a criminal activity that is classified as a felony under the laws of the state in which the criminal activity occurred;

f. Damage or loss arising out of the operation of Vehicle in any speed test, speed contest, or driver training activity;

 g. Damage or loss arising out of the operation of vehicle outside the United States or Canada;

h. Damage or loss arising out of the operation of Vehicle by Renter or AAD(s) who submitted fraudulent or false information to Owner;

i. Damage or loss arising out of the operation of Vehicle by an unauthorized driver;

j. Damage or loss that occurs as a result of continued operation of Vehicle when such operation would cause dam¬age to Vehicle.)

FOR CARSHARE PERIODS ORIGINATING IN MISSOURI

Chapter B, Paragraph 11 is modified as follows:

a.         EXCLUSIONS: Subject to applicable laws, the retained responsibility limit will not apply and you will be responsible for ALL damages if:

i. The damage is caused intentionally by an Authorized Driver or as a result of the driver’s willful and wanton misconduct;

ii. The damage arises out of the authorized driver’s operation of Vehicle while intoxicated or under the influence of any illegal or unauthorized drug;

iii. The Agreement is based on fraudulent information supplied by Member;

iv. The damage arises out of the use of Vehicle while committing or otherwise engaged in a criminal act in which the vehicle usage is substantially related to the nature of the criminal activity;

v. The damage arises out of the use of Vehicle to carry person or property for hire;

vi. The damage occurs while the vehicle is operated by a person other than an Authorized Driver. For the purposes of this Paragraph, “authorized driver” means the (a) Member, (b) the Member’s spouse if the spouse

is a licensed driver and satisfies Enteprise CarShare’s minimum age requirement; (c) the Member’s employee or co-worker if they are engaged in business activity with the person to whom the vehicle is

rented, are licensed drivers, and satisfy Enteprise CarShare’s minimum age requirements; (d) any person who operates the vehicle during an emergency situation; and (e) any person expressly listed by Enterprise CarShare on the Member’s contract as an Authorized Driver.

vii. The damage arises out of the use of Vehicle outside the United States unless such use is specifically authorized by the Agreement;

viii. The damage arising from towing or pushing anything or if the operation of Vehicle on an unpaved road has resulted in damage or loss which is a direct result of the road or driving condition;

ix. The damage or loss is due to the theft of Vehicle. However, Member shall have no liability for any loss due to theft if;

(1) An authorized driver has possession of the ignition key furnished by Enterprise CarShare or an authorized driver establishes that the ignition key furnished Enterprise CarShare was not in Vehicle at the time of the theft, and

(2) An authorized driver files an official report of the theft with the police or other law enforcement agency within 24 hours of learning of the theft and reasonably cooperates with Enterprise CarShare and the police or other law enforcement agency in providing information concerning the theft.

 

FOR CARSHARE PERIODS ORIGINATING IN NEW JERSEY


To the extent that New Jersey law is applicable, this Agreement will be construed in accordance with New Jersey law.

Payment(s) by Member.  See Member Policies page at https://www.enterprisecarshare.com/us/en/policies/mem-policies.html for Member’s program’s specific fee amounts.  In addition to items referenced in Chapter B. Paragraph 2, Member shall pay Us, on demand, the following and any applicable taxes and fees:

bb.         Domestic Security Fee (DOMSECFE)

cc.          For damage to, loss or theft of Vehicle or Optional Accessories, including all related costs (see paragraph 7),; provided, however, unless resulting from Our negligent, reckless or intentional acts. The foregoing shall not release Us from any implied warranty of fitness applicable under New Jersey law.

