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Scheduling of Drive Dates:
Unless previously authorized by Manager in writing, drive dates shall
be no less than five (5) full days to include Fri., Sat., & Sun. (e.g.,
deliver Wed., return or pick up Mon.; deliver Thurs., pick-up or return
Tues.; and, for scheduling flexibility possibly delivery on Tues.
with a pick up Mon., for 1 extra day upon prior arrangement with Manager).
All calendar coordination and scheduling shall be performed by Manager.
Drive times shall be allocated in the month accordingly: 1st Fri,
Sat, Sun in the month, 2nd Fri, Sat, Sun in the month, 3rd, 4th. Once
a member has agreed on a specific time (based on availability), Manager
shall reserve that specific time in the month and assign it to the
Member every month for a year.
Because Members' drive dates are scheduled for the entire year in
advance, there should be no scheduling issues at any time. Every member
should know exactly which days in the month are theirs.
Drive Date Swapping Policy: Extreme Car Share will make reasonable
efforts to maintain flexibility in allowing Members to swap drive
dates, with the following stipulations: All schedule swaps must be
made at least one week in advance of the first drive date to be swapped.
Members may not swap a swap. Both Members are required to pay monthly
fees according to original terms of the agreement. Important: Because
of the precise scheduling of the program, there can be absolutely
no swapping amongst Members without the program Manager's prior written
consent. Contact the Manager to request swapping drive dates with
another Member.
Fleet Composition and Availability of Vehicle Types: Manager
shall make reasonable efforts to replace any Company vehicle that
needs replacement (for example, due to an accident, theft, etc.) with
a rental vehicle of equal or greater value vehicle, which may or may
not be the identical manufacturer and/or model of vehicle being replaced.
Manager will make reasonable efforts to replace fleet vehicles with
similar types, makes or models, or with similar appointments and performance.
All replacement of Company vehicles is subject to market conditions.
Manager reserves the right to add or substitute different vehicle
types to Rental Company's fleet to meet fluctuating market demands,
in accordance with reasonable prior notice to Members. Access to new
automobile types will be provided at Manager's reasonable discretion,
with Members holding longer membership terms having preferential access
to new Company vehicles.
Vehicle Guarantee: If Extreme Car Share is unable to deliver
a vehicle for a scheduled drive date, Extreme Car Share will return
your monthly payment for that date and also credit you an additional
$2,195.00 (i.e., the following month's drive date shall be without
charge). It is Extreme Car Share utmost priority to fulfill all scheduled
drive dates.
VEHICLE CHECK-OUT AND RETURN PROCEDURES.
Delivery and Return of Vehicles: Vehicles will be delivered
clean, with detailing and one (1) full tank of gas. Manager reserves
the right to garage fleet vehicles at its reasonable business discretion,
including at the personal residences of Company officers or employees.
At program launch, delivery and pick-up of vehicles will be temporarily
provided by Extreme Car Share at no cost to Members.
All delivery arrangements must be confirmed at least 24 hours in advance
in order to guarantee on-time service. Any changes to delivery times
with less than 24 hours notice shall be subject to additional trip
charges. Delivery and pick-up shall take place at Member's place of
residence only, which must match the address on the driver's license
of record on the account.
At Manager's discretion, vehicles may be stored, garaged or maintained
at any facility of its choosing. If Manager provides a vehicle base
or facility for central pick up and delivery, complimentary delivery
and pick up services will be suspended at Manager's discretion, and
Members will be required to pick up and return vehicles at the designated
facility during office hours.
Holiday Hours May Vary: Please call Manager to confirm hours
of operation.
Damage Deposit: A currently valid credit card authorization
of $4,000.00 on an active account will be required before receiving
any ECS fleet vehicle. No cash deposits will be allowed. This is only
an authorization and not a charge. Any damage found on the vehicle
upon return will be billed against this authorization. The applicable
credit card must be in the Member's name. Debit cards cannot be accepted.
Pre-Delivery Inspection. Member is responsible for all damages discovered
by the Company on the vehicles return. Members must ensure that any
noticeable damages have been properly reported to Extreme Car Share
before they accept any vehicle.
Vehicle Return Procedures: Members must provide ample time
to return rented vehicles. Member acknowledges and agrees that Company
has the right to inspect and accept rented vehicles before their return
to the company's rental inventory, and that the rental term shall
not end until the vehicle is returned to inventory for use by another
Member.
