TERMS AND CONDITIONS
car2go N.A., LLC and car2go Canada Ltd. (Collectively, “car2go”) offer car-sharing memberships to individuals and authorized legal entities that have been pre-approved through an application process and registered as Members.
For Members who use vehicles in the United States, these Terms and Conditions are a contract and govern the relationships, rights, and obligations between car2go N.A., LLC and the Member.
For Members who use vehicles in Canada, these Terms and Conditions are a contract and govern the relationships, rights and obligations between car2go Canada Ltd. and the Member. A Member must agree to the Terms and Conditions before reserving and using a vehicle.
The Terms and Conditions contain an indemnity provision in Section 16. Section 1 − Definitions
1.1 Fee Schedule
The then current fee schedule, as may be amended from time to time, available at www.car2go.com.
1.2 Fixed Area of Operation
If the trip is commenced in the United States, the Home Area at the time of the trip and a 200 mile radius surrounding the Home Area excluding any area outside of the United States. If the trip is commenced in Canada, the Home Area at the time of the trip and a 200 kilometer radius surrounding the Home Area excluding any area outside of Canada.
1.3 Loss Damage Waiver
A loss damage waiver which, if offered by car2go and purchased by the Member, may reduce the deductible amount otherwise payable in the event the car2go insurance applies to an accident or other incident. A loss damage waiver is not insurance.
1.4 Home Area
The area predefined by car2go as the exclusive area for commencement and termination of a Trip Period. A map of the current Home Area, as may be amended from time to time, is available at www.car2go.com.
1.5 Member
A person approved through an application process and registered as an authorized car2go user and who has agreed to these Terms and Conditions and all Schedules, including the Fee Schedule, Trip Process and Privacy Policy as well as any additional Schedules that may be accepted, from time to time, by Member.
1.6 Parking Rules
car2go’s parking rules, as may be amended from time to time, applicable to the Home Area, available at www.car2go.com.
1.7 Privacy Policy
car2go’s privacy policy, as may be amended from time to time, available at www.car2go.com.
1.8 Trip Period
The span of time beginning when a Member commences a trip pursuant to Section 6 below and ending when the trip is ended pursuant to Section 7 below.
1.9 Trip Process
car2go’s Trip Process documentation, as may be amended from time to time, available at www.car2go.com.
1.10 Schedules
All the schedules to these Terms and Conditions, including the Fee Schedule, Trip Process, Privacy Policy, Parking Rules, as well as any additional Schedules that may be accepted, from time to time, by Member, available at www.car2go.com and shall form an integral part of this car sharing membership evidenced by these Terms and Conditions.
1.11 Service Center
The car2go assistance, monitoring and reporting service provided in connection with the operation of a vehicle.
1.12 Terms and Conditions
These membership terms and conditions including its Schedules, whether made available in print or electronically through car2go’s website, and periodic guidelines, rules or restrictions issued by car2go from time to time.
1.13 Usage Statement
A summary of all fees assessed to a Member’s account by car2go, generated on a regular basis, and made available at www.car2go.com.
1.14 Valid Driver’s License
A driver’s license that authorizes the person to whom it is issued to operate a vehicle in the jurisdiction where he or she uses the vehicle and who meets all of the conditions, restrictions or other requirements contained therein.
Section 2 – Terms of Use
2.1 These Terms and Conditions are a car-sharing membership contract, but do not confer any
right to use car2go vehicles. Members may use car2go vehicles, to the extent available, only in accordance with these Terms and Conditions, including its Schedules. Membership does not guarantee your ability to use car2go vehicles. All trips and car2go vehicles remain subject and subordinate to availability and car2go’s membership requirements and these Terms and Conditions, and the Member’s agreement to pay the corresponding registration fee and fees for use of the vehicles as per these Terms and Conditions and the Fee Schedule.
Section 3 – Membership Period
3.1 Unless the Membership is terminated for any reasons specified herein, the membership is for indefinite term.
Section 4 – Drive Authorization
4.1 The only individuals authorized to drive vehicles are those who: a) are Members as defined in Section 1.5;
b) hold and carry during every trip a Valid Driver’s License and are otherwise legally permitted to operate the vehicle in the jurisdictions in which the vehicle will be operated;
c) possess an adequate driving record including, without limiting the generality of the foregoing, that none of the following appear on the individual’s driving record:
(i) a currently suspended, revoked, expired or surrendered license;
(ii) convictions for any driving-related offenses under any federal, state or provincial, criminal or other laws including (a) careless or dangerous driving, and (b) driving under the influence, driving while intoxicated or driving while impaired, or (c) possession of a stolen vehicle, the unauthorized use of a vehicle, or the use of a vehicle in the commission of a crime;
(iii) three or more moving violations within the past 36 months;
(iv) failure to report an accident or leaving the scene of an accident; and
(v) a material number of demerit points, determined in car2go’s sole discretion.
d) have taken the necessary care, time and effort to familiarize themselves with the laws applicable to the operation of a vehicle in the jurisdictions in which the vehicle will be operated;
e) are at least 18 years old and comply with certain jurisdiction’s minimum driving
experience requirements, if any;
g) are of sound mind and memory and have not used any drugs, imbibed any alcohol or taken any medication that could adversely affect their ability to drive (for alcohol and drugs (whether legally prohibited, prescribed or otherwise) a zero-tolerance policy is adopted and a limit of 0.0% applies);
h) have selected a method of payment in the car2go internet portal and have registered the corresponding data or other drivers who are authorized to drive at the expense of such Member; and
i) prior to using a vehicle, have familiarized themselves with the car2go parking procedures and of the locations of designated car2go park spots for each location they wish to drive within, all of which are available at www.car2go.com as may be updated from time to time (it is the Member’s sole responsibility to determine such procedures and requirements).
