Zipcar Membership Contract - Floating Model.
Contract Last Revised: 31 May 2017
This Contract is a vehicle-sharing service subscription contract between Zipcar Belgium BVBA (hereinafter referred to as “Zipcar”, “we”, “us” or “our”) and the Member (as defined in clause 1 below). 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 from time to time as provided herein.
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.
If you have any questions regarding this Contract, please contact us via email at firstname.lastname@example.org or by telephone at 078790980
Zipcar reserves the right to change the terms of this Contract, including the associated Schedules, from time to time. We will give notice of essential changes to Members in a timely manner. Notice to the Member will be considered given when such notice is (a) indicated and accessible from the first page accessed after the Member log-on to the Zipcar website, (b) indicated and accessible when the Member uses the Zipcar app, (c) provided by email to the Member's email address on file with Zipcar, or it is provided via our newsletter. If a Member requests (via an email to us at email@example.com), we will email that Member a notice of the changes. The Member agrees that all changes to the terms of this Contract will be effective and binding on the effective date indicated in the notice, which at a minimum should be 14 days following the notice. The Member has the option of terminating its membership with Zipcar and this Contract if he or she does not wish to accept any change to the terms of this Contract. If the Member does not terminate this Contract within 14 days following notice of any changes, the Member will be deemed to have accepted the changes set out in the notice.
In this Contract, the following definitions apply:
a. "Member" or "you": The person that is approved by Zipcar to use the Zipcar vehicle and that is designated to receive and pay all fees, charges and other costs associated with membership, including application fees, membership fees, driving charges and other costs or fees as indicated in the Rules and Schedules described below.
b. "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.
c. "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 from time to time by Zipcar, including specifically and without limitation those set forth in Schedule 1: Rules for Vehicle Use.
d. "Schedules": All the schedules, rate plans and polices referenced in or incorporated into this Contract.
e. “Designated Parking Zone”: (i) any lawful parking space in a public area within the Zipcar designated zone regardless of whether the said parking space is subject to a parking charge (the boundaries of the designated zone may be found on the Zipcar website www.zipcar.be; or (ii) any private premises which are expressly designated as Zipcar parking spaces;
2.1 This Contract is a vehicle-sharing service subscription contract offered by Zipcar Belgium BVBA. This Contract does not in itself confer any right to access and/or use any Zipcar vehicles. A Member may only use Zipcar's vehicles, to the extent that these vehicles are available, in accordance with the terms of this Contract and subject to paying all applicable fees and charges. Zipcar will take reasonable endeavours to ensure reasonable availability of Zipcar vehicles for its Members.
2.2 Once approved for membership, Members will be issued with membership cards (a “Zipcard”) and/or will have access to the Zipcar app or other online platform to enable the Member to access Zipcar vehicles subject to availability.
2.3 Members are prohibited from giving, lending or selling Zipcards or allowing other persons to drive any Zipcar vehicle or allowing other persons access to their Zipcar app or otherwise allowing anyone to benefit from the use of their Zipcard or Zipcar app. Any loss, damage to or destruction of the Zipcard must be reported to Zipcar by email to firstname.lastname@example.org. Any unauthorised use of the Zipcard, Zipcar app and/or Zipcar vehicle must be immediately reported to Zipcar by calling 078790980. Failure to comply with this clause may result in membership termination, may void any applicable insurance coverage, and may subject a Member to liability for any losses, liabilities and damages arising as a result of the unauthorised use of a Zipcard, Zipcar app and/or Zipcar Vehicle. Additionally, the Member will bear the applicable fees and costs of any Zipcar vehicle use and for any damage that results from such use and/or breach of this clause. In the event that a Zipcard has to be reissued to the Member, a charge in accordance with Schedule 2: Membership, Driving Rates and Additional Charges will be levied.
2.4 Zipcar is the owner of any item it provides to the Member or puts at the Member's disposal during the term of this Contract, including specifically and without limitation, all Zipcar vehicles, mobile and web based applications and the Zipcards. The Member's use of and rights in relation to any Zipcar vehicle or item provided by Zipcar under this Contract are limited to those rights of use stated in this Contract.
2.5 To maintain and protect Zipcar vehicles and to prevent and detect crime we may use electronic devices to monitor the condition, performance and operation of Zipcar vehicles and/or to track the movement of Zipcar vehicles. This information may be used both during your membership and after expiry and/or termination of your membership.
2.6 It is prohibited to use a Zipcar vehicle for the transportation of third party goods for payment such as, but not limited to, providing courier or delivery services. In addition, it is prohibited to transport professional sports persons or professional entertainers in a Zipcar vehicle.