The foregoing provisions set forth in Chapter B paragraphs 2(a) – (aa) and Chapter C (bb) – cc) noted above are enforceable in New Jersey

Damage to, Loss or Theft of, Vehicle, Optional Accessories and Related Costs. Except to the extent restricted, modified or limited by Chapter B. paragraph 11 herein or by State law, Member accepts responsibility for damage to, loss or theft of, Vehicle, Optional Accessories or any part or accessory occurring during the Rental Period regardless of fault or negligence of Member or any other person or act of God, provided, however, unless resulting from Our negligent, reckless or intentional acts. The foregoing shall not release Us from any implied warranty of fitness applicable under New Jersey law. Member shall pay Us the amount necessary to repair Vehicle. Member shall not have Vehicle repaired without permission from Us. If Vehicle is stolen and not recovered or We determine Vehicle is salvage, Member shall pay Us the fair market value less any sale proceeds, subject to the retained responsibility amount outlined herein. For purposes of these Terms and Conditions, fair market value shall be the retail value of Vehicle immediately preceding the loss. Member is responsible for all towing, storage or impound fees, and other costs incurred by Us to recover Vehicle and to establish damages. Member agrees to pay a sum for loss of use, regardless of fleet utilization, calculated as follows:

a.            if Our determines Vehicle is repairable: total labor hours from the repair estimate, divided by 4 , and multiplied by either

i.the  daily or overnight rate applied to the Car Share period,  if any, or,

ii.the hourly rate billed to the Member for the Car Share period, multiplied by 8.

b.            if Vehicle is stolen and not recovered or We determine Vehicle is salvage: 15 days multiplied by either

i.the daily or overnight rate applied to the Car Share period,  if any, or,

ii.the hourly rate billed to the Member for the Car Share period, multiplied by 8.

c.             Member also agree to pay:

i.an administrative fee of $50.00 when the repair estimate is less than $500.00 or $100.00 when the repair estimate is between $500.00 and $1,500.00 or $150.00 if greater than $1,500.00;

ii.a sum for diminishment of value if Vehicle is repairable calculated as 10% of the repair estimate if the damages are greater than $499.

Child Safety Seats

Notice: New Jersey has state specific child safety seats laws. Member is responsible for supplying a child safety seat or renting one from Us.   (1) Children under two years old who weigh less than 30 pounds are to be secured in a rear facing child passenger restraint system equipped with a five-point harness;

(2) Children under four years old who weigh less than 40 pounds are to be secured in a rear facing child passenger restraint system, equipped with a five-point harness until they outgrow the height or weight limitation imposed by the manufacturer of the restraint system, or in a forward facing child passenger restraint system equipped with a five-point harness;

(3) Children under eight years old who are less than 57 inches in height are to be secured in a forward facing passenger restraint system which is equipped with a five-point harness, until they outgrows the height or weight limitation imposed by the manufacturer of the restraint system, or in a rear seat, in a booster seat.

If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system. But if the vehicle without rear seat is equipped with a passenger-side airbag, the bill prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off.

Personal Property: With respect to residents of New Jersey, We are not responsible for any damage to, loss or theft of Member’s personal property or data contained therein, whether the damage or theft occurs during or after termination of the rental, unless such damages or injuries are the result of Our negligent or reckless acts.  The foregoing shall not release Our from any implied warranty of fitness applicable under New Jersey law.

For CarShare Member rentals originating in New Jersey, Responsibility to Third Parties.  The financial responsibility of Us is equivalent to the minimum amounts by the compulsory liability insurance law of the state in which the vehicle is operated. It is expressly agreed and understood that the Uss financial responsibility provided by Us pursuant to this agreement shall be excess over any other collectible insurance. In the event that there is other collectible insurance which by its terms is also excess, and/or Us is required to make any liability payment, Our share of any bodily injury and property damage claims or payments is the proportion that Our minimum financial responsibility limits bears to the total of all applicable limits. Member agrees to defend, indemnify, and hold Us harmless from any claims, liabilities, costs, and expenses arising from Member’s use, operation or possession of the rental vehicle. Our financial responsibility shall not extend to liability imposed or assumed by anyone under any worker’s compensation act, plan or contract.

For CarShare Member Rentals originating in New Jersey:  Indemnification by Renter.  Member shall defend, indemnify and hold Us harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Us in any manner from this rental transaction, or from the use of Vehicle or Optional Accessories by any person, including claims of, or liabilities to, third parties. Member may present a claim to Member’s insurance carrier for such events or losses; but in any event, Member shall have final responsibility to Us for all such losses.

