/images/client_images/logo_ecs.png

 

Thank you for your interest in joining Enterprise CarShare! Applying is easy and only takes a few minutes.


A few things to note:

  • You must use your college or university-issued .edu email address in this application
  • A valid credit card in your name is required 
  • Application fees are non-refundable
  • Instructional permits (such as learner's permits, provisional/probationary licenses) are not valid for Enterprise CarShare
  • For rentals in New York, a young driver surcharge will apply to rentals for members ages 18-20

New Applicant - Member Application Form

Tuesday, September 19, 2017
Choose a Password

Please select a password to be used for online reservations.

 *
 *
Tell Us About Yourself

Enter your name exactly as it appears on your driver's license.

 *
 *
 *
 *
 *
 *
 *
 *
 *
Emergency Contact Information
 *
 *
 *
 *
Payment Information
Credit Card Information - Credit Card must be in your name

Payment Method: Credit Card

Credit Card Information Help
 *
 *
 *
 *
 *
 *
 *
Driver Record Information - Instructional permits (such as learner's permits) are not valid for Enterprise CarShare.
License Number:   *  
 *
Choose Date  
Choose Date   *
Promotions
Promotion:  
Referrals and Promotions
 *
Verification

Enterprise CarShare Terms and Conditions



BY ACCEPTING THESE TERMS AT THE TIME OF THE RESERVATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, ARE AWARE OF, ACCEPT FULL RESPONSIBILITY FOR AND ARE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THESE ENTERPRISE CARSHARE TERMS AND CONDITIONS AND THAT YOU HAVE RECEIVED ALL STATE-SPECIFIC DISCLOSURES AS OUTLINED HEREIN.

 

FOR IMPORTANT STATE-SPECIFIC DISCLOSURES WHICH MAY SIGNIFICANTLY MODIFY THESE TERMS, SEE CHAPTER C.  THESE DISCLOSURES MAY AFFECT THE TERMS OF RENTAL AS THEY RELATE TO THE STATE IN WHICH YOU FIRST APPLIED, AS WELL AS RENTALS ARISING FROM USE OF THE YOUR MEMBERSHIP IN OTHER STATES.

 

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION IN CHAPTER B, PARAGRAPH 15, WHICH LIMITS YOUR REMEDIES IN THE EVENT OF A DISPUTE ARISING FROM THESE TERMS.

 

  1. GENERAL

 

  1. Terms and Conditions. These Terms and Conditions, including the Application (also called this "Agreement" or "Terms and Conditions"), are the entire agreement between you and the local Enterprise affiliated entity ("Enterprise CarShare") and will become a binding agreement between you and Enterprise CarShare, through electronic means, on your acceptance. You expressly acknowledge that you and Enterprise CarShare are the only parties to the Agreement.   Enterprise CarShare may, from time to time, give You: (a) written notice of changes to this Agreement, or (b) an Internet website address where the revised version of this Agreement can be found. You may decline such changes by discontinuing your Membership or ceasing any rentals under the Program.  Any chnages to this Agreement shall be applicable when published by Enterprise CarShare.  Enterprise CarShare's continued approval of any person is subject to the use restrictions and timely payment of any applicable Charges, including the Fees and/or penalties, and other approvals as listed below.

 

  1. Definitions. For the purposes of this Agreement and your use of Enterprise CarShare Vehicles, the following terms are specifically defined:
    1. "APPLICATION" means the form that you complete during the application process.
    2. "AUTHORIZED AREA OF OPERATION" means the continental United States, Hawaii, or Alaska.
    3. "AUTHORIZED DRIVER" means you, and with your permission, your spouse or domestic partner (same or opposite sex) who meets the minimum age, license and other Enterprise CarShare requirements.
    4. "CARSHARE PERIOD" means the period between: (i) the time you take possession of or reserve Vehicle for rental, whichever is earlier, and (ii) the time you return Vehicle to the designated CarShare location and secure Vehicle as required by Enterprise CarShare or the conclusion of the reservation, whichever is later. 
    5. "CHARGES" means any amount that is owed by and billed to you and/or your Sponsor by Enterprise CarShare, including but not limited to time and mileage, applicable taxes, and other Fees and amounts as set forth in this Agreement.
    6. "DRIVING CREDIT" means any amount credited to you by Enterprise CarShare as part of a promotional offering or to offset Trip Time and Trip Distance charges that you incur.
    7. "ENTERPRISE CARSHARE" means the local Enterprise affiliated entity, and its successors and assigns, responsible for locally administering the Enterprise CarShare Car Sharing Program. Under this Agreement, all references to "We", "Us", or "Our" will also mean "Enterprise CarShare".
    8. "MEMBERSHIP PLAN" or "MEMBERSHIP FEE" , which may be referred to as "ANNUAL MEMBERSHIP FEE", "FIRST YEAR MEMBERSHIP FEE", or "PLAN FEE", means an amount, agreed on by you, paid to Enterprise CarShare on a periodic basis, in return for access to Enterprise CarShare services for a stated period of time.
    9. "PROGRAM" means the Enterprise CarShare Car Sharing Program as stated in this Agreement.
    10. "SPONSOR" means any organization that provides individual authorization, access to and support for your use or access to the Enterprise CarShare Car Sharing Program.
    11. "VEHICLE" means the vehicle reserved or operated by you or an Authorized Driver and any replacement vehicle(s) provided by Enterprise CarShare.

 

  1. Consent to Electronic Transactions and Communications: By agreeing to become a CarShare member, you you AGREE AND CONSENT TO CONDUCT TRANSACTIONS ELECTRONICALLY. EACH TIME YOU RESERVE A VEHICLE, YOU ALSO AGREE TO CONDUCT THE TRANSACTION ELECTRONICALLY. If you require a printed copy of the Application this Agreement, You may request one by emailing info@enterprisecarshare.com.  You may withdraw your consent to the foregoing by emaililng info@enterprisecarshare.com.  Withdrawal of consent may result in additional Charges for manual processing and signficant delay to Your membership benefits or use of Vehicles.

 

To the fullest extent permitted by applicable law, this Agreement and any notices or other communications regarding Your Profile and/or Your use of the Program ("Communications"), may be provided to You electronically and You agree to receive Communications in an electronic form. Electronic Communications may be delivered to the last electronic mail address in Your Profile. All Communications in either electronic or paper format will be considered to be in "writing". All Communications will be considered to have been received no later than five (5) business days after dissemination, whether or not You have received or retrieved the Communications. Although Enterprise CarShare reserves the right to provide Communications in paper format to You using Your most recent postal address in Your Profile, You expressly agree that any notice due under this Agreement may be given in email form to the email address provided by You and contained in Your Profile. Without limiting anything contained in Chapter A, Section 6 (Your Profile), You expressly agree that it is Your sole responsibility to keep Your email address current and up-to-date and that Enterprise CarShare may reasonably assume that any email sent by Enterprise CarShare to the email address in Your Profile will be received by You. Your consent to receive Communications electronically is valid until You revoke Your consent by terminating this Agreement.

  1. Qualifications. In submitting an Application and at each Reservation, you certify that you are:
    1. Unless otherwise required by law, at least 21 years of age; and
    2. the person whose name appears on a valid bank-issued credit or debit card (no pre-paid debit cards); and
    3. the holder of a valid email and physical address; and
    4. the person whose name appears on a valid driver's license which is not suspended, confiscated, revoked, expired or otherwise invalid. See Section B, Paragraph 13 for information on Mobility accommodations. If at any time your driver's license is suspended, confiscated, revoked or expired or there is a change in its status, you must immediately notify Enterprise CarShare and you will not be authorized to drive or reserve any Enterprise CarShare Vehicle unless authorized to do so.
    5. Otherwise in compliance with additional Enterprise CarShare Car Sharing Program and/or Sponsor qualification requirements.

 

  1. How to Become a Member. By submitting the completed Application for the Program and accepting this Agreement via our website enterprisecarshare.com, you submit an offer to Enterprise CarShare to enroll in the Program subject to this Agreement. After assessing your application, We will determine if you are approved, not approved, or if additional information is needed. If the Application is approved, Enterprise CarShare will send you an email and confirm your membership. Enterprise CarShare will provide you with a member card ("Card"). The Agreement terms will be stored by Enterprise CarShare and will be available to you via our website during the reservation process or on request by sending an email to info@enterprisecarshare.com.

 

  1. Your Profile. You agree to provide Enterprise CarShare with true, current and accurate information in your online Member Profile ("Profile"), including but not limited to your name, address, telephone number, driver's license information, date of birth, email address, and credit or debit card information. You agree to promptly update your Profile or otherwise notify Enterprise CarShare if any of the information contained in your Profile has changed. If you update your email address on your Profile at any time, you agree that Enterprise CarShare may rely on the updated email address for future communications under the Program. If your Card or any credit or debit card listed in your Profile:
    1. is lost, stolen or invalidated,
    2. you suspect it is being used without your permission, or
    3. expires,

             you will promptly notify Enterprise CarShare.


You agree that it is your responsibility to notify Enterprise CarShare of any such changes and that Enterprise CarShare is entitled to rely on any and all information that you provide and contained in your Profile as being current and accurate.

 

 

  1. Transactional Emails. Enterprise CarShare, Our affiliates and/or their agents will provide you with certain transactional emails as a benefit of membership. Transactional emails will include reservation confirmation emails for reservations made on any of the public websites of Enterprise CarShare's affiliates and will be sent out immediately after you place a reservation request. Transactional emails may also include, but are not limited to the following: (a) reservation reminders, (b) a reminder that your online monthly statement is available, (c) toll and citation charges, (d) payment notifications, and (f) notification that your driver's license or credit card has expired.

 

  1. Payment Method. The credit or debit card on file must be in your name. The card on file must be a bank-issued credit or debit card. When you place a reservation, you will prepay for the estimated cost of the trip. Additional time, mileage, and fees will be charged as they are incurred or discovered and applied to the total Charges. Membership Plans renew automatically. If applicable, you will be charged a Membership Plan fee each year at the start of the month in which you initially joined Enterprise CarShare. For important additional details, please refer to "Payment(s) by Member" in Section B, Paragraph 2 below.

 

  1. Reservation Cancellation Policy. You can adjust or cancel a reservation within 60 minutes of the original booking of the reservation without incurring Cancelled Time, as defined in Section B, Paragraph 2(j) below.

 

  1. Privacy. Enterprise CarShare is committed to protecting your privacy. Please review the Enterprise CarShare Privacy Policy, a copy of which is accessible at http://www.enterprisecarshare.com/privacy-policy

 

  1. Termination Without Cause. You may terminate the your membership without cause at any time by providing written notice to Enterprise CarShare or contacting Enterprise CarShare.  Enterprise CarShare may terminate your membership without cause upon no less than seven (7) days advance written notice.  Notwithstanding any termination, you will remain liable for all Charges, 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 you any amounts paid in advance to Enterprise CarShare by or on behalf of you which are not otherwise needed to satisfy outstanding Charges, as set forth herein. Any Driving Credits accumulated prior to any termination will be forfeited.  Enterprise CarShare reserves the right to terminate your membership, without notice, if you does not utilize membership for a vehicle rental for a period of twelve (12) consecutive months.

 

  1. Costs and Charges of Collection. You agree to pay any and all costs, fees and expenses (including all attorney and collection fees) incurred by or imposed upon Enterprise CarShare in enforcing any term, condition and/or right against you under this Agreement, in addition to all other Charges and Fees owed to Enterprise CarShare.

 

  1. Conflicts. In the event of any conflict between this Agreement and any other document relating to the Enterprise CarShare Car Sharing Program, this Agreement will control, except as otherwise set forth by Enterprise CarShare in writing. Terms and conditions as set forth in Chapter C will govern any conflict with the terms and conditions of Chapters A and/or B, to the extent the conflict relates to Membership rules or terms in a particular state or use of a Vehicle in a particular state.

 

  1. Severability. If any provision of this Agreement is determined to be unlawful, contrary to public policy, void or otherwise unenforceable, all remaining provisions will continue in full force and effect. Any such provision will be applied or modified in such a way so as to make it consistent with law or public policy, as applicable.

 

  1. Limitation of Remedy/No Consequential Damages. If Enterprise CarShare breaches any of its obligations under this Agreement and/or if Vehicle has any mechanical failure or other failure not caused by you and if Enterprise CarShare is liable under applicable law for such 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 to you and to your recovery of the pro rata hourly/overnight/daily Charges for the period that you did not have use of Vehicle or substitute Vehicle. YOU WAIVE ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO YOU. SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO YOU. You further acknowledge that any personal data or information downloaded or transferred to Vehicle may not be secure and may be accessible after the Rental Period. You release Enterprise CarShare from any liability resulting from or otherwise arising out of any such data or information being accessed and/or utilized by a third party.

 

  1. Headings. The headings of the numbered paragraphs of this Application are for convenience only, are not part of these Terms and Conditions and do not in any way limit, modify or amplify the substance of the Terms and Conditions.
  1. Choice of Law.  This Agreement shall be interpreted, construed and enforce pursuant to the laws of the state or province where the Vhielce is lolcated at the initiation of the Car Share Period. .  In the event of a dispute, claim or cause of action under this Agreement outside of an individual Vehicle rental, the substantive laws of the State of Missouri will apply without regard to choice of law or conflict of law principles (whether of the State of Missouri or any other jurisdiction).

