car2go: Terms and Conditions

Terms and Conditions

car2go offers car-sharing memberships to private individuals and authorized legal entities that have been pre-approved through an application process and registered as car2go Members. This Agreement is a contract and governs the relationships, rights, and obligations between car2go and the Member. A car2go Member must agree to the terms and conditions contained in this Agreement before reserving and using a car2go vehicle located in the United States.

Section 1 – Definitions

1.1 Agreement

This membership Terms and Conditions including its schedules, whether made available in print or electronically through car2go’s website.

1.2 Business Area

The area predefined by car2go as the exclusive area for commencement and termination of a Rental Period. A map of the current Business Area is available and displayed at www.car2go.com.

1.3 Driver

Any individual who is authorized to drive a car2go car-sharing vehicle under the terms of this Agreement as a Member or an authorized user with drive privileges at the expense of a Member.

1.4 Fixed Area of Operation

The predefined area including the city of Austin, Texas and a 200 mile radius outside Austin, Texas, but never including any area not within the United States.

1.5 Member

An individual approved through an application process and registered as an authorized car2go user and who has agreed to car2go membership Terms and Conditions and Rental Process.

1.6 Monthly Usage Statement

A summary of all fees assessed to a Member’s account by car2go, generated on a monthly basis, and made available at www.car2go.com.

1.7 Rules

All the rules of operation contained in this Agreement, its schedules, and periodic guidelines, rules, or restrictions issued by car2go from time to time.

1.8 Rental Period

The span of time beginning when a Member commences a trip pursuant to Section 5 below and ending when the trip is ended pursuant to Section 6 below.

1.9 Schedules

All the schedules to this Agreement, including the currently effective fee schedule.

Section 2 – Terms of Use

2.1

This Agreement is a car-sharing membership contract, but does not in itself confer any right to use car2go vehicles. Members may use car2go vehicles, to the extent available, in accordance with the terms of this Agreement and subject to associated fees.

2.2

car2go is the owner of any car2go membership cards, RFID chips,, or other Member identifying information or property issued to or used by Members during the term of this Agreement.

2.3

Satisfying eligibility criteria does not automatically give an applicant the right to become a car2go Member. Acceptance of the applicant’s membership is subject to approval by car2go in its sole discretion.

2.4

The Member represents and warrants to car2go that it has received these Terms and Conditions, the associated Rental Process, and all reasonable explanations concerning the content of the Agreements, including all schedules; and has carefully reviewed and accepted Member commitments and obligations there under.

Section 3 – Drive Authorization

3.1

The only persons who shall be authorized to drive car2go car-sharing vehicles are persons who:

are Members or authorized Drivers as defined in Section 1;
hold a valid driver’s license issued in a United States jurisdiction authorizing the holder to drive a passenger vehicle, and who meet all of the conditions, restrictions, or other requirements that may be contained therein;
are at least 22 years of age, unless otherwise agreed to by contract.
have a valid car2go Membership card in accordance with Section 5 herein;
are of sound mind and memory and have not used any drugs, imbibed any alcohol or taken any medication that could adversely affect their ability to drive (for alcohol, a zero-tolerance policy is adopted and a limit of 0.0% applies); and who
have selected a method of payment in the car2go internet portal and have registered the corresponding data or Drivers who are authorized to drive at the expense of a Member.

Should any Member’s driver’s license be revoked or lost, authorization to drive car2go vehicles shall expire immediately.

3.2

All Drivers are strictly prohibited from permitting third-parties, unauthorized by car2go (including another car2go Member), to drive car2go vehicles. Unauthorized third-parties include a third-party Member who is not the Driver of record for the Rental Period. For each violation of this prohibition, the Member hereby agrees to pay liquidated damages in the amount of $1,500 per violation. car2go reserves the right to claim further damages.

Section 4 – Means of Access

4.1

Members will have a car2go RFID chip embedded into a membership card issued by car2go. As a result, the Member is able to rent and access car2go vehicles subject to other requirements contained herein.