Satisfying the eligibility criteria mentioned in Section 4.1 does not automatically give a person the right to become a Member. Acceptance of the person’s membership is subject to approval of his membership’s application by car2go after a complete review of his file, in accordance with the eligibility criteria specified in these Terms and Conditions.
If any of the circumstances described in Section 4.1(c) occur, or if any demerit points are added to the individual’s driving record after an application for membership has been approved by car2go, the Member must notify car2go immediately. Such Member’s account may, in car2go’s sole discretion, be suspended until such time as car2go receives an updated copy of the Member’s driving record and has verified the Member’s driving history to be satisfactory.
At the expiration of the Term of the Membership, car2go reserves the right to change the eligibility criteria mentioned in Section 4.1 and to impose other eligibility criteria by providing a prior written notice to the Member setting out the changes to the eligibility criteria mentioned herein.
4.2 By applying for membership, an applicant authorizes car2go and to the extent permitted by applicable law, to check the applicant’s driving history, driving record and/or driving abstract to determine if membership criteria are met. car2go may and to the extent permitted by applicable law, but has no obligation to, check an applicant’s or a member’s driving history, driving record, and/or driving abstract by searching relevant government and other available records, to the extent permitted by applicable law car2go may also, from time to time, request that Members obtain and provide to car2go (at the Member’s sole expense) a current driving record from the applicable governmental authority for the purpose of verifying such Member’s compliance with these Terms and Conditions. The suspension, revocation, expiry, surrender or loss of a Member’s driver’s license shall result in the immediate revocation of drive authorization and Member status.
4.3 In the event a Member is involved in an automobile accident where he/she is the operator of one of the involved automobiles, whether involving a car2go vehicle or otherwise, such Member shall,
a) immediately inform car2go and car2go may, but shall have no obligation to, obtain
an updated copy of the Member’s driving record from the applicable governmental authority, or
b) if the Member’s driving record is maintained in any jurisdiction (including Alberta, Canada) in which car2go is not able to obtain an abstract of the Member’s driving record, within 10 days of the accident, obtain and provide to car2go (at Member’s sole expense) an updated copy of the Member’s driving record from the applicable governmental authority,
for the purpose of verifying such Member’s compliance with these Terms and Conditions. Such Member’s account will be suspended until such time as car2go receives an updated copy of the Member’s driving record and has verified the Member’s driving history to be satisfactory, in car2go’s sole discretion.
4.4 All Members are strictly prohibited from permitting third parties unauthorized by car2go to drive car2go vehicles. Unauthorized third parties include a third-party Member who is not a driver of record for the Trip Period. In addition to any other rights of recourse that may be available to car2go and to the extent permitted by applicable law, for each violation of this prohibition, and to the extent permitted by applicable law, the Member shall pay liquidated damages in the amount of $1,500 (in the national currency of the Home Area) per violation.
Section 5 – Means of Access
5.1 Members will have a RFID chip embedded into their membership cards. This enables the
Member to access car2go vehicles.
5.2 The membership card and associated RFID chip remains the property of car2go. Removing
the chip from the membership card will destroy its electronic function. Separating the chip in any way from the membership card is prohibited. Any violations of this provision shall result in the immediate revocation of drive authorization and Member status.
5.3 Any use of information technology in an attempt to read, copy or manipulate the RFID chip is prohibited. Any violations of this provision shall result in the immediate revocation of drive authorization and Member status. The Member shall bear the costs of any damage that may potentially result from such violation.
5.4 Members must immediately report the loss of a membership card to car2go (via the internet portal or by telephone to the Service Center), so that car2go can deactivate the RFID chip and prevent any improper use. The Member will be informed of such deactivation via e-mail to the e-e-mail address provided by the Member at the time of registration.
5.5 Members shall pay a fee, as determined by car2go in the Fee Schedule, for the replacement of lost or damaged RFID chips or membership cards assigned to the Member. Members shall be responsible for all damages resulting from loss of a membership card, including but not limited to, theft, damage or improper use of a vehicle.
Section 6 – Reservation and Commencement of Trip Period
6.1 Members may reserve vehicles prior to commencing the trip through a car2go App, online
at the car2go website or by phone (additional reservation methods may be made available in the future).
6.2 car2go retains the right to refuse a reservation if the number of available vehicles is not sufficient to fulfill all reservation requests.
6.3 A vehicle may not be used for more than four consecutive days. If a Trip Period exceeds four consecutive days, the Trip Period will be terminated by car2go and the Member will incur penalties and a manual per-day charge, as specified in the Fee Schedule, until the vehicle is returned to the Home Area and the trip is ended in accordance with procedures of Section 7 below. car2go further reserves the right to process payment for any used minutes after expiration of two days, even if the Trip Period has not been terminated. If payment is rejected or otherwise unauthorized, car2go retains the right to repossess the vehicle from its then current location and, to the extent permitted by law, the Member will assume all associated costs, including, but not limited to, key replacement if the vehicle key is not promptly returned.
6.4 Any reservation cancelled before the reservation time may result in a charge in accordance with the Fee Schedule.
6.5 Members may also choose to locate an available vehicle in any area and commence a trip
spontaneously, without a prior reservation. Such spontaneous use is possible only for those car2go vehicles that are marked “available” as evidenced by a green status light and whose card reader displays a corresponding “available” notice.
6.6 Before operating a vehicle, Members must assess the interior and exterior of the vehicle for any visible defects, damages or excessive soiling, and must immediately notify car2go of any observed defects, damages or problems to or with the vehicle itself or with any installed technology including car2go installed screens, pursuant to the car2go Trip Process. A telephone connection between the vehicle and the Service Center will be established to ascertain the nature and seriousness of any reported defects, damages and/or soiling. The Member must make complete and truthful statements. The Service Center is entitled to prohibit the Member from using the car2go vehicle if the reported defects, damages or soiling are deemed a safety hazard. A Member’s failure to report any deficiency when initiating vehicle use can result in that Member being held responsible for the repair or cleaning of the vehicle.
6.7 If the Member-reported observations result in the vehicle being deemed inoperable, the Member will be assigned a different vehicle within walking distance. If no vehicle is available, the Service Center may arrange a cab pick-up at the Member’s expense.
6.8 car2go will depend on its Members to ensure vehicles are returned in a clean state. As a result, car2go cannot guarantee that a car2go vehicle will be clean and does not take responsibility for objects, if any, left in a vehicle by any previous driver or individual.
6.9 The Service Center may contact the Member by telephone in the event of disruptions to the normal course of use (including, but not limited to, failure to commence a trip within a 30-minute period after the vehicle is reserved; or if the vehicle is parked for 15 30-minutes or more without having been locked) in order to establish the cause of the disruption to the normal course of use. The incoming call is directed to the Member’s cell phone. The Service Center may prohibit any continued use of the vehicle and/or notify the appropriate authorities if it has reasonable belief there is a violation of any law(s) and/or these Terms and Conditions.
6.10 The Trip Period is commenced as soon as the Member holds the RFID chip embedded in the membership card to the card reader installed in the windshield area or in such other manner as may be determined by car2go at the time of the use of the vehicle, and the onboard computer has confirmed receipt of the information stored on the electronic key by unlocking the central locking system.
6.11 The Trip Period ends upon the termination of the trip by the Member with due care, in accordance with Section 7 below.
6.12 During the Trip Period, use of a vehicle outside the Fixed Area of Operation is prohibited. Access to the Service Center may be limited when a Member travels outside of the Fixed Area of Operation. At no time shall a Member permit a vehicle to cross a national border or leave the country in which the Trip Period was commenced. If a vehicle is driven outside the Fixed Area of Operation, the Member will be personally responsible for costs associated with returning the vehicle to the Home Area, including, but not limited to, costs associated with vehicle repair, motor-vehicle accidents or collisions and towing services. The Member responsible for such vehicle will continue to incur charges until the vehicle is returned to the Home Area. At its sole discretion, car2go reserves the right to repossess any car2go vehicle operating outside the Fixed Area of Operation at any time during or after the Trip Period.
Section 7 – End of Trip
7.1 When the Member wishes to end a trip, the Member must:
a) park the vehicle, at his/her choice, in a parking spot within an area designated and marked as a car2go car-sharing parking spot or in another parking space for passenger vehicles authorized by car2go. The Member is required to return the vehicle and end the trip according to the Parking Rules available at www.car2go.com. The Member will be personally responsible for any traffic, moving or parking violation citations issued for failure to comply with traffic rules or other laws and any highway or bridge toll charges levied against the vehicle related to the trip. Members may be charged the actual amount of such citations and a processing fee related to the citation pursuant to the current Fee Schedule. Notwithstanding any other rights of car2go contemplated herein, including Section 17 (Indemnification by Member), to the extent permitted by law car2go may elect to challenge, settle or assign to Member any such citations issued to car2go which car2go deems to have been incurred during Member’s trip. Member shall comply with car2go’s written demands to waive or assume responsibility of any related legal process and, upon written request by car2go, shall execute any required waiver, assumption or assignment of Member’s rights or obligations related thereto. b) ensure that the key, fuel card and, if applicable, parking card have been returned to
holders in the vehicle;
c) ensure that all windows and doors are fully closed and that all lights have been turned off; and
d) ensure that no trash or soiling remains in the vehicle.
7.2 The trip may be ended only if the vehicle is located within the Home Area. The exact boundaries are shown at all times at www.car2go.com. A trip may only be commenced and ended within the Home Area.
7.3 The trip may be ended only if, at the location at which the vehicle is parked, the vehicle is able to establish a connection with a cellular network. If the vehicle cannot establish a network connection but the Member is able to call car2go customer service, car2go may end the trip remotely and provide confirmation and exit instructions to the Member. If ending the trip at the parking location is not possible or not permitted by car2go customer service, the Member will have to park the car2go vehicle at car2go authorized location.
7.4 The end of the trip is initiated by the Member holding the membership card with a valid RFID chip to the vehicle once again (card reader in the windshield area) or in such other manner as may be determined by car2go at the time of the use of the vehicle. The trip is ended only if the display unit of the card reader has correspondingly confirmed this or in such other manner as may be determined by car2go at the time of the use of the vehicle. If the Member leaves the vehicle before receiving confirmation that the Trip Period has ended, the Member shall continue to accrue costs at his/her own expense.
7.5 Failure to return the vehicle in accordance with these Terms and Conditions may result in liability or criminal sanctions. For Members whose trips commence in the District of Columbia, such liability may include incarceration for a period of up to three years.
Section 8 – Settlement Account, Use Authorization Across Accounts
8.1 To enable the use of the vehicle, the Member must select a payment method on the internet portal and provide the corresponding data. The Member hereby authorizes car2go to charge Member, using the payment information supplied by the Member, following each completed Trip Period. Such charges may include additional fees, including those set out on the then-applicable Fee Schedule, associated with the Member’s non-compliance with these Terms and Conditions.
8.2 Members authorizing other Members (an authorized Member being an “Authorized
Driver”) to charge a trip to the Member’s settlement account shall be responsible for all
fees and costs resulting from such Authorized Driver’s use, including charges and fees in accordance with the Fee Schedule. Members and Authorized Drivers shall also be jointly and severally responsible for any damages caused by the Authorized Driver, and car2go’s loss of vehicle use in cases of accidents, vehicles being impounded, and improper use resulting in a vehicle being out of service. Members shall accept declarations and notices from car2go on behalf of the Authorized Driver.
8.3 Members may select a fee model from the options offered by car2go. Trips shall always be settled according to the fee model selected for the settlement account that is responsible for fees incurred (regardless of who initiated the trip).
Section 9 – Prices and Payments in Default
9.1 The Member promises to pay car2go registration fees in the amount of thirty five dollars ($35), plus applicable taxes, payable in full upon confirmation of this membership.
9.2 Members must pay the prices applicable for vehicle trips as set out in the Fee Schedule. The fee structures and prices have been set out in the Fee Schedule and include reference to community and venue taxes applicable in certain jurisdictions. All fees begin to accrue upon the commencement of the Trip Period and are payable in full at the end of the Trip Period
9.3 If the vehicle is not operational although a green status light indicated that it was “available,” the Member will not be charged.
9.4 Payments shall be made by credit card. The Member account from which the amount is to
be collected shall have sufficient funds available to cover any charges. The Member is solely responsible for any associated credit card charges or fees.
9.5 car2go may, from time to time, issue time credits to Members to be used toward future trips. Any such time credits shall not have monetary value and will expire on the date(s) noted in the Member’s account page. If any credit is remaining upon the expiry of the stated validity period, such remaining credits will expire and be removed from the Member’s account. Use of such promotional time credits to use vehicles is subject to these Terms and Conditions.
9.6 Under California Civil Code Section 1789.3, residents in the State of California in the United States are entitled to the following specific consumer rights information:
a) Pricing Information. Current rates for our services may be obtained by calling car2go at (877) 488-4224 or writing to us at 1717 W. 6th Street, Suite 425, Austin, Texas 78703. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees, or to institute new fees at any time as provided in these Terms and Conditions. b) Complaints. The Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Section 10 – Obligations of Members, Prohibitions 10.1 The Member shall:
a) handle the vehicle gently and with care, and in particular observe the stipulations of the manufacturer’s manual and the break-in rules, and adhere to applicable maximum and minimum speeds, as local speed limits and weather conditions permit.
b) immediately inform the Service Center of any instances of major soiling, accident or damage to the vehicle resulting from force or accident, followed by reporting to police if required (the Service Center can be contacted free of charge by telephone using the telephone function installed in each vehicle). At the request of car2go or its insurer, the Member must transmit to car2go a copy of any citation report or other documents related to the accident and in the Member’s possession;
c) secure the vehicle against theft (windows must be closed and central locking system enabled);
d) ensure that the vehicle is used only in a state in which it is roadworthy and reliable; e) comply with all legal obligations in connection with the operation of the vehicle to the
extent such obligations are not borne by car2go by reason of these Terms and Conditions;
g) notify car2go of any tickets and/or warnings for traffic or driving offenses received while operating a vehicle or during a Trip Period, including parking tickets;
h) keep any password and/or PINs in strict confidence and not make passwords or PINs available to third parties, including noting passwords or PINs on or near the membership card. At no time should a password or PIN be recorded in written or electronic form. If a password or PIN is recorded in written or electronic form, the Member must pay for any associated costs and/or damages arising from unauthorized use by third parties. If a Member has reason to believe a third party may have obtained unauthorized knowledge of a password or PIN, the Member must change the compromised password or PIN; and
i) To the extent permitted by applicable law, permit car2go to record telephone conversations in connection with membership, in order to clear up legal issues and/or to improve the quality of its vehicles and services.
10.2 The Member shall not:
a) use the vehicle while under the influence of alcohol, drugs or medication that could adversely impact his/her ability to drive; drinking alcohol and driving is strictly prohibited (for alcohol and drugs (whether legally prohibited, prescribed or otherwise), a zero-tolerance policy is adopted and a limit of 0.0% applies);
b) allow third parties to drive a vehicle (including individuals who are themselves Members, but who did not initiate the current trip);
c) use the fuel card to get gasoline for vehicles other than the vehicle to which the fuel card is assigned;
d) use the vehicle to drive off paved roadways or in motor sports events or races of any kind;
e) engage in any distracting activity prohibited by applicable laws, rules or regulations and/or use any hand-held electronic device while operating the vehicle;
f) use the vehicle for vehicle tests, driving classes or to transport individuals as part of a commercial business;
g) use the vehicle to transport flammable, poisonous or otherwise dangerous goods for other than household use and in amounts greater than what is usually consumed in a household;
h) transport objects with the vehicle that could – due to their size, shape or weight – adversely impact the vehicle’s handling safety or that could damage the interior of the vehicle;
i) use the vehicle in the commission of a crime;
j) smoke or use tobacco products in the vehicle, or allow passengers to smoke or use tobacco products in the vehicle;
k) with the exception of guide animals accompanying a Member or passenger with a disability (which guide animals must be stored in an appropriate animal carrier), take animals into the vehicle;
l) excessively soil the vehicle or leave trash of any kind in the vehicle;
m) remove objects that are attached to the vehicle or form part of the vehicle’s equipment; n) permit more than two individuals to sit in the vehicle;
o) personally perform or authorize repairs or any conversions on or to the vehicle;
p) use the vehicle in an imprudent, negligent or abusive manner, or in any other manner deemed inappropriate by car2go, in its sole discretion;
q) use the vehicle to propel or tow any vehicle, trailer or other object; or r) use the vehicle to carry persons or property for hire.
10.3 In the interests of all Members and the general public, the Member’s style of driving should
be suited to improving fuel economy.
Section 11 – Actions in the Event of Accidents, Damages, Defects, Repairs
11.1 The Member is solely responsible for all damage to a vehicle (including major soiling) incurred during the Trip Period. If damage to the vehicle is reported, the last Member responsible for use of the vehicle shall be presumed to have caused and shall be liable for the damage absent evidence to the contrary, as may be determined by car2go in its sole discretion.
11.2 The Member must report accidents, defects or damage to the vehicle resulting from force or accident to the Service Center, followed by reporting to police if required (the Service Center can be contacted free of charge by telephone using the telephone function installed in each vehicle).
11.3 If the police attend to the scene of an accident involving the vehicle, the Member must remain at the accident site until the police have finished making a record of the accident and must take reasonable measures to conserve evidence and mitigate any damages. If the police do not attend at the accident site, the Member must report the accident to the nearest collision reporting center if required. In the event of an accident, the Member shall not acknowledge his or her culpability, shall not accept or admit any liability, and shall not make any similar declaration. The vehicle that has been in the accident may be parked only in an area that is sufficiently supervised and safe. Members shall fill out an incident report form in the event of an accident, injury, or other incident and provide a copy to car2go.
11.4 To the extent permitted by applicable law, in all cases, car2go is entitled to any compensation of damages paid in connection with damages to a vehicle. Should such funds have been paid to the Member, the Member must transfer such funds to car2go.
11.5 The Member is solely responsible for the consequences of traffic offenses or criminal acts that are established to have been perpetrated in connection with use of the vehicle, including parking tickets, and shall be responsible to car2go for any fees and costs car2go may incur in connection with same. The Member authorizes car2go to release to any governmental agency or court, information relating to any person who uses a car2go vehicle. car2go may elect, in its sole discretion, to settle any such claims, including fines issued for parking violations, on behalf of the Member or, to the extent permitted by applicable law, transfer any legal process, responsibility or liability related to such claim to the Member.
11.6 Should car2go so demand, the Member must immediately provide information on the location of the vehicle and to enable inspection by car2go or other third parties designated by car2go.
Section 12 – Suspension and Termination of Driving Privileges and Membership and Ending of Trip Period by car2go
12.1 car2go or the Member may terminate the agreement evidenced by these Terms and Conditions with or without cause at any time by providing written notice to the non-terminating party. Notwithstanding any termination, the Member will remain responsible for all charges, including account balances, registration fees and any damages and penalties incurred as of the date of termination. Members will only be able to obtain refunds for registration fees pursuant to their rights under applicable consumer protection legislation.
12.2 car2go shall be entitled to terminate driving privileges immediately if the Member:
a) does not pay charges at the time such charges are due and/or if car2go receives notice that the method of payment selected in the Member’s application has been lost, stolen, cancelled, revoked, expired, suspended, or otherwise invalidated UNLESS an alternative method of payment acceptable to car2go has been arranged within 24 hours; b) fails to meet car2go’s membership requirements;
c) fails to maintain a driving record in compliance with the requirements of Section 4.1(c);
d) fails to comply with any car2go rules or policies relating to operation of a vehicle; e) no longer possess a Valid Driver’s License;
f) misuses or unauthorized use of any vehicle or vehicle fuel card by the Member; g) returns the vehicle to an unauthorized location;
h) fails to notify car2go of any defect with a vehicle adversely affecting the operation of that vehicle;
i) has made statements which have been proven to be incorrect or has failed to disclose circumstances in the course of the relationship which have been proven to be required under these Terms and Conditions;
j) fails to comply with the Terms and Conditions and/or abuses the Membership in a way that detrimentally affects other car2go members as determined in car2go’s sole discretion; or
k) Notwithstanding the foregoing, car2go may suspend or terminate membership and/or driving privileges at any time and for any reason whatsoever, in car2go’s sole discretion.
12.3 If a membership is suspended or terminated in accordance with Section 12.1, car2go:
a) may take possession of the vehicle , at the Member’s expense, if the Member fails to immediately return the vehicle in its possession to car2go upon termination and/or suspension of the membership;
b) is entitled to payment of any fees and/or associated costs until the vehicle is returned; and
c) is entitled to compensation of damages. By way of compensating its damages, car2go will invoice the Member for specific damages resulting from the non-fulfillment of any provision of these Terms and Conditions.
12.4 car2go or the Member may terminate the agreement evidenced by these Terms and Conditions with or without cause at any time by providing written notice to the non-terminating party. Notwithstanding any termination, the Member will remain responsible for all charges, including account balances, registration fees and any damages and penalties incurred as of the date of termination. Members will only be able to obtain refunds for membership fees pursuant to their rights under applicable consumer protection legislation.
Section 13 – Insurance and Member Responsibility (INCLUDING DEDUCTIBLE)
13.1 car2go complies with applicable motor vehicle financial responsibility laws by obtaining insurance coverage for the benefit of qualifying Members. The Member (and any other person authorized by car2go to drive the vehicle) qualifies as an insured under car2go insurance only if the Member (or other car2go authorized driver) complies these Terms and Conditions, including using the vehicle in compliance with these Terms and Conditions and the Member (or other car2go authorized driver) is at least 18 years old and complies with certain jurisdiction’s minimum driving experience requirements, if any (or as otherwise agreed by contract). The car2go insurance does not cover a Member (or any other driver or vehicle occupant) if the vehicle is used in violation of these Terms and Conditions, or if the Member (or other driver) has violated these Terms and Conditions, or if the Member (or other car2go authorized driver) is not 18 years of age or older or, in the case of British Columbia, 19 years of age (unless otherwise agreed by contract). The car2go insurance provides to qualifying Members (and other car2go authorized drivers) insurance as follows: (a) liability insurance coverage for bodily injury and property damage to a maximum limit of $100,000 per person/$300,000 per accident or such other amount as car2go may elect to provide, in accordance with minimum statutory financial responsibility limits; (b) basic no-fault benefits if the applicable state or province has adopted a no-no-fault statute; and (c) uninsured motorist bodily injury coverage with a coverage limit equal to the lesser of: the statutory minimum financial responsibility limits for the applicable state or province and the minimum limits of uninsured motorist coverage defined by the laws of any applicable state or province. No other insurance is provided by car2go.
USE OF A VEHICLE IN VIOLATION OF THESE TERMS & CONDITIONS IS WITHOUT CAR2GO’S PERMISSION, VIOLATES THE AGREEMENT BETWEEN MEMBER AND CAR2GO, AND DISQUALIFIES MEMBER AND ANY DRIVER FROM CAR2GO INSURANCE COVERAGE, AND FROM LOSS DAMAGE WAIVER, WHERE PERMITTED BY LAW.
13.2 The terms of insurance provided by car2go in accordance with Section 13.1, and the coverage limit per accident applicable therein, vary by jurisdiction. Summary information about minimum insurance coverage levels for the jurisdictions in which car2go operates is available at www.car2go.com or by contacting the applicable insurance commissioner or government authority.
13.3 MEMBER DEDECUTIBLE OBLIGATIONS: Unless the member has obtained a loss damage waiver (if available and as more particularly described at Section 14), the Member will be responsible for a deductible of $1,000 (in the national currency of the Home Area) if any accident occurs or damage is suffered by reason of the fault of the Member (or other driver of the vehicle), fault for any accident or damage cannot be determined, or damages for any accident or loss cannot be recovered from a third party.
13.4 MEMBER FINANCIAL RESPONSIBILITY: In circumstances where the car2go insurance does not apply, such as where the vehicle is used in violation of these Terms & Conditions, or for other reasons, the Member is liable for the entire cost of the vehicle replacement or repair and for any and all claims of any kind made by third parties, including those made against car2go, and for the defense from and indemnity for such claims. There are laws that require vehicle operators to maintain insurance coverage for liability to third parties. Members are advised to seek other insurance protection for claims not covered by car2go insurance.
13.5 ADDITIONAL MEMBER FINANCIAL RESPONSIBILITY: If at any time it appears that claim losses exceed the limit(s) of insurance provided by car2go as described at Section 13.1, car2go will not be liable for such excess amounts. car2go may notify the Member’s insurance carriers of liability claims. If the losses exceed the insurance coverage applicable to the Member, the Member will be personally liable for the excess amount of any losses.
Section 14 – Loss Damage Waiver
14.1 If offered by car2go, Members may enjoy reduced deductible obligations from those set out at Section 13 if, at the time of an accident or other incident to which car2go insurance applies, the Member is a subscriber of car2go’s Loss Damage Waiver, if offered by car2go, and has duly completed such documents or acknowledged their agreement to such forms as car2go may require. The Loss Damage Waiver may be offered by car2go alone or in combination with other services and benefits.
14.2 The Loss Damage Waiver is not insurance and does not modify the terms of insurance provided by car2go for the benefit of the Member or those of their own personal insurance policies. If offered by car2go, the Loss Damage Waiver is provided by an automatic-renewal monthly subscription fee on a non-refundable basis, cancellable by the Member at any time. Loss Damage Waivers will not apply in any circumstance where insurance provided under these Terms and Conditions is not available or where the Member violates these Terms and Conditions. Full terms and conditions are available at www.car2go.com
Section 15 – Liability of the Member, Liquidated Damages, Exclusion
15.1 The Member shall be responsible to car2go for theft, damages to, or the loss of, the vehicle, car2go’s loss of vehicle use in cases of accidents, vehicles being impounded, and improper use resulting in a vehicle being out of service, and for damages suffered by a third party. The Member shall fully compensate car2go for such damages and losses, provided they were caused by the Member or by actions of a third party that are to be attributed to the Member. Furthermore, the Member shall be responsible to car2go for the full amount of damages if the vehicle has been damaged or lost or if a third party has suffered damages by the fact that the Member or third parties for whom the Member is responsible have culpably violated these Terms and Conditions or the stipulations of applicable law and have thus adversely impacted insurance coverage. If an uninsured Member is liable, the Member shall indemnify and hold harmless car2go against any claims by third parties.
15.2 In addition to any other rights of recourse that may be available to car2go and to the extent permitted by applicable law, the Member must pay liquidated damages in the amount of $1,500 (in the national currency of the Home Area) per violation if he or she has permitted an unauthorized person to drive the vehicle. In such event, the liquidated damages will be offset against any amount owed by car2go to the Member.
15.3 In the event of violations of these Terms and Conditions, including, but not limited to, any default on payments, car2go may exclude, with immediate effect, the Member from the use of the vehicle and may deactivate the access means (RFID chip); this exclusion may be temporary or permanent and is in car2go’s sole discretion. The Member will be informed of his/her exclusion by e-mail.
SECTION 16 – INDEMNIFICATION OBLIGATION OF THE MEMBER AND
HOLD HARMLESS REQUIREMENT
16.1 THE MEMBER SHALL INDEMNIFY AND HOLD CAR2GO, ITS PARENT AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, LAWYERS, ASSIGNS AND SUCCESSORS-IN-INTEREST, HARMLESS FOR ALL LOSSES, INCLUDING LOST PROFITS DUE TO VEHICLE DAMAGE CAUSED BY THE MEMBER, LIABILITIES, DAMAGES, INJURIES, CLAIMS, DEMANDS, COSTS, LEGAL FEES, AND OTHER EXPENSES INCURRED BY CAR2GO IN ANY MANNER FROM THE CAR2GO CAR-SHARING PROGRAM AND BASED UPON THE MEMBER’S NON-COMPLIANCE WITH THESE TERMS AND CONDITIONS, OR FROM THE USE OF THE VEHICLE BY THE MEMBER OR ANY OTHER PERSON, INCLUDING CLAIMS OF, OR LIABILITIES TO, THIRD PARTIES. THE MEMBER MAY PRESENT A CLAIM TO THE MEMBER’S INSURANCE CARRIER FOR SUCH EVENTS OR LOSSES; BUT IN ANY EVENT, THE MEMBER SHALL HAVE FINAL RESPONSIBILITY TO CAR2GO FOR ALL SUCH LOSSES. THIS OBLIGATION MAY BE LIMITED TO THE EXTENT CAR2GO’S MINIMUM FINANCIAL RESPONSIBILITY COVERAGE APPLIES.
Section 17 – Data Protection
17.1 car2go shall implement and maintain reasonable procedures for protecting personal information in compliance with applicable law and the Privacy Policy.
Section 18 – General
18.1 Fees and Refund Policy - Fees for use of vehicles are incurred as provided in these Terms and Conditions, the Trip Process terms and the Fee Schedule. Daily trip history and fees assessed by car2go to a Member’s account can be viewed by accessing Member account information at www.car2go.com. car2go will also generate usage statements summarizing fees assessed to a Member. The usage statements can also be viewed and downloaded by accessing Member account information at www.car2go.com.
18.2 Members are on notice of all fees assessed at the time the usage statement is available at www.car2go.com. Any request for refund of fees assessed to a Member’s account must be received within 14 days of the date the usage statement is available at www.car2go.com. Refunds are subject to review and approval on a case-by-case basis at car2go’s sole discretion. No portion of the registration fee shall be refunded. By providing your phone number to car2go, you expressly consent and agree that car2go may place calls and send text messages to that number, including through the use of an automatic telephone dialing system and calls utilizing artificial and pre-recorded voices and/or messages, for any purpose related in any way to your membership with car2go, including—without limitation—as part of the application or registration process, reservation process, related to the trip period, billing, customer service inquiries, and/or customer satisfaction surveys. Your consent is valid as to yourself as well as for anyone else that may use the phone number you provide and you represent that you are either the owner or the primary user of that number. You also agree to update car2go promptly in the event that you change your number so that we do not try to contact you at a number that you no longer own or use. You understand that providing this consent is a condition of membership and that if you decide you no longer wish to receive such calls or texts from car2go you will need to cancel your membership. You agree that you may only revoke this consent in writing by sending a letter to William Knapp. car2go is not responsible for any fees assessed by the Member’s cell phone provider for receipt of text messages or calls.
18.3 Choice of Law
The courts in some countries and states will not apply Texas law to some types of disputes. If you reside in one of those countries, then where Texas law is excluded from applying, your country’s or province’s laws will apply to such disputes related to these terms and the provision of services by us. Otherwise, you agree that the Texas laws will apply to any disputes arising out of or relating to these terms and the provision of services by us. Similarly, if the courts in your country or state will not permit you to consent to the jurisdiction and venue of the courts in Texas, then your local jurisdiction and venue will apply to such disputes related to these terms and the provision of services by us. Otherwise, all claims arising out of or relating to these terms or the provision of products and services by us will be litigated exclusively in the courts of Texas, and you consent to personal jurisdiction in those courts.
18.4 Conflicts - In the event of any conflict between these Terms and Conditions and any other document with respect to the car2go car-sharing program, including the Trip Process, these
18.5 Assignment. The rights granted by these Terms and Conditions and any other document with respect to the car2go car-sharing program, including the Trip Process and Privacy Policy, are not assignable or transferable to third parties, in whole or in part.
18.6 User Guide, Parental Consent Forms, Application - These Terms and Conditions, together with the User Guide, Trip Process terms, member application and any applicable consent forms constitute the entire agreement between the Member and car2go and will become a binding agreement between the Member upon acceptance by the Member. Should any individual terms or provisions in these Terms and Conditions become ineffective, this shall not impact the effectiveness of the remaining terms of these Terms and Conditions.
18.7 Limitations of Liability and No Third-Party Beneficiaries - This Agreement is intended for the benefit of Member and car2go and no other party may claim rights hereunder, whether as a third-party beneficiary or otherwise. UNDER NO CIRCUMSTANCES WILL CAR2GO BE LIABLE TO ANY MEMBER OR ANY THIRD-PARTY FOR INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
(INCLUDING LOST PROFITS) ARISING FROM OR RELATED TO THIS AGREEMENT OR USE OF CAR2GO VEHICLES AND SERVICE.
18.8 Responsibility for Personal Property – car2go is not responsible for loss of or damage to your property or the property of others left at any time in or on any vehicle or on car2go’s premises, even if it is in car2go’s possession and regardless of who is at fault. You will be responsible to car2go for all claims made by others for such loss or damage.
18.9 Acknowledgement - Members may be required to re-acknowledge receipt and acceptance of the membership Terms and Conditions on a touch screen in the vehicle before commencing a Trip Period.
18.10 No Waiver – Acceptance by car2go of any default or failure by the Member shall not affect or alter car2go’s rights in regard to any subsequent failure, whether of the same or of a different nature. If either party should waive, neglect or delay the exercise of a right or recourse provided by this contract, this shall never be interpreted against said party as a renunciation of its rights and recourses, as long as the conventionally or legally prescribed time for exercising such a right or recourse has not expired.
18.11 Severability - Each provision of these Terms and Conditions is distinct and separate. Therefore, any decision by a court under which any of the provisions contained in the said documents is declared null, invalid or unenforceable shall in no way affect the validity, nature or enforceability of any other provision.
18.12 Gender and Number - Where required by the context, the masculine gender used herein includes the feminine and vice-versa and the singular includes the plural and vice-versa and, in those cases, the rest of the sentence or sentences concerned shall be interpreted as though the required grammatical or terminological changes had been made.
18.13 Modifications of Terms and Conditions – The current version of these Terms and Conditions is available at www.car2go.com. car2go reserves the right to amend, supplement or replace these Terms and Conditions, from time to time and shall give notice of such changes as required by applicable law. Notice to the Members shall be considered given when such notice is indicated and accessible from the first page accessed after the Member log-on to the car2go website or by email to the Member’s address provided to car2go. Member agrees that all modifications shall be effective and binding on the effective date indicated in the notice. To the extent permitted by applicable law, by making a reservation after receiving notice of any modifications to the Terms and Conditions, Member assents to and will be bound by such changes to the Terms and Conditions.
18.14 Integrated Agreement – The Terms and Conditions as modified from time to time, encompass the entire agreement between you and car2go, and supersede all previous understandings and agreements between you and car2go. You acknowledge and represent that you have not relied on any representation, assertion, guarantee, warranty, collateral contract, or other assurance, except those set out in the Schedules and Terms and Conditions as modified from time to time.
18.15 Notice to car2go– Except as otherwise required herein, notice required to be given by the Member to car2go shall be provided in writing. Such notices shall be given (1) by delivery in person; (2) by a nationally recognized next day courier service; or (3) by first class, registered or certified mail, postage prepaid. Such notices so given shall be effective upon receipt by car2go at the following address:
car2go c/o William Knapp 1717 W.6th Street, Suite 425
Austin, Texas 78703, United States
18.16 Questions - Comments or questions regarding these Terms and Conditions should be directed to car2go. Visit www.car2go.com for available methods of contact.
Section 19 – EXPLANATIONS AND COMPREHENSION
19.1 THE MEMBER DECLARES TO CAR2GO THAT HE OR SHE HAS RECEIVED ALL REASONABLE EXPLANATIONS REQUIRED OF THE CONTENT OF THESE TERMS AND CONDITIONS AND THE ASSOCIATED TRIP PROCESS AND PRIVACY POLICY AND ANY OTHER DOCUMENT WITH RESPECT TO THE CAR2GO CAR-SHARING MEMBERSHIP, INCLUDING ALL SCHEDULES AND THAT HE OR SHE HAS TAKEN ALL REASONABLE AND PRUDENT MEASURES TO ENSURE THAT HE HAS OR SHE CORRECTLY UNDERSTOOD EACH AND EVERY ONE OF HIS OR HER COMMITMENTS AND OBLIGATIONS.