3.1 To be eligible for our service, all Members must:
- be at least 20 years of age;
- have held a full driving licence for a minimum of 12 months;
- have had no more than two accidents in the last 3 years;
- not be a professional sports person or professional entertainer, unless specific prior approval is obtained from Zipcar; and
- Accurately, truthfully and fully complete the application process with Zipcar and deliver all information and documents requested in the application or otherwise.
3.2 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 and, without limiting the foregoing, membership may be denied based upon additional criteria established from time to time by Zipcar and/or its insurance providers. In addition, even if approved for membership, a Member may be restricted from driving certain Zipcar vehicles based upon the Member's driving history and experience or the membership/driving plan selected by the Member.
4. Fees and Other Responsibilities of the Member
4.1 The Member promises to pay Zipcar all applicable application and membership fees associated with the Member's driving/membership plan. If the Member provides false information and/or fails to provide information reasonably required by Zipcar when applying for Zipcar membership, Zipcar may in its sole discretion refuse to approve the Member’s application in which case the application fees will not be refunded.
4.2 When a Member's membership terminates a new application fee may be payable if a new membership application is resubmitted more than thirty (30) days after a Member's account with Zipcar is closed.
If your driving/membership plan includes an application fee, your application fee will be charged to you within five days of membership approval, regardless of whether you activate your Zipcard, and will only be refundable if you terminate your membership within the first thirty (30) days following membership approval.
Certain restrictions apply. Please read the following restrictions carefully.
• Members receive a 30 day trial period when opting for Zipcar membership. If after 30 days the members are not happy with the service that is provided by Zipcar, Zipcar will refund the application fee but not the driving costs that were incurred in this trial period.
• A trial period is available for new members only. Members that are re-opening accounts are not eligible for the trial period.
• If a coupon is redeemed and membership is cancelled within 30 days, the coupon may become void and all driving will be charged to the member.
• A trial period is not valid for accounts with a discounted rate plan (this includes, but is not limited to, Zipcar as an HR benefit, business plans, and sponsored plans).
• The 30 days trial period start once your membership application has been submitted to Zipcar.
• If you choose to relinquish your membership within the first 30 days, call us on 078790980 and your application fee will be refunded.
4.3 The Member is required to pay all fees and costs incurred when due, including, without limitation, application fees, damage waiver fees (if applicable), membership fees (which are automatically charged when due), driving charges (including but not limited to mileage overage and surcharge and/or toll fees) and parking charges incurred whilst parking any Zipcar vehicle in an area that is not within the Designated Parking Zone or while parking any Zipcar vehicle in an area where the parking permit provided by Zipcar is not valid, even within the Designated Parking Zone. Please refer to Schedule 2: Membership, Driving Rates and Additional Charges for further details of these fees and costs.
4.4 Members are billed for amounts due via credit card, debit card, or other means as established by Zipcar. Any Member account which is past due will be suspended. If payment of any amount due is rejected by the credit or debit card provided by the Member or not paid via the direct debit set up by the Member, membership, and the use of Zipcar's services, may be suspended. Members are responsible for providing and maintaining current credit card, debit card or direct debit information on file with Zipcar. Ongoing issues with credit card, debit card or direct debit 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 or debit card company or bank. For overdue accounts, Zipcar may also change when payment is due and/or terminate the Member's account. In addition, Zipcar may engage third parties to collect amounts owed to Zipcar by a Member and the Member will also be responsible for any collection or similar fees associated with these collection activities. Zipcar also reserves the right to charge interest on overdue charges at the applicable legal interest rate + 4%.
4.6 Members are responsible for providing and maintaining current email, mobile phone, preferred search address, mailing address and other account information. Telephone calls, live chats, email correspondence and social media communications with Zipcar may be recorded and/or monitored. By using these communication methods you are consenting to the recording or monitoring of your calls, emails and social media communications.
4.7 Members who do not have a Belgian driving licence must comply with the legal requirements for driving in Belgium on a foreign licence. In addition, Zipcar may at any time require Members to demonstrate compliance with the licencing laws of their jurisdiction of residence and/or impose further policies regarding the obligation to be licenced in their jurisdiction of residence. Zipcar reserves the right to request additional information, such as a copy of a passport or proof of address at any time.
4.8 If the Member's licence is suspended or revoked or becomes invalid, if the Member has any further endorsements or accidents on their driving record or if the Member is convicted of or receives a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, the Member agrees to report such suspension, revocation, changes, conviction or citation to Zipcar immediately and the Member’s right to access and/or use Zipcar vehicles under this Contract will immediately cease until further notice to the contrary by Zipcar. Failure to immediately notify Zipcar of any such events, or providing Zipcar with any false information may lead to the Member not being covered by Zipcar's insurance policy when driving a Zipcar vehicle and/or on or after termination of membership.