4.2

The car2go membership card and associated RFID chip remains the property of car2go. Removing the chip from the membership card will destroy its electronic function. Separating the chip in any way from the membership card is prohibited. Any violations of this provision shall result in the immediate revocation of drive authorization and Member or Driver status. The Member will also be excluded from the car2go car-sharing program.

4.3

Any use of information technology in an attempt to read, copy or manipulate the car2go RFID chip is strictly prohibited. Any violations of this provision shall result in the immediate revocation of drive authorization and Member status. The Member will also be excluded from the car2go car-sharing program. The Member shall bear the costs of any damage that may potentially result from such violation.

4.4

Drivers agree to immediately report the loss of his or her membership card to car2go (via the internet portal or by telephone to the Service Center), so that car2go can deactivate the RFID chip and prevent any improper use. The Member will be informed of such deactivation via e-mail to the e-mail address provided by the Member at the time of registration.

4.5

The Member shall be held liable for all fees for lost membership cards and damages resulting from loss of a membership card, including but not limited to, theft, damage, or improper use of a car2go vehicle.

4.6

Members agree to pay a fee, as determined by car2go, for the replacement of lost or damaged car2go RFID chips or membership cards assigned to the Member and/or the Member’s authorized Drivers. The fee is provided in the then current fee schedule.

Section 5 – Reservation and Commencement of Rental Period

5.1

Drivers may rent car2go vehicles spontaneously, without any previous reservation. Such spontaneous use is possible only for those car2go vehicles that are marked “available” as evidenced by a green status light and whose card reader displays a corresponding “available” notice.

5.2

car2go vehicles may be reserved, at the option of the Member, as early as twenty-four (24) hours and up to fifteen (15) minutes in advance. This advanced reservation may be made via the web portal or by telephone. car2go retains the right to refuse advance booking if the number of available car2go vehicles is not sufficient to fulfill all reservation requests. No more than five (5) reservations may be made for any twenty-four hour (24) period and all reservations must be separated by at least thirty (30) minutes. If car2go accepts the advanced reservation, the Driver will be informed via an instant text message (SMS), of the location of the reserved car2go vehicle 15 minutes prior to the reservation time. Members should note that cell phone providers may charge a fee for receiving text messages. Members should contact their cell phone providers for any fees associated with receipt of text messages. car2go is not responsible for any fees assessed by the Member’s or Driver’s cell phone provider for receipt of text messages.

5.3

Should a Member not make use of a vehicle reserved by advance booking, or should the reservation be cancelled less than fifteen (15) minutes before the rental is scheduled to commence, the Member may be charged a fee as set out in the then current fee schedule.

5.4

The Driver is under obligation to assess the car2go vehicle, prior to commencing any rental, for any visible defects, damages, or excessive soiling, and must notify car2go of any observed defects, damages, or problems to or with the vehicle itself or with any installed technology including car2go installed screens, pursuant to the car2go Rental Process. A telephone connection between the car2go vehicle and car2go service center will be established in order to ascertain the nature and seriousness of any reported defects, damages and/or soiling. The Driver is under obligation to make complete and truthful statements. The Service Center is entitled to prohibit the Driver from using the car2go vehicle if the reported defects, damages, or soiling is deemed a safety hazard.

5.5

The car2go service center is entitled to contact the car2go vehicle or the Member/Driver by telephone in the event of disruptions to the normal course of use (including but not limited to, failure to commence a trip within a 30-minute period after a Member rents a car2go vehicle; or if the car2go vehicle is parked for 15 minutes or more without having been locked), in order to establish the cause of the disruption to the normal course of use. The incoming call is indicated to the car2go vehicle Driver by visual and acoustic signals. The car2go Service Center is authorized to prohibit any continued use of the car2go vehicle and/or notify the appropriate authorities should it have cause to suspect behavior violating any laws or these Terms and Conditions of use.

5.6

The Rental Period is commenced as soon as the Driver holds the car2go RFID chip embedded in the membership card to the card reader installed in the windshield area, and the onboard computer has confirmed receipt of the information stored on the electronic key by unlocking the central locking system.

