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Thanks for your interest in membership with Enterprise CarShare. To ensure you can start driving soon, complete all required fields on this form. If you have any questions, call us at 855-383-1212 or email us at info@enterprisecarshare.com. Applicants must be at least 21 years of age.

New Applicant - Member Application Form

Tuesday, September 19, 2017
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Verification

Enterprise CarShare Terms of Use

BY ACCEPTING TERMS AT TIME OF RESERVATION, MEMBER ACKNOWLEDGES HE/SHE HAS READ, IS AWARE OF, ACCEPTS FULL RESPONSIBILITY FOR AND IS BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THESE ENTERPRISE CARSHARE TERMS OF USE AND MEMBER HAS RECEIVED ALL STATE-SPECIFIC DISCLOSURES AS OUTLINED HEREIN.

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

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION IN CHAPTER C, WHICH LIMITS MEMBERS REMEDIES IN THE EVENT OF A DISPUTE BETWEEN THE MEMBER AND ENTERPRISE CARSHARE. 

  1. General
    1. Terms of Use. These Terms of Use, including the Application, (referred to hereafter as the "Agreement"), constitute the entire agreement between Member and the local Enterprise affiliated entity ("Enterprise CarShare") and will become a binding agreement between the parties, through electronic means, upon acceptance by Member. Member expressly acknowledges that Member and Enterprise CarShare are the only parties to the Agreement.
    2. Definitions. For the purposes of this Agreement and Member's use of Enterprise CarShare Vehicles , the following terms are specifically defined:
      1. "APPLICATION" means the form completed by the member during the application process.
      2. "AUTHORIZED AREA OF OPERATION" means the continental United States, Hawaii, or Alaska.
      3. "AUTHORIZED DRIVER" means the Member, and with the Member's permission, Member's 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 the time Member takes possession of or has reserved the Vehicle for rental, whichever is earlier, and the time the Member returned the Vehicle or the conclusion of the Reservation, whichever is later, to the designated Car Share location and secures the Vehicle as required by Enterprise CarShare.
      5. "CHARGES" means any amount that is owed by and billed to Member and/or 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 Member by Enterprise CarShare as part of a promotional or accommodation offering or to offset Trip Time and Trip Distance charges incurred by Member.
      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, "Enterprise CarShare" shall also include all references to "We" or "Our".
      8. "MEMBER" means the person identified in the Application as Member and who also meets the minimum age, license and other Enterprise CarShare requirements. Under this Agreement, "Member" shall also include all references to "You" or "Your".
      9. "MEMBERSHIP PLAN" or "MEMBERSHIP FEE", which may be referred to as "ANNUAL MEMBERSHIP FEE", "FIRST YEAR MEMBERSHIP FEE", or "PLAN FEE", means an amount, selected by Member and/or imposed by Enterprise CarShare, paid to Enterprise CarShare on a periodic basis, in return for access to Enterprise CarShare services for a stated period of time.
      10. "PROGRAM" means the Enterprise CarShare Car Sharing Program as stated in this Agreement.
      11. "RESERVATION" means the process by which the Member selects a vehicle, selects a beginning and ending time and date for the CarShare Period, selects optional products where offered, and agrees to the most current form of these Terms of Use.
      12. "SPONSOR" means any organization which may provide Member authorization, access to and support for Member's use or access to the Enterprise CarShare Car Sharing Program.
      13. "VEHICLE" means the Vehicle reserved or operated by Member or Authorized Driver and any replacement vehicle(s) provided by Enterprise CarShare.
    3. Consent to Electronic Transactions and Communications: By agreeing to become a CarShare member, you consent to conduct transactions electronically. Each time You reserve a vehicle, You also agree to conduct the transaction electronically. 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. If you require a printed copy of this Agreement, You may request one by emailing info@enterprisecarshare.com
    4. Qualifications. In submitting an Application and at each Reservation, Member certifies that Member is
      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 paragraph B. 13 for information on Mobility accommodations. If at any time Member's driver's license is suspended, confiscated, revoked or expired or there is a change in its status, Member must immediately notify Enterprise CarShare and Member will not be authorized to operate or reserve any Enterprise CarShare Vehicle unless so authorized by Enterprise CarShare.
      5. Otherwise in compliance with additional Enterprise Carshare Program and/or Sponsor qualification requirements.
    5. How to become a Member: By submitting the completed Application for the Program and accepting the Agreement via our website enterprisecarshare.com, You submit an offer to Enterprise CarShare to enroll as a Member 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 a non-transferable membership card for your exclusive use ("Card"). The Agreement terms will be stored by Enterprise CarShare and will be available to You via our website during the Reservation process or upon request by sending an email to info@enterprisecarshare.com.
    6. 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 this 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 Enterprise CarShare is entitled to rely upon any and all information provided by You and contained in Your Profile as being current and accurate.
    7. Transactional emails: Enterprise CarShare, its affiliates and/or their agents will provide to You 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 that will be sent out directly following the placement of a Reservation request. Transactional emails may also include but are not limited to the following: (a) Reservation reminders, (b) a reminder of online monthly statement availability, (c) toll and citation charges, (d) payment notifications, and (f) notification of an expired driver's license or credit card.
    8. Payment Method: The credit or debit card on file must be in the name of the Member. The card on file must be a bank-issued credit or debit card. When Member places a Reservation, Member 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, a Membership Plan fee will be charged upon the anniversary month of Member's join date. MEMBER AUTHORIZES ENTERPRISE CARSHARE TO CHARGE TO THE CREDIT CARD(S) AND/OR DEBIT CARD(S), PROVIDED BY MEMBER TO ENTERPRISE CARSHARE, ALL AMOUNTS OWED BY MEMBER UNDER THIS AGREEMENT FOR ADVANCE DEPOSITS, INCREMENTAL AUTHORIZATIONS/DEPOSITS, AND ANY OTHER AMOUNTS OWED BY MEMBER, AS WELL AS PAYMENTS REFUSED BY A THIRD PARTY TO WHOM BILLING WAS DIRECTED. IN THE EVENT ENTERPRISE CARSHARE INITIATES ANY CHARGE TO SUCH CARD(S) THAT IS DISHONORED FOR ANY REASON, MEMBER AUTHORIZES ENTERPRISE CARSHARE TO RE-INITIATE SUCH CHARGE WITHOUT FURTHER AUTHORIZATION FROM MEMBER. For important additional details please refer to "Payment(s) by Member" in section B(2) below.
    9. Reservation Cancellation Policy: A Member 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(2)(j) below.
    10. Member Privacy. The information you provide to Enterprise CarShare is stored and used in accordance with Our privacy policy, which is available at http://www.enterprisecarshare.com/privacy-policy , which may be amended from time to time and which is incorporated herein by reference. Questions regarding privacy should be directed to: privacy@ehi.com; 1 (877) 858-3884 or Enterprise Holdings, Inc., Privacy Questions, 600 Corporate Park Drive, St. Louis, MO 63105.
    11. Termination without Cause. Member may terminate the Member's membership without cause at any time by providing written notice to Enterprise CarShare or contacting Enterprise CarShare. Enterprise CarShare may terminate Member's membership without cause upon no less than seven (7) days advance written notice. Notwithstanding any termination, Member 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 Member any amounts paid in advance to Enterprise CarShare by or on behalf of Member 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 Member's Membership, without notice, if Member does not utilize Membership for a period of twelve (12) consecutive months.
    12. Costs and Charges of Collection. 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 Member under this Agreement shall be paid, in addition to all other Charges and Fees due to Enterprise CarShare, by Member upon demand.
    13. Conflicts. In the event of any conflict between this Agreement contained herein and any other document with respect to the Program as set forth herein, this Agreement shall govern except as otherwise set forth from Enterprise CarShare in writing.
    14. Severability. If any provision of the herein is determined to be unlawful, contrary to public policy, void or otherwise unenforceable, all remaining provisions shall continue in full force and effect. Any such provision shall be applied or modified in such a way so as to make the provision consistent with law or public policy, as applicable
    15. Limitation of Remedy/No Consequential Damages. If Enterprise CarShare breaches any of its obligations under the Agreement and/or if Vehicle has any mechanical failure or other failure not caused by Member and if Enterprise CarShare is liable under applicable law for such breach or Vehicle failure, Enterprise CarShare's sole liability to Member and Member's sole remedy is limited to the substitution of another similar Vehicle by Enterprise CarShare to Member and to recovery by Member of the pro rata hourly/overnight/daily Charges for the period in which Member did not have use of Vehicle or substitute Vehicle. MEMBER WAIVES ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO MEMBER. SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO MEMBER. Member 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. Member releases 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.
    16. Headings. The headings of the numbered paragraphs of this Agreement are for convenience only, are not part of these Terms of Use and do not in any way limit, modify or amplify the substance of the Terms of Use set forth herein.
    17. Choice of Law. All items and conditions of the Agreement relevant to the rental of the Vehicle, including damages to the vehicle and third parties, and charges related to the rental, shall be interpreted, construed and enforced pursuant to the law of the State or Province where the Vehicle is located at the initiation of the Car Share Period. Items and conditions not directly related to a specific rental transaction, including but not limited to membership requirements, electronic communications, and privacy concerns, shall be interpreted, construed, and enforced pursuant to the law of the State of Missouri.
    18. If there are questions about this Agreement set forth herein or the Enterprise CarShare Car Share Program or policies in general, please contact Enterprise CarShare via email at info@enterprisecarshare.com.
    19. CONSENT TO DRIVERS LICENSE VALIDATION AND CREDIT VERIFICATION: Member agrees that Member's eligibility for the Enterprise CarShare Car Sharing Program and Member's access to use any Vehicle may be subject to a check, either manually or electronically, of the validity of Member's driver's license as may be required by this Agreement or the Enterprise CarShare Car Sharing Program. Such validity checks may be performed:
      1. upon receipt of Member's Application and prior to membership approval;
      2. At least once annually, to confirm validity; and
      3. in advance of Member's driver's license expiration date.

