a. "AUTHORIZED DRIVER" means the Member, and with the Member's permission, Member's spouse who meets the minimum age, license and other Enterprise CarShare requirements.
b. "AUTHORIZED STATE" means the geographic boundaries of the State where the Vehicle is located at the initiation of the Car Share Period and any bordering state, but under no circumstances shall mean any location outside of the United States.
d. "MEMBER" means the person or entity identified on this Application as Member and who also meets the minimum age, license and other Enterprise CarShare requirements.
e. "Enterprise CarShare" means the local Enterprise affiliated entity, and its successors and assigns, responsible for locally administering the Enterprise CarShare Car Sharing Program.
g. "CAR SHARE PERIOD" means the period between the time Member takes possession or should have taken possession of Vehicle and the time the Member should have returned Vehicle to the designated Car Share location and secures the Vehicle as required by Enterprise CarShare.
h. "VEHICLE" means the Vehicle reserved by Member or any replacement vehicle(s) as may be provided by Enterprise CarShare.
i. "SPONSOR" means any organization which provides Member authorization, access to and support for Member's use or access to the Enterprise CarShare Car Sharing Program.
j. "PERSONAL CAR SHARE PERIOD" means the period between the time Member takes possession or should have taken possession of Vehicle for use not approved by Sponsor and the time the Member should have returned Vehicle to the designated Car Share location and secures the Vehicle as required by Enterprise CarShare.
k. "BUSINESS USE CAR SHARE PERIOD" means the period between the time Member takes possession or should have taken possession of Vehicle for use approved by Sponsor and the time the Member should have returned Vehicle to the designated Car Share location and secures the Vehicle as required by Enterprise CarShare.
l. "MONTHLY USE PLAN" means an amount, agreed upon by Member in writing, paid to Enterprise CarShare on a monthly basis, in return for specified amount of use and Charges incurred by Member of the Enterprise CarShare Car Sharing Program.
2. Ownership/Vehicle Condition/Warranty Exclusion. Member acknowledges that Vehicle is, by ownership, beneficial interest or lease, property of Enterprise CarShare, even if owned, registered or titled to third party. MEMBER IS RECEIVING VEHICLE "AS IS" AND MEMBER AGREES TO INSPECT VEHICLE AND REPORT ANY DAMAGE BEFORE INITIATING OPERATION OF VEHICLE UNDER THE PROCEDURES SET ON THE MEMBER POLICY PAGE. ENTERPRISE CARSHARE EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Member shall not alter the Vehicle's condition in any way. Member agrees to return Vehicle to its designated parking spot 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. 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 Renter to prosecution for theft punishable by the maximum penalties under Utah state law.
3. Payment(s) by Member. Member shall pay Enterprise CarShare, on demand, the following and any applicable taxes and Fees:
a. The Charges incurred for the Member's Car Share Period or Member's Monthly Use Plan, if applicable. All such Charges shall be as calculated and billed to Member by Enterprise CarShare. Hourly Charges, exclusive of penalties or other fees set forth herein, for a single day's use shall not exceed the cost of a single day Charge.
b. The Mileage Charge per mile for all miles exceeding any free miles offered to Member for the Car Share Period.
c. Other Charges (Refer to the Member Policy Page for further explanation of Charges and fees below):
- Application and Membership Fee up to but not exceeding $25.00 and $50.00, respectively.
- Late Fee of up to $50.00 plus any additional hourly Charges Member may incur for extending reservation or returning Vehicle after reservation period.\
- Additional Charges and Fees of up to $50.00 plus costs to accommodate the next member needing that Vehicle (e.g. taxi fare) in the event of Member's late delivery of Vehicle.
- Failure to Refuel Fee of up to $25.00 for Members who return Vehicle with less than a 1/4 of a tank of gas.
- Cancellation Fee - If a Member cancels or shortens a reservation less than 3 hours before the start of the reservation, a Cancellation Fee of the lesser of 3 hours or the actual reservation time plus applicable taxes and fees may be charged. If a Member shortens a trip after the start of the reservation, a Cancellation Fee of the lesser of 3 hours or the remaining reservation time plus applicable taxes and fees may be charged.
- Failure to return ignition key fob to holder in glove box and lock Vehicle with membership card at the end of the car share period up to $50.00.
- Wrong location/Vehicle Recovery Fee of up to $50.00 plus costs incurred (e.g. tow, ticket, retrieval) for Member's return of the Vehicle to any location other than the original assigned parking space.
- No Reservation fee for Member taking a Vehicle without a reservation up to $50.00, plus hourly Charges incurred.
- Smoking Fee of up to $50.00, plus cost of cleaning.