5.7

The term of the Rental Period shall end upon the termination of the rental by the Member with due care, in accordance with Section 6 below. During the Rental Period, use of a car2go vehicle outside a 200 mile radius of Austin, Texas city limits is prohibited. At no time should a car2go vehicle leave United States territory. If a vehicle is driven outside the Fixed Area of Operation, the Member and/or Driver will be personally responsible for costs associated with returning the vehicle to the Business Area, including, but not limited to, costs associated with vehicle repair, motor-vehicle accidents or collisions, and towing services. Member with continue to incur rental charges until vehicle is returned to the Business Area. At its sole discretion, car2go reserves the right to repossess any car2go vehicle operating outside the Fixed Area of Operation at anytime during or after the Rental Period has expired.

Section 6 – End of Rental Term

6.1

Should the Driver wish to end a rental, he / she is under obligation:

To park the car2go vehicle, at his/her choice, in a parking spot within an area designated and marked as a car2go car-sharing parking spot or in another parking space for passenger vehicles authorized by car2go. The Member will be personally responsible for any traffic, moving, or parking violation citations issued for failure to comply with traffic rules or other laws;
To ensure that the key, fuel card and, if applicable, parking card have been returned to holders in the car2go vehicle’s glove compartment;
To ensure that all windows and doors are fully closed and that all lights have been turned off, and
To ensure that no trash or soiling remains in the car2go vehicle.

6.2

The rental may be ended only if the car2go vehicle is located within the City of Austin. The exact boundaries are shown at all times on the website at www.car2go.com. Although vehicles may be driven up to 200 miles outside the City of Austin (Fixed Area of Operations), a rental may only be commenced and ended within the Business Area.

6.3

The rental may be ended only if, at the location at which the car2go vehicle is parked, a connection with a mobile phone can be established. Should this not be possible, the Driver will have to park the car2go vehicle at another car2go authorized location.

6.4

The end of the rental is initiated by the Driver holding his/her membership card with a valid car2go RFID chip to the car2go vehicle once again (card reader in the windshield area). The rental is ended only if the display unit of the card reader has correspondingly confirmed this. Should the Driver leave the car2go vehicle before receiving confirmation that the Rental Period has ended, the Driver shall continue to accrue costs at his or her own expense or at the expense of the applicable Member.

Section 7 – Settlement Account, Use Authorization Across Accounts

7.1

To enable the rent and use of the car2go vehicle, participating private individuals must:

have either selected a payment method on the internet portal and must have provided the corresponding data; or they must
have been authorized by a Member, with his or her own settlement account, to rent/use car2go vehicles at his or her expense.

7.2

Members authorizing Drivers to charge their rental to the Member’s settlement account shall be held liable for all fees and costs resulting from the Driver’s use, including charges and fees in accordance with the fee schedule referenced herein and available at www.car2go.com, as well as for any damages caused by the Driver. Members shall accept declarations and notices from car2go for authorized Drivers.

7.3

Members may select a fee model from the options offered by car2go. Rentals shall always be settled according to the fee model selected for the settlement account that is responsible for fees incurred (regardless of who initiated the rental).

Section 8 – Prices and Payments in Default

8.1

Member hereby enters into an obligation to pay the prices set out in the fee schedule referenced herein or the then current fee schedule, including any modifications made available at www.car2go.com. The fee structures and prices have been set out in the fee schedule and include reference to community and venue taxes applicable in certain jurisdictions. Payment is due upon the Rental Period commencing.

8.2

Should the vehicle not be operational although a green status light indicated that it was “available,” the Member will not be charged for the rental fee.

8.3

Payments by Members shall be made with his/her credit card. The Member is under obligation to ensure that the account from which the amounts are to be collected have sufficient funds available to cover any charges. Member is solely responsible for any associated bank charges or fees.

8.4

In the event the Member defaults on any payments, car2go is entitled to charge reminder fees and default interest in accordance with the provisions of the law.

Section 9 – Obligations of Members and Drivers, Prohibitions

9.1

Members and Drivers hereby agree:

to handle the car2go vehicle gently and with care, in particular to observe the stipulations of the manufacturer’s manual and the break-in rules, as well as to adhere to applicable maximum and minimum speeds;
to immediately inform the car2go service center of any instances of major soiling (the service center can be reached from each car2go vehicle at no charge via the installed telephone). Damages resulting from force or accident should first be reported to the police, followed by reporting to car2go at the first available opportunity. At the request of car2go or its insurer, the Member is under obligation to transmit to car2go a copy of any citations reports or other documents related to the accident and in the Member or Driver’s possession;
to secure the car2go vehicle against theft (windows must be closed and central locking system enabled);
to ensure that the car2go vehicle is used only in a state in which it is roadworthy and reliable;
to comply with all legal obligations in connection with the operation of the car2go vehicle, in particular those created by the State of Texas and local jurisdictions, to the extent such obligations are not borne by car2go by reason of the present contract;
to notify car2go of any citations and/or warnings for moving or parking violations received while operating a car2go vehicle or during a Rental Period.
to keep any password and/or PIN numbers in strict confidence and to not make passwords or PINs available to third-parties, including noting passwords or PINs on or near the car2go membership card. At no time should a PIN and/or password be recorded or reduced to written or electronic form. Should a PIN or password be reduced to written or electronic form, the Member will be responsible for any associated costs and/or damages in connection with unauthorized use by third-parties. If a Member or Driver has reason to believe a third-party may have obtained unauthorized knowledge of a password and/or PIN, Member and/or Driver agree to change the compromised password and/or PIN;
to car2go recording telephone conversations in connection with car2go membership, in order to clear up legal issues, and/or to improve the quality of its vehicles and services.

9.2

The Driver is prohibited from:

Using the car2go vehicle under the influence of alcohol, drugs or medication that could adversely impact his/her ability to drive; drinking alcohol and driving is strictly prohibited (for alcohol, a zero-tolerance policy is adopted and a limit of 0.0% applies);
Allowing third-parties, other than the Member or Driver initiating the Rental Period, to drive a car2go vehicle (this also applies for persons who are themselves car2go Members or Drivers, but did not initiate the current rental);
Using the fuel card in order to get gasoline for vehicles other than the car2go vehicle to which the fuel card is assigned;
Using the car2go vehicle for cross-country drives, motor sports events, or races of any kind;
Using the car2go vehicle for vehicle tests, driving classes, or in order to transport persons as part of a commercial operation;
Using the car2go vehicle to transport flammable, poisonous, or otherwise hazardous substances for other than household use or in amounts greater than what is usually consumed in a household;
Transporting objects with the car2go vehicle that could – due to their size, shape or weight – adversely impact the vehicle’s handling safety or that could damage the interior of the car2go vehicle;
Using the car2go vehicle in the commission of a crime;
Smoking in the car2go vehicle or allowing passengers to smoke;
Taking animals into the car2go vehicle unless they are in a closed cage that has been safely stored in the luggage compartment and as otherwise necessary to comply with applicable provisions of the Americans with Disabilities Act;
Excessive soiling of the car2go vehicle or leaving trash of any kind in the car2go vehicle;
Removing objects that are attached to the car2go vehicle or form part of the vehicle’s equipment;
Having more than two people sit in the car2go vehicle; and
Personally performing or authorizing repairs or any conversions on or to the car2go vehicle.

9.3

In the interests of all Members, Drivers, and the general public, the style of driving should be suited to improving fuel economy.

Section 10 – Actions in the Event of Accidents, Damages, Defects, Repairs

10.1

The Driver is to report any accidents, damages or defects that occur while the car2go vehicle is being used to the local police, followed by reporting the car2go service center at the first available opportunity (the car2go service center can be contacted free of charge by telephone using the telephone function installed in each car2go vehicle).