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

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

        If Member wishes to refuse or revoke this authorization then Member must do so by notifying Enterprise CarShare in writing 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. Member may request a hard copy of the Terms of Use and other information by written notice to Enterprise CarShare via email at info@enterprisecarshare.com.
  2. CARSHARE PROGRAM DETAILS
    1. Ownership/Vehicle Condition/Warranty Exclusion. Member acknowledges that Vehicle is, by ownership, beneficial interest or lease, property of Enterprise CarShare, even if owned, registered or titled to third party. MEMBER IS RECEIVING VEHICLE "AS IS" AND MEMBER AGREES TO INSPECT VEHICLE AND REPORT ANY DAMAGE BEFORE INITIATING OPERATION OF VEHICLE. ENTERPRISE CARSHARE EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Member shall not alter the Vehicle's condition in any way. Member agrees to return Vehicle to its designated parking spot on or before the agreed upon return date and time or on Enterprise CarShare's demand and in same condition as received, ordinary wear and tear excepted. If Member determines Vehicle may be unsafe, Member shall stop operating Vehicle and notify Enterprise CarShare immediately.
    2. Payment(s) by Member. Member shall pay Enterprise CarShare, on demand, the following and any applicable taxes and Fees:

              a. Trip Time, the charges incurred for the Member's Car Share Period. All such Charges shall be as calculated and billed to Member by Enterprise CarShare, and may include hourly and daily charges.

              b. Trip Distance, for all miles exceeding any free miles offered to Member for the Car Share Period.

              c. Application Fees up to $75, for the costs associated with Member 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 per occurrence, plus any additional Trip Time Member may incur, for extending a Reservation when the extension occurs after the Reservation end time.

              f. Late Return of up to $50.00 plus any additional Trip Time Member may incur for returning Vehicle after Reservation end time.

              g. Inconvenience Fee of up to $50.00 in the event that Member's extension of Reservation or late delivery of Vehicle displaces or cancels the next member's Reservation for that Vehicle.

              h. Low Fuel Fee of up to $50.00 for Members who return Vehicle with less than a 1/4 of a tank of gas. Member is required to return the vehicle with at least a 1/4 tank or more.