- Pet Occupancy Fee of up to $50.00, plus costs of cleaning for any damage to a Vehicle caused by, or otherwise resulting from, an animal being in the Vehicle.
- Missing Ignition Key Fee of up to $50.00 plus the cost of Replacement.
- Missing parking permit/pass up to $50.00.
- Missing fuel card up to $50.00.
- Failure to turn off lights resulting in a dead battery up to $50.
- Failure to close windows or return seats to upright position up to $50.
- Replacement Membership Card Fee of up to $10.00.
- Declined credit card charge up to $25.00.
- Manual Driver License Verification up to $10.00 when automated verification fails as result of Member's failure to update account information.
- Ticket and Citation Administrative Fees of up to $25.00 per parking ticket or other non-moving or moving violation (not due to the mechanical condition of the Vehicle) and Members are responsible for resolution (including re-payment to Enterprise CarShare where applicable) of all parking tickets and all or other violations and citations and toll charges incurred during Member's Car Share Period. Member shall be charged an administrative charge in the amount of ten percent (10%) of all toll charges incurred during the Car Share Period and not paid by Member when incurred.
- Members will be charged a Towing Fee of up to $50.00 plus towing costs and Vehicle Recovery Fees if the Vehicle is towed while parked illegally.
- Roadside service call required as a result of member error or negligence up to $50.
- Unauthorized Driver Fee of up to $250, plus Charges in the amount of all fines, damages and repair costs incurred by Enterprise CarShare that are occasioned by the unauthorized driver's operation of the Vehicle. Refer to Paragraph 13 for further Member responsibility in this regard.
- Failure to report damage, accident, theft, low fuel, pet hair, evidence of smoking in vehicle up to $50.00, in addition to other applicable Charges and Fees.
- Unauthorized contact with or modification to vehicle or car sharing technology up to $250.00 plus other Charges in the amount of all fines, damages and repair costs incurred by Enterprise CarShare that are occasioned by the unauthorized tampering of the Vehicle or technology.
- Failure to return membership card to Enterprise CarShare upon account closed up to $25.00
d. All amounts paid by Member under Member's Monthly Use Plan, if any, may be first applied by Enterprise CarShare to accrued Charges and Fees as set forth above, prior to being applied or credited to any Charges yet to be incurred by Member for use of the Vehicle during Member's Car Share Period.
e. Member agrees that Enterprise CarShare shall, for all Charges and amounts incurred during Member's Car Share Period and for any amounts as specified in Member's Monthly Use Plan, and shall have full authorization to, charge and collect any and all Charges owed by Member, including but not limited to any balances and other amounts in any form owed by Member against Member's credit card on file with Enterprise CarShare. Member shall maintain a valid credit card on file with Enterprise CarShare at all times during Member's membership.
4. Limits on Use and Termination of Right to Use.
a. Member agrees to the limitations on use of a Vehicle under the Program, which include, without limitation, the following:
1) Vehicle shall not be driven by any person other than an Authorized Driver.
2) Vehicle shall not be used in the transportation of persons or property for-hire.
3) Vehicle shall not be used or operated: for any illegal purpose; in an illegal or reckless manner; in a race or speed contest; or to tow or push anything; or for the transportation of explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind or nature except as allowable under law.
4) Vehicle shall not be driven by any person impaired by the use of alcohol, narcotics, intoxicants, or drugs, whether used with or without a prescription.
5) Vehicle shall not be driven or taken outside of the Authorized State(s) and shall not be driven on an unpaved road or off-road unless approved in writing by Enterprise CarShare for such use.
6) Vehicle shall not be used to carry passengers in excess of the number of seat belts provided by the Vehicle manufacturer.
7) Member shall not remove any items located in Vehicle, except those owned by Member or as authorized herein.
8) Vehicle shall not be operated by anyone who has provided; a fictitious name; false address; false or invalid driver's license; whose driver's license becomes invalid any time after initial approval of membership; who has obtained the keys without permission of Enterprise CarShare; or who misrepresents or withholds facts to/from Enterprise CarShare that are material to the Car Share Program and/or the use or operation of Vehicle.
c. If Member continues to operate Vehicle after the right to do so is terminated, Enterprise CarShare has the right to notify law enforcement authorities that Vehicle has been stolen. Member hereby releases and discharges Enterprise CarShare from and agrees to indemnify, defend and hold Enterprise CarShare harmless against any liability arising from such notice and repossession of the Vehicle.