10.2

Accidents must be reported to the police. The Driver is under obligation to remain at the accident site until the police have finished making record of the accident and must take reasonable measures to conserve evidence and mitigate any damages. In the event of an accident, the Driver may not acknowledge his or her culpability, may not accept or admit any liability or make any similar declaration. The car2go vehicle that has suffered the accident may be parked only in an area that is sufficiently supervised and safe.

10.3

In all cases, car2go is entitled to any compensation of damages paid in connection with damages to a car2go vehicle. Should such funds have been paid to the Member or to the Driver, such funds must be transferred to car2go.

10.4

The Member and/or Driver are fully responsible for the consequences of traffic offenses or criminal acts that are established to have been perpetrated in connection with use of the car2go vehicle, and shall be held liable by car2go for any fees and costs car2go may incur in connection with same. In such events, car2go is under obligation to provide the name of the Driver to the appropriate authorities.

10.5

Should car2go so demand, the Member and/or Driver must immediately provide information on the location of the car2go vehicle and to enable inspection by car2go or other third-parties designated by car2go.

Section 11 – Termination, Ending of Rental Period

11.1

car2go shall be entitled to terminate membership and/or driving privileges immediately if the Member and/or Driver:

Defaults on payments that are due;
Ceases to make payments in general;
Has made incorrect statements or has failed to disclose circumstances in the course of the rental relationship; or
Does not cease and desist from grave violations of the Terms and Conditions in spite of having been asked to do so in writing, or does not immediately remedy the consequences of such violations.

11.2

If a car2go membership is terminated in accordance with the above paragraph, car2go has the following rights:

It is entitled to have the car2go vehicle returned immediately upon termination of the membership. Should the Member fail to immediately return the car2go vehicle, car2go shall be entitled to take possession of the car2go vehicle at the costs of the Member;
It is entitled to payment of any rental fees and/or associated costs until the car2go vehicle is returned; and
It is entitled to compensation of damages. By way of compensating its damages, car2go will invoice the Member for specific damages resulting from the non-fulfillment of the Terms and Conditions.

11.3

car2go or the Member may terminate this Agreement with or without cause at any time by providing written notice to the non-terminating party. Notwithstanding any termination, Member and/or Driver will remain liable for all charges, including account balances, registration fees, and any damages and penalties incurred as of the date of termination or upon discovery by car2go.

Section 12 – Insurance and Responsibility to Member or Third-Parties

12.1

car2go complies with applicable motor vehicle financial responsibility laws. If Member is in compliance with the Terms and Conditions of the car2go car-sharing program and is age 22 years or older (or as otherwise agreed to by contract), car2go shall provide primary liability protection on car2go vehicles for claims and/or liabilities arising out of the use or operation of the vehicle by the Member and/or Driver up to and including an amount equal to the minimum financial responsibility limits required by law in the state in which the accident occurs.

12.2

If at any time it is determined that losses will exceed the applicable minimum financial responsibility limits provided by car2go, Member’s and/or Driver’s personal insurance policy will apply and the Member’s or Driver’s insurance carrier may be notified for assumption of all further liability claims.

12.3

car2go 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-sharing Rental Period regardless of fault or negligence.

Section 13 – Liability of the Member, Liquidated Damages, Exclusion

13.1

The Member and/or Driver shall be held liable by car2go for theft, damages to or the loss of the car2go vehicle, and for damages suffered by a third-party. The Member or Driver shall fully compensate car2go for such damages, provided the damages were caused by intentional acts or gross negligence of the Member or Driver or by actions of a third-party that are to be attributed to the Member. Furthermore, the Member shall be held liable to car2go for the full amount of damages if the car2go vehicle has been damaged or lost or if a third-party has suffered damages by the fact that the Member or third-parties for whom the Member is responsible have culpably violated the present Terms and Conditions or the stipulations of applicable law and have thus adversely impacted insurance coverage. In the event that an uninsured Member and/or Driver is liable, the Member and/or Driver shall indemnify car2go against any claims by third-parties.

13.2

The Member and/or Driver are under obligation to pay liquidated damages if he/she has permitted a person to drive the car2go vehicle who is not authorized to drive it. car2go reserves the right to claim further damages. In such event, the liquidated damages will be offset.