5. Damages; Excess charge; Damage Excess Waivers
5.1 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. The Member is responsible for the full value of any damages or injuries caused to third parties or their property. Such damages include, without limitation, the repair costs (estimated or actual) for the Zipcar vehicle and third party property, injuries to third parties, costs associated with the recovery or transportation of Zipcar vehicles, and the loss of use of Zipcar vehicles or third party property. However, as described in clause 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 Excess charge described in clause 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, if a Member permits or enables any other person to drive a Zipcar vehicle under his/her Zipcar member account (which is strictly prohibited under the terms of this Contract), this may invalidate any insurance coverage that Zipcar provides meaning that the Member will be responsible for all damage and costs incurred as a result of the use of a Zipcar vehicle by any other person under his/her Zipcar member account.
5.2 Excess charge: Assuming a Member's compliance with all of the terms and conditions of this Contract, the Member's responsibility for the damages described in clause 5.1 shall be limited to the excess charge associated with the Member's driving/membership plan and/or the type of Zipcar vehicle used by the Member. Members will be responsible for up to the full amount of the excess charge for actual, estimated or projected expenses, whether or not an actual claim is made or processed, unless the Member has purchased a Damage Excess Waiver. The excess charge will be in the amount set out in Schedule 2: Membership, Driving Rates and Additional Charges.
5.3 Damage Excess Waivers: Zipcar offers for purchase, at the option of the Member, Damage Excess Waivers (“DEW”).
For an additional charge, eligible Zipcar Members (generally Members age 20 or over who have not had an accident in Zipcar vehicle involving property damage or any third party during the past 12 months, subject to applicable limitations and restrictions) have the option to purchase a DEW to cover the Member's financial responsibility – the excess charge – for damages arising from the Members use of Zipcar vehicles. Before purchasing a DEW, you should check to see if you already have rental vehicle collision coverage through your credit card or personal automobile insurance policy that would apply to and cover the Damage Excess Waiver. You have no obligation to purchase a DEW. The purchase of a DEW is optional and may be declined. A DEW is not insurance and does not provide or alter insurance coverage.
By purchasing an optional DEW, a Member can reduce or eliminate the applicable excess charge. If a Member purchases a DEW, Zipcar will waive that Member's responsibility for all or a portion of the applicable excess charge, based upon the buy down amount (all or partial) of the DEW purchased. A DEW applies only to the specific Member purchasing the DEW. A DEW may also be limited to specific types or classes of Zipcar vehicles. Before reserving a Zipcar vehicle, Members should confirm whether any previously purchased DEW applies to the Zipcar vehicle being used. The purchase of a DEW is non-refundable.
The cost of the DEW will vary based upon, among other things, the term/type of DEW purchased (annual, monthly, reservation, or per trip), Excess charge reduction amount (all or partial), membership location, driving experience and similar factors. For annual or monthly waivers, the DEW is limited to the period stated at the time of purchase; after which, if you elect not to renew or repurchase or cancel a DEW, you will be once again responsible for the full Excess charge. A per reservation DEW applies only to the specific reservation for which it is purchased and is not transferable in any manner. DEW cost and specifications are described in Schedule 2: Membership, Driving Rates and Additional Charges.
The elimination or reduction of liability for the Excess charge through the purchase of a DEW will not apply, and previously purchased DEWs may be terminated by Zipcar, if you (1) use the vehicle in violation of this Contract, including if you permit any other person to drive a Zipcar vehicle, engage 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), damage a Zipcar vehicle or third party property; (2) have had your membership suspended or terminated by Zipcar and/or have two at fault incidents in a Zipcar vehicle involving property damage or any third party; (3) fail to close and lock all windows, doors, the bonnet and boot and the vehicle is stolen, damaged or vandalized; (4) fail to notify Zipcar immediately after an accident or loss; or (5) fail to pay any other amount due under this Contract.
6.1 Any active Zipcar Member in good standing will be provided with comprehensive motor cover when driving a Zipcar vehicle, subject to the Member fulfilling their obligations as set out in this Contract.
6.2 Zipcar vehicles are insured in conformity with the European Directive 2009/103/CE concerning vehicles insurance and 2010/c 332/a concerning the minimum amounts of coverage for civil liability for any driving in the European Union. Indemnity is granted under the Zipcar insurance policy to the Member and is subject to all its terms, conditions and exclusions.
6.3 Subject to the excess charge described in clause 5.2 above, there is cover for loss or damage to the Zipcar vehicle. However there is no cover for any damage caused by unreasonable carelessness, or negligence. In these instances the Member will be fully liable for the cost of repair and/or replacement and any related costs.
