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7.3  Jump start. The following is not exhaustive and other specific fees, costs and charges may apply. Further, an arbitrator’s award and any judgment confirming it shall apply only to that specific case and cannot be used in any other case except to enforce the award itself. If the Member's license is suspended or revoked or becomes invalid, if the Member has any further endorsements or accidents on their driving record or if the Member is convicted of or receives a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, the Member agrees to report such suspension, revocation, changes, conviction or citation to Zipcar promptly. Members 21 years of age or older who joined the membership between March 1, 2015 and July 31, 2018, and who are permitted to drive under this Contract, will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the authorized driver and/or the Member up to limits of $100,000/$300,000/$25,000 per accident. Only properly licensed active Zipcar Members in good standing are allowed to drive Zipcar vehicles. Any attempt to transfer this Contract without the written consent of Zipcar shall be void and of no force and effect. By purchasing an optional DFW, a Member can reduce or eliminate the applicable Damage Fee. Monthly DFWs may be opted-out of at any time from a Member's account page or by calling 1-866-4ZIPCAR. play. Members are billed for amounts due via credit or debit card or other means as established by Zipcar. Minimum financial responsibility limits vary by jurisdiction. Zipcar may immediately suspend or terminate the use of its service by any Member for a violation of any of these Rules. Zipcar reserves the right to request additional information, such as a copy of a passport or proof of address at any time. Attention: Legal Department It is strictly forbidden to provide a jump start to any vehicle other than a Zipcar vehicle. Before purchasing a DFW, you should check to see if you already have rental vehicle collision coverage through your credit card or personal automobile insurance policy that would apply to and cover the Damage Fee. 5.2 Damage Fee Waivers: Zipcar offers for purchase, at the option of the Member, Damage Fee Waivers or DFWs. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. Except as otherwise provided in section 9.8 of this dispute resolution provision, in the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, you and Zipcar agree to arbitrate all disputes and claims, including the interpretation and scope of this provision, and the arbitrability of the dispute or claim. Smart moves, wouldn’t you say? Before purchasing a DFW, you should check to see if you already have rental vehicle collision coverage through your credit card or personal automobile insurance policy that would apply to and cover the Damage Fee. d. For annual or monthly waivers, the DFW is limited to the period stated at the time of purchase; after which, if you elect not to renew or repurchase or cancel a DFW, you will be once again responsible for the full Damage Fee. We will give notice of material changes to Members. If your driving/membership plan includes an annual or monthly fee, your initial membership fee will be charged to you within five days of membership approval, regardless of whether you activate your Zipcard, and will only be refundable if you terminate your membership within the first thirty (30) days following membership approval. You must advise Zipcar immediately if you fail to leave the key/fob/starting device, fuel card or parking pass (if applicable) in the vehicle. f. Learn about Zipcar university membership rates and plans. Any waiver by Zipcar of any covenant, condition, or agreement to be performed by the Member shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. A DFW applies only to the Zipcar vehicles reserved by the Member purchasing the DFW and does not apply to Associate Members or use of Zipcar vehicles which were reserved by another member. b.The license plate numbers of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate's number (with name, address and phone number of the insurance agent); This Contract is a vehicle-sharing service subscription contract between Zipcar and the Member. Under no circumstances will Zipcar be responsible for any overdraft or other fees charged by a Member's credit card company or bank. d. For a reservation 8 hours or longer, if you shorten the reservation less than 24 hours before it is scheduled to start, you will be obligated to pay for actual usage plus a cancellation or change fee equal to the remaining portion of the original reservation, with the cancellation/change fee capped at one daily rate (a portion of which may appear on your invoice as a cancellation or change fee and a portion of which may appear as usage fees). For reservations originating in New York State: In the event a Zipcar vehicle reserved from a location in New York State is damaged while it is reserved under the Member’s account, Zipcar will provide the Member with an incident report form, an estimate of the cost for repairing the vehicle, and the damage fee the Member is obligated to pay, if it is proven that the vehicle was damaged while it was reserved under the Member’s account, pursuant to the terms of this Contract. 