13.3

In the event of grave violations of this Agreement, including any default on payments, car2go may exclude, with immediate effect, the Member or, as applicable, the Driver from the use of the vehicle and may deactivate the access means (car2go RFID chip); this exclusion may be temporary or permanent. The Member or, as the case may be, the Driver, will be informed of his/her exclusion by e-mail.

13.4

Indemnification by Member-Member and Driver shall defend, indemnify and hold car2go, its parent and affiliates and their respective directors, officers, employees, shareholders, agents, attorneys, assigns and successors-in-interest, harmless for all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees, and other expenses incurred by car2go in any manner from the car2go car-sharing program and based upon Member’s non-compliance with these Terms and Conditions, or from the use of vehicle by Member or any person, including claims of, or liabilities to, third-parties. Member or Driver may present a claim to Member’s or Driver’s insurance carrier for such events or losses; but in any event, Member and/or Driver shall have final responsibility to car2go for all such losses. This obligation may be limited to the extent car2go’s minimum financial responsibility coverage applies.

Section 14 – Data Protection

14.1

car2go captures, stores, processes and uses the Member’s and Driver’s personal data, including the usage and vehicle data as they relate to the Member and Driver, to the extent this is necessary for the purpose of implementing the Terms and Conditions and Member or Driver relationship.

14.2

Should, in the context of the Member, Driver, rental, or registration relationship, third-party services be used, car2go is entitled to forward to the third-party service provider the Member’s and/or Driver’s personal data, to the extent this is required in order to fulfill membership or use requirements.

14.3

Rental Periods shall be itemized in a car2go statement and made available to Members via private web portal access at www.car2go.com. The statement will include the rental commencement time, point of departure and termination, the duration of the rental, distance driven, and associated costs. Should a Member or Driver have his/her rentals charged to the settlement account of a different Member, this information shall be itemized on the statement with reference to the applicable Driver.

14.4

car2go shall implement and maintain reasonable procedures for protecting sensitive personal information in compliance with applicable law.

Section 15 – General

15.1

Refund Policy-Fees for use of car2go vehicles are incurred as provided in this Agreement, the car2go Rental Process, and current fee schedules. Daily rental history and fees assessed by car2go to a Member’s account can be viewed by accessing Member account information at www.car2go.com. car2go will also generate a Monthly Usage Statement summarizing all fees assessed to a Member on a monthly basis. The Monthly Usage Statement can also be viewed and downloaded by accessing Member account information at www.car2go.com.

Members are on notice of all fees assessed at the time the Monthly Usage Statement is made available at www.car2go.com. Any request for refund of fees assessed to a Member’s account must be received within fourteen (14) days of the date the Monthly Usage Statement is made available at www.car2go.com. Refunds are subject to review and approval on a case-by-case basis at car2go’s sole discretion. No portion of the registration fee shall be refunded.

15.2

Choice of Law-All items and conditions of this Agreement shall be interpreted, construed and enforced pursuant to the law of the State where the vehicle is located at commencement of the Rental Period.

15.3

Conflicts-In the event of any conflict between this Agreement and any other document with respect to the car2go car-sharing program, this Agreement shall govern except otherwise set forth from car2go in writing.

15.4

User Guide, Parental Consent Forms, Application-This Agreement, together with the User Guide, Rental Process, member application, and any applicable consent forms, constitute the entire agreement between the Member and car2go and will become a binding agreement between the Member and any authorized Drivers upon acceptance by the Member. Should any individual terms or provisions in this Agreement become ineffective, this shall not impact the effectiveness of the remaining terms of the Agreement.

15.5

Modifications-Any modifications to these Terms and Conditions are available at www.car2go.com and are deemed approved by the Member unless written notice of objection is received in writing by car2go. Any notice of objection is deemed effective upon written confirmation of receipt from car2go to the Member.

15.6

Questions-Comments or questions regarding these Terms and Conditions should be directed to car2go. Visit www.car2go.com for available methods of contact.