6.4 In addition, there is no cover for the theft of personal belongings from a Zipcar vehicle, or any personal accident benefits.
7. Term and Termination
7.1 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. The term of this Contract shall continue until such time as membership is cancelled in accordance with this clause 7. The Member has the right to cancel this Contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of commencement of this Contract. To exercise the right to cancel, the member must inform Zipcar of its decision to cancel this Contract by a clear statement by email to email@example.com or by calling us at 078790980. The Member may use the model cancellation form provided in Schedule 3, but it is not obligatory.
If a Member cancels this Contract and its membership within the cancellation period and before we provide any vehicle sharing services to the Member, we will reimburse all payments received from the Member.
A Member can request vehicle sharing services to be provided during the cancellation period. If we provide vehicle sharing services during the cancellation period, the Member will still have the right to cancel this Contract during the cancellation period in which case (a) Zipcar will refund a prorated portion of the Member's annual or monthly membership fee (as applicable) and such refund shall be calculated with reference to the date that the cancellation is exercised, and (b) the Member will be responsible for paying to Zipcar any charges incurred for the use of Zipcar’s vehicles during the cancellation period and any other charges and/or fines incurred by the Member connected to the use of Zipcar’s vehicles during the cancellation period.
After expiry of the cancellation period, a Member may terminate this Contract and its membership upon one day prior notice by calling us at 078790980. Please note that no monthly, annual, application or similar fee will be refunded in the event of termination by the Member after expiry of the cancellation period, except as specifically provided in this Contract.
In addition to the termination provisions set forth in clause 7.2 below, Zipcar may terminate this Contract at any time upon no less than thirty (30) days' notice to the Member, in which event Zipcar will, if applicable, refund a prorated portion of the Member's annual membership fee for the year of termination. 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.
7.2 Zipcar may also, upon simple notice to the Member, immediately terminate this Contract outside of court if the 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 ineligible or inappropriate for continued membership, (d) engages in any activities or conduct that Zipcar, in its reasonable discretion, determines to be inappropriate, negligent, offensive, abusive or otherwise unacceptable; or (e) is not paying the Member's debts as such debts generally become due, becomes insolvent, proposes any dissolution or liquidation, , makes a general assignment or trust mortgage for the benefit of creditors. No membership or other fees will be refunded in the event of termination pursuant to this clause 7.2.
7.3 Upon termination, all of the 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).
8. Limitations of Liability
8.1 Subject to clause 8.5 below, Zipcar 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 negligence or failure to carry out our obligations under this Contract).
8.2 Subject to clause 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.
8.3 Subject to clause 8.5 below, 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, 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 is 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, 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 is due to our negligence or failure to carry out our obligations under this contract;
Loss of profit, revenue, goodwill, business opportunity or anticipated saving suffered by the Member, even if foreseeable or if Zipcar has been advised of the possibility of such losses.
8.4 Subject to clause 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:
a. for third party property damage, exceed the general liability amount of €5.000.000,00 and
b. 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.
8.5 Nothing in this Agreement shall limit or exclude Zipcar's liability for personal injury or death arising out of its gross negligence or Zipcar's fraud.
9. Miscellaneous Provisions
9.2 The rights granted to the Member 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.
9.3 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.
9.4 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.
9.5 This Contract is governed by the laws of Belgium. All disputes hereunder shall be resolved solely in Belgian courts and the Brussels courts will be competent. The parties hereby consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defences otherwise available.
9.6 Zipcar may at its own discretion transfer this Contract and all related rights to a member of the Avis Budget Group upon simple notice to the Member.
9.7 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 or as updated by the Member and on file with Zipcar. 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 registered post as follows:
Zipcar Belgium BVBA
Company number: 0642.952.226
Email Address: firstname.lastname@example.org
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.
The Schedules constitute an integral part of this Contract:
Schedule 1: Rules of Vehicle Use
Schedule 2: Membership, Driving Rates and Additional Charges
Schedule 3: Model Cancellation Form
Schedule 1: Rules of Vehicle Use
In addition to the Rules and obligations set forth in the Zipcar Contract, Members are required to take careful note of, and abide by, the Rules set forth in this Schedule. All applicants for membership with Zipcar should read and understand these Rules before they apply and before they pay any applicable insurance verification, application and/or membership fees. By becoming a Member or continuing to be a Member, you are deemed to have accepted and agreed to abide by all of the following Rules. Capitalized terms used in this Schedule shall have the same meaning assigned to such terms in the Contract.
