“Application” means the application that you submitted or will submit to Enterprise CarShare for membership in the Car Sharing Program.
“You” and “your” refer to the person or entity identified on the Application and/or the Agreement and who also meets the minimum age, license and other Enterprise CarShare requirements.
“Authorized Driver” means you.
“Authorized State” means the geographic boundaries of the State where the Vehicle is located at the start of the Car Share Period and any bordering state within the United States, but under no circumstances shall it mean any location outside of the United States.
“Car Share Period” means the period between the time you take possession or should have taken possession of the Vehicle and the time you should have returned the Vehicle to the designated Car Share location and secured the Vehicle as required by Enterprise CarShare.
“Car Sharing Program” means the car sharing program offered by Enterprise CarShare under the Agreement.
“Monthly Use Plan” means the amount you agree in writing to pay Enterprise CarShare on a monthly basis, in return for a specified level of use of the Vehicle, as part of the Enterprise CarShare Car Sharing Program.
"Sponsor" means any organization which provides you authorization, access to and support for your use of or access to the Enterprise CarShare Car Sharing Program.
“Personal Car Share Period” means the period between the time you take possession or should have taken possession of the Vehicle and the time you should have returned the Vehicle to the designated Car Share location and secured the Vehicle as required by Enterprise CarShare.
“Business Use Car Share Period” means the period between the time you take possession or should have taken possession of the Vehicle for use approved by the Sponsor and the time you should have returned the Vehicle to the designated Car Share location and secured the Vehicle as required by Enterprise CarShare.
“Vehicle” means the Vehicle you reserved or any replacement vehicle(s) provided to you by Enterprise CarShare.
“Enterprise CarShare” means the local Enterprise-affiliated entity, and its successors and assigns, responsible for administering the Enterprise CarShare Car Sharing Program in your area.
2. Ownership/Vehicle Condition/Warranty Exclusion.
a. You acknowledge that the Vehicle belongs to Enterprise CarShare®, even though another name may appear on the Vehicle’s registration or title.
b. YOU ARE RECEIVING THE VEHICLE “AS IS.” YOU AGREE TO INSPECT THE VEHICLE AND REPORT ANY DAMAGE TO ENTERPRISE CARSHARE BEFORE OPERATING THE VEHICLE. .
c. ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE, ARE EXPRESSLY EXCLUDED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
d. You must not change the Vehicle’s condition in any way. You agree to return the Vehicle to its designated parking spot on or before the date and time Enterprise CarShare tells you. You must return the Vehicle in the same condition as you received it, except for ordinary wear and tear. You must stop operating the Vehicle and notify Enterprise CarShare immediately if you think that the Vehicle is unsafe.
3. Your Payment(s). You agree that Enterprise CarShare can bill you by electronic mail sent to the e-mail address you provide to Enterprise CarShare. You will pay Enterprise CarShare for the following expenses when due:
b. The Mileage Charge per mile for all miles travelled by the Vehicle (exceeding any free miles you may have for the Car Share Period).
c. Other Charges will include:
1. An Application Fee of up to $25.00.
2. A Membership Fee of up to $150.00.
3. A Late Fee of up to $50.00.
4. Additional Charges and Fees for any additional hourly Charges you may incur, plus up to $50.00 to accommodate the next member of the Car Sharing Program who needs that Vehicle (including such things as taxi fare) if you are late in returning the Vehicle to Enterprise CarShare.
5. Failure to Refuel Fee of up to $25.00 if you return the Vehicle with less than ¼ of a tank of gas.
6. Wrong location/Vehicle Recovery Fee of up to $50.00 plus costs incurred (e.g., tow, ticket, and retrieval) if you return the Vehicle to any location other than the original assigned parking spot.
7. Unauthorized Driver Fee of up to $250, plus charges in the amount of all fines, damages and repair costs that Enterprise CarShare incurs because an unauthorized driver operates the Vehicle. Please refer to Paragraph 12 for your additional responsibility if this should happen.
8. Smoking Fee of up $50.00, plus cost of cleaning.
9. Pet Occupancy Fee of up to $50.00, plus cost of cleaning for any damage to a Vehicle caused by, or otherwise resulting from, an animal being in the Vehicle. Service animals used by members or passengers with disabilities are allowed in the Vehicle without a carrier.
11. Ignition Key Replacement Fee of up to $50.00, plus cost of replacement. Keys should never be removed from the Vehicle.
12. Failure to lock Vehicle with membership card at the end of the Car Share Period will incur a $50.00 fee.
13. Ticket, Toll 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). You are responsible for paying or otherwise resolving all parking tickets and all toll or other violations and citations incurred during your Car Share Period.
