a. “AUTHORIZED USER” means the Member, and with the Member’s permission, Member’s spouse who meets the minimum age, license and other Enterprise CarShare® requirements.
b. “AUTHORIZED STATE” means the geographic boundaries of the State where the Vehicle is located at the initiation of the Car Share Period and any bordering state, but under no circumstances shall mean any location outside of the United States.
d. “MEMBER” means the person or entity identified on this Application as Member and who also meets the minimum age, license and other Enterprise CarShare® requirements.
e. “Enterprise CarShare®” means the local Enterprise affiliated entity, and its successors and assigns, responsible for locally administering the Enterprise CarShare® Car Sharing Program.
g. “CAR SHARE PERIOD” means the period between the time Member takes possession or should have taken possession of Vehicle and the time the Member should have returned Vehicle to the designated Car Share location and secures the Vehicle as required by Enterprise CarShare®.
h. “VEHICLE” means the Vehicle reserved by Member or any replacement vehicle(s) as may be provided by Enterprise CarShare®.
i. “MONTHLY USE PLAN” means an amount, agreed upon by Member in writing, paid to Enterprise CarShare® on a monthly basis, in return for specified amount of use and Charges incurred by Member of the Enterprise CarShare® Car Sharing Program.
2. Ownership/Vehicle Condition/Warranty Exclusion. Member acknowledges that Vehicle is, by ownership, beneficial interest or lease, property of Enterprise CarShare®, even if owned, registered or titled to a third party. MEMBER IS RECEIVING VEHICLE “AS IS” AND MEMBER AGREES TO INSPECT VEHICLE AND REPORT ANY DAMAGE BEFORE INITIATING OPERATION OF VEHICLE UNDER THE PROCEDURES SET FORTH IN THE HANDBOOK. ENTERPRISE CARSHARE® EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Member shall not alter the Vehicle’s condition in any way. Member agrees to return Vehicle to its designated parking spot on or before the agreed upon return date and time or on Enterprise CarShare®’s demand and in same condition as received, ordinary wear and tear excepted. If Member determines Vehicle may be unsafe, Member shall stop operating Vehicle and notify Enterprise CarShare® immediately.
3. Payment(s) by Member. Member agrees that any Charge billed shall be sent to Member via electronic mail to the e-mail address provided by Member. Member shall pay Enterprise CarShare® the following when due, up to the maximum amounts allowable by law:
a. The Charges incurred for the Member’s Car Share Period or Member’s Monthly Use Plan, if applicable. All such Charges shall be as calculated and billed to Member by Enterprise CarShare®. Hourly Charges, exclusive of penalties or other fees set forth herein, for a single day’s use shall not exceed the cost of a single day Charge.
b. The Mileage Charge per mile for all miles exceeding any free miles offered to Member for the Car Share Period.
c. Other Charges (Refer to Handbook for further explanation of Charges and fees below):
· Application and Membership Fee up to but not exceeding $0 and $35.00, respectively.
· Loss of use charges of up to $50.00 plus any additional hourly Charges Member may incur and damages relating to the next member needing that Vehicle (e.g. taxi fare) in the event of Member’s late delivery of Vehicle.
· Failure to Refuel Fee of up to $25.00 for Members who return Vehicle with less than ¼ of a tank of gas.
· Unless prohibited by law, a Wrong Location/Vehicle Recovery Fee of up to $100.00 or $.50 per mile (between actual return location and assigned return location), whichever is greater, for Member’s return of the Vehicle to any location other than the original assigned parking space.
· Unauthorized Driver Fees and Charges in the amount of all fines, damages and repair costs incurred by Enterprise CarShare® that are occasioned by the unauthorized driver’s operation of the Vehicle. Refer to Paragraph 12 for further Member responsibility in this regard.
· Ignition Key Replacement Fee of up to Cost of Replacement.
· Lost member card or fob of up to $10.00.
· All fines, costs, charges and attorneys’ fees paid or to be paid by Enterprise CarShare, its affiliates or a third party for legal violations, parking, and tolls and the like occurring during the CarShare Period (Fines, Tolls, and Violations). Member consents to the payment of all Fines, Tolls and Violations by Enterprise CarShare, its affiliates or a third party on Member’s behalf without advance notice thereof and acknowledges that such payment may prejudice Member’s ability to contest Fines, Tolls and Violations with the applicable authority. Member agrees Enterprise CarShare may provide Member’s information to applicable authorities and/or third parties to process payment and/or transfer liability to the Member for any such Fines, Tolls and Violations. Enterprise CarShare, its affiliates or third party may assess a fee of up to $25 per incident to apply towards all costs incurred in connection with any fines, violations, citations and their administration. In addition, Enterprise CarShare, its affiliates or third party may assess a fee of up to ten percent (10%) of all toll charges incurred during the Car Share Period, to apply to all costs in connection with any tolls and their administration.