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

              k. Cancelled Time: If a Member cancels or shortens a Reservation less than 3 hours before the start of the Reservation, Cancelled Time of the lesser of 3 hours or the actual Reservation time may be charged. If a Member shortens a trip after the start of the Reservation, Cancelled Time of the lesser of 3 hours or the remaining Reservation time may be charged.

              l. Vehicle Returned Improperly Fee of up to $50 plus costs incurred (e.g. towing, retrieval, cleaning costs), for failure to return vehicle in acceptable condition for 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, for Member accessing or taking any Vehicle without a Reservation.

              n. Roadside Assistance Fee of up to $50 plus costs incurred, when roadside service call is required as a result of Member 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 for failure to return ignition key fob to holder in glove box (where applicable) and lock Vehicle with member card at the end of the car share 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 upon account closed, up to $10.00.

              t. Manual billing reconciliation as a result of wrong member card used during Reservation, up to $25.00.

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

              v. Member card Replacement Fee of up to $10.00.

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

              x. The 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 upon Enterprise CarShare or its affiliates to title, register and plate all vehicles in its rental fleet registered in the state or province where the vehicle is located. The VLF REC is not calculated based on the costs imposed upon a particular vehicle.

              y. All fines, costs, charges and attorneys' fees paid or to be paid by Enterprise CarShare, its affiliates or a third party for legal violations, parking, and tolls and the like occurring during the CarShare Period (Fines, Tolls, and Violations). Member consents to the payment of all Fines, Tolls and Violations by Enterprise CarShare, its affiliates or a third party on Member's behalf without advance notice thereof and acknowledges that such payment may prejudice Member's ability to contest Fines, Tolls and Violations with the applicable authority. Member agrees Enterprise CarShare may provide Member's information to applicable authorities and/or third parties to process payment and/or transfer liability to the Member for any such Fines, Tolls and Violations. Enterprise CarShare, its affiliates or third party may assess a fee of up to $25 per incident to apply towards all costs incurred in connection with any fines, violations, citations and their administration. Enterprise CarShare, its affiliates or a third party may assess a fee of up to ten percent (10%) of all toll charges incurred during the Car Share Period, to apply to all costs in connection with any tolls and their administration. Tolls may be charged at a rate up to the higher of the applicable toll authority's cash toll rate or highest undiscounted toll rate.

              z. All amounts paid by Member may be first applied by Enterprise CarShare to accrued Charges and Fees as set forth above, prior to being applied or credited to any Charges yet to be incurred by Member for use of the Vehicle during Member's Car Share Period.

              aa. Member agrees that Enterprise CarShare shall, for all Charges and amounts incurred during Member's Car Share Period and for any amounts as specified in Member's Membership Plan, have full authorization to charge and collect any and all Charges owed by Member, including but not limited to any balances and other amounts in any form owed by Member against Member's credit or debit card on file with Enterprise CarShare. Member shall maintain a valid credit card on file with Enterprise CarShare at all times during Member's membership.

              bb. Expedited Shipping Fees, for the cost associated with shipping materials to Member.

              cc. For damage to, loss or theft of Vehicle or Optional Accessories, including all related costs (see Chapter B, paragraph 12), to the extent DW, as described in Chapter B, paragraph 12, does not apply; provided, however, unless resulting from Owner's negligent, reckless or intentional acts.

    3. Limits on Use and Termination of Right to Use.
      1. Member agrees to the limitations on use of a Vehicle under the Program, which include, without limitation, the following:
        1. Vehicle shall not be driven by any person other than an Authorized Driver.
        2. Vehicle shall not be used in the transportation of persons or property for-hire.
        3. Vehicle shall not be used or operated: for any illegal purpose; in an illegal or reckless manner; in a race or speed contest; or to tow or push anything; or for the transportation of explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind or nature except as allowable under law.
        4. Vehicle shall not be driven by any person impaired by the use of alcohol, narcotics, intoxicants, or drugs, whether used with or without a prescription.
        5. Vehicle shall not be driven or taken outside of the Authorized Area of Operation and shall not be driven on an unpaved road or off-road unless approved in writing by Enterprise CarShare for such use.
        6. Vehicle shall not be used to carry passengers in excess of the number of seat belts provided by the Vehicle manufacturer.
        7. Member shall not remove or tamper with any items located in Vehicle, except those owned by Member or as authorized herein.
        8. Vehicle shall not be operated by anyone who has provided; a fictitious name; false address; false or invalid driver's license; whose driver's license becomes invalid any time after initial approval of membership; who has obtained the keys without permission of Enterprise CarShare; or who misrepresents or withholds facts to/from Enterprise CarShare that are material to the Car Share Program and/or the use or operation of Vehicle.
        9. Fuel card, if any, shall only be used to fuel Vehicle during Member's CarShare Period.
      2. In the event of any violation of the limits on use or any other provision of these Terms of Use Enterprise CarShare automatically, without any further notice to Member, may terminate Member's right to use the Vehicle, Member's membership and Enterprise CarShare retains any other rights and remedies provided by law, including but not limited to the right to seize Vehicle without legal process or notice to Member. Member hereby waives all claims for damages connected with such seizure, and shall pay all expenses incurred by Enterprise CarShare in returning Vehicle to Enterprise CarShare.
      3. If Member continues to operate Vehicle after the right to do so is terminated, Enterprise CarShare has the right to notify law enforcement authorities that Vehicle has been stolen. Member hereby releases and discharges Enterprise CarShare from and agrees to indemnify, defend and hold Enterprise CarShare harmless against any liability arising from such notice and repossession of the Vehicle.
    1. Accidents. Member agrees to operate Vehicle while exercising caution and care at all times. Any accident, regardless of circumstance or degree of seriousness, must be immediately reported to Enterprise CarShare and Member shall fully cooperate with Enterprise CarShare or its insurer or claim representative(s) in the investigation and resolution of any claims arising during the Car Share Period. Failure to immediately report any accident and/or cooperate in any investigation and resolution, as set forth herein, may result in additional Charges or Fees being due from Member and/or termination of 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, Member consents to Enterprise CarShare or its representatives retrieving and using such data from the EDR. REFER TO THE MEMBER GUIDE AND FAQS FOR WHAT TO DO IN CASE OF AN ACCIDENT.
    2. Damage to, Loss 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 outlined in paragraph B.12, Member accepts responsibility for damage to, loss or theft of, Vehicle, Optional Accessories or any part or accessory occurring during the Carshare period regardless of fault or negligence of Member or any other person or act of God, provided, however, unless resulting from Owner's negligent, reckless or intentional acts. Member shall pay Enterprise CarShare the amount necessary to repair Vehicle. Member shall not have Vehicle repaired without permission from Enterprise CarShare. If Vehicle is stolen and not recovered or Enterprise CarShare determines Vehicle is salvage, Member shall pay Enterprise CarShare the fair market value less any sale proceeds of Vehicle immediately preceding the loss. Member is responsible for all towing, storage or impound fees, and other costs incurred by Enterprise CarShare to recover Vehicle and to establish damages. Member agrees to pay a sum for loss of use, regardless of fleet utilization, calculated as follows:
      1. if Enterprise CarShare 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 Member for the Car Share period, multiplied by 8.
      2. if Vehicle is stolen and not recovered or Enterprise CarShare determines 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 Member for the Car Share period, multiplied by 8.
      3. Member also agrees 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 $499.99.