1. Persons Permitted to Use Vehicles
Only properly licensed active Zipcar Members in good standing are allowed to drive Zipcar vehicles. Non-Members are expressly prohibited from driving a Zipcar vehicle at any time. Only Members may drive a Zipcar vehicle reserved under their own Zipcar member account. Members are expressly prohibited from driving vehicles reserved under another Member’s account.
2.1 The use of a Zipcar vehicle under the following conditions is prohibited:
a. Use of a Zipcar vehicle off-road, or for racing, pace making, testing the vehicle's reliability or speed, teaching someone to drive or in connection with motor rallies, competitions or trials;
b. Towing of any trailer or other vehicle;
c. For passengers for hire or reward;
d. By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended;
e. In the carrying out of any crime or for any other illegal activity or purpose;
f. In an imprudent, negligent, or abusive manner or any other abnormal use of the vehicle;
g. By any person who has provided Zipcar with false information or whose representations are determined to be false (including, without limitation, regarding his/her name, age, or address);
h. Driving a Zipcar vehicle in countries other than Belgium is prohibited.
i. Carrying a number of passengers that exceeds the designed seating capacity of the vehicle or baggage or other items that would cause the vehicle to be overloaded;
j. Carrying or transporting any hazardous, toxic, flammable, dangerous or illegal materials;
k. Driving while using a mobile communication device that may distract you from driving, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
l. In connection with the Motor Trade;
m. Carrying or transporting of third party goods against reward or payment of any; sort, such as but not limited to couriers or delivery services; and
n. Transport professional sportsmen or professional entertainers.
2.2 The foregoing examples are not intended to be exhaustive. Any unreasonable or inappropriate use of a Zipcar vehicle, as determined by Zipcar in its sole discretion, may be deemed a violation of these Rules. Without limiting the foregoing, Members must always use Zipcar vehicles in accordance with all highway and other applicable laws and regulations. Zipcar may report to the authorities any use of a Zipcar vehicle or other activities that are in violation of applicable laws and/or regulations.
2.3 Zipcar may immediately suspend or terminate the use of its service by any Member for a violation of any of these Rules. Upon suspension or termination, any existing reservations for the Member may be cancelled by Zipcar at its sole discretion. In addition, Members will be responsible for any and all costs, charges, fees and expenses incurred by Zipcar as a result of a breach of any of these Rules.
3. Reserving Zipcar Vehicles
3.1 Members must reserve Zipcar vehicles on line or on the Zipcar app first with up to a 15 minutes pre-rental hold period before picking up the vehicle. Zipcar does not guarantee the availability of any Zipcar vehicle but will use reasonable endeavours to ensure reasonable availability of Zipcar vehicles for its Members.
3.2 The minimum rental period is one minute. The maximum rental period is 24 consecutive hours except for official school holiday periods (as defined in the school calendars of the Flemish and French Communities. During official school holidays, the maximum rental period is 48 consecutive hours. In the event that a vehicle is rented for longer than the periods described above, Zipcar reserves the right to suspend the member and/or prohibit the access to the vehicle. In addition, penalties may be charged. Renting a vehicle for back to back multi day rentals is prohibited.
3.3 No more than 2 pre rental hold period cancellations in any period of 24 hours are allowed. Pre rental hold period cancellations beyond this may be subject to certain charges and / or cancellation fees, as further described in Schedule 2: Membership, Driving Rates and Additional Charges.
3.4 When a Member wants to end its use of a Zipcar vehicle, the Member can swipe out of the Zipcar vehicle by using his/her Zipcard and/or Zipcar app. The Member will only be able to swipe out of a Zipcar vehicle when the Member has parked the Zipcar vehicle in a Designated Parking Zone (as defined in clause 1(e)). If a Member has parked the Zipcar vehicle in a Designated Parking Zone and is not able to swipe out of the Zipcar vehicle, the Member should immediately call member services at 078790980.
Members will be charged until they have successfully swiped out of the Zipcar vehicle.
Members should leave the Zipcar vehicle after use in a Designated Parking Zone as defined in clause 1(e) of this Contract, all charges or fines incurred by leaving a Zipcar vehicle outside a Designated Parking Zone, shall be charged to the Member and the Member will be responsible for the payment of those charges and/or fines.
3.7 Members will be charged for driving Zipcar vehicles using the following pricing structure: Schedule 2: Membership, Driving Rates and Additional Charges.
