Zipcar Membership Contract/General Terms of Business
Contract Last Revised: March 2014
The subject matter of a Membership Contract is a car-sharing service subscription contract between Zipcar, Inc. and its subsidiaries (hereinafter “Zipcar”) and the Member. All Members are required to accept and comply with the terms and conditions set forth herein. By accepting the terms and conditions of this Contract and using Zipcar's services you accept and agree to comply with the terms and conditions of this Contract, as it may be amended at any time.
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS CONTRACT, THEN YOU ARE NOT AUTHORISED TO USE ANY OF ZIPCAR'S VEHICLES OR SERVICES.
Members shall be notified in a timely manner regarding changes to the terms of the contract and the accompanying appendices. Notice to Members shall be considered given when such notice is indicated and accessible from the first page accessed after the Member log-on to the Zipcar websites, is sent by email to the Member address provided to Zipcar in the Member's application or if it is sent with our newsletter. You must inform Zipcar if your address changes. If you are a Member, and you so request (via an email to us at the address provided above), we will email you a notice of the amended terms and conditions. You agree that the amended terms and conditions of this Contract shall be effective and binding on you upon the effective date indicated in such notice or on the date posted on Zipcar's websites unless you terminate your Zipcar membership within fourteen (14) days of receipt of notice from Zipcar, in which case Zipcar will refund a prorated portion of the Member's annual membership fee for such year. In the respective notice, Zipcar will inform the Member about the content of the intended change, the date on which such change will enter into force and about the fact that the Member’s non-termination will be considered as the Member’s consent to such change.
In this Contract, the following definitions apply:
Member or "you": The person registered as the Main Member and, unless specifically indicated otherwise in this Contract, each Associate Member.-
Main Member: the person who assumes the expense of all charges and fees associated with membership, including application fees, membership fees, driving charges and other costs or fees as indicated in the Rules and Schedules described below.
Associate Member: each member allowed by Zipcar to whom the Main Member grants permission to use the Zipcar service according to the terms of this Agreement. Additional application and/or membership fees may apply for Associate Members.
Contract: This Membership Contract and its Schedules, whether made available in print or electronically through Zipcar's websites. The Schedules are an integral part of this Contract.
Rules: All the rules, guidelines or policies of Zipcar related to a Member's use of the Zipcar service, whether set forth in this Contract, appearing elsewhere on Zipcar's websites or otherwise issued by Zipcar, including those set forth in Schedule 1: Rules for Vehicle Use. Schedule 1: Rules for Vehicle Use.
Schedules: All the schedules and polices referenced in or incorporated into this Contract.
This Contract is a vehicle-sharing service subscription contract offered by Zipcar but does not in itself confer any right to use any Zipcar vehicles. A Member may only use Zipcar's vehicles, to the extent available, in accordance with the terms of this Contract and subject to paying all applicable fees and charges.
Zipcar is the owner of any item it provides to or puts at the Member's disposal during the term of this Contract, including specifically and without limitation, all Zipcar vehicles and the Member's access card ("Zipcard"). The use of the Zipcar vehicles and items by members and any rights associated therewith within the scope of this agreement are limited to the usage rights stipulated in this agreement.
To be eligible for our service, the applicant or Member must:
Be at least 21 years of age;
Have held a full driving licence (not provisional) for a minimum of 12 months;
Have no drink driving findings by administrative authorities in the last 5 years;
Have no convictions relating to driving an uninsured vehicle;
Have had no more than two accidents in the last 3 years; and
Accurately, truthfully and fully complete the application process with Zipcar and deliver all information and documents requested in the application.
Satisfying the foregoing criteria does not automatically give an applicant the right to become a Zipcar Member. Acceptance of the applicant's membership is subject to approval by Zipcar in its sole discretion. Even if approved for membership, a Member may be restricted from driving certain Zipcar vehicles due to their last driving experience and their usage behavior.
The Member promises to pay Zipcar all applicable application and membership fees associated with the Member's driving plan as listed for such plan in the Membership and Driving Rates Schedule. Application fees (if applicable) are not refundable. A Member's initial membership fee (for the Member’s initial membership period) is only refundable if a Member terminates membership within the first thirty (30) days of membership. To cancel Zipcar membership, send us an email at firstname.lastname@example.org
Where applicable, an application fee may be payable if a new membership application is resubmitted more than 30 days after a Member's account with Zipcar is closed. Certain restrictions apply.
Members with an Extra Value Plan ("EVP") have selected a driving plan which renews every month. Following approval of the Member by Zipcar, these members' credit cards will be automatically charged or their bank accounts automatically debited every month on their renewal date, even if the Member's Zipcard is not activated. EVP plans are optional and may be changed/opted-out of at any time from the Member's account page or by sending an email to email@example.com.