The vehicle is expected to be returned in the same condition as delivered
to the member. Normal wear and tear is expected. Abnormal or extraordinary
wear and tear, including damage to upholstery and interior appointments,
is not acceptable. The vehicle should be checked for damage at the
time of return both by you and Extreme Car Share. If there is damage,
you may be required to fill out a damage report. Make sure to take
a copy of the damage report with you for any insurance and/or credit
card reimbursement procedures. If special cleaning is required for
whatever reason, a separate charge will be made directly to the Member
to cover the cost of any cleaning and/or repair work required.
Pet Hair, Dirt, and Odor: Members shall not carry dogs, cats
or other pets in Company vehicles. All floor, seating or other upholstery
used to transport pets must be adequately covered by appropriate,
stain-free materials. If vehicles are returned with animal hair, filth
and/or odor, Member shall be charged an additional minimum charge
of $100.00 for cleaning and deodorizing the vehicle.
Items Removed from Vehicles: Vehicles will be returned as they
were equipped when released from Company inventory. Members shall
be responsible for the full cost of replacement (new for old, without
any allowance for depreciation) of any vehicle accessories or other
equipment which is found missing on return. Without limitation to
the generality of the foregoing, vehicles equipped with GPS navigation
use a navigation DVD supplied with the vehicle. If the vehicle is
returned without the navigation DVD Member will be charged for a replacement
DVD, in a minimum amount of $340.00. DO NOT REMOVE THE NAVIGATION
DVD FROM THE SPECIAL DVD PLAYER.
Failure to Timely Return Vehicle/Vehicle Guarantee Amount:
Vehicles must be available for pick up the same time they are delivered
(for example, vehicles checked out on Wednesday at 10:00 a.m. must
be delivered the next Monday at or before 10:00 a.m.). Failure to
return vehicles at the appointed time may result in additional charges
of not less than $2,195.00 (the "Vehicle Guarantee Amount"), and shall
be a breach or default of the Membership Agreement. A second such
breach will result in revocation of all Membership privileges without
refund.
Member agrees that the harm resulting to Company from failure to return
Extreme Car Share vehicles as required may result in immediate damage
to the Company and other Members, including the necessity of paying
the Vehicle Guarantee to other Members, and/or securing substitute
vehicles for Members' use, the costs of which may be impractical or
difficult to ascertain, and that the Vehicle Guarantee Amount is therefore
a reasonable measure of Company's damages, and an agreed upon liquidated
damages provision, and not a penalty.
Early Return of Vehicle: Member acknowledges that Extreme Car
Share will not refund any monies, nor have any obligation to provide
a replacement vehicle, if the vehicle is returned by the member prior
to the scheduled return date for any reason.
Payment Policies: Payments may be made by check (payable to
Extreme Car Share), cash, or credit card. Cash payments should not
be sent through the mail. Membership fees are non-refundable and non-transferable.
Monthly membership payments are by mail only and due three weeks prior
to your scheduled drive date. In order for your payment by mail to
arrive by the payment due date, allow five working days for mail delivery.
Drivers Licensing: Members must have a valid driver's license
in their possession at all times in order to rent a vehicle or commence
a drive date. No copies or faxed licenses will be accepted at any
time. The original license must be presented, must be in the name
of the Member and any other authorized driver, and must be valid for
the entire drive date period. Learner's permits will not be accepted.
Valid temporary licenses will be accepted on prior written notice
to and approval by Manager. Expired licenses will not be accepted
under any circumstances.
Driving Record: Members must maintain a good driving record
at all times during the term of the Membership Agreement, and shall
have no serious delinquencies on their Equifax report at any time
within 180 days prior to a drive date. Member agrees to maintain a
good driving record. All Members may be subject to a driving record
and/or license check with the DMV at any time.
If any Member's driving record reveals any infractions or violations
at any time, including without limitation any of those specified in
the Membership Application as allowing rejection or termination of
Membership, Extreme Car Share reserves the right to require additional
deposits or payments to reflect increased program costs, such as insurance
premium increases or incidental administrative or overhead expenses,
such as legal fees. At Manager's discretion, the Company may terminate
the Membership Agreement (for example and not by way of limitation,
if the Member is deemed uninsurable), and all enrollment and other
fees paid to the date of termination will be forfeited and no refund
will be given.