· Cancellation Fee - If a Member cancels or shortens a reservation less than 3 hours before the start of the reservation, a Cancellation Fee of the lesser of 3 hours or the actual reservation time plus applicable taxes and fees may be charged. If a Member shortens a trip after the start of the reservation, a Cancellation Fee of the lesser of 3 hours or the remaining reservation time plus applicable taxes and fees may be charged.
· Missing gas card up to $25.00.
· Missing parking permit/ pass up to $50.00.
d. All amounts paid by Member under Member’s Monthly Use Plan, if any, may be first applied by Enterprise CarShare® to accrued Charges and Fees as set forth above, prior to being applied or credited to any Charges yet to be incurred by Member for use of the Vehicle during Member’s Car Share Period.
e. Member agrees that Enterprise CarShare shall, for all Charges and amounts incurred during Member’s Car Share Period and for any amounts as specified in Member’s Monthly Use Plan, and shall have full authorization to, charge and collect any and all Charges owed by Member, including but not limited to any balances and other amounts in any form owed by Member against Member’s credit card on file with Enterprise CarShare. Member shall maintain a valid credit card on file with Enterprise CarShare at all times during Member’s membership.
4. Limits on Use and Termination of Right to Use.
a. Member agrees to the limitations on use of a Vehicle under the Program as set forth in the Handbook and below, which include, without limitation, the following:
1) Vehicle shall not be driven by any person other than an Authorized Driver.
2) Vehicle shall not be used in the transportation of persons or property for-hire.
3) Vehicle shall not be used or operated: for any illegal purpose; in an illegal or reckless manner; in a race or speed contest; or 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.
4) Vehicle shall not be driven by any person impaired by the use of alcohol, narcotics, intoxicants, or drugs, whether used with or without a prescription.
5) Vehicle shall not be driven or taken outside of the Authorized State(s) and shall not be driven on an unpaved road or off-road unless approved in writing by Enterprise CarShare® for such use.
6) Vehicle shall not be used to carry passengers in excess of the number of seat belts provided by the Vehicle manufacturer.
7) Member shall not remove any items located in Vehicle, except those owned by Member or as authorized herein.
8) Vehicle shall not be operated by anyone: (A) who has provided a fictitious name, false address, or false or invalid driver’s license; (B) whose driver’s license becomes invalid any time after initial approval of membership; (C) who has obtained the keys without permission of Enterprise CarShare®; or (D) who misrepresents or withholds facts to/from Enterprise CarShare® that are material to the Car Share Program and/or the use or operation of Vehicle.
c. If Member continues to operate Vehicle after the 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 discharges Enterprise CarShare® from and agrees to indemnify, defend and hold Enterprise CarShare® harmless against any liability arising from such notice and repossession of the Vehicle.
5. Accidents. Member agrees to operate Vehicle while exercising caution and care at all times. Any accident, regardless of circumstance or degree of seriousness, must be immediately reported to Enterprise CarShare® as provided in the Handbook and Member shall fully cooperate with Enterprise CarShare® or its insurer or claims handler(s) in the investigation and resolution of any claims arising during the Car Share Period. Failure to immediately report any accident and/or cooperate in any investigation and resolution, as set forth herein, may result in additional Charges or Fees being due from Member and/or termination of Member’s membership. Refer to Handbook for what to do in case of an accident.
Personal Use for Members ages 21 or older:
Personal Use for Members ages 18 to 20:
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.
c. Business Use Members and Authorized Users ages 21 or older:
8. Personal Property. Enterprise CarShare® is not responsible for any damage to, loss or theft of, any personal property, whether the damage or theft occurs during or after termination of the Car Share Period regardless of fault or negligence. Member acknowledges and agrees that no bailment is or shall be created upon Enterprise CarShare®, whether actual, constructive or otherwise, for any such personal property carried, placed or left in a Vehicle.
9. Third Party Proceeds. If a third party, including, without limitation, an insurance company, authorizes payment of any amount owed by Member hereunder, Member hereby assigns to Enterprise CarShare® Member’s right to receive such payment. Only those amounts actually paid by a third party to Enterprise CarShare® shall reduce the amount owed by Member hereunder.
10. Severability. If any provision of the herein is determined to be unlawful, contrary to public policy, void or otherwise unenforceable, all remaining provisions shall continue in full force and effect. Any such provision shall be applied or modified in such a way so as to make the provision consistent with law or public policy, as applicable.
11. Limitation of Remedy/No Consequential Damages. If Enterprise CarShare® breaches any of its obligations under the 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, 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 recovery by Member of the pro rata hourly/overnight/daily Charges for the period in which 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.
12. Damage Responsibility. Enterprise CarShare® agrees, subject to the exclusions below, to contractually relieve Member’s of responsibility above the retained responsibility, if any, for physical damage to the Vehicle during the Car Share Period regardless of cause. Retained responsibility amount(s): $500, including associated costs, per occurrence.