          See Paragraph B.12 for information on Optional Damage Waiver. See Chapter C for additional state- specific information on Member responsibility for damage to, loss of, or theft of Vehicle.
    3. Responsibility to Third Parties. See Chapter C for additional state-specific information on Member responsibility for third party losses.
      Enterprise CarShare complies with applicable motor vehicle financial responsibility laws as a state certified self-insurer, bondholder, insured or cash depositor. If Member is in compliance with these Terms of Use, Enterprise CarShare shall provide liability protection on a non-contributory basis to any insurance coverage applicable to Member for any and all third party claims and/or liabilities arising out of the use or operation of the Vehicle by the Member up to and including the following amounts:
      1. For rentals to Members who are 21 years old or older, only in which the Authorized Driver is in compliance with the Terms of Use of the Enterprise CarShare Car Sharing Program, Enterprise CarShare shall extend liability protection on a non-contributory basis to any insurance coverage applicable to Member 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 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, Enterprise CarShare's financial responsibility shall 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 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 Enterprise CarShare does not extend any of its motor vehicle financial responsibility or provide insurance coverage to Authorized Drivers, passengers or third parties through these Terms of Use. 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 Enterprise CarShare extends none of its motor vehicle financial responsibility. However, if Authorized Driver is in compliance with the Terms of Use, 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 (MFR) limits required by law.
      3. Unless required by law, Enterprise CarShare's financial responsibility shall 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 shall 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.
    4. 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 THE MEMBER ACCEPTS SLP ON THEIR 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 MEMBER'S EXISTING COVERAGE.

      SLP Benefits
      : Optional Supplemental Liability Protection (SLP) provides Member with minimum financial responsibility limits (at no charge to Member) 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 Member and any Authorized Driver as defined herein 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 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:
      For all exclusions, see the Policy. Here are a few key exclusions:
      1. Loss arising out of an accident which occurs while Member or Authorized Driver is under the influence of alcohol or drugs, or other substances unless prescribed by a physician;
      2. Loss arising out of bodily injury or property damage sustained by Member or Authorized Driver or any relative or family member of Member or Authorized Driver who resides in the same household;
      3. Loss arising out of the operation of Vehicle by any driver who is not Member or Authorized Driver;
      4. Unless required by law, liability arising out of or benefits payable under any uninsured or underinsured motorist law, in any state;
      5. 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. 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 Member or Authorized Driver;
      7. Property damage to property transported or in the care, custody or control of Member or Authorized Driver;
      8. Damage to Vehicle;
      9. Liability arising out of the use of Vehicle, which was obtained based on false, misleading or fraudulent information;
      10. Loss arising out of the use of Vehicle when such use is otherwise in violation of the terms and conditions of the this Agreement.
      11. For the purposes of paragraph as well as Section B, paragraph 8, and notwithstanding anything to the contrary herein, the following shall apply:
        1. The term Member shall correspond with the term Rentee as defined in the Policy;
        2. The term Terms Of Use shall correspond with the term Rental Agreement as defined in the Policy;
        3. The term Reservation Number shall correspond with 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 Member. Member shall 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 in any manner from the Enterprise CarShare Car Share Program and based upon Member's non-compliance with these Terms of Use, or from the use of Vehicle by Member or any person, including claims of, or liabilities to, third parties. Member may present a claim to Member's insurance carrier for such events or losses; but in any event, Member shall 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 of Use. REFER TO CHAPTER B PARAGRAPHS 6, 7, and 12 for limitations on Member indemnification.
    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, Member expressly selects such protection in the minimum limits with the maximum deductible and expressly waives and rejects 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 or theft of, any personal property, whether the damage or theft occurs during or after termination of the Car Share Period regardless of fault or negligence, provided, however, unless resulting from Owner's negligent, reckless or intentional acts. Member acknowledges and agrees that no bailment is or shall be created upon Enterprise CarShare, whether actual, constructive or otherwise, for any such personal property carried, placed or left in a Vehicle.
    4. Third Party Proceeds. If a third party, including, without limitation, an insurance company, authorizes payment of any amount owed by Member hereunder, Member hereby assigns to Enterprise CarShare Member's right to receive such payment. Only those amounts actually paid by a third party to Enterprise CarShare shall reduce the amount owed by Member hereunder.
    5. Damage Responsibility And Optional Damage Waiver (DW)(may also be referred to as Collision Damage Waiver (CDW) or Loss Damage Waiver (LDW).
      See Chapter C for important state-specific disclosures that may change or affect the following terms.
      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 Members of responsibility above the retained responsibility, if any, for physical damage or loss to the Vehicle during the Car Share Period regardless of cause. Should a vehicle be damaged or lost as a result of member or an authorized driver using or operating the Vehicle in a manner as set forth in section 12(b)(i-xv) below, Member shall 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 Member has purchased Optional DW, as described below.
      1. If offered, Member may purchase DW from Enterprise CarShare for an additional fee prior to the beginning of the Car Share Period. If Member purchases DW, Enterprise CarShare agrees, notwithstanding any laws to the contrary and subject to the actions that invalidate DW listed below, to contractually waive Member's 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, Member has coverage or protection for such damage or theft and the amount of Member's deductible or out-of-pocket risk.
      2. 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 Member will be responsible for ALL damages if Vehicle is damaged when used or driven:
        1. by any person other than an Authorized Driver
        2. by any person if there is reasonable evidence the driver was impaired by the use of alcohol, narcotics, intoxicants, or drugs, used with or without a prescription;
        3. by any person 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 an Authorized Area of Operation;
        7. under authority of any driver's license that is suspended, revoked, invalid or does not belong to the driver;
        8. to transport persons or property for hire;
        9. in a wanton or reckless manner or if Vehicle is deliberately damaged;
        10. on an unpaved road or off road;
        11. to transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind; or
        12. if Member misrepresents facts to Enterprise CarShare pertaining to 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 Member fails or refuses to provide Enterprise CarShare, police, or other authorities with a full report of any accident or vandalism involving Vehicle or otherwise fails to cooperate with Enterprise CarShare, police, or other authorities in the investigation of any accident or vandalism; or
        15. if Vehicle is stolen and Member fails to do any of the following:
          1. establish that the ignition keys furnished by owner were not in the vehicle at the time of 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.
          4. Ensure the vehicles ignition is turned off at the time the vehicle is stolen
      3. In those circumstances where exclusions apply, DW is void and Member accepts responsibility for all damage to, loss or theft of, Vehicle or any part of accessory regardless of fault or negligence of Member or any other person or act of God, as set forth in paragraph B.5 above.
    6. 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 Members 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 the Member regarding the delivery and return of the Vehicle. It is important that the Member identify himself/herself as a "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. Members with disabilities who do not have a driver's license can still rent with Enterprise CarShare when accompanied by a surrogate driver who maintains a valid driver's license. 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.
    7. 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 Rental Period and/or may be deactivated automatically and without warning or notice. Member acknowledges that such systems utilize wireless technology to transmit data and, therefore, privacy cannot be guaranteed and is specifically disclaimed by Member. Member authorizes any person's use or disclosure of or access to
      1. 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.