10.7 Fees and Costs. Vehicle Pick-up and Return/Vehicle Condition/Stolen Vehicles/Belongings and Lost Property. Young Driver Fees. You may review your total estimated reservation cost before you confirm your reservation. Texas A&M University-Kingsville launched a new agreement with Zipcar, the world’s leading car sharing network, to offer a Zipcar car sharing program on campus. Zipcar also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration. Zipcar offers five membership plans. Additional information about fees may be found in our Fee Policy. i.  driving a Zipcar vehicle from the US into Mexico or any use of a Zipcar vehicle in Mexico; If the law of a jurisdiction covering your reservation requires conditions on the DFW that are different than the terms of this Membership Contract, such as if your liability for ordinary negligence is limited by such law, that law prevails. Any active Zipcar Member in good standing who is authorized to operate a Zipcar vehicle under this Contract is, subject to the Member fulfilling their obligations as set out in this Contract, covered for third party bodily injury and for property damage costs relating to an accident in which the member was validly and legally operating a Zipcar vehicle and for which the Member may be legally liable. Members must carry their Zipcard when using Zipcar vehicles and use it or a smartphone to lock and unlock Zipcar vehicles. Zipcar's friendly site explains its "six simple rules" breezily, and they sound obvious. Unless we designate a different date for effectiveness, such changes will be effective when notice is given to Members and notice will be considered given when such notice is indicated and accessible from the first page accessed after the Member log-on, when it is provided by email to the Member's address on file with Zipcar, or it is provided via our website or other applicable form of communication such as by mobile application or text. 7.6  The Member shall be responsible for the costs related to the repair, recovery, and loss of use of any Zipcar vehicle and all third party injuries and property damages resulting from any of the foregoing, up to the current Damage Fee as set forth in the Rate Schedule (except to the extent a DFW has been purchased). 4. The term of this Contract shall continue until such time as membership is canceled in accordance with this Section 8. Additionally, the Member shall be responsible for and agrees to pay any legal fees, court costs or expenses associated with enforcing the terms of this Contract, whether upon termination or otherwise (including, without limitation, any costs relating to recovering any of the foregoing property or any amounts due and owing to Zipcar). Modification of this Provision. Notwithstanding any provision in these this Contract to the contrary, we agree that if Zipcar makes any material change to this arbitration provision, including the deletion of this provision, that change will not apply to any dispute that you had already provided Zipcar notice of in writing. In addition to the termination provisions set forth in Section 8.2 below, Zipcar may terminate this Contract at any time upon no less than thirty (30) days' notice to the Member, in which event Zipcar will, if applicable, refund a prorated portion of the Member's annual membership fee for the year of termination. Additional details about this coverage are available on our Help Center here, or on the reservation portal of our mobile app or website. Arbitration is more informal than a lawsuit. Where required by law, we provide Personal Injury Protection (PIP), or "no-fault" coverage, to the minimum level required by the jurisdiction in which the accident occurs, for injuries you may suffer in an accident. Charges for canceled or shortened reservations: 35 Thomson Place Members must ensure that they use the correct fuel when refueling the vehicle (gasoline or diesel). Before driving the vehicle, you must advise Zipcar of any damage or abnormality encountered on the vehicle or in the operation of the vehicle. Would you like to update your location. Any legal notices or communication required or permitted to be given to the Member shall be in writing and shall be sufficiently given if delivered by email or mailed to the Member at the email or postage address provided to Zipcar in the Member's completed application or as updated by the Member and on file with Zipcar. 