4. Vehicle Pick-up and Park/Vehicle Condition/Stolen Vehicles/Belongings and Lost Property
4.1 You must pick up the selected vehicle at the parking space where the selected vehicle is parked as indicated on the Zipcar app and, after you have completed your trip and no longer require the Zipcar vehicle, you can leave it parked, secured, clean (rubbish removed), with at least a quarter tank of fuel, and in good working order, within the Designated Parking Zone, as defined in clause 1(e) of this Contract. If you have not made a reservation in advance and the Zipcar app shows that there are available Zipcar vehicles, you may reserve the Zipcar vehicle and then swipe in with your Zipcard or Zipcar app to take possession of the Zipcar vehicle at your convenience. Zipcar vehicles must be reserved via the website www.zipcar.be or the Zipcar app prior to swiping in and taking possession of a Zipcar vehicle.
4.2 Prior to taking possession of a vehicle, you must do an exterior walk-around and an interior look-over. Before driving the vehicle, you must notify Zipcar of any damage or abnormality encountered on the vehicle or in the operation of the vehicle. Without limiting the foregoing, you should report to Zipcar any warning lights that stay on after the ignition is engaged, any indication of leaking fluids near the vehicle, any cracks or chips in the windscreen, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors, any other condition that may render the vehicle unsafe to operate, and any other damage that is not recorded in the vehicles damage log located in the vehicle (the "Damage Log"). If you observe any damage that is not reported in the Damage Log, you are required to inform Zipcar of such damage prior to driving the vehicle in the required manner as set out on our website: www.zipcar.be
4.3 If Zipcar is not notified of a problem prior to taking possession of a vehicle and/or driving the vehicle, you will be deemed to be responsible for any problem with the vehicle discovered or reported after your reservation, including, without limitation, damage to the vehicle, lack of cleanliness, service drive or other applicable fees, and Zipcar may suspend, or may even terminate your membership.
4.4 The key, key fob or other starting device to the vehicle must remain in the vehicle and/or be returned to its designated position within the vehicle at the conclusion of the reservation. The vehicle must be locked using the vehicle key at all times when it is not in use during your reservation. Using the Zipcard or Zipcar App to lock the vehicle ends your reservation. You must advise Zipcar immediately if you fail to leave the key/fob/starting device, fuel card or parking pass (if applicable) in the vehicle. You will be charged the relevant rate for the vehicle until you notify Zipcar in the required manner as set out on the website Schedule 2: Membership, Driving Rates and Additional Charges and you will remain responsible for the vehicle during such period. You may also be charged a fee to replace any of the items missing from the vehicle.
4.5 You are responsible for all charges and costs incurred related to the Zipcar vehicle for the entire period of the reservation and until you notify Zipcar of the end of use by the required manner indicated on Schedule 2: Membership, Driving Rates and Additional Charges. The vehicle must be parked, secured, closed, locked and serviceable (all accessories off, key out of ignition and in proper place, all windows, doors, hatches, sunroofs and other openings closed, fuel card, parking pass and other accessories in the vehicle) within the Designated Parking Zone as defined in clause 1(e) of this Contract.
4.6 Stolen vehicles must be immediately reported to Zipcar by phone and the Zipcard must be immediately returned to Zipcar as proof that you had the Zipcard secured when the vehicle was stolen.
4.7 You must check that you have not left any belongings in the Zipcar vehicle. Zipcar makes reasonable effort to reunite lost belongings with their owner; however, Zipcar shall not be held liable for any belongings left in a vehicle or stolen from a vehicle, and you agree not to hold Zipcar responsible for any such belongings, whether they are your belongings or the belongings of any third party. Any items found in a vehicle by Zipcar will be logged and held by Zipcar for a period of no less than a month. Belongings not claimed within this period will be passed on to charity or disposed of at the discretion of Zipcar.
4.8 For electric powered vehicles, you are also required to plug-in the vehicle to the vehicle's charging station at the end of the reservation. Failure to do so may result in additional fees as described in Schedule 2: Membership, Driving Rates and Additional Charges.
5. Refuelling and Eligible Expenses
5.1 When you use a Zipcar vehicle, Zipcar is responsible for the cost of fuel subject to mileage overage fees that may apply to a reservation. Members might need to fill up petrol/diesel powered Zipcar vehicles if the fuel tank drops below one quarter of a tank. We provide you a fuel card for this purpose. If the fuel card is missing or not functioning, Zipcar will reimburse you for the actual cost of fuel if you pay for it yourself in accordance with Section 5.2 below. Refuelling a vehicle might entitle the Member to driving credit as per Schedule 2: Membership, Driving Rates and Additional Charges. Zipcar fuel cards may only be used to fuel Zipcar vehicles and may not be used for any other purpose.