        Member shall inform any and all Authorized Driver(s) and passengers of the terms of this section and that Member has authorized use, disclosure or access as provided for herein. Member releases Enterprise CarShare and agrees to indemnify, defend and hold harmless Enterprise CarShare, operator of the Telematics System, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation Member, an Authorized Driver(s) and passengers) or property caused by failure of the telematics system to operate properly or otherwise arising from the use of the Telematics System by Member, an Authorized 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 onstar.com), which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information, and user responsibilities. By signing this Agreement, Member authorizes the provision of such telematics services in accordance with, and agrees to be bound by, the Telematics Terms. Third party service providers are not agents, employees, or contractors of Enterprise CarShare.
    8. MANDATORY ARBITRATION AGREEMENT: MEMBER AND ENTERPRISE CARSHARE EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. MEMBER 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. MEMBER 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 Member may bring against Enterprise CarShare's employees, agents, affiliates or representatives; and all claims that Enterprise CarShare my bring against Member. 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 Member 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 Member 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.
      2. 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. The parties 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.
      3. Arbitration Costs: Member will be responsible for his/her share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees Member would incur if the claims were filed in court. Enterprise CarShare will be responsible for all Authorized Driver arbitration fees. Member is responsible for all other costs/fees that it incurs in arbitration, e.g., fees for attorneys, expert witnesses, etc. Member will not be required to reimburse Enterprise CarShare for any fees unless the arbitrator finds that the substance of Member's 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.
      4. 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.
    9. Release of Information to/from Third Parties. Member agrees Enterprise CarShare may, and Member expressly authorizes Enterprise CarShare, to provide information in Enterprise CarShare's possession about Member and AAD(s), including but not limited to such driver's name, address, cellular/mobile and other phone numbers, driver's license and/or credit/debit card information to applicable authorities or other third parties, in connection with this Agreement including, without limitation, providing Member's personal data to third parties which conduct services on Enterprise CarShare's behalf (such as consumer satisfaction surveys) and consent to Enterprise CarShare or Enterprise CarShare's representatives contacting Member.
  3. LOCATION/STATE SPECIFIC DISCLOSURES, NOTICES AND TERMS AND CONDITIONS FOR RESERVATIONS OCCURRING THE FOLLOWING STATES AND PROVINCES:
    • California
    • Colorado
    • District of Columbia
    • Hawaii
    • Illinois
    • Maryland
    • Massachusetts
    • New Jersey
    • New York
    • Pennsylvania
    • Texas
    • Utah
    • Virginia

    Member acknowledges that Member has received, read, understands and agrees to the following county, state or location specific disclosures, notices and terms and conditions. Member is advised to review this paragraph before renting or operating Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, Member's obligations set forth in Chapters A or B above. In the event of a direct conflict between Chapters A or B of this Agreement and this Chapter C, this Chapter C will govern.

    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 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, Member accepts responsibility and shall pay Enterprise CarShare, on demand, for: (a) All collision damage to Vehicle even if someone else caused it or the cause is unknown. Member is 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 Member or AAD(s) fails to exercise ordinary care of Vehicle during the Carshare period. Member is responsible for the cost of repair up to the fair market value of Vehicle. (c) The first $500 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. Member shall pay Enterprise CarShare the amount necessary to repair Vehicle or Optional Accessories. If Member is responsible for damages as outlined above, and if Member returns Vehicle during nonbusiness hours or to any place other than the agreed upon location, damages as outlined above occurring prior to an employee of Enterprise CarShare checking in Vehicle is Member's 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, Member shall pay Enterprise CarShare the replacement cost of the Optional Accessories. Member shall not have Vehicle repaired without permission from Enterprise CarShare.