If Manager notifies a Member of a required payment, Member may either
(a) provide us with the amount requested or (b) cancel Membership
within 7 days following the date of the notice. In such event, the
Cancellation Fee will be waived.
Additional Drivers: Membership in Extreme Car Share is personal,
and cannot be assigned or delegated in any manner without Manager's
prior written approval. No additional drivers are permitted. Violation
shall be deemed a breach of contract. If any Member permits another
person to operate vehicle while in their care and vehicle is damaged
or involved in an accident of any kind, the Member will be held PERSONALLY
LIABLE for any resulting damages of any kind.
Upon special prior written agreement with Manager, corporate or family
memberships will be permitted; however, Membership privileges are
granted to the individual member only (for individual memberships)
or to the company only (for company memberships) and may not be assigned
or transferred to any other individual or entity. All drivers must
be approved by Extreme Car Share and its insurance carrier, and Manager
reserves the right to require an individual guarantor who will be
100% responsible for the family or corporate account.
In the event Manager allows any form of joint membership, such Membership
shall be joint and several, and all parties/applicants shall be bound
by Membership policies, terms and conditions. Any Company correspondence
and/or notices will be mailed to the primary applicant at the address
listed in the application. ALL APPLICANTS FOR JOINT MEMBERSHIP SHALL
BE JOINTLY AND SEVERALLY RESPONSIBLE FOR ANY AND ALL MEMBERSHIP FEES
OR OTHER COMPANY CHARGES. It shall be the co-Members' responsibility
to inform Manager how drive dates are to be allocated amongst the
co-Members at the time of enrollment, and all co-Members shall indemnify
and hold Company harmless from any failure to agree on such allocations
amongst themselves at any time.
Adherence to Laws and Safe Driving Practices: Members agree
to abide by all federal, state & local laws, as well as all speed
limits, driving restrictions, parking restrictions and traffic laws.
Extreme Car Share does not in any way sanction the exceeding of posted
speed limits, the use of radar, laser or other speed measuring device
detectors, or driving in a dangerous or careless manner. Membership/usage
privileges are contingent on Member's obedience to this policy.
Members should always consider safety to be their top priority. They
should also always extend the utmost courtesy and tolerance to other
drivers and appropriately represent all the Members of the Extreme
Car Share program.
Tickets/Fines: Members are responsible for all parking, traffic,
speeding or other tickets or violations issued while Company vehicles
are in their custody, care and control, and Members shall pay any
and all associated fees, penalties, towing charges, or impound costs
related to infractions or violations.
In California, parking meters and painted curbs are in operation and
are closely monitored 24 hours a day by the authorities. Citations
and fines are expensive; to avoid them, be sure to read all parking
signs carefully before parking the vehicle.
Use of Alcohol or Other Drugs: Because Extreme Car Share takes
the privilege of driving seriously, under no circumstances will the
consumption of alcohol or other drugs, whether prior to or while driving,
be tolerated. Driving while under the influence of alcohol or drugs
is a serious offense in California. A person is considered legally
drunk when his or her blood alcohol level reaches .08%, which may
or may not be the level at which an individual considers himself intoxicated.
NO DRINKING AND DRIVING WILL BE PERMITTED.
Seat Belts/Safety Devices: California state law requires that
when you are traveling in a motor vehicle, the driver and all passengers
must wear their seat belts at all times. Children weighing less than
50 pounds must be secured in a child safety seat, in the rear passenger
seats. SOME EXTREME CAR SHARE VEHICLES MAY NOT BE SUITABLE FOR TRANSPORTING
CHILDREN. IF THEY ARE, MEMBERS MUST PROVIDE THEIR OWN CHILD SAFETY
SEATS, OR GIVE MANAGER AT LEAST 72 HOURS NOTICE OF THEIR PRIOR NOTICE
OF THEIR NEED FOR ONE.
Terminating Membership or Rental, and Repossession of Vehicles:
Member acknowledges that Manager may terminate this Agreement and/or
repossess Company vehicles (and for that purpose enter upon any premises
to remove the Vehicle) at any time, without notification to the Member,
and that the member will pay the reasonable costs of repossessing
the Vehicle, including towing charges, if:
- Member is in breach of any term of this Agreement
- Member has obtained the vehicle through fraud or misrepresentation
- the vehicle appears to be abandoned
- the vehicle is not returned on the agreed return date or Manager
reasonably believes that the vehicle will not be returned on the
agreed return date
- Manager considers, on reasonable grounds, that the safety of
the passengers or the condition of the vehicle is endangered
Member understands that in the event of such termination or repossession,
Member shall have no right to a refund of any part of the enrollment
fee or monthly fees paid for drive time used to the date of repossession.