14. Enterprise CarShare will charge you a Towing Fee of up to $50.00, plus towing costs and Vehicle Recovery Fees, if the Vehicle is towed while parked illegally.
15. Cancellation Fee of equal to the Charges that you would have paid for the first three hours of any cancelled reservation period, less any portion of those same three hours actually used by another member of the Car Sharing Program. This Cancellation Fee only applies if you cancel less than three hours prior to the beginning of the Car Share Period that you reserved.
16. No Reservation Fee of up to $50.00, plus hourly Charges incurred, if you take a Vehicle without a prior reservation.
17. Missing parking permit/pass of up to $50.00.
18. Missing fuel card of up to $50.00.
19. Failure to turn off lights resulting in a dead battery of up to $50.
20. Failure to close windows or return seats to upright position of up to $50.
21. Replacement Membership Card Fee of up to $10.00.
22. Declined credit card charge of up to $25.00.
23. Manual Driver License Verification Fee of up to $10.00 when automated verification fails because you did not keep your account information updated.
24. Roadside service call required as a result of your error or negligence up to $50
25. Failure to report damage, accident, theft, low fuel, pet hair, or evidence of smoking in Vehicle of up to $50.00, in addition to other applicable Charges and Fees.
26. Unauthorized contact with or modification to the Vehicle or Car Sharing technology of up to $250.00 plus other Charges in the amount of all fines, damages and repair costs that Enterprise CarShare incurs because of unauthorized tampering with the Vehicle or the Car Sharing technology.
d. You authorize Enterprise CarShare to charge the credit card that you have on file with Enterprise CarShare all Charges and amounts incurred during the Car Share Period and any amounts specified in your Monthly Use Plan. You will maintain a valid credit card on file with Enterprise CarShare at all times during your membership, which will be in your name only.
e. Enterprise CarShare will first apply or credit all amounts that you pay to Enterprise CarShare under your Monthly Use Plan, if any, to past Charges that you owe. Enterprise CarShare will then apply or credit any remaining amounts that you pay to current and future Charges for use of the Vehicle during your Car Share Period.
4. Limits on Use and Termination of Right to Use.
a. You agree to the limitations on use of the Vehicle under the Car Sharing Program set forth below:
1. Only an Authorized Driver may operate the Vehicle.
2. No one may use the Vehicle to transport people or property in exchange for a fee.
3. No one may use or operate the Vehicle: 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 illegal transportation of explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind or nature.
4. No one may operate the Vehicle under the influence of alcohol, narcotics, intoxicants, or drugs, whether used with or without a prescription.
5. No one may take or drive the Vehicle outside of the Authorized State(s) or drive on an unpaved road or off-road without Enterprise CarShare’s prior written approval.
6. No one may use the Vehicle to carry passengers in excess of the number of seat belts provided by the Vehicle manufacturer.
7. You may only remove from the Vehicle those items that you own or are authorized to remove.
8. No one will be permitted to operate the Vehicle who has provided Enterprise CarShare with a fictitious name, false address, or false or invalid driver’s license; whose driver’s license becomes invalid any time after membership is approved; who has obtained the keys to the Vehicle without Enterprise CarShare’s permission; or who misrepresents or withholds material facts to or from Enterprise CarShare.
c. If you continue to operate the Vehicle after your right to do so has terminated, then Enterprise CarShare has the right to notify the police that the Vehicle has been stolen. You release and discharge Enterprise CarShare from any liability arising from such notice and repossession of the Vehicle. Further, you will indemnify, defend and hold Enterprise CarShare harmless against any such liability.
5. Accidents. When operating the Vehicle, you will exercise caution and care at all times. You must immediately report to Enterprise CarShare any accident involving the Vehicle, no matter who was at fault or how serious it is. You must fully cooperate with Enterprise CarShare and/or its insurer or claims handler(s) in the investigation and resolution of any claims arising during the Car Share Period. You will be required to pay additional charges and fees, and Enterprise CarShare may terminate your membership, if you fail to immediately report any accident and/or cooperate in any investigation and resolution. SEE PARAGRAPH 12.
Unless required by law, Enterprise CarShare does not provide you with any protection provided under: (a) first party benefits; (b) personal injury protection; (c) medical payments; (d) no-fault; and/or (e) uninsured or underinsured motorist. Enterprise CarShare will not provide insurance for physical damage to, or theft of, the Vehicle or the contents of the Vehicle.