Limitation of Remedy/No Consequential Damages:
If We breach any of its obligations under this Agreement and/or if Vehicle has any mechanical failure or other failure not caused by Member or Additional Drivers and if We are liable under applicable law for such breach or Vehicle failure, Our sole liability to Member and Additional Drivers and Member’s and Additional Drivers’ sole remedy is limited to the substitution of another similar Vehicle by Our to Member and to recovery by Member of the pro rata daily rental rate for the period in which Member or Additional Drivers did not have use of Vehicle or substitute Vehicle. MEMBER AND ADDITIONAL DRIVERS WAIVE ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO MEMBER OR ADDITIONAL DRIVERS. SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO MEMBER OR ADDITIONAL DRIVERS. The foregoing does not waive Member’s and/or Additional Driver’s claims in New Jersey based upon personal injuries that result from Our negligent, reckless or intentional acts, and does not release Us from any implied warranty of fitness applicable under New Jersey law. Member further acknowledges that any personal data or information downloaded or transferred to Vehicle may not be secure and may be accessible after the Rental Period. Member releases Enterprise CarShare from any liability resulting from or otherwise arising out of any such data or information being accessed and/or utilized by a third party; provided, however, that the foregoing shall not apply if such access or use is the result of Our negligent, reckless or intentional acts.

15. Severability. If any provision of this Agreement is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect; provided, however, this provision does not apply in New Jersey, but to the extent that New Jersey law is applicable, this Agreement will be construed in accordance with New Jersey law.

FOR CARSHARE PERIODS ORIGINATING IN NEW YORK

For Car Sharing in New York, Chapter B, paragraph 5 reads:
Damage to, Loss or Theft of, Vehicle, Optional Accessories and Related Costs. Member accepts responsibility for all damage to, and loss or theft of, Vehicle, Optional Accessories, and any other part or accessory occurring during the Rental Period, regardless of fault or negligence of Member or any other person or act of God, to the extent permitted by applicable law, including (i) physical damage to Vehicle (including any part or accessory); (ii) mechanical damage to Vehicle(including any part or accessory) related to an accident; and (iii) physical and mechanical damage to, and loss or theft of, Optional Accessories. Member also accepts responsibility for loss of Vehicle due to theft occurring during the Rental Period if it is established Member or AAD(s) failed to exercise reasonable care, or aided or abetted in the commission of the theft of Vehicle. Member shall provide notice to Owner or appropriate law enforcement agency within twelve hours of learning of the theft of Vehicle. Member is not responsible for normal wear and tear except in the case of abuse or neglect. The total liability of Member for which Member agrees to pay Owner for damage to, loss or theft of, Vehicle shall not exceed the lesser of: the actual and reasonable costs that the Owner incurred to repair Vehicle or that the Owner would have incurred if the Vehicle had been repaired, which shall reflect any discounts, price reductions, or adjustments available to the Owner; or if Owner determines Vehicle is salvage or Vehicle is stolen and not recovered, the fair market value of the Vehicle immediately before the damage occurred, as determined in the applicable market for the retail sale of the Vehicle, less any net disposal proceeds. Damages for which Member is also responsible include but are not limited to: towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages. If Optional Accessories are not returned Member shall pay Owner the fair replacement value of the Optional Accessories. If Vehicle is returned during non-business hours or to any place other than designated parking spot from which it was first possessed by Member, any damage to Vehicle or Optional Accessories, or loss or theft of Optional Accessories, occurring prior to an employee of Owner checking in and inspecting Vehicle is Member's responsibility. Owner will not hold Member liable for any amounts that are recovered from any other party or for damages incurred by Owner for the loss of use of Vehicle and related administrative fees. Upon the request of Member, Owner shall submit any claims to Member's insurance carrier and will negotiate with Member's insurance carrier.