4.2  Prior to taking possession of a vehicle, you must do an exterior walk-around and an interior look-over. Zipcar provides Roadside Assistance support as part of our service, and Members are typically required to stay with the vehicle. In addition, Zipcar may at any time require Members to demonstrate compliance with the licensing laws of their jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in their jurisdiction of residence. f.  in the carrying out of any crime or for any other illegal activity or purpose; In addition, even if approved for membership, a Member may be restricted from driving certain Zipcar vehicles at Zipcar’s sole discretion, or reasons including, but not limited to, the Member's driving or membership history or Zipcar’s service offerings. For an additional charge, eligible Zipcar Members (generally Members age 21 or over who have not had an accident in Zipcar vehicle involving property damage or any third party during the past 12 months, subject to applicable limitations and restrictions) have the option to purchase a DFW to cover part or all of the Member's Damage Fee, as defined above. Assistance animals are an exception to Zipcar's Rule requiring that pets be transported in locked pet carriers. Effective: October 5, 2020. Zipcar is the world's largest car sharing and car club service. Reserve cars by the hour or by the day. By applying for membership, each applicant authorizes Zipcar to obtain his/her driving records from the jurisdiction in which the applicant is licensed. 4.7  For electric powered vehicles, Members are also required to plug-in the vehicle to the vehicle's charging station at the end of the reservation. For clarification, any coverage provided under this Contract only applies when a Member in good standing is validly and legally operating a Zipcar vehicle. All Members are required to accept and comply with the terms and conditions set forth herein. In particular, if either you or Zipcar seek non-monetary relief, such relief must be individualized and may not affect individuals or entities other than you or Zipcar. You and Zipcar agree to seek only such relief—whether in the form of damages, an injunction, or other non-monetary relief—as is necessary to resolve any individual injury that either you or Zipcar have suffered or may suffer. Boston, MA 02210 Zipcar Members with disabilities have the option of opening a "household account" if their disabilities prevent them from driving and they wish to have another person drive for them. Schedule 4: Services for Members with Disabilities. If the Zipcar vehicle is available, a reservation may be extended in half-hour increments thereafter as provided in Section 3.2 below. Any unreasonable or inappropriate use of a Zipcar vehicle, as determined by Zipcar in its sole discretion, may be deemed a violation of these Rules. c. "Associate Member": Any approved Zipcar Member who is authorized by the First Member to use Zipcar's service under the terms of this Contract. • Fees and Costs. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial disputes from the American Arbitration Association (“AAA”). Where any of these coverages are required or implied by law, the limits shall be the minimum required under applicable statute. There is no agent reservation charge when you make, extend, update or cancel reservations yourself by website, smartphone or through our automated phone system (please note that an extension made through SMS service shall not be valid until the Member receives confirmation of the extension from Zipcar by SMS). We would like to introduce you to FoundersCard. Zipcar may assign this Contract to an affiliate or to another entity in connection with a corporate transaction or otherwise. by putting the wrong type of fuel in a vehicle); (2) have had your membership suspended or terminated by Zipcar; (3) fail to close and lock all windows, doors and trunk and the vehicle is stolen, damaged or vandalized; (4) fail to notify Zipcar immediately after an incident or loss; or (5) fail to pay any other amount due under this Contract. Please note there is a 3-month commitment period for the 'Plus' plan. For past due accounts, Zipcar may also change when payment is due and/or terminate the Member's account. Zipcar will not remotely unlock or lock a vehicle for a Member who has forgotten or lost his/her Zipcard. Smoking is absolutely prohibited in Zipcar vehicles. Annual and monthly DFWs typically renew automatically. Monthly payments associated with such plans are non-refundable and, for EVP and Wheel Deal Plans, the driving credit associated with the monthly fee expires at the end of each month if not used and may not be carried into future months. Other Products. This charge does not apply to (a) reservations of four consecutive days or more made in accordance with Section 3.1 above or (b) as provided in the Services for Disabled Members Schedule, if you are disabled and your disability prevents you from using the website, smartphone or the automated phone system, and you identify yourself as disabled. If you perform a jump start to the Zipcar vehicle, you must inform Zipcar immediately. 3.3  You will be charged a $3.50 agent reservation charge per call when a Zipcar member services representative makes, extends, updates or cancels a reservation for you. Faculty, and Members are billed for amounts due via credit or debit card may... 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