8. Personal Property. Enterprise CarShare is not responsible for any damage to or any loss or theft of any personal property, whether the damage or theft occurs during or after the Car Share Period, even if Enterprise CarShare® is at fault or negligent.
9. Third Party Proceeds. If a third party, including, but not limited to, an insurance company, authorizes payment of any amount that you owe, you hereby transfer to Enterprise CarShare your right to receive that payment. Only those amounts a third partyactually pays to Enterprise CarShare will reduce the amount that you otherwise owe to Enterprise CarShare. You will remain responsible for all charges not paid by that third party.
11. Limitation of Remedy/No Consequential Damages. If Enterprise CarShare breaches any of its obligations under the Agreement and/or if the Vehicle has any mechanical failure or any other failure, which you did not cause, and if Enterprise CarShare is liable under applicable law for that breach or Vehicle failure, then Enterprise CarShare’s sole liability to you and your sole remedy is limited to the substitution of another similar Vehicle by Enterprise CarShare and to your recovery of the pro rata hourly/overnight/daily Charges for the period in which you did not have use of the Vehicle or substitute Vehicle. YOU WAIVE ALL CLAIMS FOR CONSEQUENTIAL, INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO YOU. SUCH DAMAGES ARE EXPRESSLY EXCLUDED AND NOT AVAILABLE TO YOU.
12. Responsibility for Damage and Optional Damage Fee Waiver Program.
a. PHYSICAL DAMAGE: Any damage to the Vehicle during your reservation is your responsibility, regardless of who was at fault. You will be required to pay the first $500 of any damages, plus associated costs.
Should the Vehicle be damaged or lost as a result of your using or operating the Vehicle in a manner as described in Paragraphs 12.c(1)-(5) below, you will be responsible for the full extent of any damage to or loss of the Vehicle, as permitted by law, including associated costs.
b. For an additional hourly fee, you may purchase Damage Waiver (“DW”) from Enterprise CarShare. DW is not insurance. The purchase of DW is optional. Except for the actions that invalidate DW described in Paragraphs 12.c(1)-(5), if you opt to purchase DW, Enterprise Car Share agrees to waive your damage responsibility for any damage to the Vehicle, the loss or theft of the Vehicle or any part or accessory of the Vehicle, and any costs related to those damages. You will have no responsibility for those costs regardless of who caused the damage and regardless of whether the damage was caused by your negligence. DW will not protect you if any of the events described in Paragraphs 12.c(1)-(5) happens. If any of the events described in Paragraphs 12.c(1)-(5) happens, you will be responsible for any damage to the Vehicle, the loss or theft of the Vehicle or any part or accessory of the Vehicle, or any costs related to those damages.
DW does not apply to lost keys, keys fobs, transponders, or optional accessories. DW will also not protect you from any liability imposed by any law that cannot be waived. When deciding whether or not to buy DW, you may want to check with your insurance company or credit card provider to find out:
(1.) Whether you already have coverage or protection if the Vehicle is damaged or stolen, and
(2.) The amount of your deductible or out-of-pocket responsibility if the Vehicle is damaged or stolen.
c. Damage Waiver Invalidation: Even if DW is purchased, DW will not apply if any of the following should happen:
(1) If the Vehicle is damaged when used or driven:
(a) by any person other than an Authorized Driver;
(b) by any person if there is reasonable evidence that the driver was impaired by the use of alcohol, narcotics, intoxicants, or drugs, whether taken with or without a prescription;
(c) by any person committing a felony or otherwise engaged in a criminal act;
(d) in a race or speed contest;
(e) to tow or push anything;
(f) outside an Authorized State;
(g) by any person who gave Enterprise CarShare a fictitious name, false address or false or invalid driver’s license;
(h) by any person who does not have a valid driver’s license, whose driver’s license expires, is suspended or revoked, or becomes invalid;
(i) to transport persons or property for hire;
(j) in a wanton or reckless manner or if the Vehicle is deliberately or intentionally damaged or destroyed;
(k) on an unpaved road or off-road; or
(l) to transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind; or
(2) If You misrepresent facts to Enterprise CarShare pertaining to the rental, use, or operation of the Vehicle; or
(3) If the Vehicle’s interior components are stolen or damaged when the Vehicle is unlocked or keys are not secured; or
(4) If you fail or refuse to provide Enterprise CarShare, police, or other authorities with a full report of any accident or vandalism involving the Vehicle, or if you otherwise fail to cooperate with Enterprise CarShare, police, or other authorities in the investigation of any accident or vandalism involving the Vehicle; or
(5) If the Vehicle is stolen and you fail to do any of the following:
(a) return to Enterprise CarShare the original ignition keys and Enterprise CarShare’s key tag identifying the Vehicle;
(b) file a police report within 24 hours after discovering the theft; or
(c) cooperate fully with Enterprise CarShare, police and other authorities in all matters connected with the investigation of the theft.