Right to Inspect: Failure to completely and accurately fill out and return an incident report within 10 days of receipt of notice may make Member liable for damages sustained to Vehicle. EXCEPT where the damaged Vehicle is deemed to be a total loss and subject to salvage, Member or his or her insurer has 72 hours from the return of Vehicle to notify Owner that he/she wishes to inspect the damaged Vehicle. The inspection must be completed within 7 business days of the return date of Vehicle. If Member or his/her insurer does not request this inspection within the 72-hour period, Member or his/her insurer will be deemed to have waived this right. If Owner determined the damaged Vehicle to be a total loss and subject to salvage, such 72-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 10 business days from Member's receipt of an incident report form and notice from Owner. Upon request of Member or his/her insurer, Owner will provide (i) the identity of the repairer of, and provide access to, the damaged Vehicle in order to verify the nature and extent of damages, repairs and repair costs, and/or repair estimates; and (ii) a copy of Owner's estimate of the costs of repairing the damaged Vehicle. Twenty days prior to commencing an action against Member, Owner will provide Member an additional opportunity to provide the incident report by providing a second notice along with another incident report by certified mail, return receipt requested, and another copy of such notice and report by regular mail, with proof of mailing by production of a certificate of mailing; and if Member provides Owner with a completed incident report within fifteen days of the receipt of the notice, the applicable provisions of the NY General Business Law shall be satisfied. Member's rights and responsibilities hereunder may apply to other "authorized drivers" as such term is defined in section 396-z of the NY General Business Law. Such "authorized drivers" and Member is directed to section 396-z of the NY General Business Law for any further details regarding the nature and extent of his or her liability hereunder and the extent of his or her rights and responsibilities.

For Car Sharing in New York, Chapter B, paragraph 6 reads: Enterprise CarShare purchases no third-party insurance covering this rental, but provides its Members and authorized drivers with minimum liability coverage, as required by the New York Vehicle and Traffic Law. Those coverages are: $25,000 per accident for bodily injury to one individual/$50,000 per accident for bodily injury to more than one individual; $50,000 per accident for the death of one individual/$100,000 per accident for the death of more than one individual; $10,000 per accident for injury to or destruction of property. In addition, to the extent required by law, Enterprise CarShare will defend the Member and authorized drivers from all claims of third parties alleging bodily injury, death or property damage arising out of the operation of the rental vehicle.

  1. Owner's Financial Responsibility, Unless Law Requires, Does Not Extend to: (a) Injuries to the Member, driver, or passengers while riding in, alighting from, entering or on Vehicle. (b) Liability imposed upon or assumed by anyone under any worker's compensation act, plan or contract. (c) Bodily injury or property damage occurring while the Vehicle is used as a commercial vehicle or for a commercial purpose. (d) Any property owned or rented by or in the care of the Member. (e) Any bodily injury that is caused intentionally by or at the direction of the Member or Authorized Driver(s). (f) Any bodily injury to an employee of Member or Authorized Driver(s) that occurs during the course of employment. (g) Any bodily injury that occurs while the Vehicle is being used or operated to carry persons or property for a fee; and (h) Any bodily injury that occurs while the vehicle is being used or operated by the Member or Authorized Driver(s) in the business of selling, repairing, servicing, storing or parking of vehicles.
  2. Unless required by law, Liability Protection described above excludes any protection afforded under: first party benefits; personal injury protection; medical payments; no-fault; and uninsured or underinsured motorist. No coverage described herein is provided for physical damage to, or theft of, the Enterprise CarShare Vehicle or the contents thereof. Uninsured/Underinsured Motorist Protection is neither contemplated, nor provided, as part of this Agreement. 

FOR RENTALS ORIGINATING IN NEW YORK, Chapter B, section 11 reads:

A violation of the contract shall exist and customer will be responsible for all damage to or loss of the vehicle, without regard to retained responsibility limits indicated in Chapter B, paragraph 11, if any of the following situations apply:

a. the damage or loss is caused intentionally or as a result of willful, wanton, or reckless conduct of the driver;

b. the damage or loss arises out of the driver's operation of the vehicle while intoxicated or impaired by the use of alcohol or drugs;

c. the rental vehicle company entered into the rental transaction based on fraudulent or materially false information supplied by the Renter or authorized driver;

d. the damage or loss arises out of the use of the vehicle while engaged in the commission of a crime other than a traffic infraction;

e. the damage or loss arises out of the use of the vehicle to carry persons or property for hire, to push or tow anything, while engaged in a speed contest, operating off road, or for driver's training;

f. the damage or loss arises out of the use of the vehicle by a person other than: an authorized driver; a duly licensed parent or child over the age of eighteen thereof who permanently resides in the same household; or a parking valet or parking garage attendant for compensation and in the normal course of employment;

g. the damage or loss arises out of the use of the vehicle outside of the continental United States and Canada when that use is not specifically authorized by the Agreement;

h. the authorized driver has failed to comply with the requirements for reporting damage or loss as set forth in the Agreement.