 

  1. Questions. If you have any questions about this Agreement or the Enterprise CarShare Car Sharing Program or policies in general, please contact Enterprise CarShare via email at info@enterprisecarshare.com.

 

  1. CONSENT TO DRIVERS LICENSE VALIDATION AND CREDIT VERIFICATION: You agree that your eligibility for the Enterprise CarShare Car Sharing Program and your ability to use any Vehicle may be subject to a check, either manually or electronically, of the validity of your driver's license as may be required by this Agreement or the Enterprise CarShare Car Sharing Program. Such validity checks may be performed:

          a) on receipt of your Application and prior to your membership approval;

          b) At least once annually, to confirm validity; and

          c) in advance of your driver's license expiration date.


Any issues discovered concerning the validity of your driver's license could result in your suspension or elimination from the Enterprise CarShare Car Sharing Program.


If applicable, you authorize Enterprise CarShare to verify and/or obtain through one or more credit agencies or other sources your driver license status, personal credit and/or insurance information in order to confirm your eligibility for the Enterprise CarShare Car Share Program and/or Car Sharing Period.

If you wish to refuse this authorization, then you must do so by notifying Enterprise CarShare in writing at info@enterprisecarshare.com. You may also revoke this authorization at any time, by writing to Enterprise CarShare at info@enterprisecarshare.com. Any revocation or refusal may result in suspension or termination from the Enterprise CarShare Car Sharing Program at the sole discretion of Enterprise CarShare. You may request a hard copy of the Terms and Conditions and other information by writing to Enterprise CarShare at info@enterprisecarshare.com.

 

 

  1. CARSHARE PROGRAM DETAILS

 

  1. Ownership/Vehicle Condition/Warranty Exclusion. You acknowledge that Vehicle is, by ownership, beneficial interest or lease, the property of Enterprise CarShare, even if it is owned, registered or titled to a third party. YOU ARE RECEIVING VEHICLE "AS IS". YOU AGREE TO INSPECT VEHICLE AND REPORT ANY DAMAGE BEFORE YOU BEGIN TO DRIVE VEHICLE. ENTERPRISE CARSHARE EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO VEHICLE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You will not change Vehicle's condition in any way. You agree to return Vehicle to its designated parking spot on or before the return date and time or on Enterprise CarShare's demand and in the same condition as you received it, ordinary wear and tear excepted. If you decide that Vehicle may be unsafe, you must stop operating Vehicle and notify Enterprise CarShare immediately.

 

  1. Payment(s). You will pay Enterprise CarShare, on demand, the following Charges and Fees and any applicable taxes:

          a. Trip Time, the charges incurred for your CarShare Period. All such Charges will be as calculated and billed to you by Enterprise CarShare, and may include hourly and daily charges.

          b. Trip Distance, for all miles exceeding any free miles offered to you for the CarShare Period.

          c. Application Fees up to $75.00, for the costs associated with your application processing.

          d. Periodic Membership or Plan Fees, including First Year Membership Fee, Annual Membership Fee, and Plan Fee. These fees may be charged annually or monthly.

          e. Late Extend Fee of up to $25.00 per occurrence, plus any additional Trip Time you may incur, for extending a reservation when the extension occurs after the reservation end time.

          f. Late Return Fee of up to $50.00, plus any additional Trip Time you may incur for returning Vehicle after the reservation end time.

          g. Inconvenience Fee of up to $50.00 if your extension of a reservation or late delivery of Vehicle displaces or cancels the next reservation for that Vehicle.

          h. Low Fuel Fee of up to $50.00 if you return Vehicle with less than a 1/4 of a tank of gas. You are required to return Vehicle with at least a 1/4 tank of gas.

          i. Smoking Fee of up to $50.00, plus costs incurred for cleaning or damage to Vehicle caused by, or otherwise resulting from, you or your passengers smoking in Vehicle.

          j. Pet Occupancy Fee of up to $50.00, plus costs incurred for cleaning or damage to a Vehicle caused by, or otherwise resulting from, an animal being in Vehicle.

          k. Cancelled Time: If you cancel or shorten a reservation less than 3 hours before the start of the reservation, you may be charged Cancelled Time equal to the lesser of 3 hours or the duration of your reservation time. If you shorten a trip after the start of the reservation, you may be charged Cancelled Time equal to the lesser of 3 hours or the time remaining in your reservation.

          l. Vehicle Returned Improperly Fee of up to $50.00, plus costs incurred (e.g., towing, retrieval, cleaning costs), for failure to return Vehicle in acceptable condition for the next member, including but not limited to failure to: remove personal items or trash, turn off lights or ignition, leave Vehicle in a clean condition, remove key from ignition, close windows, or return Vehicle to the original assigned parking space.

          m. No Reservation Fee of up to $50.00, plus hourly Charges incurred, if you access or take any Vehicle without a reservation.

          n. Roadside Assistance Fee of up to $50.00, plus costs incurred, when roadside service is required as a result of your error or negligence, such as lock out service, fuel delivery, jump start or flat tire.

          o. Vehicle Not Locked Fee of up to $50.00 if you fail to return the ignition key fob to its holder in Vehicle's glove box (where applicable) and lock Vehicle with your member card at the end of the CarShare Period.

          p. Missing Parking Pass or Fuel Card Fee of up to $50.00.

          q. Missing Ignition Key Fee of up to $50.00, plus the cost of key replacement.

          r. Bounced Payment Fee of up to $25.00 for declined credit card charge.

          s. Failure to return member card to Enterprise CarShare when your account is closed, up to $10.00.

          t. Manual billing reconciliation as a result of a wrong member's card being used when making a reservation, up to $25.00.

          u. Rate Plan Change Fee of up to $25.00 for changing your rate plan more than once in a 12-month period.

          v. Manual Driver License Verification Fee of up to $10.00 when automated verification fails as result of your failure to update your account information.

          w. Member Card Replacement Fee of up to $10.00.

          x. The taxes, fees and other mandatory charges imposed by states, counties and other governmental authorities.

          y. Vehicle License Fee Recovery ("VLF REC"), where applicable and as allowed by law, which is Enterprise CarShare's charge to recover the estimated average daily cost per vehicle of the charges imposed by governmental authorities on Enterprise CarShare or Our affiliates to title, register and plate all vehicles in its rental fleet registered in the state or province where Vehicle is located. The VLF REC is not calculated based on the costs imposed on a particular vehicle.

          z. Expedited Shipping Fees, for the cost associated with shipping materials to you.

          aa. All fines, costs, charges and attorneys' fees paid or to be paid by Us, Our affiliates or a third party for legal violations, parking, and tolls and the like occurring during the CarShare Period ("Fines, Tolls, and Violations"). You agree that Enterprise CarShare, Our affiliates or a third party may pay all Fines, Tolls, and Violations on your behalf without advance notice to you. You acknowledge that this payment may undermine your ability to contest 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 and/or transfer liability to you for any such Fines, Tolls, and Violations. Enterprise CarShare, Our affiliates or a third party may assess a fee of up to $25.00 per incident to apply towards all costs incurred in connection with any Fines, Tolls, and Violations and their administration. In addition, Enterprise CarShare, Our affiliates or a third party may assess a fee of up to $3.00 per Fine, Toll, and Violation, in addition to the cost of the Fine, Toll, or Violation, for all toll charges incurred during the CarShare Period, to apply to all costs in connection with any Fines, Tolls, and Violations and their administration.

          bb. All amounts paid by you may be first applied by Enterprise CarShare to Charges and Fees that have accrued over time, before being applied or credited to any Charges yet to be incurred by you for use of Vehicle during your CarShare Period. 

          cc. You will keep a valid credit card on file with Enterprise CarShare at all times during your membership in the Enterprise CarShare Car Sharing Program. You agree that Enterprise CarShare will, for all Charges and Fees incurred during your CarShare Period and for any amounts specified in your Membership Plan, be authorized to charge and collect any and all Charges and Fees that you owe, including but not limited to any balances and other amounts in any form that you owe, against your credit card on file with Enterprise CarShare.

 

  1. Limits on Use and Termination of Right to Use.

 

  1. Your ability to use a Vehicle under the Enterprise CarShare Car Sharing Program will be limited in various ways, including but not limited to the following:
    1. Vehicle will not be driven by any person other than an Authorized Driver.
    2. Vehicle will not be used in the transportation of persons or property for-hire.
    3. Vehicle will not be used or operated: for any illegal purpose; in an illegal or reckless manner; in a race or speed contest; 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 will not be driven by any person under the influence of alcohol, narcotics, intoxicants, or drugs, whether used with or without a prescription.
    5. Vehicle will not be driven or taken outside of the Authorized Area of Operation and will not be driven on an unpaved road or off-road unless approved in writing by Enterprise CarShare for that use.
    6. Vehicle will not transport more passengers than the number of seatbelts provided by Vehicle's manufacturer.
    7. You will not remove or tamper with any items located in Vehicle, except those that you own or as authorized in this Agreement.
    8. Vehicle will not be operated by anyone who has provided a fictitious name, false address, or false or invalid driver's license; whose driver's license becomes invalid any time after he or she is approved for membership; who has obtained the keys to Vehicle 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.
    9. If a fuel card is provided to you, it will only be used to fuel Vehicle during your CarShare Period.
  2. If any of the limits on use or any other provision of these Terms and Conditions are violated, Enterprise CarShare may automatically, without any further notice to you, terminate your right to use Vehicle and your membership in the Enterprise CarShare Car Sharing Program. Enterprise CarShare will retain all other rights and remedies provided by law, including but not limited to the right to seize Vehicle without legal process and without telling you in advance. You hereby waive all claims for damages connected with any seizure of Vehicle, and you will pay all expenses incurred by Enterprise CarShare in returning Vehicle to Enterprise CarShare.
  3. If you continue to operate Vehicle after your right to do so is terminated, Enterprise CarShare has the right to notify law enforcement authorities that Vehicle has been stolen. You hereby release and discharge Enterprise CarShare from, and agree to indemnify, defend and hold Enterprise CarShare harmless against, any liability arising from such notice and repossession of Vehicle.
  1. Accidents. You agree that you will exercise caution and care at all times while operating Vehicle. Any accident, regardless of the circumstance or degree of seriousness, must be immediately reported to Enterprise CarShare. You will fully cooperate with Enterprise CarShare or its insurer or claim representative(s) in the investigation and resolution of any claims arising during the CarShare Period. If you do not immediately report any accident and/or cooperate in any investigation and resolution, as set forth herein, Enterprise CarShare may charge you additional Charges or Fees and/or terminate your membership. Vehicle may be equipped with an Event Data Recorder or similar device ("EDR") for the purpose of recording data about the operation of Vehicle. To the extent permitted by law, you consent to Enterprise CarShare or its representatives retrieving and using data from the EDR. REFER TO THE MEMBER GUIDE AND FAQS FOR WHAT TO DO IN CASE OF AN ACCIDENT.

 

  1. Damage to, Loss of or Theft of Vehicle, Optional Accessories and Related Costs. Except to the extent restricted, modified or limited by law, and subject to the retained responsibility limits described in Section B, Paragraph 12, you accept responsibility for all damage to, loss of or theft of Vehicle, Optional Accessories or any part or accessory that happens during the CarShare Period, regardless of who was at fault, even if the damage or loss occurred because of an act of God. You will pay Enterprise CarShare the amount necessary to repair Vehicle. You will not have Vehicle repaired without permission from Enterprise CarShare. If Vehicle is stolen and not recovered or if Enterprise CarShare determines that Vehicle is salvage, then you will pay Enterprise CarShare the fair market value of Vehicle immediately before the loss, minus any proceeds received by Enterprise CarShare from the sale of Vehicle. You are responsible for all towing, storage or impound fees, and other costs incurred by Enterprise CarShare to recover Vehicle and to determine the extent of the damages. You agree to pay a sum for loss of use of Vehicle, regardless of fleet utilization, calculated as follows:
    1. if Enterprise CarShare determines that Vehicle is repairable: total labor hours from the repair estimate, divided by 4, and multiplied by either
      1. the daily or overnight rate applied to the CarShare Period, if any, or,
      2. the hourly rate billed to you for the CarShare Period, multiplied by 8.
    2. if Vehicle is stolen and not recovered or if Enterprise CarShare determines that Vehicle is salvage, then: 15 days multiplied by either:
      1. the daily or overnight rate applied to the CarShare Period, if any, or,
      2. the hourly rate billed to you for the CarShare Period, multiplied by 8.
    3. You also agree to pay:
      1. an administrative fee of $50.00 when the repair estimate is less than $500.00, or $100.00 when the repair estimate is between $500.00 and $1,500.00, or $150.00 if the repair estimate is greater than $1,500.00; and
      2. a sum for diminishment of value if Vehicle can be repaired, calculated as 10% of the repair estimate if the damages are greater than $499.99.

See Section B, Paragraph 12 for information on Optional Damage Waiver. See Chapter C for additional state-specific information on your responsibility for damage to, loss of, or theft of Vehicle.