d. If any of the above exclusions apply, if DW is void or does not apply, or if there is any damage within your retained responsibility limit, you accept responsibility for damage to, loss or theft of, the Vehicle or any part or accessory regardless of any fault or negligence by you or any other person or act of God. You will pay Enterprise CarShare the amount necessary to repair the Vehicle. You will not have the Vehicle repaired unless you get Enterprise CarShare’s prior written permission. If the Vehicle is lost or stolen and not recovered, or if Enterprise CarShare determines that it would cost too much to repair the Vehicle, you will pay Enterprise CarShare the fair market value less any sale proceeds. Fair market value will be the retail value of the Vehicle immediately preceding the loss. Damages for which you are will be responsible will include, but not be limited to: (i) loss of use, claim administrative fees, and diminishment of value; (ii) towing, storage or impound fees; and (iii) other costs incurred by Enterprise CarShare to recover the Vehicle and to establish damages.
13. Mobility Devices. Mobility devices, including left hand controls with spinner knobs, left foot accelerators and pedal extenders, are available at no additional Charge to you. Due to the unique nature of Enterprise CarShare’s services and the fact that mobility devices require installation, you must contact an Enterprise CarShare service representative by telephone, available 24 hours a day, at 1-877-493-2270, to make a reservation. Please indicate to the representative your status as an “Enterprise CarShare Member” in order to receive the appropriate information. Enterprise CarShare requires a minimum of 48 hours advance notice to reserve a Vehicle with mobility devices. Please note that mobility device-equipped Vehicles may be provided by an affiliate of Enterprise CarShare and Enterprise Holdings, Inc. An Enterprise CarShare or Enterprise representative will arrange for the delivery and return of the Vehicle. Additional Enterprise CarShare terms will apply to rentals equipped with mobility devices.
14. Telematics Notice and Release.
a. The Vehicle may be equipped with a global positioning system (GPS) device, OnStar® or another telematics system. 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. You acknowledge that such systems use cellular telephone and/or radio signals to transmit data and communications. Therefore, Enterprise CarShare cannot guarantee your privacy.
c. You release Enterprise CarShare, the operator of any telematics systems, 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, but not limited to, you) or property caused by any failure of the telematics system to operate properly. Third-party service providers are not agents, employees, or contractors of Enterprise CarShare.
d. For additional limitations concerning warranty, privacy and performance of the telematics system in the Vehicle, contact the telematics provider. The Vehicle may also record certain driving activities or actions, locations traveled and mileage driven, as well as other Vehicle data. You acknowledge that such data may be recorded and that Enterprise CarShare will be entitled to access and use the same.
15. Universal Tollpass. You agree that you are responsible for all fines, costs, charges and attorneys’ fees paid or to be paid by Enterprise CarShare, its affiliates or a third party for legal violations, parking, tolls and similar charges that are assessed against the Vehicle during the Car Share Period (collectively referred to as "Fines, Tolls and Violations"). You consent to the payment of all Fines, Tolls and Violations by Enterprise CarShare, its affiliates or a third party on your behalf without telling you in advance. You acknowledge that, if Enterprise CarShare pays these Fines, Tolls and Violations, that may prevent you from challenging those Fines, Tolls and Violations with the applicable authority. You agree that Enterprise CarShare may provide your information to applicable authorities and/or third parties to process payment for any Fines, Tolls and Violations or to transfer to you the responsibility for paying any Fines, Tolls and Violations. Enterprise CarShare, its affiliates or a third party may charge you a fee of up to $25 per incident, to be applied to all costs relating to any Fines, Tolls and Violations and their administration. In addition, Enterprise CarShare, its affiliates or a third party may charge you a fee of up to ten percent (10%) of all toll charges incurred during the Car Share Period, to be applied to all costs relating to any tolls and their administration.
17. Release of Information to/from Third Parties. You agree that Enterprise CarShare may, and you expressly authorize Enterprise CarShare® to, provide information in Enterprise CarShare’s possession about you, including, but not limited to, your 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, you authorize Enterprise CarShare to verify and/or obtain (through one or more credit agencies or other sources) your driver licensure status, personal credit and/or insurance information in order to confirm your eligibility for the Car Sharing Program and/or Car Share Period.
18. Choice of Law. All provisions of the Agreement will be interpreted, construed and enforced in accordance with the laws of the State where the Vehicle is located at the start of the Car Share Period.
19. Qualifications. You must reserve a Vehicle in advance through the designated Enterprise CarShare website. In order to obtain a Vehicle, you must meet Enterprise CarShare’s normal driver and other qualifications. In submitting the Enterprise CarShare Application, you certify that you are (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. If, at any time, your driver’s license is suspended, confiscated, revoked or expired or if there is a change in its status, you must immediately notify Enterprise CarShare and you will not be authorized to operate or reserve any Enterprise CarShare Vehicle unless so authorized by Enterprise CarShare.
21. Termination without Cause. You may terminate your membership in the Car Sharing Program without cause at any time by providing written notice of termination to Enterprise CarShare. Enterprise CarShare may terminate your membership in the Car Sharing Program without cause upon not less than 15 days’ prior written notice. Even though your membership may have been terminated, you will remain liable for all Charges and Fees, including, but not limited to, account balances and any damages and penalties, that you incurred through the date of termination or upon later discovery by Enterprise CarShare after termination. Enterprise CarShare will refund to you any amounts paid in advance to Enterprise CarShare by you or on your behalf that are not otherwise needed to satisfy outstanding Charges or Fees.
23. Costs and Charges of Collection. You will pay to Enterprise CarShare, on demand, any and all costs, fees and expenses (including all attorneys’ fees and collection costs) that may be incurred by or imposed upon Enterprise CarShare in enforcing any term, condition and/or right against you under the Agreement, including, but not limited to, all other Charges and Fees owed to Enterprise CarShare.
25. Waiver of Liability and Indemnification
The following waiver is included as part of Enterprise CarShare’s agreement with the Philadelphia Parking Authority (PPA) and only applies to the use of Vehicles located at PPA properties. In consideration of being allowed to participate in and utilize a Vehicle as part of the Car Sharing Program sponsored by Enterprise CarShare and intending to be legally bound, you:
a. Agree that, before you use an Enterprise CarShare Vehicle, you will inspect the Vehicle and the parking lot in which the Vehicle is located, and if you believe that anything in or about the Vehicle or the parking lot where the Vehicle is located is unsafe, you will immediately notify Enterprise CarShare of those conditions and refuse to use the Vehicle.
b. Acknowledge and fully understand that each participant in the Enterprise CarShare Car Sharing Program will be engaging in activities that involve risk of serious injury, including permanent disability and death, and severe social and economic losses which might result not only from their own actions, inactions or negligence, but the action, inaction or negligence of others, or the condition of Enterprise CarShare Vehicles and parking lots where those Vehicles are parked. Further, that there may be other risks associated with the Enterprise CarShare Car Sharing Program that are not known or not reasonably foreseeable at this time.
c. Assume all the foregoing risk and accept personal responsibility for the damages following such injury, permanent disability or death.
e. Release, waive, discharge and covenant not to sue Enterprise CarShare, its administrators, directors, agents, and other employees; the City of Philadelphia (the "City"), its officials, officers, agents, boards, commissions and employees; and other participants, sponsoring agencies, and sponsors, all of whom are hereinafter referred to as “Releasees”, from any and all liability to you, your heirs and next of kin for any and all claims, demands, losses or damages on account of injury, including death or damage to property, that are caused or alleged to be caused in whole or part by the negligence of any Releasee or otherwise.
f. Agree to indemnify Enterprise CarShare and the City, their officials, officers, agents, boards, commissions and employees, to the fullest extent available under the law for any suit brought against Enterprise CarShare, its administrators, directors, agents, and other employees; the City, its officials, officers, agents, boards, commissions and employees; and other participants, sponsoring agencies, and sponsors, from any and all liability arising in any way from your role as a participant in the Enterprise CarShare Car Sharing Program for any demands, losses or damages on account of injury, including death or damage to property, caused or alleged to be caused in whole or part by the negligence of Enterprise CarShare, its administrators, directors, agents, and other employees; the City, its officials, officers, agents, boards, commissions and employees; and other participants, sponsoring agencies, and sponsors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS AND ASSUME SUBSTANTIAL RESPONSIBILITY BY SIGNING IT, AND SIGN IT VOLUNTARILY.
CONSENT TO DRIVING RECORDS CHECK
Such validity checks will be performed upon (i) receipt of your membership application and prior to your approval, (ii) the annual anniversary of your Enterprise CarShare Car Sharing Program initial membership date, and (iii) your driver’s license expiration date.
Any discrepancies discovered concerning the validity of your driver's license could result in your suspension, termination or elimination from the Enterprise CarShare Car Sharing Program.