The Member shall pay all fees and costs incurred (including costs incurred by Associate Members) when due, including application fees, membership fees (which are automatically charged when due), driving charges (including but not limited to mileage overage and surcharge and/or toll fees except in circumstances where specifically agreed to in writing between Zipcar and the Member) and other costs and fees as provided in the Rules and Schedules. Members shall also pay value added tax and all other taxes and levies on any of the fees, costs and charges listed above, as applicable from time to time. Members shall also be billed for the usage fee, any supplemental costs incurred, any payable taxes and all other amounts will be debited or charged to a credit card. Any Member account which is past due will be suspended; however, any reservations booked in advance shall still be charged to the Member if not cancelled by the Member. Any credit or debit card provided by the Member to Zipcar for billing which is rejected or any bank account details that do not permit Zipcar to debit the amounts due may result in suspension or termination of the Member's membership. Members are responsible for providing and maintaining current bank details or credit card or debit card information on file with Zipcar. Ongoing issues with bank accounts or credit or debit card billings may result in termination of membership. Under no circumstances will Zipcar be responsible for any overdraft or other fees charged by a Member's credit card company or bank, unless such overdraft or other fees are solely due to Zipcar’s gross negligence or willful intent. For past due accounts, Zipcar may also change how credit is offered to the Member and/or terminate the Member's account. In addition, Zipcar may utilize third parties to collect amounts owed to Zipcar by a Member and the Member will also pay for any collection or similar fees associated with collection activities which were triggered by adequate and necessary collection measures. Zipcar also reserves the right to charge interest for past due amounts within the scope allowed by law.
Members are responsible for providing and maintaining current email, mobile phone, preferred search address, mailing address and other account information. Telephone calls and email correspondence with Zipcar may be recorded or monitored. Before a telephone call is recorded, you will be informed of this at the beginning of the call and will be given an opportunity to object to the recording. By using these communication methods you are consenting to the recording or monitoring of your calls and emails.
Members who do not have an Austrian driving license must comply with the legal requirements for driving in Austria on a foreign license. Zipcar reserves the right to request additional information, such as a copy of a passport or proof of address at any time. Because driving a Zipcar vehicle requires maintaining a good driver's record, Zipcar may, from time to time, check Members' driving records, if applicable, and reserves the right, at its sole discretion, to suspend or terminate the Membership of any Member who does not meet Zipcar's driving eligibility requirements. If the Member's license is suspended or revoked, if the Member has any further endorsements or accidents on their driving record, or if the Member is convicted of driving under the influence of alcohol or drugs, dangerous driving or exceeding the relevant speed limit, the Member agrees to report such suspension, revocation, changes or conviction to Zipcar promptly. Failure to notify Zipcar of any such events may lead to the Member not being covered by Zipcar's insurance policy when driving a Zipcar vehicle.
Damages Generally: A Member is responsible for any and all damage that occurs to a Zipcar vehicle while in the Member's possession or control (including the entire time the vehicle is reserved under the Member's account) even if damage is weather-related, caused by a third party or arises from similar causes and is responsible for the full value of any damages caused to the property of third parties. However, as described in Section 6 below, Zipcar provides insurance that, in general, covers most damages arising from a Member's use of Zipcar vehicles and the Member's liability for damages will generally be limited to the Damage Fee described in Section 5.2 below. If, however, a Member fails to abide by the terms and conditions of this Contract, the insurance coverage Zipcar provides may not apply, which may make the Member responsible for the full cost of any accident or incident and any damage arising from such accident or incident. For example, a Member permitting or enabling a non-Member to drive a Zipcar vehicle will be charged for all damage and costs incurred as a result of the non-Member's use.
Damage Fee: A Member is responsible for paying a damage fee ("Damage Fee"), the maximum amount of which is determined by the Member's driving plan, for damages and related costs caused either to a Zipcar vehicle or to third parties' or their property during a reservation. This includes, among other things, injury or damages to third parties or their property, the estimated repair cost of the Zipcar vehicle, and the recovery costs as well as costs resulting from the loss of use of the Zipcar vehicle. Members will be responsible for the Damage Fee for actual or estimated expenses, whether or not an actual claim is made or processed, unless the Member has purchased a Damage Fee Waiver.
Damage Fee Waivers: Zipcar offers for purchase, at the option of the Member, Damage Fee Waivers or DFWs.