    CIVIL CODE SECTION 1936 NOTICE ABOUT MEMBER'S 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.
    Member is responsible for all collision damage to Vehicle even if someone else caused it or the cause is unknown. Member is responsible for the cost of repair up to the fair market value of Vehicle, administrative fees, towing, storage and impound fees. Member is responsible for the first $500 of vandalism that is not a direct result of the actual theft of Vehicle. Member will be responsible for theft of Vehicle or damages resulting from the theft of Vehicle if Member or Authorized Driver(s) fails to exercise ordinary care of Vehicle during the Carshare period. Member's own insurance, or the issuer of the credit card used to pay for the car rental transaction, may cover all or part of Member's financial responsibility for Vehicle. Member should check with Member's insurance company, or credit card issuer, to find out about Member's coverage and the amount of the deductible, if any, for which Member may be liable. Further, if Member uses a credit card that provides coverage for Member's potential liability, Member should check with the issuer to determine if Member must first exhaust the coverage limits of Member's own insurance before the credit card coverage applies. Enterprise CarShare will not hold Member responsible if Enterprise CarShare offers and Member purchases Collision Damage Waiver. Collision Damage Waiver will not protect Member 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 and 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 Member or 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 AAD (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 shall 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 shall be properly seated in an installed infant, convertible (toddler) or booster child safety seat, according to the manufacturer's instructions. A booster seat shall 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

Members shall 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 the Member's Enterprise CarShare Car Share Period, on or before any deadlines imposed. In the event Member fails to make payments directly to such entities before applicable deadlines, Member consents to the Owner, its affiliates or a third party to pay without advance notice thereof, acknowledges that such payment may prejudice Member's ability to contest such fines, costs, tolls and violations with the applicable authority. Member also consents Owner may provide Member's information necessary to applicable authorities and/or third parties to process payment and/or transfer liability to the Member for any such Fines, Tolls and Violations, and may assess a fee of up to $25 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 ILLINOIS

B.12 above is amended to read:

Damage Responsibility And Optional Collision Damage Waiver (CDW). CDW IS NOT INSURANCE. THE PURCHASE OF CDW IS NOT REQUIRED IN ORDER TO RENT A VEHICLE. Member may purchase optional Collision Damage Waiver (CDW) from Enterprise CarShare for an additional fee. If Member purchases CDW, Enterprise CarShare agrees, subject to the actions that void CDW listed below, to contractually waive Member's responsibility for all of 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, CDW does not apply to lost or damaged keys, key fobs, transponders or Optional Accessories. CDW does not apply to damage occurring 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, 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. CDW will be voided for one or more of the following reasons:

  1. Damage or loss while the rental vehicle is used to carry persons or property for a charge or fee.
  2. Damage or loss during an organized or agreed upon racing or speed contest or demonstration or pushing or pulling activity in which the rental vehicle is actively involved.
  3. Damage or loss that could be reasonably expected from an intentional or criminal act of the driver other than a traffic infraction.
  4. Damage or loss to any rental vehicle resulting from any auto business operation, including but not limited to repairing, servicing, testing, washing, parking, storing, or selling of automobiles.
  5. Damage or loss occurring to a rental vehicle if the rental contract is based on fraudulent or material misrepresentation by the renter.
  6. Damage or loss arising out of the use of the rental vehicle outside the continental United States when such use is specifically prohibited in the rental agreement.
  7. Damage or loss occurring while the rental vehicle is operated by a driver not permitted under the rental agreement.
  8. Damage or loss occurring while the rental vehicle is operated by a driver under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof and convicted of violating subsection (a) of Section 11-501 of the Illinois Vehicle Code.

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, Member 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 Member will have no Retained Responsibility, again subject to the exclusions below. Retained responsibility amount(s): $1000.00, including associated costs, per occurrence, unless Member has purchased Optional DW, as described below.

Member may purchase optional DW from Enterprise CarShare for an additional fee prior to the beginning of the Car Share Period. If Member purchases DW, Enterprise CarShare agrees, notwithstanding state laws to the contrary and subject to the actions that invalidate DW listed below, to contractually waive Member's 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 Member 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 Member's 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 the Member's retained responsibility limit or where exclusions apply, Member accepts responsibility for damage to, loss of, or theft of the vehicle or any accessory regardless of fault or negligence of Member or any other person or act of God. Member shall pay Enterprise CarShare the amount necessary to repair the vehicle. Member shall not have the vehicle repaired without written permission from Enterprise CarShare. If the vehicle is stolen and not recovered or Enterprise CarShare determines that the vehicle is salvage, Member shall pay Enterprise CarShare the fair market value less any sale proceeds. Damages for which Member is also responsible include but are not limited to: loss of use, claim administrative fees (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 Enterprise CarShare 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 Member. 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, Member shall pay Enterprise CarShare, 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 Enterprise CarShare's negligent, reckless or intentional acts. The foregoing shall not release Owner 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, Member accepts 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 Member or any other person or act of God, provided, however, unless resulting from Enterprise CarShare's negligent, reckless or intentional acts. The foregoing shall not release Enterprise CarShare from any implied warranty of fitness applicable under New Jersey law. Member shall pay Enterprise CarShare the amount necessary to repair Vehicle. Member shall not have Vehicle repaired without permission from Enterprise CarShare. If Vehicle is stolen and not recovered or Enterprise CarShare determines Vehicle is salvage, Member shall pay Enterprise CarShare the fair market value less any sale proceeds, subject to the retained responsibility amount outlined herein. For purposes of these Terms of Use, fair market value shall be the retail value of Vehicle immediately preceding the loss. Member is responsible for all towing, storage or impound fees, and other costs incurred by Enterprise CarShare to recover Vehicle and to establish damages. Member agrees to pay a sum for loss of use, regardless of fleet utilization, calculated as follows:

  1. if Enterprise CarShare 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 member for the Car Share period, multiplied by 8.
  2. if Vehicle is stolen and not recovered or Enterprise CarShare determines 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 member for the Car Share period, multiplied by 8.

  3. Member also agrees 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. Member is responsible for supplying a child safety seat or renting one from Owner. (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, Enterprise CarShare is not responsible for any damage to, loss or theft of Member's 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 Enterprise CarShare's negligent or reckless acts. The foregoing shall not release Enterprise CarShare from any implied warranty of fitness applicable under New Jersey law.

For CarShare Member rentals originating in New Jersey, Responsibility to Third Parties. The financial responsibility of Owner 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 owners financial responsibility provided by Owner 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 Owner is required to make any liability payment, the Owner's share of any bodily injury and property damage claims or payments is the proportion that Owner's minimum financial responsibility limits bears to the total of all applicable limits. Member agrees to defend, indemnify, and hold Owner harmless from any claims, liabilities, costs, and expenses arising from Member's use, operation or possession of the rental vehicle. Owner's financial responsibility shall not extend to liability imposed or assumed by anyone under any worker's compensation act, plan or contract.

For CarShare Member Rentals originating in New Jersey Indemnification by Renter. Member shall defend, indemnify and hold Owner harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner 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. Member may present a claim to Member's insurance carrier for such events or losses; but in any event, Member shall have final responsibility to Owner for all such losses. This obligation may be limited if Member purchases optional DW and/or optional SLP.

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 Member or Additional Drivers and if Enterprise CarShare is liable under applicable law for such breach or Vehicle failure, Enterprise CarShare's sole liability to Member and Additional Drivers and Member's and Additional Drivers' sole remedy is limited to the substitution of another similar Vehicle by Enterprise CarShare to Member and to recovery by Member of the pro rata daily rental rate for the period in which Member or Additional Drivers did not have use of Vehicle or substitute Vehicle. MEMBER AND ADDITIONAL DRIVERS WAIVE ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO MEMBER OR ADDITIONAL DRIVERS. SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO MEMBER OR ADDITIONAL DRIVERS. The foregoing does not waive Member's and/or Additional Driver's claims in New Jersey based upon personal injuries that result from Enterprise CarShare's negligent, reckless or intentional acts, and does not release Enterprise CarShare from any implied warranty of fitness applicable under New Jersey law. Member 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. Member releases 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; provided, however, that the foregoing shall not apply if such access or use is the result of Owner's 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: 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. Member accepts 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 Member 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. Member also accepts responsibility for loss of Vehicle due to theft occurring during the Rental Period if it is established Member or AAD(s) failed to exercise reasonable care, or aided or abetted in the commission of the theft of Vehicle. Member shall provide notice to Owner or appropriate law enforcement agency within twelve hours of learning of the theft of Vehicle. Member is not responsible for normal wear and tear except in the case of abuse or neglect. The total liability of Member for which Member agrees to pay Owner for damage to, loss or theft of, Vehicle shall not exceed the lesser of: the actual and reasonable costs that the Owner incurred to repair Vehicle or that the Owner would have incurred if the Vehicle had been repaired, which shall reflect any discounts, price reductions, or adjustments available to the Owner; or if Owner 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 Member is also responsible include but are not limited to: towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages. If Optional Accessories are not returned Member shall pay owner 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 Member, any damage to Vehicle or Optional Accessories, or loss or theft of Optional Accessories, occurring prior to an employee of Owner checking in and inspecting Vehicle is Member's responsibility. Owner will not hold member liable for any amounts that are recovered from any other party or for damages incurred by Owner for the loss of use of Vehicle and related administrative fees. Upon the request of Member, Owner shall submit any claims to Member's insurance carrier and will negotiate with Member's 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 Member liable for damages sustained to Vehicle. EXCEPT where the damaged Vehicle is deemed to be a total loss and subject to salvage, Member or his or her insurer has 72 hours from the return of Vehicle to notify Owner that he/she wishes to inspect the damaged Vehicle. The inspection must be completed within 7 business days of the return date of Vehicle. If Member or his/her insurer does not request this inspection within the 72-hour period, Member or his/her insurer will be deemed to have waived this right. If Owner determined 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 Member's receipt of an incident report form and notice from Owner. Upon request of Member or his/her insurer, Owner 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 Owner's estimate of the costs of repairing the damaged Vehicle. Twenty days prior to commencing an action against Member, Owner will provide Member 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 Member provides Owner 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. Member's 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 Member 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:. Enterprise CarShare purchases no third-party insurance covering this rental, but provides its Members 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, Enterprise CarShare will defend the Member 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. Owner's Financial Responsibility, Unless Law Requires, Does Not Extend to: (a) Injuries to the Member, driver, or passengers while riding in, alighting from, entering or on Vehicle. (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 Vehicle is used as a commercial vehicle or for a commercial purpose. (d) Any property owned or rented by or in the care of the Member. (e) Any bodily injury that is caused intentionally by or at the direction of the Member or Authorized Driver(s). (f) Any bodily injury to an employee of Member or Authorized Driver(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 the Member or Authorized Driver(s) in the business of selling, repairing, servicing, storing or parking of vehicles. .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 Enterprise CarShare 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.

Member may purchase optional Collision Damage Waiver (CDW) from Owner for an additional fee. If Member purchases CDW, Owner agrees, subject to the actions that invalidate CDW listed below, to contractually waive member's 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 Member Rentals originating in New York. Owner's Financial Responsibility, Unless Law Requires, Does Not Extend to: (a) Injuries to the Member, driver, or passengers while riding in, alighting from, entering or on rent (a) Injuries to the Member, 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 the Member. (e) Any bodily injury that is caused intentionally by or at the direction of the Member or AAD(s). (f) Any bodily injury to an employee of Member 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 the Member 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 Member Rentals originating in New York Indemnification by Renter. Renter's Indemnity Provision: Member shall defend, indemnify, and hold Owner or its affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner or its 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 Owner or its affiliate(s) by the applicable motor vehicle financial responsibility laws of the State in which this agreement of rental was executed. Member agrees to present a claim to their insurance carrier for all such expenses. If Member has no insurance to cover such events or losses, Member agrees to pay Owner or its affiliate(s) for such losses. Member agrees to further indemnify and hold Owner or its 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 Owner or its affiliate(s) arising from the Member's use, operation or possession of the rented vehicle or Optional Accessories. SEE PARAGRAPH B18 FOR INFORMATION ON OPTIONAL SUPPLEMENTAL LIABILITY.

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 Member is 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.

Enterprise CarShare offers "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 Enterprise CarShare at info@enterprisecarshare.com for cash qualification requirements or visit http://www.enterprisecarshare.com/nyc-policies/cash- equivalent/.

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
  2. Any other higher Automobile Liability limits (other than "Supplemental Rental Liability Insurance") which are provided by the "Rental Agreement" or have been pre-arranged 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.

I. COVERAGE AGREEMENTS

A. 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.

B. This is excess insurance and only applies to those coverages for which underlying limits of liability are shown on the Declarations of this policy.

C. 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.

D. 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.

E. 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.

II. COVERAGE PERIOD

A. 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.

III. WHO IS AN INSURED

A. "Insured" means:

1. A "Renter" who has:

a. Entered into the referenced "Rental Agreement" with the "Rental Agency" shown in the Declarations; and

b. Elected under the "Rental Agreement" to purchase optional "Supplemental Rental Liability Insurance"; and

c. 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, A.1.a., b., and c. above.

B. "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".

 

 

IV. LIMIT OF INSURANCE

A. 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.

B. 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.

V. EXCLUSIONS

 

This insurance does not apply to:

A. Expected or Intended Injury - "Bodily Injury" or "property damage" expected or intended from the standpoint of an "Insured".

B. 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.

C. 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.

D. 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.

E. 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.

F. 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:

a. Being transported or towed by, handled, or handled for movement into, onto or from, the covered auto:

b. Otherwise in the course of transit by or on behalf of an "Insured"; or

c. 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". EM 00 89-D NY

 

 

G. 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.

H. 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.

I. Liability for "Damage" to the "Rental Vehicle".

J. "Loss" or "Damage" intentionally caused by an "Insured".

K. Liability arising out of the use of a "Rental Vehicle" which was obtained through a "Rental Agreement" based on fraudulent information.

L. Punitive or exemplary damages.

M. "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.

N. 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.

O. Loss" arising out of uninsured or underinsured motorists coverage.

P. "Loss" arising out of the operation of a "Rental Vehicle" by a driver who is not an "Insured".

Q. "Loss" arising out of "bodily injury" or "property damage" sustained by the spouse of the operator of the "Rental Vehicle".

VI. 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.

VII. CONDITIONS

A. 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.

B. Premium: The premium for this policy shall be as stated in the Declarations.

C. 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.

D. 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.

E. 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.

F. Notice of Suit: Notice to the "Rental Agency", "Agent" or to us is notice to us.

G. 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.

H. Other Insurance: When you are covered by insurance other than this policy and the "Underlying Insurance", that other insurance is excess.

I. 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:

a. We will notify the "Insured", in writing, as soon as possible, that:

i. Such limit has actually been used up; and

ii. Our duty to defend suits seeking damages subject to that limit has also ended.

b. 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.

c. 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 2.b. above. The duty of the "Insured" to reimburse us will begin on:

 

 

a. The date we sent notice in accordance with Paragraph 1. above; or

b. The date on which we sent notice in accordance with Paragraph 2.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.

J. 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.

VIII. DEFINITIONS

A. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage".

B. "Agent" means an employee of the "Rental Agency" authorized and licensed to rent cars and sell this insurance.

C. "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".

D. "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.

E. "Insured" means the person or organization qualifying as an insured in Section III. Who Is An Insured.

F. "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.

G. "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.

H. "Property Damage" and "Damage" mean destruction of or loss of use of tangible property.

I. "Rental Agency" means the company that owns and rents or leases the "Rental Vehicle".

J. "Rental Agreement" means the rental contract by which the "Rental Agent" rents or leases the "Rental Vehicle".

K. "Rental Vehicle" means the motor vehicle rented or leased by a "Renter" from the "Rental Agent".

L. "Renter" means the person or organization shown on the "Rental Agreement" as renting or leasing a motor vehicle from the "Rental Agency".

M. "Supplemental Rental Liability Insurance" means optional liability insurance elected by a "Renter" at the origin of a "Rental Agreement".

N. "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 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 (Member's/driver's vehicle) is primary, and any liability coverage Enterprise CarShare provides on vehicle is secondary.

 

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.

  1. 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:
    1. the cost of damage to Vehicle; or
    2. the loss or theft of Vehicle or any part or accessory; or
    3. 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.
  2. When deciding whether or not to buy DW, I may want to check with my insurance company or credit card company to find out:
    1. whether I already have coverage or protection if Vehicle is damaged or stolen, and
    2. the amount of my deductible or out-of-pocket responsibility if Vehicle is damaged or stolen.
  3. Damage Waiver Invalidation: DW will be invalidated and will not apply if any of the following should happen:
    1. 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
    2. 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
    3. If any of Vehicle's interior components are stolen or damaged when Vehicle is unlocked or its keys are not secured; or
    4. 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 Your responsibility 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 Members of responsibility above the retained responsibility, if any, for physical damage or loss to the Vehicle during the Car Share Period regardless of cause. Should a vehicle be damaged or lost as a result of member or an Authorized Driver using or operating the Vehicle in a manner as set forth in section (b)(i-vii) below, Member shall 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 Member has purchased Optional DW, as described below.

  1. If offered, Member may purchase DW from Enterprise CarShare for an additional fee prior to the beginning of the Car Share Period. If Member purchases DW, Enterprise CarShare agrees, notwithstanding any laws to the contrary and subject to the actions that invalidate DW listed below, to contractually waive Member's 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, Member has coverage or protection for such damage or theft and the amount of Member's 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 Member 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 arise 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 the Renter;
    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 MEMBER'S EXISTING COVERAGE.

Supplemental Liability Protection (where available)

Optional Supplemental Liability Protection (SLP) provides the Member 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 the Member and 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 the Member or 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 a Member or Authorized Driver or family member of the Member or Authorized Driver who resides in the same household; (d) loss arising out of the operation of the rental vehicle by any driver who is not a Member or 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 the Member or Authorized Drivers; (f) property damage to property transported or in the care, custody or control of the Member or 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 Member to prosecution for theft punishable by the maximum penalties under Utah state law.

"MEMBER'S OWN MOTOR VEHICLE INSURANCE OR HIS 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.

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