For CarShare Member Rentals originating in New York Indemnification by Renter. Renter's Indemnity Provision: Member shall defend, indemnify, and hold Owner or its affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner or its affiliate(s) arising from any bodily injury or property damage claim presented by any third party for all amounts in excess of the minimum dollar amounts required to be maintained by the Owner or its affiliate(s) by the applicable motor vehicle financial responsibility laws of the State in which this agreement of rental was executed. Member agrees to present a claim to their insurance carrier for all such expenses. If Member has no insurance to cover such events or losses, Member agrees to pay Owner or its affiliate(s) for such losses. Member agrees to further indemnify and hold Owner or its affiliate(s) harmless to the extent permitted by law from attorney fees that are incurred or may be incurred in defending or prosecuting any claims, actions, causes of action, lawsuits or controversies that are brought by or against Owner or its affiliate(s) arising from the Member's use, operation or possession of the rented vehicle or Optional Accessories.

New York State Child Safety Seat Law:  New York state law requires all children under the age of eight to be restrained in a federally approved child restraint system.

NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS CONSUMER PROTECTION LAW RULE:

IF MEMBER HAS MADE A RESERVATION FOR A CAR (OR TRUCK), THAT RESERVATION MUST BE HONORED AT THE PRICE ORIGINALLY PROMISED, WITHIN ONE-HALF HOUR OF THE TIME ORIGINALLY PROMISED, UNLESS MEMBER IS TOLD WHEN MEMBER MAKE THE RESERVATION THAT IT IS NOT GUARANTEED. TO REPORT COMPLAINTS, CONTACT THE NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS, 42 BROADWAY, NEW YORK, NY 10004, COMPLAINT PHONE: 311 or (212) NEW YORK.

NOTICE: 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 Member 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. 

Enterprise CarShare offers "NO REFUNDS" for CarShare services or membership fees.

Other Forms of Payment: For Members choosing to rent with a debit card or money order form of payment: Contact Enterprise CarShare at info@enterprisecarshare.cominfo@enterprisecarshare.com for cash qualification requirements or visit http://www.enterprisecarshare.com/nyc-policies/cash-equivalent/.  

FOR CARSHARE PERIODS ORIGINATING IN NORTH CAROLINA

Member will pay Enterprise CarShare, on demand, the Vehicle License Fee Recovery (VLF REC) which is Enterprise CarShare’s charge to recover the estimated average daily cost per vehicle of the charges incurred to title, register and plate all vehicles in its rental fleet registered in North Carolina. The VLF REC is not calculated based on the costs imposed upon a particular vehicle.

North Carolina counties and cities may each enact a 1.5% tax on the total lease or rental price, excluding highway use tax.  If so indicated on Member’s billing information, this amount is being charged as a tax on gross receipts.

Vehicle shall only be used in full compliance with applicable safety laws, including adult and child restraint laws.   It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers.  Member is required to stop for and not pass school vehicles that are picking up or dropping off passengers.”

FOR CARSHARE PERIODS ORIGINATING IN PENNSYLVANIA

I AM REJECTING UNINSURED MOTORIST COVERAGE UNDER THIS RENTAL OR LEASE AGREEMENT AND ANY POLICY OF INSURANCE OR SELF-INSURANCE ISSUED UNDER THIS AGREEMENT, FOR MYSELF AND ALL OTHER PASSENGERS OF THIS VEHICLE. UNINSURED COVERAGE PROTECTS ME AND OTHER PASSENGERS IN THIS 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.

