Zipcar, Inc. Attention: Legal Department 35 Thomson Place Boston, MA 02210 Email address for legal notice only: firstname.lastname@example.org 4.3 Fees for young drivers. Due to the high cost associated with providing vehicles on demand to young drivers, all bookings from drivers under the age of 25 include an additional fee for young drivers, which is charged based on the time or day. For more information about these fees, visit the Zipcar Help Center at support.zipcar.com/hc/en-us. By participating in the Zipcar for Uber Driver Partner Program (“Uber Program”), you are required to comply with the Zipcar Member Agreement and the Program-specific Terms and Conditions set forth below. 6.1 Unless required by law to be primary or excessive, any liability protection provided by Zipcar is secondary to any applicable insurance available to you or another driver from another source, whether primary, excess, secondary or conditional insurance. This protection of liability for third parties applies only to the minimum limits of financial liability prescribed by the law of the jurisdiction in which the accident occurred. The limit for bodily injury suffered by a person includes any right to loss of that person`s consortium or services. If such civil liability protection is automatically extended to persons who are not authorized to drive the vehicle under this Agreement or to persons or entities whose coverage is not provided for in this Agreement, the limits of the financial liability of the jurisdiction in which the accident occurred shall apply. 10.9 Conflicts.
In the event of any conflict between this Dispute Resolution Provision and any other dispute resolution provision of any other agreement between you and Zipcar, the dispute resolution provision of this Agreement shall prevail. 11.3 No delay or omission by Zipcar in exercising any right or authority arising out of or in breach of the terms of this Agreement shall affect or constitute a waiver of such right or power. Zipcar`s waiver of any agreement, condition or arrangement to be performed by the Member shall not be deemed a waiver of any prior or subsequent breach thereof or any other agreement, condition or agreement under this Agreement. Unless otherwise specified, all remedies under this Agreement are cumulative and complementary to, and not in lieu of, other remedies available to either party by law, in equity or otherwise. Regardless of the costs of damages, Zipcar assumes responsibility for third parties as described in Section 6 below. However, if a Member fails to comply with the terms of this Agreement, including by providing all reasonable assistance to Zipcar in the event of an incident, Zipcar`s liability to a third party may not apply, thereby obliging the Member to pay the full cost of any accident or incident and for any damage resulting from such an accident or incident. may be responsible. For example, a Member who has breached the Membership Agreement will be liable for all damages and costs incurred as a result of an incident during a booking on the Member`s account. b. the registration numbers of all other vehicles concerned, their make and year, their identification number (serial number) and the number of the insurance certificate (with the name, address and telephone number of the insurance agent); In the event of accidental damage in Canada, members who comply with the membership contract are covered by our $1,000,000 automobile liability insurance plus minimum requirements for other legal coverages, as well as comprehensive and collision coverage. and are subject to all their terms, conditions and exclusions.
k. transport or transport dangerous, toxic, flammable, dangerous or illegal materials; Regardless of how the arbitration is conducted, the arbitrator shall make a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator`s award shall be final and may be enforced in any court of competent jurisdiction. In addition, an arbitrator`s award and any judgment confirming it apply only to that particular case and may not be used in any other case except for the enforcement of the award itself. The elimination or reduction of liability for damage costs through the purchase of a DFW does not apply, and previously purchased DFW may be terminated by Zipcar if you (1) violate this Agreement, including if you authorize a non-member to drive, make prohibited use of a Zipcar vehicle, or intentionally damage a Zipcar vehicle or third party property (for example.B. by filling the wrong type of fuel into a vehicle); (2) your membership has been suspended or terminated by Zipcar; (3) not close and lock all windows, doors and trunks and the vehicle is stolen, damaged or vandalized; (4) not to notify Zipcar immediately after any incident or loss; or (5) not to pay any other amount due under this Agreement. If the law of a jurisdiction covering your booking requires terms on DFW that differ from the terms of this Membership Agreement, e.B. if your liability for simple negligence is limited by this law, that right shall prevail. 8.1 This Agreement begins to run as soon as Zipcar accepts the Member`s completed membership application and the Member pays all applicable fees. The term of this contract is valid until the termination of membership in accordance with this section 8. A member may terminate their membership and all associated memberships with one day`s notice by calling us at 1-866-4ZIPCAR.
In the event of termination by the Member, no monthly, annual, application, conduct record/proof of insurance or similar fee will be refunded except as expressly provided in this Agreement. In addition to the termination provisions set forth in Section 8.2 below, Zipcar may terminate this Agreement at any time with at least thirty (30) days` notice to the Member, in which case Zipcar may refund a proportionate portion of the Member`s annual membership fee for the termination year. With respect to any termination or termination of this Agreement, the Member shall remain liable for all fees, costs or expenses incurred prior to the termination of this Agreement. 3.1 To be eligible for our Service, the Member must: l. Driving using a mobile communication device that can distract you from driving, including driving by texting, emailing, using a mobile phone without a hands-free system, or participating in similar activities that may be prohibited by applicable law; or 10.5 Applicable Law and Rules. The Federal Arbitration Act governs the interpretation and application of this dispute settlement provision. The arbitration will be conducted before a commercial arbitrator with extensive experience in the resolution of commercial disputes by the American Arbitration Association (“AAA”). As amended by this Agreement, and unless the parties have agreed otherwise in writing, the arbitration shall be governed by the AAA Commercial Arbitration Rules and, if the arbitrator deems it applicable, by the Consumer Disputes Procedure. For more information about the AAA, its rules and procedures, and how to file a request for arbitration, you can call the AAA at 800-778-7879 or visit the AAA`s website at www.adr.org. 4.7 In the case of electric vehicles, members are also required to connect the vehicle to the vehicle`s charging station at the end of the booking. Otherwise, additional fees may apply as described in the Fees Policy. i.
Unless we set a different effective date, such changes will come into effect when Members are notified, and the notice will be deemed to have been made when such notice is posted and accessible from the first page viewed after the Member`s registration, when it is sent by email to the Member`s address registered with Zipcar or via our website, or any other applicable form of communication such as mobile communication. or a text. You agree that continued use of Zipcar constitutes acceptance of any modified terms in a revised agreement that will be effective and binding on the effective date specified in this notice or such other date as zipcar may indicate in its notice….