  1. Responsibility to Third Parties. Enterprise CarShare complies with applicable motor vehicle financial responsibility laws as a state certified self-insurer, bondholder, insured or cash depositor. If you are in compliance with these Terms and Conditions, then Enterprise CarShare will provide you with the following:
    1. If you are 21 years old or older and the Authorized Driver is in compliance with these Terms and Conditions, then Enterprise CarShare will provide you with liability protection on a non-contributory basis for any and all third party claims and/or liabilities arising out of the use or operation of Vehicle by the Authorized Driver, up to the applicable minimum financial responsibility limits required by law. If the losses exceed the applicable minimum financial responsibility limits, then the Authorized Driver's insurance carrier may be notified for the purposes of defending the claim and assuming all further costs of defending all third party liability claims. Unless required by law, Enterprise CarShare's financial responsibility will not extend to any claim made by a passenger while riding in or on or getting in or out of Vehicle. Enterprise CarShare's financial responsibility will not extend to liability imposed or assumed by anyone under any worker's compensation act, plan or contract.
    2. If you are between 18 and 21 years old, then Enterprise CarShare does not extend any of its motor vehicle financial responsibility or provide insurance coverage to you or any other Authorized Drivers, passengers or third parties through these Terms and Conditions. If valid automobile liability insurance or other protection is available on any basis to an Authorized Driver or any other driver and that insurance satisfies the applicable state motor vehicle financial responsibility law, then Enterprise CarShare extends none of its motor vehicle financial responsibility to that Authorized Driver or other driver. However, if an Authorized Driver is in compliance with the Terms and Conditions, and if Enterprise CarShare is obligated to extend its motor vehicle financial responsibility, then Enterprise CarShare's obligation is limited to the applicable minimum financial responsibility limits required by law. Unless required by law, Enterprise CarShare's financial responsibility will not extend to any claim made by a passenger while riding in or on or getting in or out of Vehicle. Enterprise CarShare's financial responsibility will not extend to liability imposed or assumed by anyone under any worker's compensation act, plan or contract.

See Section B, Paragraph 7 for information on Optional Supplemental Liability Protection.

 

7.   Optional Supplemental Liability Protection.

THE PURCHASE OF SUPPLEMENTAL LIABILITY PROTECTION ("SLP") IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE. THIS IS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS, LIMITATIONS, EXCEPTIONS AND EXCLUSIONS OF THE ATTACHED SUPPLEMENTAL RENTAL LIABILITY INSURANCE POLICY (THE "POLICY"). SLP IS ONLY APPLICABLE WHEN YOU ACCEPT SLP ON YOUR VEHICLE RESERVATION. SLP MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY FURNISHED UNDER A PERSONAL INSURANCE POLICY, OR SOME OTHER SOURCE. ENTERPRISE CARSHARE'S EMPLOYEES, AGENTS OR ENDORSEES ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF YOUR EXISTING COVERAGE.

 

SLP Benefits: Optional SLP provides you with minimum financial responsibility limits (at no charge to you) as outlined in the applicable motor vehicle financial responsibility laws of the state where Vehicle is operated AND excess insurance provided by the Policy (SLP charge as shown on reservation is for the excess insurance only), which supplies you and any Authorized Driver with third-party liability protection with a combined single limit per accident equal to the difference between the minimum financial responsibility limits referenced above and $300,000.00 Combined Single Limit per accident. SLP will respond to third party accident claims that result from bodily injury, including death, and property damage that arise from the use or operation of Vehicle as permitted in this Agreement. The Policy does not provide coverage for any loss arising from the use or operation of Vehicle in Mexico.

 

SLP Exclusions:

SLP does not apply to all situations, which are called "exclusions". For all exclusions, see the Policy. Here are a few key exclusions:

  1. Any loss arising out of an accident which occurs while you or another Authorized Driver is under the influence of alcohol or drugs, or other substances unless prescribed by a physician;
  2. Any loss arising out of bodily injury or property damage sustained by you or an Authorized Driver or any relatives or family members of you or another Authorized Driver who resides in the same household;
  3. Any loss arising out of the operation of Vehicle by any driver other than you or another Authorized Driver;
  4. Unless required by law, any liability arising out of or benefits payable under any uninsured or underinsured motorist law, in any state;
  5. Any liability arising out of or benefits payable under any first party benefit law, medical payments, no-fault or any similar law to the foregoing, in any state;
  6. Any bodily injury to an employee or the spouse, child, parent, brother or sister of that employee, arising out of and in the course of employment by you or another Authorized Driver;
  7. Any property damage to property transported or in the care, custody or control of you or another Authorized Driver;
  8. Any damage to Vehicle;
  9. Any liability arising out of the use of Vehicle, if Vehicle was obtained based on false, misleading or fraudulent information;
  10. Any loss arising out of the use of Vehicle in violation of the terms and conditions of this Agreement.
  11. For the purposes of this paragraph as well as Section B, Paragraph 8, and notwithstanding anything to the contrary in this Agreement, the following will apply:
    1. The term Rentee as defined in the Policy means you;
    2. The term Terms and Conditions will correspond to the term Rental Agreement as defined in the Policy; and
    3. The term Reservation Number will correspond to the term Rental Agreement Number as defined in the Policy.

 

Report SLP Claims to:

Sedgwick

P.O. Box 94950

Cleveland, OH 44101-4950

Phone: 1-888-515-3132 Fax: 1-216-617-2928

  1. Indemnification by You.   You will defend, indemnify and hold Enterprise CarShare, its parent, and affiliates and their respective directors, officers, employees, shareholders, agents, attorneys, assigns and successors-in-interest, harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees, and other expenses incurred by Enterprise CarShare: (a) in any manner from the Enterprise CarShare Car Sharing Program and based on your non-compliance with these Terms and Conditions, or (b) from the use of Vehicle by you or any other person, including claims of, or liabilities to, third parties. You will present a claim to your insurance carrier for such events or losses; but in any event, you will have final responsibility to Enterprise CarShare for all such losses. This obligation may be limited to the extent the waiver of damage responsibility and responsibility to third parties applies as set forth in these Terms and Conditions. REFER TO SECTION B, PARAGRAPHS 6, 7, and 12 for limitations on your indemnification obligation.
  2. Personal Injury Protection and Uninsured/Underinsured Motorist Protection. Except as required by law, Enterprise CarShare does not provide Personal Injury Protection, No Fault Benefits or Medical Payment Coverage (collectively "PIP") or Uninsured/Underinsured Motorist Protection ("UM/UIM") through this Agreement. If Enterprise CarShare or Enterprise CarShare's affiliate is required by law to provide PIP and/or UM/UIM, you expressly select such protection in the minimum limits with the maximum deductible and expressly waive and reject PIP and/or UM/UIM limits in excess of the minimum limits required by law.
  3. Personal Property. Enterprise CarShare is not responsible for any damage to, loss of or theft of any personal property, whether the damage or theft occurs during or after termination of the CarShare Period, regardless of fault or negligence. You understand and agree that no bailment is or will be created on Enterprise CarShare, whether actual, constructive or otherwise, for any personal property that may be carried, placed or left in a Vehicle.
  4. Third Party Proceeds. If a third party, including but not limited to an insurance company, approves a payment of any amount owed by you, you assign to Enterprise CarShare your right to receive that payment. Only those amounts actually paid by a third party to Enterprise CarShare will reduce the amount that you owe.
  5. Damage Responsibility and Optional Damage Waiver ("DW") (may also be referred to as Collision Damage Waiver ("CDW") or Loss Damage Waiver ("LDW")). DAMAGE WAIVER IS NOT INSURANCE. THE PURCHASE OF DAMAGE WAIVER IS NOT REQUIRED IN ORDER TO RENT A VEHICLE.DAMAGE WAIVER MAY NOT BE OFFERED IN ALL CITIES. Enterprise CarShare agrees, subject to the exclusions for relief from damage responsibility and the acts or omissions which void DW that are listed below, to contractually relieve you of responsibility above the retained responsibility, if any, for physical damage or loss to Vehicle during the CarShare Period regardless of cause. Should a vehicle be damaged or lost as a result of you or an Authorized Driver using or operating Vehicle in a manner as set forth in Section B, Paragraph 12(b)(i-xv) below, you will be responsible for the full extent of any damage to or loss of a Vehicle to the extent permitted by law. Retained responsibility amount(s): $1000.00, including associated costs, per occurrence, unless you have purchased DW, as described below.

 

  1. If offered, you may purchase DW from Enterprise CarShare for an additional fee before the start of the CarShare Period. If you purchase DW, Enterprise CarShare agrees, notwithstanding any laws to the contrary and subject to the actions that invalidate DW listed below, to contractually waive your damage retained responsibility for the cost of damage to, loss of or theft of Vehicle or any part or accessory and related costs, regardless of fault or negligence. Notwithstanding anything to the contrary and unless prohibited by law, DW does not apply to lost keys, key fobs, transponders or Optional Accessories, or any liability imposed by law. DW does not apply to damage occurring in Mexico. When deciding whether to purchase DW, you may wish to check with your insurance representative or credit card company to determine whether, in the event of damage to, loss of, or theft of Vehicle, you have coverage or protection for that damage, loss or theft and the amount of your deductible or out-of-pocket risk.
  2. EXCLUSIONS: Whether or not you purchase optional DW, and subject to applicable laws, the retained responsibility limit will not apply and you will be responsible for ALL damages if Vehicle is damaged when it is used or driven:
    1. by anyone other than an Authorized Driver; or
    2. by anyone impaired by the use of alcohol, narcotics, intoxicants, or drugs, used with or without a prescription; or
    3. by anyone committing a felony or otherwise engaged in a criminal act; or
    4. in a race or speed contest or
    5. to tow or push anything; or
    6. outside the Authorized Area of Operation; or
    7. by anyone driving with any driver's license that is suspended, revoked, invalid or does not belong to the driver; or
    8. to transport persons or property for hire; or
    9. in a wanton or reckless manner or if Vehicle is deliberately damaged; or
    10. on an unpaved road or off road; or
    11. to transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind; or
    12. if you lie to or deceive Enterprise CarShare about the rental, use, or operation of Vehicle; or
    13. if Vehicle's interior components are stolen or damaged when Vehicle is unlocked or keys are not secured; or
    14. if you fail or refuse to provide Enterprise CarShare, police, or other authorities with a full report of any accident or vandalism involving Vehicle or otherwise fail to cooperate with Enterprise CarShare, police, or other authorities in the investigation of any accident or vandalism; or
    15. if Vehicle is stolen and you do not:
      1. prove that the ignition keys given to you by Enterprise CarShare were not in Vehicle at the time of the theft; or
      2. file a police report within 24 hours after discovering the theft; or
      3. cooperate fully with Enterprise CarShare, police and other authorities in all matters connected with the investigation of the theft; or
      4. Make certain that Vehicle's ignition is turned off when Vehicle is stolen.
  3. If any of the above exclusions apply, DW is void and you accept responsibility for all damage to, loss of or theft of Vehicle or any part or accessory, regardless of who was at fault, even if the damage or loss occurred because of an act of God, as set forth in Section B, Paragraph 5 above.

 

See CHAPTER C for important state-specific disclosures.

 

  1. Adaptive Driving Devices. Enterprise CarShare is committed to providing a range of adaptive driving devices for our members with disabilities. Adaptive driving devices include hand controls, left foot accelerators, spinner knobs, and pedal extenders. Such devices are available at no additional charge. Due to the unique nature of Enterprise CarShare's services and the fact that adaptive driving devices require installation, to reserve a vehicle with such a device, you must contact an Enterprise CarShare service representative by phone, available 24 hours a day, at 1-866-225-4284. An Enterprise representative will coordinate with you regarding the delivery and return of Vehicle. It is important that you identify yourself as an "Enterprise CarShare Member" in order to receive the appropriate information regarding the device. While Enterprise CarShare will use good faith efforts to satisfy requests for adaptive driving devices as soon as reasonably practical, we may require up to two to three business days' notice for vehicles equipped with Adaptive Driving Devices, depending on the location of the Vehicle. Individuals with disabilities who do not have a driver's license can still rent with Enterprise CarShare when accompanied by a surrogate driver who has a valid driver's Minimum age restrictions and other normal rental qualifications apply, but there is no additional charge for the surrogate driver, and the surrogate driver need not produce a credit card or otherwise be required to meet our financial underwriting requirements. For customer service inquiries relating to customers with disabilities, please call (866) 225-4284, email us at Mobility@erac.com, or TTY us at (866) 534-9270.

 

  1. Telematics Notice and Release. Vehicle may be equipped with OnStar or another vehicle telematics system ("Telematics System"). Some or all Telematics System functionality may or may not be active during the CarShare Period and/or may be deactivated automatically and without warning or notice. You understand that such systems use wireless technology to transmit data and, therefore, your privacy cannot be guaranteed and is specifically disclaimed by You authorize any person to use, disclose or access:
    1. your location information;
    2. automatic crash notification to any person for use in the operation of an automatic crash notification system; and
    3. operational condition, mileage, diagnostic and performance reporting of Vehicle as permitted by law.

You will inform any and all Authorized Drivers and passengers of the terms of this paragraph and that you have authorized the use, disclosure or access of this information. You release Enterprise CarShare and agree to indemnify, defend and hold harmless Enterprise CarShare, any operator of the Telematics System, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from: (i) any damage (including incidental and/or consequential damages) to persons (including but not limited to you, any Authorized Drivers and passengers): or (ii) any damage to property caused by any failure of the Telematics System to operate properly or otherwise arising from the use of the Telematics System by you, any Authorized Driver 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 your responsibilities. By signing this Agreement, you authorize Telematics Services to be provided in accordance with, and you agree to be bound by, the Telematics Terms. Third party service providers are not agents, employees, or contractors of Enterprise CarShare. Vehicles may also record certain driving activities or actions, locations traveled and mileage driven as well as other Vehicle data. You understand that this data may be recorded and that Enterprise CarShare will be entitled to access it, use it and disclose it to others.