5. Accidents. Member agrees to operate Vehicle while exercising caution and care at all times. Any accident, regardless of circumstance or degree of seriousness, must be immediately reported to Enterprise CarShare and Member shall fully cooperate with Enterprise CarShare or its insurer or claims handler(s) in the investigation and resolution of any claims arising during the Car Share Period. Failure to immediately report any accident and/or cooperate in any investigation and resolution, as set forth herein, may result in additional Charges or Fees being due from Member and/or termination of Member's membership. 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 POLICY PAGE AND FAQS FOR WHAT TO DO IN CASE OF AN ACCIDENT
If a potential Authorized Driver is between 18-20 years of age, he or she shall provide to Enterprise CarShare a fully executed copy of, Authorized Driver's parent or guardian's Parent/Guardian Acknowledgment Form, a copy of which is accessible firstname.lastname@example.org and will be provided upon request to Enterprise CarShare.
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.
7. Optional Supplemental Liability Protection.
THE PURCHASE OF SUPPLEMENTAL LIABILITY PROTECTION 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 SLP POLICY. UPON REQUEST, A COPY OF THE POLICY IS AVAILABLE FOR REVIEW. 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.
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 and the Member Policy Page. The Policy does not provide coverage for any loss arising from the use or operation of Vehicle in Mexico.
For all exclusions, see the Policy. Here are a few key exclusions:
For the purposes of this section 7, and notwithstanding anything to the contrary herein, the following shall apply:
(i) The term Member shall correspond with the term Rentee as defined in the Policy;
(iii) The term Reservation Number shall correspond with the term Rental Agreement Number as defined in the Policy
Report SLP Claims to:
P.O. Box 94950
Cleveland, OH 44101-4950
Phone: 888-515-3132 Fax: 216-617-2928
9. Personal Property. Enterprise CarShare is not responsible for any damage to, loss or theft of, any personal property, whether the damage or theft occurs during or after termination of the Car Share Period regardless of fault or negligence. Member acknowledges and agrees that no bailment is or shall be created upon Enterprise CarShare, whether actual, constructive or otherwise, for any such personal property carried, placed or left in a Vehicle.
10. 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.
11 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.
12. 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.
13. Damage Responsibility. 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 sections a - e 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): $500.00, including associated costs, per occurrence, unless Member has purchased Optional Damage Waiver, as described below.
EXCLUSIONS: Relief from damage responsibility does not apply, and Member will be responsible for ALL damages, if:
a. The damage is caused intentionally or as a result of willful and wanton misconduct an Authorized Driver.
b. the damage arises out of the operation of Vehicle by an Authorized Driver while intoxicated or under the influence of any illegal or unauthorized drug or prescribed medication which should not be taken during operation of a Vehicle;
c. Any transaction for a Car Share Period is based on fraudulent information supplied by Member;
d. The damage arises out of the use of Vehicle by an Authorized Driver while committing or otherwise engaged in a criminal act in which the vehicle usage is related to the nature of the criminal activity;
e. The damage arises out of the use of Vehicle to carry any person or property for hire;
f. The damage occurs while the Vehicle is operated by a person other than an Authorized Driver;
g. The damage arises from the use of Vehicle outside the Authorized State(s);
h. The damage arises from towing or pushing anything;
i. The damage arises from the operation of Vehicle on an unpaved road;
j. The damage or loss of Vehicle is due to theft of Vehicle during the Car Share Period. However, Member shall have no liability for any loss above the retained responsibility limit due to theft if:
i. Member has possession of the original ignition key furnished by Enterprise CarShare
ii. Member notifies Enterprise CarShare of the incident and files an official report to the theft with the police or other law enforcement agency within 24 hours of learning of the theft, and
iii. Member cooperates fully with Enterprise CarShare, police and other authorities in all matters connected with the investigation of the theft.
OPTIONAL DAMAGE WAIVER: DAMAGE WAIVER IS NOT INSURANCE. THE PURCHASE OF DAMAGE WAIVER IS OPTIONAL AND IS NOT REQUIRED IN ORDER TO RENT A VEHICLE. Member may purchase Damage Waiver (DW) from Enterprise CarShare for an additional fee. If Member purchases DW, Enterprise CarShare agrees, subject to the actions that invalidate DW listed below, to contractually waive Member's damage 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, DW does not apply to lost keys, key fobs, transponders or Optional Accessories, or any liability imposed by law. DW does not apply to damage occurring in Mexico. When deciding whether or not to purchase DW, you may wish to check with your insurance representative or credit card company to determine whether, in the event of damage to, or theft of, Vehicle, you have coverage or protection for such damage or theft and the amount of your deductible or out-of-pocket risk.
THE FOLLOWING SHALL INVALIDATE DW:
a. 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 State
(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
b. if Member misrepresents facts to Enterprise CarShare pertaining to rental, use, or operation of Vehicle; or
c. 'if Vehicle's interior components are stolen or damaged when Vehicle is unlocked or keys are not secured; or
d. 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.
e. if Vehicle is stolen and Member fails to do any of the following:
(1) return the original ignition keys and Enterprise CarShare's key tag identifying Vehicle;
(2) file a police report within 24 hours after discovering the theft;
(3) cooperate fully with Enterprise CarShare, police and other authorities in all matters connected with the investigation of the theft.
In those circumstances where exclusions apply, DW is void, or within the Member's retained responsibility limit, Member accepts responsibility for damage to, loss or theft of, Vehicle or any part of accessory regardless of fault or negligence of Member or any other person or act of God. Member shall pay Enterprise CarShare the amount necessary to repair Vehicle. Member shall not have Vehicle repaired without written permission from Enterprise CarShare. If Vehicle is stolen and not recovered or Enterprise CarShare determines Vehicle is salvage, Member shall pay Enterprise CarShare the fair market value less any sale proceeds. Damages for which Member is also responsible include but are not limited to: loss of use, claim administrative fees, diminishment of value, towing, storage or impound fees, and other costs incurred by Enterprise CarShare to recover Vehicle and to establish damage amounts.
RENTER'S OWN MOTOR VEHICLE INSURANCE OR HIS CREDIT CARD AGREEMENT MAY COVER ANY DAMAGE OR LOSS TO THE RENTAL VEHICLE.
14. Mobility Devices: Mobility devices, including left hand controls with spinner knobs, left foot accelerators and pedal extenders, are available at no additional Charge to Member. Due to the unique nature of Enterprise CarShare's services and the fact that mobility devices require installation, Members must contact a Enterprise CarShare service representative by phone, available 24 hours a day, at 1-877-493-2270 to make a reservation. Please indicate to the representative that Member's status as a "Enterprise CarShare Member" in order to receive the appropriate information. Enterprise CarShare requires a minimum of forty-eight (48) hours advanced notice to reserve a Vehicle with mobility devices. Please note mobility device-equipped Vehicles may be provided by an affiliate of Enterprise CarShare and Enterprise Holdings, Inc. A Enterprise CarShare or Enterprise representative will make arrangements for delivery and return of the Vehicle. All other Enterprise CarShare terms and conditions may apply to rentals equipped with mobility devices.
17. Release of Information to/from Third Parties. Member agrees Enterprise CarShare may, and Member expressly authorizes Enterprise CarShare to, provide information in Enterprise CarShare's possession about Member, including but not limited to such driver's name, address and driver's license information to: applicable authorities, where solicited; and/or applicable authorities or other third parties, in connection with Enterprise CarShare's enforcement of its rights under the Agreement. If applicable, Member authorizes Enterprise CarShare to verify and/or obtain through one or more credit agencies or other sources Member's driver licensure status, personal credit and/or insurance information in order to confirm Member's eligibility for the Enterprise CarShare Car Share Program and/or Car Sharing Period.
18. Choice of Law. All items and conditions of the Agreement shall be interpreted, construed and enforced pursuant to the law of the State where the Vehicle is located at the initiation of the Car Share Period.
19. Qualifications. Member must place reservation in advance through the designated website as stated in on the Member Policy Page and FAQ's. Member must meet the Enterprise CarShare normal driver and other qualifications as stated in on the Member Policy Page and FAQ's. In submitting this Application, Member certifies that Member is (i) of the requisite minimum age; and (ii) the holder of a valid driver's license which is not suspended, confiscated, revoked, expired or otherwise invalid; or (iii) can provide up to two (2) surrogate driver(s) that otherwise qualifies for (i) and (ii) above. If at any time Member's driver's license is suspended, confiscated, revoked or expired or there is a change in its status, Member must immediately notify Enterprise CarShare and Member will not be authorized to operate or reserve any Enterprise CarShare Vehicle unless so authorized by Enterprise CarShare.
21. Termination without Cause. Member may terminate the Member's membership without cause at any time by providing written notice to Enterprise CarShare. Enterprise CarShare may terminate Member's membership without cause upon no less than fifteen (15) days advance written notice. Notwithstanding any termination, Member will remain liable for all Charges and Fees, including account balances and any damages and penalties, incurred as of the date of termination or upon later discovery by Enterprise CarShare after such termination. Enterprise CarShare will refund to Member any amounts paid in advance to Enterprise CarShare by or on behalf of Member which are not otherwise needed to satisfy outstanding Charges or Fees, as set forth herein.
CONSENT TO DRIVING RECORDS CHECK
Such validity checks shall be performed upon (i) receipt of Member's Application and prior to membership approval, (ii) the annual anniversary of Member's Enterprise CarShare Car Sharing Program initial membership date and (iii) upon Member's drivers license expiration date.
Any discrepancies discovered concerning the validity of Member's driver's license could result in Member's suspension or elimination from the Enterprise CarShare Car Sharing Program.