For an additional charge, Zipcar Members age 21 or over who have not had an accident in a Zipcar vehicle involving property damage or any third party during the past 12 months, have the option to purchase a DFW to cover your financial responsibility – the Damage Fee – for damage to a Zipcar vehicle. The damage fee reduction also applies to accidental damages to the vehicle, but excludes the interior of the vehicle, tire and rim damages, damages to the bottom of the vehicle and damages to add-ons for trucks. The person authorized to use the vehicle also has unrestricted liability for damages resulting from the fact that throughput heights or widths (garages, underpasses etc.) are not observed. The purchase of a DFW is optional and may be declined. A DFW is not insurance and does not provide or alter insurance coverage.
By purchasing an optional DFW, you can reduce or eliminate your Damage Fee. If you purchase an optional DFW, Zipcar will waive your responsibility for all or a portion of the Damage Fee, based upon the buy down amount (all or partial) of the DFW you purchase. A purchase of a DFW is non-refundable.
The cost of the DFW will vary based upon, among other things, the term/type of the waiver (annual, monthly or per reservation), the Damage Fee reduction amount (all or partial) and/or membership location. For annual or monthly waivers, the DFW is limited to the period stated at the time of purchase. If the member not to renew or repurchase or cancel the annual or monthly DFW, he/she will be once again responsible for the full Damage Fee. Per reservation DFWs apply only to the specific reservation for which it is purchased and are not transferable in any manner.
DFWs will not apply, and can be terminated by Zipcar, if the Member (1) uses the vehicle in violation of this Contract, including engaging in any prohibited use of a Zipcar vehicle or purposely or through negligence (e.g., by putting the wrong type of fuel in a vehicle) damaging a vehicle; (2) has been suspended and/or had two at fault incidents in a Zipcar vehicle involving property damage or any third party during the waiver period; (3) fails to close and lock all windows, doors and boot and the vehicle is stolen or vandalized; (4) fails to notify Zipcar immediately after an accident or loss; or (5) fails to pay any other amount due under this Contract.
Unless agreed to the contrary in writing, annual and monthly DFWs renew automatically for the respective term, unless Member notifies Zipcar otherwise as set forth below that this is not desired. A Member's bank account will be debited or his/her credit card will be automatically charged monthly or annually, depending upon the DFW selected, on the Member's DFW renewal date. Annual and monthly DFWs are optional and may be changed or opted-out by the member at any time from a Member's account page or by sending an email to firstname.lastname@example.org. In order to change the type of DFW purchased (for example, to change from a monthly DFW to an annual DFW), Members must send an email to email@example.com.
Any active Zipcar Member in good standing will be provided all risk insurance that provides the Member customary coverage in case of accidents. This insurance includes civil responsibility, supplementary civil responsibility, personal damage and damage to the vehicle. All such coverage is subject to the Member fulfilling their obligations as set out in this Contract. This insurance provides coverage for the Member of up to a maximum of 20,000 € (in case of death) or 40,000 € (in case of permanent disability). In addition, the insurance provides obligatory third party civil responsibility and supplementary civil responsibility cover of up to 15,000,000 €. For additional details, you may request a copy of the insurance policy by contacting Zipcar at firstname.lastname@example.org.
This Contract shall commence upon the acceptance by Zipcar of the Member's completed membership application and the payment by the Member of any applicable fees via the website Zipcar.at or ÖBB VORTEILS card or ÖSTERREICH card and the member has paid all fees. This contract term shall continue until such time as membership is cancelled in accordance with this Section 7. A Member may terminate membership and all associate memberships upon one day prior notice by sending us an email at email@example.com. Zipcar may terminate this Contract at any time upon no less than thirty (30) days’ notice to the Member, in which event Zipcar will refund a prorated portion of the Member's annual membership fee for such year. With respect to any termination or cancellation of this Contract, the Member shall remain responsible for any fees, costs or expenses incurred prior to termination of this Contract.
In addition, Zipcar may upon notice to the Member or any Associate Member, immediately terminate this Contract if the Member or any Associate Member: (a) fails to pay any sum due under this Contract, (b) fails to comply with any term or condition specified in the Contract or any Rules, (c) is involved in an incident with a Zipcar vehicle that, in Zipcar's reasonable discretion, renders the Member or Associate Member ineligible or inappropriate for continued membership, (d) engages in any activities or conduct that Zipcar, in its reasonable discretion, determines to be inappropriate, abusive or otherwise unacceptable; or (e) clearly violates the Zipcar fair use rules because the Main Member or Associate Member excessively uses the Zipcar vehicles. Fair use means that the mileage per 24-hour usage should not exceed approximately 300 kilometers. If the kilometers driven per 24-hour usage clearly exceed approximately 300 kilometers and the Main Member or Associate Member Zipcar repeatedly engages in excessive usage behavior following written warning by Zipcar, excessive usage applies, (f) has not paid his/her debts or fails to provide written notice that it cannot pay its debts in a timely manner or by law states he/she is not able to pay his/her debts, if he/she suspends payments or threatens to suspend them or if, due to actual or alleged financial difficulties, he/she negotiates with one or more of his/her creditors on the settlement of his/her debts or undertakes general precautions or decisions to the benefit of his/her creditors. No membership or other fees will be refunded in the event of termination pursuant to this Section 7.2.