Should a vehicle be damaged or lost as a result of You or an Authorized Driver using or operating Vehicle in a manner as set forth in Section B, Paragraph 11(a) and (b) below, You will be responsible for the full extent of any damage to or loss of a Vehicle to the extent permitted by law. Retained responsibility amount(s): $1000.00, including associated costs, per occurrence. 

a)   Retained Responsibility Invalidation: The Retained Responsibility will not apply to me if any of the following should happen:

i)     If Vehicle is damaged when used or driven:

(1) by anyone other than me without the prior written consent of  Enterprise CarShare;

(2) by anyone impaired by the use of alcohol, narcotics, intoxicants or drugs, whether taken with or without a prescription;

(3) by anyone committing a felony or otherwise engaged in a criminal act;

(4) in a race or speed contest;

(5) to tow or push anything;

(6) outside of the United States unless authorized on Page 1;

(7) by anyone who has given a fictitious name, false address or false or invalid driver’s license;

(8) by anyone who does not have a valid driver’s license, whose driver’s license expires or becomes invalid during the Rental Period;

(9) by anyone who misrepresents facts to  Enterprise CarShare about the rental, use or operation of Vehicle;

(10)              to transport persons or property for hire;

(11)              in a wanton or reckless manner;

(12)              on an unpaved road or off-road;

(13)              to transport explosives, chemicals, corrosives, or other hazardous materials or pollutants of any kind: or

ii)    If I:

(1) transfer or assign this Agreement and/or sub-rent Vehicle to anyone else; or

(2) deliberately damage Vehicle or allow anyone else to do so; or

(3) fail or refuse to provide  Enterprise CarShare, the police or any other authorities with a full report of any accident or vandalism involving Vehicle; or

(4) otherwise fail to cooperate with  Enterprise CarShare, police or any other authorities in the investigation of any accident or vandalism involving Vehicle; or

iii)   If any of Vehicle’s interior components are stolen or damaged when Vehicle is unlocked or its keys are not secured; or

iv)  If Vehicle is stolen and I do not do all of the following:

(1) return to  Enterprise CarShare the original ignition keys and  Enterprise CarShare’s key tag identifying the Vehicle; and

(2) file a police report within 24 hours after discovering the theft; and

(3) cooperate fully with  Enterprise CarShare, police and any other authorities in all matters connected with the investigation of the theft;

(4) ensure that the Vehicle’s ignition is turned off when the Vehicle is stolen.

 

FOR CARSHARE PERIODS ORIGINATING IN TEXAS

Texas Damage Responsibility. Enterprise CarShare agrees, subject to the exclusions for relief from damage responsibility and the acts or omissions, to contractually relieve Member of responsibility above the retained responsibility, if any, for physical damage or loss to the vehicle during the CarShare Period regardless of cause. Should a vehicle be damaged or lost as a result of Member or any Authorized Driver using or operating the vehicle in a manner as set forth in section (b)(i-vii) below, Member will be responsible for the full extent of any damage to or loss of a Vehicle as permitted by law. Retained responsibility amount(s): $1000.00, including associated costs, per occurrence.

EXCLUSIONS: Subject to applicable laws, relief from damage responsibility and the retained responsibility limit do not apply, and Member will be responsible for ALL damages if Vehicle is damaged when used or driven:

             i.    the damage is caused intentionally by an Authorized Driver or as a result of willful and wanton misconduct of an Authorized Driver;

            ii.    the damage arises out of the use of the vehicle while under the influence of alcohol, illegal drugs, a controlled substance, or any other intoxicant that impairs driving ability;

           iii.    the rental company entered into the rental transaction based on fraudulent information supplied by Member;

           iv.    the damage arises out of the use of the vehicle while engaged in the commission of a crime other than a traffic infraction.

            v.    the damage arises out of the use of the vehicle to carry persons or property for hire, to push or tow anything, to engage in a speed contest, or for driver’s training;

           vi.    the damage arises out of the use of the vehicle by a person other than an Authorized Driver; or

          vii.    the damage arises out of the use of the vehicle outside the continental United States and the use is not specifically authorized by the rental agreement.

 

THE HARRIS COUNTY-HOUSTON SPORTS AUTHORITY REQUIRES THAT AN ADDITIONAL TAX OF 5% BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR THE PURPOSE OF FINANCING ONE OR MORE APPROVED VENUE PROJECTS.

 

THE CITY OF EULESS REQUIRES THAT AN ADDITIONAL TAX OF 5% PERCENT BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR THE PURPOSE OF FINANCING CERTAIN PROJECTS UNDER A REVENUE SHARING AGREEMENT.