EXCLUSIONS: Relief from damage responsibility does not apply, and Member will be responsible for ALL damages, if:
a. The damage is caused intentionally or as a result of willful and wanton misconduct an Authorized Driver;
b. The damage arises out of the operation of Vehicle by an Authorized Driver while intoxicated or under the influence of any illegal or unauthorized drug or prescribed medication which should not be taken during operation of a Vehicle;
c. Any transaction for a Car Share Period is based on fraudulent information supplied by Member;
d. The damage arises out of the use of Vehicle by an Authorized Driver while committing or otherwise engaged in a criminal act in which the vehicle usage is related to the nature of the criminal activity;
e. The damage arises out of the use of Vehicle to carry any person or property for hire;
f. The damage occurs while the Vehicle is operated by a person other than an Authorized Driver;
g. The damage arises from the use of Vehicle outside the Authorized State(s);
h. The damage arises from towing or pushing anything;
i. The damage arises from the operation of Vehicle on an unpaved road;
j. The damage or loss of Vehicle is due to theft of Vehicle during the Car Share Period. However, Member shall have no liability for any loss above the retained responsibility limit due to theft if:
1) Member has possession of the original ignition key furnished by Enterprise CarShare®,
2) Member notifies Enterprise CarShare® of the incident and files an official report to the theft with the police or other law enforcement agency within 24 hours of learning of the theft, and
3) Member cooperates fully with Enterprise CarShare®, police and other authorities in all matters connected with the investigation of the theft.
In those circumstances where exclusions apply or within the Member’s retained responsibility limit, Member accepts responsibility for damage to, loss or theft of, Vehicle or any part of accessory regardless of fault or negligence of Member or any other person or act of God. Member shall pay Enterprise CarShare® the amount necessary to repair Vehicle. Member shall not have Vehicle repaired without written permission from Enterprise CarShare®. If Vehicle is stolen and not recovered or Enterprise CarShare® determines Vehicle is salvage, Member shall pay Enterprise CarShare® 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, diminishment of value, towing, storage or impound fees, and other costs incurred by Enterprise CarShare® to recover Vehicle and to establish damage amounts.
Mobility Devices: Mobility devices, including left hand controls with spinner knobs, left foot accelerators and pedal extenders, are available at no additional Charge to Member. Due to the unique nature of Enterprise CarShare®’s services and the fact that mobility devices require installation, Members must contact an Enterprise CarShare® service representative by phone, available 24 hours a day, at 1-877-493-2270 to make a reservation. Please indicate to the representative that Member’s status as a “Enterprise CarShare® Member” in order to receive the appropriate information. Enterprise CarShare® requires a minimum of forty-eight (48) hours advanced notice to reserve a Vehicle with mobility devices. Please note mobility device-equipped Vehicles may be provided by an affiliate of Enterprise CarShare® and Enterprise Holdings, Inc. A Enterprise CarShare® or Enterprise representative will make arrangements for delivery and return of the Vehicle. All other Enterprise CarShare® terms and conditions may apply to rentals equipped with mobility devices.
15. Release of Information to/from Third Parties. Member agrees Enterprise CarShare® may, and Member expressly authorizes Enterprise CarShare® to, provide information in Enterprise CarShare®’s possession about Member, including but not limited to such driver’s name, address and driver’s license information to: applicable authorities, where solicited; and/or applicable authorities or other third parties, in connection with Enterprise CarShare®’s enforcement of its rights under the Agreement. If applicable, Member authorizes Enterprise CarShare® to verify and/or obtain through one or more credit agencies or other sources Member’s driver licensure 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.
16. Choice of Law. All items and conditions of the Agreement shall be interpreted, construed and enforced pursuant to the law of the State where the Vehicle is located at the initiation of the Car Share Period.
17. Qualifications. Member must place reservation in advance through the designated website as stated in the Handbook. Member must meet the Enterprise CarShare® normal driver and other qualifications as stated in the Handbook. In submitting this Application, Member certifies that Member is (i) of the requisite minimum age; and (ii) the holder of a valid driver’s license which is not suspended, confiscated, revoked, expired or otherwise invalid; or (iii) can provide up to two (2) surrogate driver(s) that otherwise qualifies for (i) and (ii) above. 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 operate or reserve any Enterprise CarShare® Vehicle unless so authorized by Enterprise CarShare®.
19. Termination without Cause. Member may terminate the Member’s membership without cause at any time by providing written notice to Enterprise CarShare®. Enterprise CarShare may terminate Member’s membership without cause upon no less than fifteen (15) days advance written notice. Notwithstanding any termination, Member will remain liable for all Charges and Fees, 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 or Fees, as set forth herein.
CONSENT TO DRIVING RECORDS CHECK
Such validity checks shall be performed upon (i) receipt of Member’s Application and prior to membership approval, (ii) the annual anniversary of Member’s Enterprise CarShare® Car Sharing Program initial membership date and (iii) upon Member’s drivers license expiration date.
Any discrepancies 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.