Upon termination, all of the Member's and Associate Member's rights to use Zipcar's services and vehicles shall immediately terminate. The Member agrees to return immediately to Zipcar any vehicle or any other property of Zipcar that the Member has in the Member's possession, including, if requested, all Zipcards. Additionally, the Member shall be responsible for and agrees to pay any legal fees, court costs or expenses associated with enforcing the terms of this Contract, whether upon termination or otherwise (including, without limitation, any costs relating to recovering any of the foregoing property or any amounts due and owing to Zipcar), if such costs were triggered by adequate and necessary measures.
Subject to clause 8.5 below, Zipcar (and the members of the Zipcar group of companies) shall not be responsible for any loss of, or damage to, any goods in or on the vehicle or in or on any third party vehicle (unless any loss or damage is due to our gross negligence or willful misconduct).
Subject to 8.5 below, Zipcar shall not be responsible for any personal injury or death in relation to you or any third party arising from the use of a Zipcar vehicle.
Subject to clause 8.5 below and unless any loss or damage is due to Zipcar’s gross negligence or willful intent, Zipcar is not liable to a Member under or in connection with this Agreement whether for tort (including negligence), breach of contract, misrepresentation or otherwise (unless any loss or damage is due to Zipcar's gross negligence or willful intent) for:
Loss or damage incurred by the Member as a result of any claims made by a third party, unless such loss or damage incurred due to our negligence or failure to carry out our responsibility;
Loss or damage incurred by the Member arising from or in relation to either (i) the reservation, non-availability, supply, operation or use of a Zipcar vehicle or (ii) any vehicle accessories whether supplied by Zipcar or by a Member (luggage racks, bicycle racks, baby seats and the like – the Member is responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless such loss or damage incurred due to our negligence or failure to carry out our responsibility;
Loss of profit, revenue, goodwill, business opportunity or anticipated saving suffered by the Member, unless such loss is incurred due to Zipcar’s negligence or failure to carry out its responsibilities; or
Any indirect loss or damage suffered by the Member (even if foreseeable or if Zipcar has been advised of the possibility of such losses).
Subject to 8.5 below, in no event shall Zipcar's total aggregate liability under or in connection with this Agreement, whether for tort (including negligence), breach of contract, misrepresentation or otherwise exceed the following amounts:
for third party property damage, exceed the amount of €15,000,000; and
for all other loss or damage, exceed an amount equal to the aggregate membership and vehicle usage fees paid and payable by the Member during the 12 month period prior to the first date on which an event giving rise to the liability occurred.
No component of this Agreement shall limit or exclude Zipcar's liability for personal injury or death arising out of its negligence, breach of the obligations arising from applicable Austrian regulations, or Zipcar's fraud (whether such liability arises from Zipcar’s direct action or from its failure to act).
The Member acknowledges that the Member’s data made available to Zipcar may be stored and processed for purposes of book-keeping and customer records. The data shall be used for compliance with statutory provisions, contractual obligations and for carrying out payment transactions.
The Member agrees that the that the Member’s data made available to Zipcar may be used for marketing activities exclusively by Zipcar for the purpose of further developing the services offered and caring for the customer in an optimal way. The Member may revoke such consent at any time.
The Member further consents that Zipcar may contact him for advertising purposes via e-mail at the e-mail address notified to Zipcar by the Member. Such consent may be revoked at any time. Receiving of messages via e-mail may be refused free of charge at any time.
The rights granted to the Member or Associate Members under this Contract are not assignable or transferable, in whole or in part. Any attempt to transfer this Contract without the written consent of Zipcar shall be void and of no force and effect.
No delay or omission by Zipcar to exercise any right or power occurring upon any noncompliance or default by the Member with respect to any of the terms of this Contract shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Zipcar of any covenant, condition, or agreement to be performed by the Member shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Contract shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
If any term, provision, covenant or condition of this Contract is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Contract had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
This Contract is governed by Austrian law.
Any notices or communication required or permitted to be given to the Member shall be in writing and shall be sufficiently given if delivered by email or mailed to the Member at the email or postage address provided to Zipcar in the Member's completed application.
Any notices or communication required or permitted to be given to Zipcar shall be in writing and shall be sufficiently given if delivered via email or sent by post as follows:
Zipcar Austria GmbH
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted.