a. “AUTHORIZED USER” means the Member, and with the Member’s permission, Member’s spouse who meets the minimum age, license and other Enterprise CarShare requirements.
b. “AUTHORIZED PROVINCE” means the geographic boundaries of the Province where the Vehicle is located at the initiation of the Car Share Period and any bordering Province or any bordering US state.
d. “MEMBER” means the person or entity identified on this Application as Member and who also meets the minimum age, license and other by Enterprise CarShare requirements.
e. “Enterprise CarShare” means the local Enterprise Rent-A-Car Canada Company affiliated entity, and its successors and assigns, responsible for locally administering the Enterprise CarShare Car Sharing Program.
g. “CAR SHARE PERIOD” means the period between the time Member takes possession or should have taken possession of Vehicle, whichever is earlier, and the time the Member returns or should have returned Vehicle to the designated Car Share location and secures or should have secured the Vehicle as required by Enterprise CarShare, whichever is later.
h. “VEHICLE” means the Vehicle reserved by Member or any replacement vehicle(s) as may be provided by Enterprise CarShare.
i. “SPONSOR” means any organization which provides Member authorization, access to and support for Member’s use or access to the Enterprise CarShare Car Sharing Program.
j. “PERSONAL CAR SHARE PERIOD” means the period between the time Member takes possession or should have taken possession of Vehicle for use not approved by Sponsor and the time the Member should have returned Vehicle to the designated Car Share location and secures the Vehicle as required by Enterprise CarShare.
k. “BUSINESS USE CAR SHARE PERIOD” means the period between the time Member takes possession or should have taken possession of Vehicle for use approved by Sponsor and the time the Member should have returned Vehicle to the designated Car Share location and secures the Vehicle as required by Enterprise CarShare.
l. “MONTHLY USE PLAN” means an amount, agreed upon by Member in writing, paid to Enterprise CarShare on a monthly basis, in return for vehicle use.
2. Ownership/Vehicle Condition/Warranty Exclusion. Member acknowledges that Vehicle is, by ownership, beneficial interest or lease, property of Enterprise CarShare, even if owned, registered or titled to third party. MEMBER IS RECEIVING VEHICLE “AS IS” AND MEMBER AGREES TO INSPECT VEHICLE AND REPORT ANY DAMAGE BEFORE INITIATING OPERATION OF VEHICLE UNDER THE PROCEDURES SET ON THE MEMBER POLICY PAGE. ENTERPRISE CARSHARE® EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Member shall not alter the Vehicle’s condition in any way. Member agrees to return Vehicle to its designated parking spot or lot on or before the agreed upon return date and time or on Enterprise CarShare’s demand and in same condition as received, ordinary wear and tear excepted. If Member determines Vehicle may be unsafe, Member shall stop operating Vehicle and notify Enterprise CarShare immediately.
3. Payment(s) by Member. Member shall pay Enterprise CarShare when due:
a. The Charges incurred for the Member’s Car Share Period or Member’s Monthly Use Plan, if applicable. All such Charges shall be as calculated and billed to Member by Enterprise CarShare. Hourly Charges, exclusive of penalties or other fees set forth herein, for a single day’s use shall not exceed the cost of a single day Charge.
b. The Mileage Charge per kilometer for all kilometer’s exceeding any free kilometers offered to Member for the Car Share. Period.
d. Other Charges (Refer to the Member Policy Page for further explanation of Charges and fees below):
· Application and Membership Fee up to but not exceeding $0 and $50.00, respectively.
· Late Fee of up to $85.00 plus any additional hourly Charges Member may incur.
· Additional Charges and Fees of up to $50.00 plus costs to accommodate the next member needing that Vehicle (e.g. taxi fare) in the event of Member’s late delivery of Vehicle.
· Failure to Refuel Fee of up to $25.00 for Members who return Vehicle with less than 1/4 of a tank of gas.
· Wrong location/Vehicle Recovery Fee of up to $75.00 plus costs incurred (e.g. tow, ticket, retrieval) for Member’s return of the Vehicle to any location other than the original assigned parking space.
· Unauthorized Driver Fee of up to $250, plus Charges in the amount of all fines, damages and repair costs incurred by Enterprise CarShare that are occasioned by the unauthorized driver’s operation of the Vehicle. Refer to Paragraph 12 for further Member responsibility in this regard.
· Smoking Fee of up $ 200.00, plus cost of cleaning.
· Pet Occupancy Fee of up to $200.00, plus costs of cleaning for any damage to a Vehicle caused by, or otherwise resulting from, an animal being in the Vehicle.
· Ignition Key Replacement Fee of up to $50.00 plus the cost of Replacement.
· Lost member card or fob of up to $15.00.
· Ticket and Citation Fees of up to $25.00 per parking ticket or other non-moving or moving violation (not due to the mechanical condition of the Vehicle) and Members are responsible for resolution of all parking tickets and all toll or other violations and citations incurred during Member’s Car Share Period. Members will be charged a Towing Fee of up to $50.00 plus towing costs and Vehicle Recovery Fees if the Vehicle is towed while parked illegally.
· Cancellation Fee of Charges due for first six hours of cancelled reservation period, less any portion of those same six hours actually used by another Member. Cancellation Fee only applies when canceling less than 6 hours prior to the beginning of the Car Share Period reserved by Member. Further info found at: https://www.enterprisecarshare.ca/gtabilling.
· A Tollpass Convenience Charge (TCC) of up to $3.95 per Car Share Period (not to exceed $10.00 for each 24 hour period a Vehicle is operated) shall be imposed on a TCC Covered Road if Vehicle operator does not pay an applicable toll. In addition to the TCC, Enterprise CarShare or a third party may separately charge Member’s credit or Monthly Use Plan (or bill Member, as applicable) for the cost of all tolls not paid by Vehicle operator incurred during the Car Share Period. Member expressly authorizes Enterprise CarShare to transfer to a third party Member’s name, address, credit/debit card information, and other data necessary to enable the collection of all tolls and associated charges (including the TCC) incurred during the Car Share Period.
· Missing gas card up to $50.00.
· Declined credit card charge up to $25.00.
· Missing parking permit or pass up to $75.00.
· Roadside service call required as a result of member error or negligence up to $65.00
· Failure to turn off lights or leaving key in ignition, resulting in a dead battery up to $75.00
· Failure to close windows or return seats to upright position up to $50
· No Reservation fee for Member taking a Vehicle without a reservation up to $50.00, plus hourly Charges incurred
· Failure to report damage, accident, theft, low fuel, pet hair, evidence of smoking in vehicle up to $50.00, in addition to other applicable Charges and Fees
· Unauthorized contact with or modification to vehicle or car sharing technology up to $250.00 plus other Charges in the amount of all fines, damages and repair costs incurred by Enterprise CarShare that are occasioned by the unauthorized tampering of the Vehicle or technology
· Failure to return membership card to Enterprise CarShare upon account closer up to $25.00
· Manual Driver License Verification up to $10.00 when automated verification fails as result of Member’s failure to update account information.
· Unauthorized Driver up to $250 and membership termination if vehicle is operated by person other than approved driver on Member account.
· The Vehicle License Fee Recovery (VLF REC) which is Enterprise CarShare's charge to recover the estimated average hourly or daily cost per vehicle of the charges imposed by governmental authorities upon Enterprise CarShare or its affiliates to title, register and plate all vehicles in its rental fleet registered in the province of rental including air conditioning tax, tire tax and battery level where applicable. The VLF REC is not calculated based on the costs imposed upon a particular vehicle.
e. All amounts paid by Member under Member’s Monthly Use Plan, if any, may be first applied by Enterprise CarShare to accrued Charges and Fees as set forth above, prior to being applied or credited to any Charges yet to be incurred by Member for use of the Vehicle during Member’s Car Share Period.
Member agrees that Enterprise CarShare shall, for all Charges and amounts incurred during Member’s Car Share Period and for any amounts as specified in Member’s Monthly Use Plan, and shall have full authorization to, charge and collect any and all Charges owed by Member, including but not limited to any balances and other amounts in any form owed by Member against Member’s credit card on file with Enterprise CarShare. Full rules for credit card payments as well as payments made by other methods (when allowed) can be found in the Member Policy page.
4. Limits on Use and Termination of Right to Use.
a. Member agrees to the limitations on use of a Vehicle under the Program, which include, without limitation, the following:
1) Vehicle shall not be driven by any person other than an Authorized Driver.
2) Vehicle shall not be used in the transportation of persons or property for-hire.
3) Vehicle shall not be used or operated: for any illegal purpose; in an illegal or reckless manner; in a race or speed contest; or to tow or push anything; or for the transportation of explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind or nature except as allowable under law.
4) Vehicle shall not be driven by any person impaired by the use of alcohol, narcotics, intoxicants, or drugs, whether used with or without a prescription.
5) Vehicle shall not be driven or taken outside of the Authorized Province(s) or states and shall not be driven on an unpaved road or off-road unless approved in writing by Enterprise CarShare for such use.
6) Vehicle shall not be used to carry passengers in excess of the number of seat belts provided by the Vehicle manufacturer.
7) Member shall not remove any items located in Vehicle, except those owned by Member or as authorized herein.
8) Vehicle shall not be operated by anyone who has provided; a fictitious name; false address; false or invalid driver’s license; whose driver’s license becomes invalid any time after initial approval of membership; who has obtained the keys without permission of Enterprise CarShare; or who misrepresents or withholds facts to/from Enterprise CarShare that are material to the Enterprise CarShare Car Sharing Program and/or the use or operation of Vehicle.
c. If Member continues to operate Vehicle after the right to do so is terminated, Enterprise CarShare has the right to notify law enforcement authorities that Vehicle has been stolen. Member hereby releases and discharges Enterprise CarShare from and agrees to indemnify, defend and hold Enterprise CarShare harmless against any liability arising from such notice and repossession of the Vehicle.
5. Accidents. Member agrees to operate Vehicle while exercising caution and care at all times. Any accident, regardless of circumstance or degree of seriousness, must be immediately reported to Enterprise CarShare and Member shall fully cooperate with Enterprise CarShare or its insurer or claims handler(s) in the investigation and resolution of any claims arising during the Car Share Period. Failure to immediately report any accident and/or cooperate in any investigation and resolution, as set forth herein, may result in additional Charges or Fees being due from Member and/or termination of Member’s membership. REFER TO THE MEMBER POLICY PAGE AND FAQ’S FOR WHAT TO DO IN CASE OF AN ACCIDENT
6. Responsibility to Third Parties. Notwithstanding the Insurance Act of Ontario, you are only insured while driving Enterprise CarShare vehicles. Enterprise CarShare is responsible for ensuring that all Enterprise CarShare Vehicles carry automobile insurance with limits of $1,000,000 for Third Party Liability, Accident Benefits with coverages and limits as required by provincial law, Uninsured/Underinsured coverage with the minimum limits as required by law and any other coverage required by provincial law. If you are involved in an accident and a claim is made against you or Enterprise CarShare, settlement of that claim will be at the discretion of Enterprise CarShare or its insurer. Coverage is subject to the terms of the applicable insurance policy and provincial law.
8. Personal Property. Enterprise CarShare is not responsible for any damage to, loss or theft of, any personal property, whether the damage or theft occurs during or after termination of the Car Share Period regardless of fault or negligence. Member acknowledges and agrees that no bailment is or shall be created upon Enterprise CarShare, whether actual, constructive or otherwise, for any such personal property carried, placed or left in a Vehicle.
9. Third Party Proceeds. If a third party, including, without limitation, an insurance company, authorizes payment of any amount owed by Member hereunder, Member hereby assigns to Enterprise CarShare Member’s right to receive such payment. Only those amounts actually paid by a third party to Enterprise CarShare shall reduce the amount owed by Member hereunder.
10. Severability. If any provision of the herein is determined to be unlawful, contrary to public policy, void or otherwise unenforceable, all remaining provisions shall continue in full force and effect. Any such provision shall be applied or modified in such a way so as to make the provision consistent with law or public policy, as applicable.
11. Limitation of Remedy/No Consequential Damages. If Enterprise CarShare breaches any of its obligations under the Agreement and/or if Vehicle has any mechanical failure or other failure not caused by Member and if Enterprise CarShare is liable under applicable law for such breach or Vehicle failure, Enterprise CarShare sole liability to Member and Member’s sole remedy is limited to the substitution of another similar Vehicle by Enterprise CarShare to Member and to recovery by Member of the pro rata hourly/overnight/daily Charges for the period in which Member did not have use of Vehicle or substitute Vehicle. MEMBER WAIVES ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO MEMBER. SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO MEMBER.
12. Damage Waiver Options: Damage Waiver is not insurance and is not required in order to rent Vehicle. Member can select one of two optional Damage Waiver products offered to cover Member's financial responsibility for damage to the Vehicle. These optional Damage Waivers must be accepted by Member to be valid. Each Damage Waiver is optional and may be declined. When an optional Damage Waiver is accepted, it covers Member's financial responsibility for damage to the Vehicle, subject to the exclusions below. The first optional Damage Waiver is a retained responsibility product at no additional charge. The retained responsibility amount is $750.00 per occurrence. The second optional Damage Waiver may be accepted by Member at an additional charge but results in no amount of retained responsibility. If Member declines both Damage Waiver options, then Member is financially responsible to Enterprise CarShare for damage to the Vehicle. When deciding whether or not to purchase Damage Waiver, Member may wish to check with Member’s insurance representative or credit card company to determine whether, in the event of damage to, or theft of, Vehicle, Member has coverage or protection for such damage or theft and the amount of Member’s deductible or out-of-pocket risk.
EXCLUSIONS: Relief from damage responsibility does not apply, and Member will be responsible for ALL damages, if:
a. The damage is caused intentionally or as a result of willful and wanton misconduct by an Authorized Driver;
b. The damage arises out of the operation of Vehicle by an Authorized Driver while intoxicated or under the influence of any illegal or unauthorized drug or prescribed medication which should not be taken during operation of a Vehicle;
c. Any transaction for a Car Share Period is based on fraudulent information supplied by Member;
d. The damage arises out of the use of Vehicle by an Authorized Driver while committing or otherwise engaged in a criminal act in which the vehicle usage is related to the nature of the criminal activity;
e. The damage arises out of the use of Vehicle to carry any person or property for hire;
f. The damage occurs while the Vehicle is operated by a person other than an Authorized Driver;
g. The damage arises from the use of Vehicle outside the Authorized Province(s);
h. The damage arises from towing or pushing anything;
i. The damage arises from the operation of Vehicle on an unpaved road;
j. The damage or loss of Vehicle is due to theft of Vehicle during the Car Share Period. However, Member shall have no liability for any loss above the retained responsibility limit due to theft if:
1) Member notifies Enterprise CarShare of the incident and files an official report to the theft with the police or other law enforcement agency within 24 hours of learning of the theft, and
2) Member cooperates fully with Enterprise CarShare, police and other authorities in all matters connected with the investigation of the theft.
In those circumstances where exclusions apply or within the Member’s retained responsibility limit, Member accepts responsibility for damage to, loss or theft of, Vehicle or any part of accessory regardless of fault or negligence of Member or any other person or act of God. Member shall pay Enterprise CarShare the amount necessary to repair Vehicle. Member shall not have Vehicle repaired without written permission from Enterprise CarShare. If Vehicle is stolen and not recovered or Enterprise CarShare determines Vehicle is salvage, Member shall pay Enterprise CarShare the fair market value less any sale proceeds. Damages for which Member is also responsible include but are not limited to: loss of use, claim administrative fees, diminishment of value, towing, storage or impound fees, and other costs incurred by Enterprise CarShare to recover Vehicle and to establish damage amounts.
14. Customers with Disabilities-Mobility Devices: Mobility devices, including left hand controls with spinner knobs, left foot accelerators and pedal extenders, are available at no additional Charge to Member. Due to the unique nature of Enterprise CarShare services and the fact that mobility devices require installation, Members must contact an Enterprise CarShare service representative by phone, available 24 hours a day, at 1-866-225-4284 to make a reservation. Please indicate to the representative that Member’s status as an “Enterprise CarShare Member” in order to receive the appropriate information. Enterprise CarShare requires a minimum of forty-eight (48) hours advanced notice to reserve a Vehicle with mobility devices. Please note mobility device-equipped Vehicles may be provided by an affiliate of Enterprise CarShare and Enterprise Rent-A-Car Canada Company an Enterprise CarShare or Enterprise representative will make arrangements for delivery and return of the Vehicle. All other Enterprise CarShare terms and conditions may apply to rentals equipped with mobility devices.
15. Telematics Notice and Release. Vehicle may be equipped with a global positioning system (GPS) device, OnStar® or another vehicle telematics system (Telematics System). Some or all Telematics System functionality may or may not be active during the Car Share Period and/or may be deactivated automatically and without warning or notice. The Vehicle may also be equipped with an Event Data Recorder (EDR) installed by the manufacturer for the purpose of recording data about the operation of the Vehicle. Member acknowledges that such systems utilize wireless technology to transmit data and, therefore, privacy cannot be guaranteed and is specifically disclaimed by Member. Member authorizes any person’s use or disclosures of or access to (i) location information (ii) automatic crash notification to any person for use in the operation of an automatic crash notification system and (iii) operational condition, mileage, diagnostic and performance reporting of Vehicle as permitted by law. Member shall inform any and all Authorized Users and passengers of the terms of this section and that Member has authorized use, disclosure or access as provided for herein. Member releases Enterprise CarShare and agrees to indemnify, defend and hold harmless Enterprise CarShare, operator of the Telematics System, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation, Member, an Authorized User and passengers) or property caused by failure of the Telematics System to operate properly or otherwise arising from the use of the Telematics System by Member, an Authorized User or Enterprise CarShare. Use of the Telematics System is subject to the terms and conditions and privacy statement (Telematics Terms) posted by the applicable Telematics System provider and/or vehicle manufacturer (in the case of OnStar, Telematics Terms are available at www.onstar.com), which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information, and user responsibilities. By accepting this Agreement, Member authorizes the provision of such Telematics Services in accordance with, and agrees to be bound by, the Telematics Terms. Third party service providers are not agents, employees, or contractors of Enterprise CarShare. The Vehicles provided may also record certain driving activities or actions, locations traveled and mileage driven as well as other Vehicle data. Member acknowledges that such data may be recorded and that Enterprise CarShare shall be entitled to access and use the same.
17. Release of Information to/from Third Parties. Member agrees Enterprise CarShare may, and Member expressly authorizes Enterprise CarShare to, provide information in Enterprise CarShare’s possession about Member, including but not limited to such driver’s name, address and driver’s license information to: applicable authorities, where solicited; and/or applicable authorities or other third parties, in connection with Enterprise CarShare’s enforcement of its rights under the Agreement. If applicable, Member authorizes Enterprise CarShare to verify and/or obtain through one or more credit agencies or other sources Member’s driver licensure status, personal credit and/or insurance information in order to confirm Member’s eligibility for the Enterprise CarShare Car Sharing Program and/or Car Sharing Period.
18. Choice of Law. All items and conditions of the Agreement shall be interpreted, construed and enforced pursuant to the law of the Province where the Vehicle is located at the initiation of the Car Share Period.
19. Qualifications. Member must place reservation in advance through the designated website as stated in on the Member Policy Page and FAQ’s. Member must meet the Enterprise CarShare normal driver and other qualifications as stated in on the Member Policy Page and FAQ’s. In submitting this Application, Member certifies that Member is (i) of the requisite minimum age; and (ii) the holder of a valid driver’s license which is not suspended, confiscated, revoked, expired or otherwise invalid; or (iii) can provide up to two (2) surrogate driver(s) that otherwise qualifies for (i) and (ii) above. If at any time Member’s driver’s license is suspended, confiscated, revoked or expired or there is a change in its status, Member must immediately notify Enterprise CarShare and Member will not be authorized to operate or reserve any Enterprise CarShare Vehicle unless so authorized by Enterprise CarShare.
21. Termination without Cause. Member may terminate the Member’s membership without cause at any time by providing written notice to Enterprise CarShare. Enterprise CarShare may terminate Member’s membership without cause upon no less than fifteen (15) days advance written notice. Notwithstanding any termination, Member will remain liable for all Charges and Fees, including account balances and any damages and penalties, incurred as of the date of termination or upon later discovery by Enterprise CarShare after such termination. Enterprise CarShare will refund to Member any amounts paid in advance to Enterprise CarShare by or on behalf of Member which are not otherwise needed to satisfy outstanding Charges or Fees, as set forth herein.
25. Mobility Membership & Transfer.
If you joined before April 2006 and purchased a mobility membership Enterprise CarShare will repay you within 90 days of our final invoice provided your request is made in writing and that you are a member in good standing.
CONSENT TO DRIVING RECORDS CHECK
Such validity checks shall be performed upon (i) receipt of Member’s Application and prior to membership approval, (ii) the annual anniversary of Member’s Enterprise CarShare Car Sharing Program initial membership date and (iii) upon Member’s drivers license expiration date.
Any discrepancies discovered concerning the validity of Member’s driver’s license could result in Member’s suspension or elimination from the Enterprise CarShare Car Sharing Program.