 

THE CITY OF AUSTIN REQUIRES THAT AN ADDITIONAL TAX OF 5% BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR THE PURPOSE OF FINANCING THE TOWN LAKE PARK COMMUNITY EVENTS CENTER VENUE PROJECT.

 

BEXAR COUNTY REQUIRES THAT AN ADDITIONAL TAX OF 5% BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR THE PURPOSE OF FINANCING A MULTIPURPOSE SPORTS AND COMMUNITY VENUE PROJECT APPROVED BY THE VOTERS OF THE CITY ON NOVEMBER 2, 1999.

 

THE AMARILLO-POTTER EVENTS VENUE DISTRICT REQUIRES THAT AN ADDITIONAL TAX OF 5% BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR THE PURPOSE OF FINANCING THE CIVIC CENTER EXPANSION AND NEW ARENA CONSTRUCTION PROJECTS.

McLennan County requires that an additional tax of 5% be imposed on each

motor vehicle rental for the purpose of financing a venue project at the Heart of

Texas Fairgrounds and on surrounding property.

 

THE CITY OF EL PASO REQUIRES THAT AN ADDITIONAL TAX OF 5% BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR THE PURPOSE OF FINANCING THE SUN BOWL VENUE PROJECT.

FOR CARSHARE PERIODS ORIGINATING IN UTAH

Pursuant to Utah Code 76-6-410.5 failure to return Vehicle within 72 hours after the time established for the return in the rental agreement may subject Member to prosecution for theft punishable by the maximum penalties under Utah state law.

“MEMBER’S OWN MOTOR VEHICLE INSURANCE OR MEMBER’S CREDIT CARD MAY COVER ANY DAMAGE OR LOSS TO THE RENTAL VEHICLE.”

FOR CARSHARE PERIODS ORIGINATING IN WISCONSIN

WHAT IF YOU FAIL TO PAY A PARKING TICKET?

We Will Charge Your Credit Card For Unpaid Parking Tickets You May Incur While The Vehicle Is In Your Possession.

 

NOTICE ABOUT CHARGES AGAINST YOUR CREDIT CARD FOR UNPAID PARKING TICKETS IF YOU FAIL TO PAY any forfeitures, costs, or towing and storage charges for nonmoving traffic violations incurred while you are in possession of the rental or leased vehicle, the rental company may pay those sums and CHARGE TO YOUR CREDIT CARD the amount paid for the forfeitures, costs, or charges plus an administrative fee of not more than $30.

WHAT IF YOU DAMAGE A RENTAL CAR?

We Must Provide You With An Important Notice About Your

Liability For Damage To A Rental Car

 

See below for this referenced notice.

 

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.

LIABILITY FOR DAMAGE TO THE RENTAL CAR

The rental agreement makes you and any authorized driver liable for any damage to the rental car caused by an accident, upset or intentional, reckless or

wanton misconduct.

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 towing and up to fourteen days storage costs.

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.

NOTICE OF RIGHT TO INSPECT DAMAGE

If the car is damaged, we may not collect any amount for the damage unless you, or an authorized driver against whom we claim liability, have been promptly notified

of your and your insurers’ right to inspect the unrepaired car within two working days after we were notified of the damage. You also have the right to request a 2nd

estimate within 2 working days after the rental company is notified of the damage.

COMPLAINTS

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

obligations, contact:

Wisconsin Department of Agriculture, Trade and Consumer Protection

P.O. Box 8911 • Madison, WI 53708-8911

608-224-4960 (Madison area) or toll free 1-800-422-7128

NOTICE: Keep this document in rental vehicle for law enforcement verification purposes.

 

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  I would like to receive email specials from Enterprise CarShare
By clicking "I AGREE" Member hereby authorizes Enterprise CarShare  or its third-party provider to perform a verification of Member's driver's license status through electronic checks or other means, as set forth in the Consent to Driving Records Check provision of the Terms of Use, in order to obtain and use such information in regard to Member's eligibility or continued eligibility for the Enterprise CarShare Program.
  I AGREE
 
 

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