Loss or Damage to Company Vehicles: Member shall be absolutely
liable for any loss or damage to Extreme Car Share vehicles which
are in their care, custody and/or control, even if someone else caused
it, or the cause is unknown, whether due to theft, fire, hail, flood,
collision, vandalism, or any other cause, subject to limitations imposed
by the law where the vehicle is rented. This liability will not exceed
the full value of the vehicle, plus:
- Actual towing and storage charges
- Loss of use
- Diminution in value, regardless of whether the vehicle is repaired
or not
- All rental charges through the date Member reports the incident
if not returnable or the return date, whichever is later
- Any out-of-pocket expenses incurred by Manager as a result
of the loss or damage to the vehicle
- A reasonable administrative fee
- Pro-rata license plate fees, all as allowed by law
Third Party Liability Claims: Members shall be primarily responsible
for all third party claims of personal injury, including death, and/or
property damage in any way related to the use or operation of Extreme
Car Share vehicles while they are under Member's care, custody, or
control.
Accident Response Procedures: If Member is involved in an accident
involving a Company vehicle, Member shall follow these procedures.
First, seek medical attention if injured. If possible, keep a log
or record of all injuries incurred, and all witnesses, responding
law enforcement officers. EMT or medical personnel. If uninjured and
still at the scene of the accident Members must:
- Obtain the names and addresses of third parties and any witnesses
- Report the accident to police, regardless of estimated damage
costs
- Not accept blame or insist other party is at fault
- Photograph damage to all vehicle(s) and record all applicable
registration number(s), participant names, insurance information,
and other details
- Promptly contact Manager with all relevant accident details
- Contact Member's auto insurance company in accordance with the
insurer's procedures, with all relevant information on the incident
At the Extreme Car Share office the Member must:
- Produce their Drivers License, primary insurance policy and
provide the police report (if applicable) and any supporting photographs
- Assist Manager in clearly and accurately completing any applicable
Department of Motor Vehicle accident reports, including execution
of any and all necessary affidavits or attestations
Damaged/Stolen Vehicle Response Procedures: If a vehicle is
stolen or damaged as a result of criminal activity, first call the
local police or an appropriate law enforcement agency. Next, promptly
notify Manager at 877-ECS-6888 and follow Company procedures for incident
response. Finally, call your own auto insurance company with information
on the incident.
If the incident has occurred despite Member's use of the vehicle in
accordance with all applicable terms and conditions of the Membership
Agreement, Extreme Car Share will, at its sole option, either refund
that portion of unusable drive time (pro-rated against actual time
used) or replace your drive time for an open weekend, including without
limitation a month including a 5th unscheduled weekend. Program Safety
Precautions. Members should at all times operate Company vehicles
in accordance with the following common sense safety precautions.
- Before driving, be sure you know the route to your destination.
If you must ask directions, ask a police officer, or find a well-lighted
public place. Stay out of high crime areas, even if it means going
out of your way.
- Do not stop on the roadway or shoulder and do not get out of
your car, if any of the following situations occur:
- Your vehicle is bumped from behind
- Another motorist advises you of problems with your vehicle
- Your car is malfunctioning
- Someone on the roadside needs assistance
- If any of these situations occur, drive to the nearest well-lighted
public place to notify the proper authorities and to request
assistance. In most areas, dial 911 for the police.
- Do not stop for flashing white lights. Lights on emergency
vehicles in the U.S. are red and blue.
- If you are threatened with a gun or knife, give up your car
immediately and report the incident to police and Manager as provided
herein.
- Keep doors and windows locked and keep your valuables locked
in the trunk or glove compartment. Do not carry large amounts
of cash. Do not pick up hitchhikers.
- Always park in well-lighted areas. If stopping to buy gas,
use a pay phone or use an automatic teller machine (ATM), choose
well-lighted, busy locations.
- If possible, avoid using an ATM at night.
- Never leave your car unattended with the engine running.
- When walking toward a parked car, be aware of your surroundings
and check the interior of the vehicle before unlocking doors.
Have your keys in hand and ready when approaching your vehicle.
- Don't be your own worst enemy... buckle up!
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