Members must ensure that they use the correct fuel when refuelling the vehicle (petrol or diesel). Fuel decontamination costs, and any other damage or costs including road side assistance or recovery arising from the use of the incorrect fuel, loss or damage to Zipcar fuel card will be charged as per Schedule 2: Membership, Driving Rates and Additional Charges, not limited to the Excess charge, and are not covered by Zipcar's insurance or a DEW
5.2 An "Eligible Expense" is defined as any other expense that is authorised in advance by a Zipcar Representative. If you pay for an Eligible Expense, you must keep the actual receipt reflecting the item or service purchased and the date and time of purchase (which must be during your reservation), and note on it the odometer reading at the time of the purchase. Please print your name on the receipt and email the receipt to us at email@example.com within thirty (30) days of your reservation and we will refund such amount to the relevant bank account number or credit card you have on file for the applicable reservation. No credit or refund will be given without a receipt, or if the receipt is submitted 30 days or more after the reservation date.
6.1 Zipcar will perform all necessary and required routine maintenance on all of its vehicles. However, Members are responsible for the internal cleanliness of vehicles by removing rubbish and we expect Members to assist in helping us to maintain the driving safety and performance of the vehicle, when the vehicle indicates that service or maintenance is required, by calling 078790980.
6.2 Vehicles may require Roadside Assistance from time to time. Zipcar provides Roadside Assistance support as part of our service. If, however, a Member's need for Roadside Assistance results from a breach of this Contract or a violation of Zipcar Rules, the Member may be charged for the costs of the service.
6.3 Atypical noises or driving feel, including but not limited to warning lamps, indicators, inappropriate or strange engine or other mechanical sounds, performance changes or unusual driving feel, must be reported to Zipcar as soon as noted by calling 078790980. Failure to report such irregularities during the use of a Zipcar vehicle may result in the Member's immediate suspension or termination of membership as well as the Member being responsible for any damages resulting from the continued use of the vehicle despite such irregularities. Such damages are not limited to the excess charge and are not covered by Zipcar's insurance or a DEW.
7. Breakdown or Incidents
7.1 All breakdowns, accidents or similar incidents involving Zipcar vehicles must be reported to Zipcar immediately by phone to 078790980.
7.2 Breakdown and Roadside Assistance. When using a vehicle, you must follow the owner manual's instructions. If a problem arises that prevents or limits the use of the vehicle or that may compromise safety, you must immediately notify Zipcar and follow Zipcar's instructions. Members may pay for towing, repairs, and other expenses, if authorised by a Zipcar Representative (in which case these amounts will be considered Eligible Expenses reimbursable as provided in Section 5.2), or, if approved by Zipcar's Representative, you may charge them to Zipcar's account with the applicable service vendor.
7.3 Jump start. It is strictly forbidden to perform or receive a jump start to any Zipcar vehicle or to use a Zipcar vehicle to perform a jump start to any other vehicle. You are fully responsible for any loss, liability and/or damage that may result from a breach by you of this Section 7.3.
7.4 Accident. In case of an accident, the Member must complete Zipcar's incident report form and obtain the following information:
a. Date, time, and place of accident;
b. The number plates of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate's number (with name, address and phone number of the insurance agent);
c. The names, addresses, and driver's licence numbers of the persons involved in the accident;
d. The name, address, and driver's licence number of the owner of the car (if he or she is not the driver);
e. The name, addresses, and phone number of witnesses, passengers, and any other involved persons; and
f. Circumstances of the accident.
Depending upon the severity of the accident, the Member may also be required to fill out and obtain an official police report form, and, if possible, provide a jointly agreed-upon statement.
7.5 Investigation and procedure. Members must provide to Zipcar and any other claims adjustment service the findings of any report or any notice relating to a claim or a lawsuit against Zipcar regarding any accident involving a Zipcar vehicle. Members agree to cooperate fully with Zipcar in the investigation and defence of any such claim or lawsuit. A Member's account will be suspended until the investigation has been concluded.
7.6 The Member shall be responsible for the costs related to the repair, recovery, and loss of use of any Zipcar vehicle and all third party injuries and property damages resulting from any of the foregoing, up to the current Excess charge as set forth in Schedule 2: Membership, Driving Rates and Additional Charges (except to the extent a DEW has been purchased). Estimates for any costs will be available to the Member for review and costs may be assessed in advance of repair. Please note that, as provided in clause 5.1 of the Contract, a Member may be responsible for all applicable damages and costs arising from the Member's failure to comply with the terms of the Contract.
8. Traffic Violations
8.1 You are responsible for any traffic violations incurred during your reservation or as a result of your use of a Zipcar vehicle. These include, but are not limited to parking, speeding, red light, photo enforcement, and toll violations. You are liable for all penalties/fees from any such violation, including fines for late payment and any processing penalties/fees added by the issuing municipality. You are liable for payment of all tolls and any fines for toll evasion. Wherever possible it is the Member's responsibility to pay the relevant authorities directly. Zipcar may impose a fee in connection with processing any such violations. See Schedule 2: Membership, Driving Rates and Additional Charges. You must report such violations to a Zipcar Representative as soon as possible within the prescribed deadline for the violation (for example, if the case is being taken to court).