  1. MANDATORY ARBITRATION AGREEMENT: YOU AND ENTERPRISE CARSHARE EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS.  YOU AND ENTERPRISE CARSHARE AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND ("CLAIMS") AGAINST EACH OTHER, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ENTERPRISE CARSHARE'S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR RENTAL VEHICLES.  YOU AND ENTERPRISE CARSHARE AGREE THAT NO CLAIMS WILL BE ASSERTED IN ANY REPRESENTATIVE CAPACITY ON A CLASS-WIDE OR COLLECTIVE BASIS, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE OR COLLECTIVE BASIS, AND THAT NO RULES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY.  This Arbitration Agreement is to be broadly interpreted and applies to all claims based in contract, tort, statute, or any other legal theory; all claims that arose prior to or after termination of the Rental Agreement; all claims You may bring against Enterprise CarShare's employees, agents, affiliates or representatives; and all claims that Enterprise CarShare may bring against You.  However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction.  The parties also agree that claims involving a third party insurance company ostensibly providing coverage to You or any AUTHORIZED DRIVER or the application of Enterprise CarShare's financial responsibility relating to the use or operation of Vehicle may be brought in a court with valid jurisdiction. 
    1. Procedure.  A party must send a written Notice of Dispute ("Notice") describing
      1. the nature and basis of the claim; and
      2. the relief sought, to the other party. 

The notice to Enterprise CarShare should be addressed to: CT Corporation, 208 S LaSalle, Suite 814, Chicago, IL  60604 ("Notice Address").  If Enterprise CarShare and You do not resolve the claim within thirty (30) days after the Notice is received, a party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA's Consumer Arbitration Rules in effect at the time of the demand, as modified by this agreement, however, a single arbitrator will be selected according to AAA's Commercial Arbitration Rules.  The AAA rules are available online at www.adr.org.  The arbitration will be confidential and hearings will take place in the federal judicial district of your Rental Location.  

  1. Arbitrator's Authority:  The arbitrator is bound by this Agreement, the Federal Arbitration Act ("FAA") and AAA's Consumer Arbitration Rules.  The arbitrator has no authority to join or consolidate claims, or adjudicate joined and consolidated claims.  The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of this agreement, including whether it is void.  You and Enterprise Carshare agree that the arbitrator's decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual party and for a party's individual claim.
  2. Arbitration Costs:  You will be responsible for Your share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees You would incur if the claims were filed in court.  Enterprise CarShare will be responsible for all Authorized Driver arbitration fees.  You are responsible for all other costs/fees that it incurs in arbitration, e.g., fees for attorneys, expert witnesses, etc.  You will not be required to reimburse Enterprise CarShare for any fees unless the arbitrator finds that the substance of Your claim(s) or the relief sought is frivolous.  If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and Enterprise CarShare may seek reasonable attorney's fees.   Enterprise CarShare will pay all fees and costs it is required by law to pay.
  3. Governing Law and Enforcement:  The FAA applies to this Arbitration Agreement and governs whether a claim is subject to arbitration.  This Arbitration Agreement was drafted in compliance with the laws in all states, however, if any portion of it is deemed to be invalid or unenforceable or is found not to apply to a claim, the remainder of the Arbitration Agreement remains in full force and effect.  Except, if the class-arbitration waiver provision is deemed unenforceable, any class action claim(s) must proceed in a court of competent jurisdiction.

  1. 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: (a) applicable authorities, where asked; and/or (b) applicable authorities or other third parties in connection with Enterprise CarShare's enforcement of its rights under this Agreement. If applicable, you authorize Enterprise CarShare to verify and/or obtain through one or more credit agencies or other sources your driver's license status, personal credit and/or insurance information in order to confirm your eligibility for the Enterprise CarShare Car Sharing Program and/or CarShare Period.

 

  1. LOCATION SPECIFIC DISCLOSURES, NOTICES AND TERMS AND CONDITIONS FOR THE FOLLOWING LOCATIONS:
    • California
    • Colorado
    • District of Columbia
    • Hawaii
    • Maryland
    • Massachusetts
    • New Jersey
    • New York
    • Pennsylvania
    • Texas
    • Utah
    • Virginia

You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this Chapter C before renting or operating Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections A or B above. In the event of a direct conflict between Sections A or B of this Agreement and this Chapter C, this Chapter C will control.

FOR CARSHARE PERIODS ORIGINATING IN CALIFORNIA

State-Specific Fee:

For Rentals commencing in California, a percentage charge applies called the tourism commission assessment recovery by which Enterprise CarShare recovers the tourism assessment applicable to this rental as permitted by Section 13995.65 of the Government Code.

The Vehicle License Recovery Fee ("VEH LIC RECOVERY") which is the Owner's charge to recover Owner's estimated average daily cost per vehicle for charges imposed by governmental authorities to title, register and plate all vehicles in its rental fleet registered in California. The VEH LIC RECOVERY is not calculated based on the costs imposed on a particular vehicle.

Warning: California Vehicle Code Section 10855 provides the following: "Whenever any person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within five days after the lease or rental agreement has expired, that person shall be presumed to have embezzled the vehicle."

CALIFORNIA LAW REQUIRES ALL CHILDREN UNDER 8 YEARS OF AGE TO BE TRANSPORTED IN THE REAR SEAT OF THE VEHICLE IN A CHILD RESTRAINT SYSTEM. THIS AGENCY IS REQUIRED TO PROVIDE FOR RENTAL OF A CHILD RESTRAINT SYSTEM IF YOU DO NOT HAVE A CHILD RESTRAINT SYSTEM YOURSELF. Any such device may be provided by an affiliate of Enterprise CarShare.

Damage to, Loss of or Theft of Vehicle or Optional Accessories and Related Costs. In addition to other obligations under the California Civil Code and California law, If Optional Collision Damage Waiver is not purchased, and subject to any limitations in California law, you accept responsibility and will pay Enterprise CarShare, on demand, for: (a) All collision damage to Vehicle even if someone else caused it or the cause is unknown. You are responsible for the cost of repair up to the fair market value of Vehicle. (b) Theft of Vehicle or damages resulting from the theft of Vehicle if you or any other Authorized Driver(s) fails to exercise ordinary care of Vehicle during the CarShare Period. You are responsible for the cost of repair up to the fair market value of Vehicle. (c) The first $500.00 of vandalism damages that are not a direct result of the actual theft of Vehicle. (d) Administrative fees, as established by California Civil Code Section 1936. (e) Towing, storage or impound fees. You will pay Enterprise CarShare the amount necessary to repair Vehicle or Optional Accessories. If you are responsible for damages as outlined above, and if you return Vehicle during nonbusiness hours or to any place other than the agreed location, damages as outlined above occurring prior to an employee of Enterprise CarShare checking in Vehicle are your responsibility. Notwithstanding anything to the contrary and unless prohibited by law. DW does not apply to Optional Accessories, or any liability imposed by law. If Optional Accessories are not returned, you will pay Enterprise CarShare the replacement cost of the Optional Accessories. You will not have Vehicle repaired without permission from Enterprise CarShare.

CIVIL CODE SECTION 1936 NOTICE ABOUT YOUR FINANCIAL RESPONSIBILITY AND OPTIONAL DAMAGE WAIVER. COLLISION DAMAGE WAIVER IS NOT INSURANCE. THE PURCHASE OF COLLISION DAMAGE WAIVER IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE.
You are responsible for all collision damage to Vehicle even if someone else caused it or the cause is unknown. You are responsible for the cost of repair up to the fair market value of Vehicle, administrative fees, towing, storage and impound fees. You are responsible for the first $500.00 of vandalism that is not a direct result of the actual theft of Vehicle. You will be responsible for theft of Vehicle or damages resulting from the theft of Vehicle if you or an Authorized Driver(s) fails to exercise ordinary care of Vehicle during the CarShare Period. Your own insurance, or the issuer of the credit card used to pay for the car rental transaction, may cover all or part of your financial responsibility for Vehicle. You should check with your insurance company, or credit card issuer, to find out about your coverage and the amount of the deductible, if any, for which you may be liable. Further, if you use a credit card that provides coverage for your potential liability, you should check with the issuer to determine if you must first exhaust the coverage limits of your own insurance before the credit card coverage applies. Enterprise CarShare will not hold you responsible if Enterprise CarShare offers and you purchase Collision Damage Waiver. Collision Damage Waiver will not protect you if:

  1. Damage or loss results from an Authorized Driver(s): (1) Intentional, willful, wanton or reckless conduct (2) Operation of the vehicle under the influence of alcohol or drugs in violation of Section 23152 of the California Vehicle Code, (3) Towing or pushing anything or (4) Operation of the vehicle on an unpaved road if the damage or loss is a direct result of the road or driving conditions.
  2. Damage or loss occurs while the vehicle is: (1) Used for commercial hire, (2) Used in connection with conduct that could be properly charged as a felony, (3) Involved in a speed test or contest or in driver training activity, (4) Operated by a person other than an Authorized Driver, or (5) Operated outside of the United States or Canada.
  3. Any Authorized Driver(s) has: (1) Provided fraudulent information to the rental company, or (2) Provided false information and the rental company would not have rented Vehicle if it had instead received true information.

The hourly cost of CDW is $1.37 to $2.12, with the daily charge not to exceed 8 times the hourly rate.

CALIFORNIA DEPARTMENT OF INSURANCE LICENSE NUMBERS: 0E20233, 0D15656, 0D15655 and 0627217. THE CALIFORNIA DEPARTMENT OF INSURANCE MAINTAINS A TOLL-FREE CONSUMER HOTLINE. 800-927-4357(HELP)

FOR CARSHARE PERIODS ORIGINATING IN COLORADO

NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. YOU ARE ADVISED NOT TO SIGN THIS WAIVER IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY CERTAIN GOLD OR PLATINUM CREDIT CARDS OR COLLISION INSURANCE ON YOUR OWN VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.

CDW will be invalidated if damages to Vehicle are caused by you or an Authorized Driver by:

  1. willful and wanton conduct or misconduct;
  2. intoxication by alcohol or use of controlled substances as defined in C.R.S. Section 42-4-1301;
  3. participation in a speed contest;
  4. carrying person(s) or property for hire, or pushing or towing anything;
  5. use of Vehicle while committing a misdemeanor or felony or other criminal act;
  6. use of Vehicle by an unauthorized driver, which includes any person not specifically named as an Authorized Driver (s) in this Agreement;
  7. supplying information which is false concerning the rental transaction with the intent to defraud Enterprise CarShare;
  8. use of Vehicle outside the continental United States; or
  9. any instance whereby, during the rental of Vehicle, the speedometer or odometer is tampered with or disconnected.

 

FOR CARSHARE PERIODS ORIGINATING IN THE DISTRICT OF COLUMBIA

Warning - failure to return this vehicle in accordance with the terms of this Rental Agreement may result in a criminal penalty of up to 3 years in jail.

Pursuant to DC ST § 50-1703(d), the operator of a motor vehicle may not transport any child of less than 3 years of age unless the child is properly restrained in a child restraint seat. The operator of a motor vehicle will not transport any child under 16 years of age unless the child is properly restrained in an approved child safety restraint system or restrained in a seat belt. Children under 8 years of age will be properly seated in an installed infant, convertible (toddler) or booster child safety seat, according to the manufacturer's instructions. A booster seat will only be used with both a lap and shoulder belt. A parent or legal guardian may transport his or her own child without restraint herein if that person is transporting a number of his or her own children of less than 16 years of age which exceeds the number of passenger positions equipped with safety belts in the motor vehicle. However, an unrestrained child may not be transported in the front seat of a motor vehicle.

FOR CARSHARE PERIODS ORIGINATING IN HAWAII

You will pay directly to the court, county government or other appropriate government agency any and all fines, costs, monetary assessments, penalties, fees, surcharges, attorney's fees or other charges for legal violations, parking, tolls, towing, and storage and the like occurring during your Enterprise CarShare Period, on or before any deadlines imposed. In the event you fail to make payments directly to such entities before applicable deadlines, you consent to the Owner, Our affiliates or a third party to pay without advance notice thereof, acknowledges that such payment may prejudice your ability to contest such fines, costs, tolls and violations with the applicable authority. You also consent that Owner may provide your information necessary to applicable authorities and/or third parties to process payment and/or transfer liability to you for any such Fines, Tolls, and Violations, and may assess a fee of up to $25.00 per incident to apply towards all costs incurred in connection with any Fines, Tolls, and Violations and their administration.

Hawaii law requires children under the age of four to ride in a child safety seat and children ages of four through seven to ride in a child safety seat or a booster seat when traveling in a motor vehicle.

 

Hawaii Law prohibits the operating a vehicle under the influence of an intoxicant. And reminds you it's a violation of the law to leave a child unattended in a motor vehicle.  

 

 

FOR CARSHARE PERIODS ORIGINATING IN MARYLAND

Notice: This contract offers, for an additional charge, a collision damage waiver to cover your responsibility for damage to the automobile. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own automobile insurance affords you coverage for damage to the rental automobile and the amount of the deductible under your own insurance coverage. The purchase of this collision damage waiver is not mandatory and may be waived. Maryland law requires that all Maryland residents' insurance policies with collision coverage automatically extend that collision coverage to passenger cars rented by the insureds named in the policy for a period of 30 days or less.

You may not need the automobile insurance offered by Enterprise CarShare. Your automobile insurance policy may provide coverage for your liability while operating a rental vehicle. You should check the terms and conditions of your automobile insurance policy to determine if coverage is provided for the rental. The purchase of insurance is not required as a condition of renting an automobile. In addition, if you are driving the rental vehicle due to an accident or repairs, state law may require your personal automobile liability policy to provide coverage and purchase of any excess liability coverage may duplicate coverage required by law to be provided by the Enterprise CarShare of the rental vehicle.

If vehicle is a replacement vehicle as defined in Section 17-104 of the Maryland Transportation Code, the liability insurance coverage on the vehicle being replaced (your/Authorized Driver's vehicle) is primary, and any liability coverage Enterprise CarShare provides on vehicle is secondary.

FOR CARSHARE PERIODS ORIGINATING IN MASSACHUSETTS

Notice: This contract offers, for an additional charge, a Collision Damage Waiver to cover your financial responsibility for damage to the rental vehicle.  Your personal automobile insurance may already cover you for damage to a rental car.  The purchase of a Collision Damage Waiver is optional and may be declined.  For Massachusetts residents: If you have an automobile policy on your personal vehicle with coverage for collision, your policy will cover collision damage to the rental vehicle, less the deductible on our policy.  If you have comprehensive coverage on your vehicle, your policy will cover loss on the rental vehicle caused by fire, theft or vandalism, less the deductible on your policy.  Drivers who hold policies in other states should check with their insurance agents to determine whether their policies extend to rental vehicles. 

By accepting the terms at the time of reservation, You acknowledges receipt of this disclosure.

Paragraph B.12 above is replaced by the following language:

NOTICE: This agreement offers, for an additional charge, optional Collision Damage Waiver (DW) under which You will have no Retained Responsibility, again subject to the exclusions below.  Retained responsibility amount(s): $1000.00, including associated costs, per occurrence, unless You have purchased Optional DW, as described below.

You may purchase optional DW from Enterprise CarShare for an additional fee prior to the beginning of the Car Share Period. If You purchase DW, Enterprise CarShare agrees, notwithstanding state laws to the contrary and subject to the actions that invalidate DW listed below, to contractually waive Your retained damage responsibility for the cost of damage to, loss or theft of, Vehicle or any part or accessory and related costs regardless of fault or negligence. Notwithstanding anything to the contrary and unless prohibited by law, DW does not apply to lost keys, key fobs, transponders or Optional Accessories, or any liability imposed by law. DW does not apply to damage occurring in Mexico.

 

 

EXCLUSIONS:  Relief from damage responsibility does not apply, and You will be responsible for:

  1. Damage or loss caused intentionally, willfully or wantonly by an authorized driver;
  2. Damage or loss occurring while an authorized driver operates the rental vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined or determined under the law of the state in which the damage occurred;
  3. Damage or loss caused while an authorized driver is engaging in any speed contest;
  4. Damage or loss caused while an authorized driver is using the vehicle to push or tow anything or using the vehicle to carry persons or property for hire, unless expressly authorized in the rental agreement;
  5. Damage or loss incurred while an authorized driver is driving outside the United States or Canada, unless expressly authorized in the rental agreement;
  6. Damage or loss incurred while the vehicle is driven, with the Your permission or accession, by anyone other than an authorized driver;
  7. Damage or loss incurred after the private passenger automobile was rented or an authorized driver was approved as a result of fraudulent information provided to Enterprise CarShare;
  8. Damage or loss incurred as a result of commission of a felony by an authorized driver.

In those circumstances within Your retained responsibility limit or where exclusions apply, You accept responsibility for damage to, loss of, or theft of the vehicle or any accessory regardless of fault or negligence of You or any other person or act of God. You shall pay Us the amount necessary to repair the vehicle.  You shall not have the vehicle repaired without written permission from Us.  If the vehicle is stolen and not recovered or We determine that the vehicle is salvage, You shall pay Us the fair market value less any sale proceeds.  Damages for which You are also responsible include but are not limited to: loss of use, claim administrative fees (as set forth in Member Policies from time to time), diminishment of value, towing, storage or impound fees, attorney's fees, and other costs incurred by Us to recover the vehicle and to establish damage amounts.  Regardless of actual fleet utilization, in the case of vehicle damage, loss of use shall be the sum of the number of repair hours multiplied by four times the daily rental rate, or, if the vehicle is not recovered or is salvage, the sum of fifteen times the daily rate.  Diminishment of value shall be calculated as ten percent (10%) of the repair estimate if such estimate is $500 or more. 

FOR CARSHARE PERIODS ORIGINATING IN NEW JERSEY

To the extent that New Jersey law is applicable, this Agreement will be construed in accordance with New Jersey law.

Payment(s) by You.  See Member Policies page at https://www.enterprisecarshare.com/us/en/policies/mem-policies.html for your program's specific fee amounts.  In addition to items referenced in Chapter B. Paragraph 2, You shall pay Us, on demand, the following and any applicable taxes and fees:

bb.       Domestic Security Fee (DOMSECFE)

cc.       For damage to, loss or theft of Vehicle or Optional Accessories, including all related costs (see paragraph 7), to the extent DW, as described in paragraph 17, or RAP, as described in paragraph 20, do not apply; provided, however, unless resulting from Our negligent, reckless or intentional acts. The foregoing shall not release Us from any implied warranty of fitness applicable under New Jersey law.

The foregoing provisions set forth in Chapter B paragraphs 2(a) – (aa) and Chapter C (bb) – cc) noted above are enforceable in New Jersey

Damage to, Loss or Theft of, Vehicle, Optional Accessories and Related Costs. Except to the extent restricted, modified or limited by Chapter B. paragraph 12 herein or by State law, You accept responsibility for damage to, loss or theft of, Vehicle, Optional Accessories or any part or accessory occurring during the Rental Period regardless of fault or negligence of You or any other person or act of God, provided, however, unless resulting from Our negligent, reckless or intentional acts. The foregoing shall not release Us from any implied warranty of fitness applicable under New Jersey law. You shall pay Us the amount necessary to repair Vehicle. You shall not have Vehicle repaired without permission from Us. If Vehicle is stolen and not recovered or We determine Vehicle is salvage, You shall pay Us the fair market value less any sale proceeds, subject to the retained responsibility amount outlined herein. For purposes of these Terms and Conditions, fair market value shall be the retail value of Vehicle immediately preceding the loss. You are responsible for all towing, storage or impound fees, and other costs incurred by Us to recover Vehicle and to establish damages. You agree to pay a sum for loss of use, regardless of fleet utilization, calculated as follows:

  1. if Our determines Vehicle is repairable: total labor hours from the repair estimate, divided by 4 , and multiplied by either
    1. the daily or overnight rate applied to the Car Share period,  if any, or,
    2. the hourly rate billed to the You for the Car Share period, multiplied by 8.
  2. if Vehicle is stolen and not recovered or We determine Vehicle is salvage: 15 days multiplied by either
    1. the daily or overnight rate applied to the Car Share period, if any, or,
    2. the hourly rate billed to the You for the Car Share period, multiplied by 8.
  3. You also agree to pay:
    1. an administrative fee of $50.00 when the repair estimate is less than $500.00 or $100.00 when the repair estimate is between $500.00 and $1,500.00 or $150.00 if greater than $1,500.00;
    2. a sum for diminishment of value if Vehicle is repairable calculated as 10% of the repair estimate if the damages are greater than $499.

Child Safety Seats

Notice: New Jersey has state specific child safety seats laws. You are responsible for supplying a child safety seat or renting one from Us.   (1) Children under two years old who weigh less than 30 pounds are to be secured in a rear facing child passenger restraint system equipped with a five-point harness;

(2) Children under four years old who weigh less than 40 pounds are to be secured in a rear facing child passenger restraint system, equipped with a five-point harness until they outgrow the height or weight limitation imposed by the manufacturer of the restraint system, or in a forward facing child passenger restraint system equipped with a five-point harness;

(3) Children under eight years old who are less than 57 inches in height are to be secured in a forward facing passenger restraint system which is equipped with a five-point harness, until they outgrows the height or weight limitation imposed by the manufacturer of the restraint system, or in a rear seat, in a booster seat.

If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system. But if the vehicle without rear seat is equipped with a passenger-side airbag, the bill prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off.

Personal Property: With respect to residents of New Jersey, We are not responsible for any damage to, loss or theft of Your personal property or data contained therein, whether the damage or theft occurs during or after termination of the rental, unless such damages or injuries are the result of Our negligent or reckless acts.  The foregoing shall not release Our from any implied warranty of fitness applicable under New Jersey law.

For CarShare You rentals originating in New Jersey, Responsibility to Third Parties.  The financial responsibility of Us is equivalent to the minimum amounts by the compulsory liability insurance law of the state in which the vehicle is operated. It is expressly agreed and understood that the Uss financial responsibility provided by Us pursuant to this agreement shall be excess over any other collectible insurance. In the event that there is other collectible insurance which by its terms is also excess, and/or Us is required to make any liability payment, Our share of any bodily injury and property damage claims or payments is the proportion that Our minimum financial responsibility limits bears to the total of all applicable limits. You agrees to defend, indemnify, and hold Us harmless from any claims, liabilities, costs, and expenses arising from Your use, operation or possession of the rental vehicle. Our financial responsibility shall not extend to liability imposed or assumed by anyone under any worker's compensation act, plan or contract.

For CarShare You Rentals originating in New Jersey:  Indemnification by Renter.  You shall defend, indemnify and hold Us harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Us in any manner from this rental transaction, or from the use of Vehicle or Optional Accessories by any person, including claims of, or liabilities to, third parties. You may present a claim to Your insurance carrier for such events or losses; but in any event, You shall have final responsibility to Us for all such losses. This obligation may be limited if You purchases optional DW and/or optional SLP.

Limitation of Remedy/No Consequential Damages:
If We breach any of its obligations under this Agreement and/or if Vehicle has any mechanical failure or other failure not caused by You or Additional Drivers and if We are liable under applicable law for such breach or Vehicle failure, Our sole liability to You and Additional Drivers and Your and Additional Drivers' sole remedy is limited to the substitution of another similar Vehicle by Our to You and to recovery by You of the pro rata daily rental rate for the period in which You or Additional Drivers did not have use of Vehicle or substitute Vehicle. YOU AND ADDITIONAL DRIVERS WAIVE ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO YOU OR ADDITIONAL DRIVERS. SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO YOU OR ADDITIONAL DRIVERS. The foregoing does not waive Your and/or Additional Driver's claims in New Jersey based upon personal injuries that result from Our negligent, reckless or intentional acts, and does not release Us from any implied warranty of fitness applicable under New Jersey law. You further acknowledges that any personal data or information downloaded or transferred to Vehicle may not be secure and may be accessible after the Rental Period. You release Us from any liability resulting from or otherwise arising out of any such data or information being accessed and/or utilized by a third party; provided, however, that the foregoing shall not apply if such access or use is the result of Our negligent, reckless or intentional acts.

  1. Severability. If any provision of this Agreement is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect; provided, however, this provision does not apply in New Jersey, but to the extent that New Jersey law is applicable, this Agreement will be construed in accordance with New Jersey law.

FOR CARSHARE PERIODS ORIGINATING IN NEW YORK

ATTENTION: We purchase no third-party insurance covering this rental, but provide  You and authorized drivers with minimum liability coverage, as required by the New York Vehicle and Traffic Law. Those coverages are: $25,000 per accident for bodily injury to one individual/$50,000 per accident for bodily injury to more than one individual; $50,000 per accident for the death of one individual/$100,000 per accident for the death of more than one individual; $10,000 per accident for injury to or destruction of property. In addition, to the extent required by law, We will defend You and authorized drivers from all claims of third parties alleging bodily injury, death or property damage arising out of the operation of the rental vehicle. If additional liability coverage is desired you may purchase Supplemental Liability Coverage from Enterprise at an additional cost.

NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, OPTIONAL VEHICLE PROTECTION TO COVER YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE OR LOSS TO THE RENTAL VEHICLE. THE PURCHASE OF OPTIONAL VEHICLE PROTECTION IS OPTIONAL AND MAY BE DECLINED. YOU ARE ADVISED

TO CAREFULLY CONSIDER WHETHER TO PURCHASE THIS PROTECTION IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY YOUR CREDIT CARD OR AUTOMOBILE INSURANCE POLICY. BEFORE DECIDING WHETHER TO PURCHASE OPTIONAL VEHICLE PROTECTION, YOU MAY WISH TO DETERMINE WHETHER YOUR CREDIT CARD OR YOUR VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF DEDUCTIBLE UNDER SUCH COVERAGE.

For CarSharing in New York, Chapter B, paragraph 5 reads:
Damage to, Loss or Theft of, Vehicle, Optional Accessories and Related Costs.  You accept responsibility for all damage to, and loss or theft of, Vehicle, Optional Accessories, and any other part or accessory occurring during the Rental Period, regardless of fault or negligence of You or any other person or act of God, to the extent permitted by applicable law, including (i) physical damage to Vehicle (including any part or accessory); (ii) mechanical damage to Vehicle(including any part or accessory) related to an accident; and (iii) physical and mechanical damage to, and loss or theft of, Optional Accessories. You also accept responsibility for loss of Vehicle due to theft occurring during the Rental Period if it is established You or Authorized Drivers failed to exercise reasonable care, or aided or abetted in the commission of the theft of Vehicle. You shall provide notice to Us or appropriate law enforcement agency within twelve hours of learning of the theft of Vehicle. You are not responsible for normal wear and tear except in the case of abuse or neglect. The total liability of You for which You agrees to pay Us for damage to, loss or theft of, Vehicle shall not exceed the lesser of: the actual and reasonable costs that the Us incurred to repair Vehicle or that the Us would have incurred if the Vehicle had been repaired, which shall reflect any discounts, price reductions, or adjustments available to the Us; or if Us determines Vehicle is salvage or Vehicle is stolen and not recovered, the fair market value of the Vehicle immediately before the damage occurred, as determined in the applicable market for the retail sale of the Vehicle, less any net disposal proceeds. Damages for which You are also responsible include but are not limited to: towing, storage or impound fees, and other costs incurred by Us to recover Vehicle and to establish damages. If Optional Accessories are not returned You shall pay Us the fair replacement value of the Optional Accessories. If Vehicle is returned during non-business hours or to any place other than designated parking spot from which it was first possessed by You, any damage to Vehicle or Optional Accessories, or loss or theft of Optional Accessories, occurring prior to an employee of Us checking in and inspecting Vehicle is Your responsibility. Us will not hold You liable for any amounts that are recovered from any other party or for damages incurred by Us for the loss of use of Vehicle and related administrative fees. Upon the request of You, Us shall submit any claims to Your insurance carrier and will negotiate with Your insurance carrier.

Right To Inspect: Failure to completely and accurately fill out and return an incident report within 10 days of receipt of notice may make You liable for damages sustained to Vehicle. EXCEPT where the damaged Vehicle is deemed to be a total loss and subject to salvage, You or Your insurer has 72 hours from the return of Vehicle to notify Us that You wishes to inspect the damaged Vehicle. The inspection must be completed within 7 business days of the return date of Vehicle. If You or Your insurer do not request this inspection within the 72-hour period, You or Your insurer will be deemed to have waived this right. If We determine the damaged Vehicle to be a total loss and subject to salvage, such 72-hour period for notification or waiver of the wish to inspect the damaged Vehicle shall not apply, and such right to inspect the damaged Vehicle shall expire 10 business days from Your receipt of an incident report form and notice from Us. Upon request of You or Your insurer, We will provide (i) the identity of the repairer of, and provide access to, the damaged Vehicle in order to verify the nature and extent of damages, repairs and repair costs, and/or repair estimates; and (ii) a copy of Our estimate of the costs of repairing the damaged Vehicle. Twenty days prior to commencing an action against You, We will provide You an additional opportunity to provide the incident report by providing a second notice along with another incident report by certified mail, return receipt requested, and another copy of such notice and report by regular mail, with proof of mailing by production of a certificate of mailing; and if You provide Us with a completed incident report within fifteen days of the receipt of the notice, the applicable provisions of the NY General Business Law shall be satisfied. Your rights and responsibilities hereunder may apply to other "authorized drivers" as such term is defined in section 396-z of the NY General Business Law. Such "authorized drivers" and You are directed to section 396-z of the NY General Business Law for any further details regarding the nature and extent of his or her liability hereunder and the extent of his or her rights and responsibilities. SEE PARAGRAPH BELOW FOR INFORMATION ON OPTIONAL DAMAGE WAIVER.

For CarSharing in New York, Chapter B, paragraph 6 reads:.   We purchase no third-party insurance covering this rental, but provide You and authorized drivers with minimum liability coverage, as required by the New York Vehicle and Traffic Law. Those coverages are: $25,000 per accident for bodily injury to one individual/$50,000 per accident for bodily injury to more than one individual; $50,000 per accident for the death of one individual/$100,000 per accident for the death of more than one individual; $10,000 per accident for injury to or destruction of property. In addition, to the extent required by law, We will defend You and authorized drivers from all claims of third parties alleging bodily injury, death or property damage arising out of the operation of the rental vehicle.

  1. For rentals to Members who are 21 years old or older, only in which the Authorized Driver is in compliance with the Terms and Conditions of Our Car Sharing Program, We shall provide liability protection on a non-contributory basis to any insurance coverage applicable to You for any and all third party claims and/or liabilities arising out of the use or operation of the Vehicle by the Authorized Driver up to and including the applicable minimum financial responsibility (MFR) limits required by law.  If at any time it is determined that losses may exceed the applicable minimum financial responsibility limits, Authorized Driver's insurance carrier may be notified for the purposes of tendering defense and assumption of all further costs of defending all third party liability claims. Unless required by law, Our financial responsibility shall not extend to any claim made by a passenger while riding in or on or getting in or out of Vehicle. Our financial responsibility shall not extend to liability imposed or assumed by anyone under any worker's compensation act, plan or contract.
  2. For rentals to Members who are between the age 18 and 20 years old We do not extend any of its motor vehicle financial responsibility or provide insurance coverage to Authorized Drivers, passengers or third parties through these Terms and Conditions.  If valid automobile liability insurance or other protection is available on any basis to Authorized Driver or any other driver and such insurance satisfies the applicable state motor vehicle financial responsibility law, then We extend none of Our motor vehicle financial responsibility. However, if Authorized Driver is in compliance with the Terms and Conditions, and if We are obligated to extend its motor vehicle financial responsibility, then Our obligation is limited to the applicable minimum financial responsibility (MFR) limits required by law.  Unless required by law, Our financial responsibility shall not extend to any claim made by a passenger while riding in or on or getting in or out of Vehicle. Our financial responsibility shall not extend to liability imposed or assumed by anyone under any worker's compensation act, plan or contract.
  3. Unless required by law, Liability Protection described above excludes any protection afforded under: first party benefits; personal injury protection; medical payments; no-fault; and uninsured or underinsured motorist.  No coverage described herein is provided for physical damage to, or theft of, the Our Vehicle or the contents thereof.  Uninsured/Underinsured Motorist Protection is neither contemplated, nor provided, as part of this Agreement.

 

FOR RENTALS ORIGINATING IN NEW YORK, Chapter B, section 12 reads: Optional Collision Damage Waiver.  COLLISION DAMAGE WAIVER IS NOT INSURANCE. THE PURCHASE OF COLLISION DAMAGE WAIVER IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE.

You may purchase optional Collision Damage Waiver (CDW) from Us for an additional fee. If You purchases CDW, We agree, subject to the actions that invalidate CDW listed below, to contractually waive Your responsibility for all of the cost of damage to Vehicle or any part or accessory and related costs regardless of fault or negligence. Notwithstanding anything to the contrary, and unless prohibited by law, CDW does not apply to Optional Accessories. CDW does not apply in Mexico. When deciding whether or not to purchase CDW, you may wish to check with your insurance representative or credit card company to determine whether, in the event of damage to Vehicle, you have coverage or protection for such damage and the amount of your deductible or out-of-pocket risk.

THE FOLLOWING SHALL INVALIDATE CDW: A violation of the contract shall exist and CDW (Also referred to as Optional Vehicle Protection) is void and shall not apply to the following situations:

  1. the damage or loss is caused intentionally or as a result of willful, wanton, or reckless conduct of the driver;
  2. the damage or loss arises out of the driver's operation of the vehicle while intoxicated or impaired by the use of alcohol or drugs;
  3. the rental vehicle company entered into the rental transaction based on fraudulent or materially false information supplied by the Renter or authorized driver;
  4. the damage or loss arises out of the use of the vehicle while engaged in the commission of a crime other than a traffic infraction;
  5. the damage or loss arises out of the use of the vehicle to carry persons or property for hire, to push or tow anything, while engaged in a speed contest, operating off road, or for driver's training;
  6. the damage or loss arises out of the use of the vehicle by a person other than: an authorized driver; a duly licensed parent or child over the age of eighteen thereof who permanently resides in the same household; or a parking valet or parking garage attendant for compensation and in the normal course of employment;
  7. the damage or loss arises out of the use of the vehicle outside of the continental United States and Canada when that use is not specifically authorized by the Agreement;
  8. the authorized driver has failed to comply with the requirements for reporting damage or loss as set forth in the Agreement.

For CarShare Periods originating in New York. Our Financial Responsibility, Unless Law Requires, Does Not Extend to:  (a) Injuries to the You, driver, or passengers while riding in, alighting from, entering or on rent (a) Injuries to the You, driver, or passengers while riding in, alighting from, entering or on rented car. (b) Liability imposed upon or assumed by anyone under any worker's compensation act, plan or contract. (c) Bodily injury or property damage occurring while the car is used as a commercial vehicle or for a commercial purpose. (d) Any property owned or rented by or in the care of You. (e) Any bodily injury that is caused intentionally by or at the direction of You or AAD(s). (f) Any bodily injury to an employee of Yours or AAD(s) that occurs during the course of employment. (g) Any bodily injury that occurs while the vehicle is being used or operated to carry persons or property for a fee; and (h) Any bodily injury that occurs while the vehicle is being used or operated by You or AAD(s) in the business of selling, repairing, servicing, storing or parking of vehicles. SEE PARAGRAPH B.7 FOR INFORMATION ON OPTIONAL SUPPLEMENTAL LIABILITY INSURANCE, WHERE AVAILABLE.

 

For CarShare Periods Rentals originating in New York Indemnification by You. Your Indemnity Provision: You shall defend, indemnify, and hold Us or Our affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Us or Our affiliate(s) arising from any bodily injury or property damage claim presented by any third party for all amounts in excess of the minimum dollar amounts required to be maintained by the Us or Our affiliate(s) by the applicable motor vehicle financial responsibility laws of the State in which this agreement of rental was executed. You agree to present a claim to Your insurance carrier for all such expenses. If You have no insurance to cover such events or losses, You agree to pay Us or Our affiliate(s) for such losses. You agree to further indemnify and hold Us or Our affiliate(s) harmless to the extent permitted by law from attorney fees that are incurred or may be incurred in defending or prosecuting any claims, actions, causes of action, lawsuits or controversies that are brought by or against Us or Our affiliate(s) arising from the Your use, operation or possession of the rented vehicle or Optional Accessories.

New York State Child Safety Seat Law:  New York state law requires all children under the age of eight to be restrained in a federally approved child restraint system.

NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS CONSUMER PROTECTION LAW RULE:

IF YOU HAVE MADE A RESERVATION FOR A CAR (OR TRUCK), THAT RESERVATION MUST BE HONORED AT THE PRICE ORIGINALLY PROMISED, WITHIN ONE-HALF HOUR OF THE TIME ORIGINALLY PROMISED, UNLESS YOU ARE TOLD WHEN YOU MAKE THE RESERVATION THAT IT IS NOT GUARANTEED. TO REPORT COMPLAINTS, CONTACT THE NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS, 42 BROADWAY, NEW YORK, NY 10004, COMPLAINT PHONE: 311 or (212) NEW YORK.

NOTICE: New York State Law prohibits the following practices by rental vehicle companies based upon race, color, ethnic origin, religion, disability, sex, marital status, or age: (1) refusal to rent; (2) the imposition of any additional charge (except in certain instances where the You are under the age of 25). In addition, it is unlawful for any rental vehicle company to refuse to rent a vehicle to any person solely on the requirement of ownership of a credit card. 

We offer "NO REFUNDS" for carshare services or membership fees.

Other Forms of Payment:

For Members choosing to rent with a debit card or money order form of payment:

Contact Us at info@enterprisecarshare.com for cash qualification requirements or visit http://www.enterprisecarshare.com/nyc-policies/cash-equivalent/.  

Supplemental Rental Insurance – New York

Supplemental Rental Insurance – New York

DECLARATIONS

Policy No:                 See "Rental Agreement" Number.

Carrier:                      Empire Fire and Marine Insurance Company

13810 FNB Parkway, PO Box 542003

Omaha, Nebraska 68154-8003

 

ITEM 1.                    "RENTAL AGENCY"

The Rental Company shown in the referenced "RENTAL AGREEMENT"

 

ITEM 2.                    "INSURED" ("Renter" of vehicle)

The "Renter" shown in the referenced "Rental Agreement"

 

ITEM 3.                    COVERAGE PERIOD: Duration of vehicle rental

(See Section II. Coverage Period)

 

ITEM 4.                    LIMIT OF LIABILITY:

The difference between $_300,000__ combined single limit each accident "bodily injury" and "property damage" and the "Underlying Insurance" described in ITEM 5.  There is no deductible.

 

ITEM 5.                    "UNDERLYING INSURANCE": The greater of:

  1. $ 25,000. Each Person - Bodily Injury

$ 50,000. Each Person - Death

$ 50,000. Each Accident - Bodily Injury

$100,000. Each Accident - Death

$ 10,000. Each Accident - Property Damage;

As provided under the terms of the "Rental Agreement"; or

  1. Any other higher Automobile Liability limits (other than "Supplemental Rental Liability Insurance") which are provided by the "Rental Agreement" or have been prearranged or contracted between the "Rental Agency" and "Renter".

 

ITEM 6.                    Premium Rate: $_1.47_ Per Car, Per Hour of Rental

 

IT IS HEREBY AGREED AND UNDERSTOOD, THE "RENTER" IS NOT REQUIRED TO PURCHASE THIS INSURANCE IN ORDER TO RENT A VEHICLE.

IT IS FURTHER AGREED THAT THESE INSURANCE COVERAGES OFFERED MAY PROVIDE A DUPLICATION ON COVERAGE ALREADY PROVIDED BY A RENTER'S PERSONAL AUTOMOBILE INSURANCE, HOMEOWNER'S INSURANCE, PERSONAL LIABILITY INSURANCE, OR OTHER SOURCE OF COVERAGE.

This policy is governed by the laws of the jurisdiction in which it is delivered.  The provisions hereinafter contained are part of this policy as fully as if recited over the signatures hereto affixed.IN WITNESS WHEREOF, Empire Fire and Marine Insurance Company has caused this policy to be signed by its President and Secretary.

 

 

President                                                 Secretary                                                

 

 

POLICY PROVISIONS

Throughout this policy the words "we", "us" or "our" refer to the Insurance Company named in the Declarations.  The words "you" or "your" refer to an "Insured". In addition, certain words or phrases identified by quotation marks are defined in PART VIII - Definitions.

  1. COVERAGE AGREEMENTS
    1. This policy provides excess auto liability insurance and only applies to a "loss" involving "bodily injury" and "property damage" caused by an "accident" and resulting from the use of a "Rental Vehicle" identified in the referenced "Rental Agreement" during the coverage period.
    2. This is excess insurance and only applies to those coverages for which underlying limits of liability are shown on the Declarations of this policy.
    3. Subject to A. & B. above, we will pay for the amounts of "loss"
      1. Exceeding the limits of liability of all "Underlying Insurance" stated in ITEM 5 of the Declarations but only for the hazards insured in such "Underlying Insurance" and
      2. Only up to the limit of liability stated in the Declarations of this policy as our limits of liability.
    4. When the obligations of Underlying Insurers or Self-Insurers to defend you against suits or reimburse you for defense fees, costs, and expenses you incur stops because a limit of liability has been exhausted, we will pay for the reasonable additional defense fees, costs and expenses you incur in the defense of suits even if the allegations of the suit are groundless, false or fraudulent. Our duty to defend or settle ends when the Limit of Liability has been exhausted by payment of judgments or settlements. Defense fees, costs, and expenses, whether incurred by us or by you and which are covered under this policy, are in addition to our limit of liability.
    5. All provisions of the immediate "Underlying Insurance" are considered as part of this policy except any obligation to investigate, defend or pay for such costs and expenses of your defense.
  2. COVERAGE PERIOD
    1. Coverage is effective when an "Insured" takes possession of the "Rental Vehicle" and ends the earlier of:
      1. The termination of the "Rental Agreement",
      2. Return of the "Rental Vehicle" to the "Rental Agency" or its designated representative,
      3. Thirty (30) consecutive days from the effective date of coverage.
  3. WHO IS AN INSURED
    1. "Insured" means:
      1. A "Renter" who has:
        1. Entered into the referenced "Rental Agreement" with the "Rental Agency" shown in the Declarations; and
        2. Elected under the "Rental Agreement" to purchase optional "Supplemental Rental Liability Insurance"; and
        3. Paid for optional "Supplemental Rental Liability Insurance".
      2. Additional "Authorized Drivers" whose names appear on the "Rental Agreement", where the "Renter" has complied with paragraphs, 1.a.b., and c. above.
    2. "Insured" does not mean:
      1. The "Rental Agency" or owner of the "Rental Vehicle", or
      2. Any employee, representative or family member of the "Rental Agency"; or
      3. Any driver who is not an "Authorized Driver" under the terms of the "Rental Agreement", or whose name does not appear on the "Rental Agreement".
  4. LIMIT OF INSURANCE
    1. Regardless of the number of "Insureds", "Rental Vehicles", premiums paid, or claims made, the most we will pay for "loss" or "damage" is the difference between the limits of liability provided by the "Underlying Insurance" and the limit shown in ITEM 4 of the Declarations.
    2. The "bodily injury" liability limit for each person as set forth in the Declarations, and anywhere else in the Policy, is the limit of our liability for all damages arising out of "bodily injury" sustained by one person as a result of any one occurrence. Any claims for damages for loss of services and care, including but not limited to loss of consortium or injury to the relationship, shall be included in the "bodily injury" liability limit for each injured person.
  1. EXCLUSIONS

    This insurance does not apply to:

    1. Expected or Intended Injury - "Bodily Injury" or "property damage" expected or intended from the standpoint of an "Insured".
    2. Workers' Compensation - Any obligation for which an "Insured" or the "Insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law.
    3. Employee Indemnification - "Bodily Injury" to an employee of an "Insured" arising out of and in the course of employment by an "Insured".

      This exclusion applies:

      1. Whether an "Insured" may be liable as an employer or in any other capacity; and
      2. To any obligation to share damages with or repay someone else who must pay damages because of the injury.
    4. Fellow Employee - "Bodily Injury" to any fellow employee of an "Insured" arising out of and in the course of the fellow employee's employment but only if such fellow employee is eligible for coverage under any workers' compensation, unemployment compensation or disability benefits law, or any similar law.
    5. Care, Custody or Control - "Property damage" to or covered pollution cost or expense involving property transported by an "Insured" or in an "Insured's" care, custody or control.
    6. Pollution - "Bodily Injury" or "Property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants":
      1. That are or that are contained in any property that is:
        1. Being transported or towed by, handled, or handled for movement into, onto or from, the covered auto:
        2. Otherwise in the course of transit by or on behalf of an "Insured"; or
        3. Being stored, disposed of, treated or processed in or upon the covered auto;
      2. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by an "Insured" for movement into or onto the covered auto; or
      3. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered auto to the place where they are finally delivered, disposed of or abandoned by an insured.

      Paragraph 1. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered auto or its parts, if:

      The "pollutants" escape, seep, migrate, or are discharged, dispersed or released directly from an auto part designed by its manufacturer to hold, store, receive or dispose of such "pollutants".

    7. War - "Bodily Injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement.
    8. Liability arising out of the any prohibited uses of the "Rental Vehicle", including but not limited to:
      1. Carrying people or property for hire;
      2. Use of vehicle in the commission of a crime;
      3. Use in any speed or demolition contest;
      4. Towing or pushing anything; or
      5. Driving into or within Mexico.
    9. Liability for "Damage" to the "Rental Vehicle".
    10. "Loss" or "Damage" intentionally caused by an "Insured".
    11. Liability arising out of the use of a "Rental Vehicle" which was obtained through a "Rental Agreement" based on fraudulent information.
    12. Punitive or exemplary damages.
    13. "Loss" arising out of an "accident" which occurs while the operator of the "Rental Vehicle" is under the influence of alcohol or drugs, or other substances unless used as prescribed by a physician.
    14. Liability arising out of or benefits payable under any first party benefit law, medical payments, no-fault law or any similar law to the foregoing, in any state.
    15. Loss" arising out of uninsured or underinsured motorists coverage.
    16. "Loss" arising out of the operation of a "Rental Vehicle" by a driver who is not an "Insured".
    17. "Loss" arising out of "bodily injury" or "property damage" sustained by the spouse of the operator of the "Rental Vehicle".
  2. POLICY TERRITORY

    We cover losses which occur during the "Coverage Period" within the United States and Canada, but only if the "Loss" arises out of a vehicle which is rented in the state of New York.  Policy territory does not include Mexico.

  3. CONDITIONS
    1. Insureds Duties After Loss: Whenever it appears that a "loss" is a likely to involve this policy, notice thereof shall be given to us, any "Agent" of Empire Fire and Marine Insurance Company or any office of the "Rental Agency". Such notice shall be deemed notice to Empire Fire and Marine Insurance Company. Additionally, each involved "Insured" must fully cooperate in the investigation, settlement or defense of the "loss".  Failure to give any notice required by this policy within the time prescribed shall not invalidate any claim made by the "Insured" or by any other claimant if it shall be shown such notice was given as soon as reasonably possible.
    2. Premium: The premium for this policy shall be as stated in the Declarations.
    3. Expenses: If, at our request an "Insured" has incurred attorney fees, court costs or other expenses including interest in the investigation or defense of claims, suits, or other legal proceedings, we will be responsible for payment of them. We are not responsible for salaries or expenses of an "Insured" or any "Insured's" employee in the investigation or defense of a claim, suit, or other legal proceeding without our prior consent.
    4. Subrogation: In the event of any payment under this policy, we shall participate with any "Insured" and any Underlying Insurer or Self-Insurer in the exercise of all of an "Insured's" rights of recovery against any person or organization liable therefore. An "Insured" must do everything necessary to secure our rights and must do nothing after "Loss" to impair them.  The apportionment of any amounts recovered shall be in the following order:
      1. Any party, including you, who has paid an amount above payment by this policy, shall be reimbursed up to the amount they have paid.
      2. From any remaining balance, we will then be reimbursed up to the amount we have paid.
      3. From any remaining balance, amounts paid by and Underlying Insurers or Self-Insurers shall then be reimbursed. Expenses and costs necessary to the recovery of an amount shall be apportioned between all parties in the ratio of their recovery.  If the attempt to recover is totally unsuccessful, expenses and costs will be apportioned in the ratio of the amounts each party sought to recover.
    5. Suit: No Action can be brought by you unless the provisions of this policy have been complied with and the amount of your obligation to pay has been decided.

      Any person, organization or their legal representative is entitled to recover under this policy after they have secured a judgment or written agreement against you.  Recovery is limited to the extent of the insurance afforded by this policy.  No person or organization has any right under this policy to include us in any direct action against you to determine your liability nor will we be brought into such an action by you or your representative.  If you or your estate becomes bankrupt or insolvent, it does not change any of our obligations under this policy.

    6. Notice of Suit: Notice to the "Rental Agency", "Agent" or to us is notice to us.
    7. Changes: This policy together with the "Rental Agreement" constitutes the entire contract of insurance. No "Agent" or "Rental Agency" has authority to change this policy or waive any of its provisions.
    8. Other Insurance: When you are covered by insurance other than this policy and the "Underlying Insurance", that other insurance is excess.
    9. Transfer Of Duties When A Limit Of Insurance Is Used Up:
      1. If we conclude that, based on "accidents", claims or suits which have been reported to us and to which this insurance may apply, the Limit Of Insurance is likely to be used up in the payment of judgments or settlements, we will notify the "Insured", in writing, to that effect.
      2. When the Limit Of Insurance has actually been used up in the payment of judgments or settlements:
        1. We will notify the "Insured", in writing, as soon as possible, that:
          1. Such limit has actually been used up; and
          2. Our duty to defend suits seeking damages subject to that limit has also ended.
        2. We will initiate, and cooperate in, the transfer of control, to any appropriate "Insured", of all claims and suits seeking damages which are subject to that limit and which are reported to us before that limit is used up. That "Insured" must cooperate in the transfer of control of said claims and suits. We agree to take such steps, as we deem appropriate, to avoid a default in, or continue the defense of, such suits until such transfer is completed, provided the appropriate "Insured" is cooperating in completing such transfer.  We will take no action whatsoever with respect to any claim or suit seeking damages that would have been subject to that limit, had it not been used up, if the claim or suit is reported to us after that limit of insurance has been used up.
        3. The "Insured", and any other "Insured" involved in a suit seeking damages subject to that limit, must arrange for the defense of such suit within such time period as agreed to between the appropriate "Insured" and us. Absent any such agreement, arrangements for the defense of such suit must be made as soon as possible.
      3. The "Insured" will reimburse us for expenses we incur in taking those steps we deem appropriate in accordance with Paragraph b. above. The duty of the "Insured" to reimburse us will begin on:
        1. The date we sent notice in accordance with Paragraph above; or
        2. The date on which we sent notice in accordance with Paragraph a. above, if we did not send notice in accordance with Paragraph 1. above.
      4. The exhaustion of the Limit Of Insurance by the payments of judgments or settlements, and the resulting end of our duty to defend, will not be affected by our failure to comply with any of the provisions of this Condition.
    10. Cancellation: The "Insured" may cancel this "Supplemental Rental Liability Insurance" at any time and any unearned premium will be refunded in accordance with applicable law.
  4. DEFINITIONS
    1. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage".
    2. "Agent" means an employee of the "Rental Agency" authorized and licensed to rent cars and sell this insurance.
    3. "Authorized Driver" means any individual who has a valid driver's license, meets the rental requirements as stated in the "Rental Agreement" and is listed on the "Rental Agreement" as an "Authorized Driver".
    4. "Bodily Injury" means bodily injury, sickness or disease sustained by a person as well as any injury damage or loss of services or care to others resulting from such bodily injury, sickness or disease, including but not limited to loss of consortium or injury to the relationship. "Bodily Injury" shall also include death resulting from any of the above.  Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth.
    5. "Insured" means the person or organization qualifying as an insured in Section III. Who Is An Insured.
    6. "Loss" means amounts paid in settlement of a claim or judgment for which you are legally liable. The amounts are subject to deductions for subrogation, salvage, and any recoveries available.  Loss does not include costs of defense, interest on judgments, or other expenses paid in defense or investigation of the claim.
    7. "Pollutants" mean any liquid, gaseous, or thermal irritant contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
    8. "Property Damage" and "Damage" mean destruction of or loss of use of tangible property.
    9. "Rental Agency" means the company that owns and rents or leases the "Rental Vehicle".
    10. "Rental Agreement" means the rental contract by which the "Rental Agent" rents or leases the "Rental Vehicle".
    11. "Rental Vehicle" means the motor vehicle rented or leased by a "Renter" from the "Rental Agent".
    12. "Renter" means the person or organization shown on the "Rental Agreement" as renting or leasing a motor vehicle from the "Rental Agency".
    13. "Supplemental Rental Liability Insurance" means optional liability insurance elected by a "Renter" at the origin of a "Rental Agreement".
    14. "Underlying Insurance" means the insurance listed on the Declarations of this policy, which provides the layer of coverage immediately preceding the layer of coverage by this policy. Underlying Insurance also means any plan of risk retention in which a program or procedure has been established, other than insurance to meet the adverse result of a "loss".

 

FOR SERVICE RELATED INQUIRIES OR TO REPORT A CLAIM, PLEASE CONTACT:

EMPIRE FIRE AND MARINE INSURANCE COMPANY:

TOLL FREE: 800-987-3373

 

EMPLOYEES, AGENTS OR ENDORSEES OF RENTAL OPERATOR ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF RENTEE'S EXISTING COVERAGE.

FOR CARSHARE PERIODS ORIGINATING IN PENNSYLVANIA

Damage Responsibility and Optional Damage Waiver ("DW"). Damage Waiver is not insurance. The purchase of Damage Waiver (DW) is optional and not required in order to rent a Vehicle. Damage waiver may not be offered in all cities. Should a vehicle be damaged or lost as a result of you or an Authorized Driver using or operating Vehicle in a manner as set forth in Section B, Paragraph 12(a) and (b) below, you will be responsible for the full extent of any damage to or loss of a Vehicle to the extent permitted by law. Retained responsibility amount(s): $1000.00, including associated costs, per occurrence. 

a) I may buy optional DW from Enterprise CarShare for an additional fee at the beginning of each CarShare Period. If I buy DW, Enterprise CarShare agrees, subject to the items listed below under "Damage Waiver Invalidation", that I will not be responsible for:

      i) the cost of damage to Vehicle; or

      ii) the loss or theft of Vehicle or any part or accessory; or

      iii) any costs related to the damages described in (a,i) and (a,ii).

            This will be true regardless of whether I was at fault or whether the damage, loss or theft happened because of my negligence. DW does not apply to lost or damaged keys, key fobs, transponders, Optional Accessories, or any liability imposed by law. DW does not apply to damage occurring in Mexico.

b) When deciding whether or not to buy DW, I may want to check with my insurance company or credit card company to find out:

      i) whether I already have coverage or protection if Vehicle is damaged or stolen, and

      ii) the amount of my deductible or out-of-pocket responsibility if Vehicle is damaged or stolen.

c) Damage Waiver Invalidation: DW will be invalidated and will not apply if any of the following should happen:

      i) If Vehicle is damaged when used or driven:

            (1) by anyone other than me without the prior written consent of Enterprise CarShare;

            (2) by anyone impaired by the use of alcohol, narcotics, intoxicants or drugs, whether taken with or without a prescription;

            (3) by anyone committing a felony or otherwise engaged in a criminal act;

            (4) in a race or speed contest;

            (5) to tow or push anything;

            (6) outside of the United States unless authorized on Page 1;

            (7) by anyone who has given a fictitious name, false address or false or invalid driver's license;

            (8) by anyone who does not have a valid driver's license, whose driver's license expires or becomes invalid during the Rental Period;

            (9) by anyone who misrepresents facts to Enterprise CarShare about the rental, use or operation of Vehicle;

            (10) to transport persons or property for hire;

            (11) in a wanton or reckless manner;

            (12) on an unpaved road or off-road;

            (13) to transport explosives, chemicals, corrosives, or other hazardous materials or pollutants of any kind: or

      ii) If I:

            (1) transfer or assign this Agreement and/or sub-rent Vehicle to anyone else; or

            (2) deliberately damage Vehicle or allow anyone else to do so; or

            (3) fail or refuse to provide Enterprise CarShare, the police or any other authorities with a full report of any accident or vandalism involving Vehicle; or

            (4) otherwise fail to cooperate with Enterprise CarShare, police or any other authorities in the investigation of any accident or vandalism involving Vehicle; or

      iii) If any of Vehicle's interior components are stolen or damaged when Vehicle is unlocked or its keys are not secured; or

      iv) If Vehicle is stolen and I do not do all of the following:

            (1) return to Enterprise CarShare the original ignition keys and Enterprise CarShare's key tag identifying the Vehicle; and

            (2) file a police report within 24 hours after discovering the theft; and

            (3) cooperate fully with Enterprise CarShare, police and any other authorities in all matters connected with the investigation of the theft;

            (4) ensure that the Vehicle's ignition is turned off when the Vehicle is stolen.

 

FOR CARSHARE PERIODS ORIGINATING IN TEXAS

NOTICE: This agreement may offer, for an additional charge, an optional waiver to cover all or a part of yourresponsibility for damage to or loss of the vehicle. Before deciding whether to purchase the waiver, you may wish to determine whether your own automobile insurance or credit card agreement provides you coverage for rental vehicle damage or loss and determine the amount of the deductible under your own insurance coverage. The purchase of the waiver is not mandatory. The waiver is not insurance.

Notice to Texas Residents Regarding Damage Waivers: Your personal automobile insurance policy may or may not provide coverage for your responsibility for the loss of or damage to a rented vehicle during the rental term. Before deciding whether to purchase a damage waiver, you may wish to determine whether your automobile insurance policy provides you coverage for rental vehicle damage or loss. If you file a claim under your personal automobile insurance policy, your insurance company may choose to non-renew your policy at your renewal date, but may do so only if you are at fault for the claim.

Texas Damage Responsibility And Optional Damage Waiver (DW)(may also be referred to as Collision Damage Waiver (CDW) or Loss Damage Waiver (LDW). DAMAGE WAIVER IS NOT INSURANCE. THE PURCHASE OF DAMAGE WAIVER IS NOT REQUIRED IN ORDER TO RENT A VEHICLE. DAMAGE WAIVER MAY NOT BE OFFERED IN ALL CITIES. Enterprise CarShare agrees, subject to the exclusions for relief from damage responsibility and the acts or omissions which void DW set forth below, to contractually relieve you of responsibility above the retained responsibility, if any, for physical damage or loss to the vehicle during the CarShare Period regardless of cause. Should a vehicle be damaged or lost as a result of you or any Authorized Driver using or operating the vehicle in a manner as set forth in section (b)(i-vii) below, you will be responsible for the full extent of any damage to or loss of a Vehicle as permitted by law. Retained responsibility amount(s): $1000.00, including associated costs, per occurrence, unless you have purchased Optional DW, as described below.

  1. If offered, you may purchase DW from Enterprise CarShare for an additional fee prior to the beginning of the CarShare Period. If you purchase DW, Enterprise CarShare agrees, notwithstanding any laws to the contrary and subject to the actions that invalidate DW listed below, to contractually waive your damage retained responsibility for the cost of damage to, loss or theft of, Vehicle or any part or accessory and related costs regardless of fault or negligence. Notwithstanding anything to the contrary and unless prohibited by law, DW does not apply to lost keys, key fobs, transponders or Optional Accessories, or any liability imposed by law. DW does not apply to damage occurring in Mexico. When deciding whether or not to purchase DW, you may wish to check with your insurance representative or credit card company to determine whether, in the event of damage to, or theft of, Vehicle, you have coverage or protection for such damage or theft and the amount of your deductible or out-of-pocket risk.

EXCLUSIONS: Regardless of the purchase of optional DW, and subject to applicable laws, relief from damage responsibility and the retained responsibility limit do not apply, and you will be responsible for ALL damages if Vehicle is damaged when used or driven:

  1. the damage is caused intentionally by an Authorized Driver or as a result of willful and wanton misconduct of an Authorized Driver;
  2. the damage arises out of the use of the vehicle while under the influence of alcohol, illegal drugs, a controlled substance, or any other intoxicant that impairs driving ability;
  3. the rental company entered into the rental transaction based on fraudulent information supplied by you;
  4. the damage arises out of the use of the vehicle while engaged in the commission of a crime other than a traffic infraction.
  5. the damage arises out of the use of the vehicle to carry persons or property for hire, to push or tow anything, to engage in a speed contest, or for driver's training;
  6. the damage arises out of the use of the vehicle by a person other than an Authorized Driver; or
  7. the damage arises out of the use of the vehicle outside the continental United States and the use is not specifically authorized by the rental agreement.

Notice: YOUR PERSONAL AUTOMOBILE INSURANCE MAY PROVIDE COVERAGE FOR YOUR LIABILITY WHILE OPERATING A RENTAL VEHICLE. THE PURCHASE OF SLP IS NOT REQUIRED AS A CONDITION OF RENTING AN AUTOMOBILE. THIS INSURANCE DOES NOT APPLY TO ANY BODILY INJURY OR PROPERTY DAMAGE ARISING OUT OF THE USE OF A RENTAL VEHICLE BY ANY DRIVER WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL IN VIOLATION OF THE LAW. THE RENTAL CAR COMPANY'S EMPLOYEES, AGENTS OR ENDORSEES ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF THE YOUR EXISTING COVERAGE.

Supplemental Liability Protection (where available). Optional Supplemental Liability Protection ("SLP") provides you with minimum financial responsibility limits as set forth in the applicable motor vehicle financial responsibility laws of the state where the vehicle is operated and excess insurance provided by the insurer, which supplies you and an Authorized Drivers with third-party liability protection with combined single limit per accident equal to the difference between the minimum financial responsibility limits set forth above and 300,000 Combined Single Limit per accident. SLP will respond on a primary basis for third party accident claims that result from bodily injury, including death, and property damage that arise from the use or operation of the rental vehicle as permitted under this Rental Agreement. SLP is available for an additional charge as stipulated on the rental agreement.

Exclusions: For all exclusions, see this Agreement and the SLP policy issued by the insurer. Here are a few key exclusions: (a) loss arising out of an accident which occurs while you or any Authorized Driver is under the influence of alcohol or drugs in violation of the law; (b) loss arising out of the use of a rental vehicle when such use is in violation of the terms and conditions of the rental agreement; (c) loss arising out of bodily injury or property damage sustained by you or any Authorized Driver or your family member or an Authorized Driver's family member who resides in the same household; (d) loss arising out of the operation of the rental vehicle by any driver who is not you or an Authorized Driver; (e) bodily injury to an employee or the spouse, child, parent, brother or sister of that employee, arising out of and in the course of employment by you or an Authorized Drivers; (f) property damage to property transported or in the care, custody or control of you or an Authorized Driver's; (g) damage to the rental vehicle; (h) Liability arising out of the use of a rental vehicle, which was obtained, based on false, misleading or fraudulent information. The coverage provided under the policy for the insured is void in any case of fraud by the insured relating to it. It is also void if the insured intentionally conceals or misrepresents a material fact concerning the policy.

You may not need the automobile insurance (SLP) offered by Enterprise CarShare. Your Texas automobile policy provides coverage for your liability while operating a rental vehicle. Automobile policies issued in other states or countries may also duplicate this coverage. The purchase of SLP is not required as a condition of renting an automobile. The rental car company's employees, agents or endorsees are not qualified to evaluate the adequacy of the existing coverage.

This insurance does not apply to any bodily injury or property damage arising out of the use of a rental vehicle by any driver while under the influence of drugs or alcohol in violation of the law.

Report SLP Claims to:

Sedgwick CMS

P.O. Box 94950

Cleveland, OH 44101

Phone: 1-888-515-3132

Fax: 1-440-914-2903

 

THE HARRIS COUNTY-HOUSTON SPORTS AUTHORITY REQUIRES THAT AN ADDITIONAL TAX OF 5% BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR THE PURPOSE OF FINANCING ONE OR MORE APPROVED VENUE PROJECTS.

 

THE CITY OF EULESS REQUIRES THAT AN ADDITIONAL TAX OF 5% PERCENT BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR THE PURPOSE OF FINANCING CERTAIN PROJECTS UNDER A REVENUE SHARING AGREEMENT.

 

THE CITY OF AUSTIN REQUIRES THAT AN ADDITIONAL TAX OF 5% BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR THE PURPOSE OF FINANCING THE TOWN LAKE PARK COMMUNITY EVENTS CENTER VENUE PROJECT.

 

BEXAR COUNTY REQUIRES THAT AN ADDITIONAL TAX OF 5% BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR THE PURPOSE OF FINANCING A MULTIPURPOSE SPORTS AND COMMUNITY VENUE PROJECT APPROVED BY THE VOTERS OF THE CITY ON NOVEMBER 2, 1999.

 

THE CITY OF EL PASO REQUIRES THAT AN ADDITIONAL TAX OF 5% BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR THE PURPOSE OF FINANCING THE SUN BOWL VENUE PROJECT.

FOR CARSHARE PERIODS ORIGINATING IN UTAH

Pursuant to Utah Code 76-6-410.5 failure to return Vehicle within 72 hours after the time established for the return in the rental agreement may subject you to prosecution for theft punishable by the maximum penalties under Utah state law.

"YOUR OWN MOTOR VEHICLE INSURANCE OR YOUR CREDIT CARD MAY COVER ANY DAMAGE OR LOSS TO THE RENTAL VEHICLE."

NOTICE: Keep this document in rental vehicle for law enforcement verification purposes.

FOR CARSHARE PERIODS ORIGINATING IN VIRGINIA

NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.


  I have read and agree to the terms and conditions
  I would like to receive email specials from Enterprise CarShare
 
 

Powered by Metavera