8.2 You must notify Zipcar of any traffic violation notices found on a vehicle at the time of pickup of the vehicle. All unreported traffic violations will be the responsibility of a Member if they occur during the time period during which such Member is using or is responsible for the Zipcar vehicle.
8.3 At the end of your use of a Zipcar vehicle and/or reservation, you must not leave a vehicle in a zone which has parking restrictions or which is not within the Designated Parking Zone. If you leave the vehicle in such a restricted zone, you must immediately notify Zipcar, and you will be responsible for any and all violation notices, parking tickets or towing charges incurred by Zipcar.
8.4 Where a violation, incurred during the Member's Reservation Period or after, as a result of failure to adhere to parking regulations, is sent directly to Zipcar, transfer liability for the penalty/fee notice to the Member and the Member will then be wholly responsible for all correspondence with the appropriate authority and any penalties/fees due. Zipcar will always inform a Member which one of these two courses of action it has taken, and will endeavour to provide notice to Members before it pays any penalties/fees attributable to them. Once paid by Zipcar, it may not be possible for the Member to challenge the penalty/fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to Zipcar and will be at Zipcar's absolute discretion. In the case of traffic violations Zipcar is obliged by law to pass on the offending Member's details to the police who will then contact the Member directly.
9. Access Card/Unlocking of the Vehicle by Zipcar
Members must use a Zipcard or a smartphone to lock and unlock Zipcar vehicles. It is recommended that members carry their Zipcard at all times. Vehicle-rental/hire companies, service stations, and other businesses that have relationships with Zipcar may require Zipcar Members to present their Zipcard to receive services.
10. Smoking and Pets
Zipcar vehicles are smoke-free and smoking is strictly prohibited in a Zipcar vehicle. Pets are also prohibited, unless they are transported in locked pet carriers. Members are subject to additional charges if evidence of smoking or pets is found in Zipcar vehicles. If a Member smokes or permits any other person to smoke in a Zipcar vehicle, the Member's membership may be terminated
11. Taking a Zipcar Vehicle Abroad
11.1 Driving a Zipcar vehicle outside of Belgium is prohibited.
Schedule 2: Membership, Driving Rates and Additional Charges
By joining Zipcar, the Member agrees to pay Zipcar the costs, charges, fees and expenses set out in the Contract, including specifically and without limitation those set forth in this Schedule and on www.Zipcar.be. The following is not exhaustive and other specific fees, costs and charges may apply. The parties agree that these charges are a genuine estimate of the costs that are likely to be incurred by Zipcar in the event of the Member taking any of the actions described herein. Capitalized terms used in this Schedule shall have the same meaning assigned to such terms in the Contract.
If you are involved in an accident you will be charged up to the maximum amount of your excess charge unless you have purchased a DEW. The excess charge is subject to change at Zipcar's discretion. Please see www.zipcar.be for the rates applicable to your driving plan for your current maximum excess charge. Please note that, as provided in clause 5.1 of the Contract, a Member may be responsible for all applicable damages and costs, including those in excess of the applicable excess charge, arising from the Member's failure to comply with the terms of the Contract.
The Member may be charged for any costs incurred by Zipcar (including all repair and recovery costs, legal fees) (a) anytime a visit to the vehicle is required as a result of Rules violation or otherwise as the result of actions of the Member or (b) for any other failure by a Member to comply with any provision of the Contract or the Rules, other than those Rules for which a specific fee or charge is specifically provided in the Contract. Without limiting the generality of the foregoing, you will be charged a fee for any oversight, omission, or negligence on your part that inconveniences Zipcar or other Members, such as failing to return or losing the keys to a vehicle, failing to turn off a vehicle's headlights, failing to plug in an electric-powered vehicle at the end of reservation, causing or permitting damage to a vehicle which requires repair or cleaning of such vehicle (internal or external), returning a vehicle to the wrong place or leaving the car in a restricted parking zone, not paying a parking ticket, failing to advise Zipcar immediately of any theft, vandalism or damage relating to the vehicle, etc. Members charged for such costs shall be entitled to an itemized list of charges. Members may be charged for estimated costs pending final repair.
Schedule 3: Model Cancellation Form
To: Zipcar Belgium BVBA, Kouterveldstraat 14, 1831 Diegem, Belgium
I hereby give notice that I cancel my contract and membership for vehicle sharing services with Zipcar.
Name of member:
Address of member:
Signature of member: