DriveNow Membership Agreement
This agreement governs membership in DriveNow’s car sharing service
and each rental of a Vehicle in the United States. You must agree to the
terms and conditions in this agreement before you can join DriveNow in
the United States. If you have already joined DriveNow in a country other than the United States, you must agree to the terms and conditions
in this agreement before you can reserve and use a DriveNow vehicle in
the United States.
1.DEFINITIONS.
“Agreement” means all terms and conditions found in this document,
the registration form you submitted (your “Registration”), the Rate and
Fee List, the in-car touch screens, email or text messages we may send
to you and any other document you sign or we provide, whether made
available in print or electronically, each as may be amended from time
to time. “Member” means an individual approved by us who has completed the registration process and agreed to this Agreement. “You”
or “your” means the Member, each Authorized Driver and each person or organization to whom charges are billed by us at the person’s,
organization’s or Member’s direction. All persons referred to as “you”
or “your” are jointly and severally bound by this Agreement. “We,” “our”
or “us” means DriveNow, a division of BMW Car Sharing, LLC (“DriveNow”). “Authorized Driver” means: (a) the Member; and (b) any other
person defined as an authorized driver under applicable law. Authorized Drivers are the only persons permitted to drive any Vehicle. Each
Authorized Driver must be at least age 21 and possess a valid driver’s
license. “Vehicle” means any automobile we make available for rental
at designated locations (“DriveNow Stations”) that you reserve and use
and each vehicle we substitute for it, and all its tires, tools, accessories, equipment and Vehicle documents. All Vehicles are equipped with
global satellite positioning (“GPS”) technology or another telematics
system and/or an event data recorder, and privacy is not guaranteed.
“DriveNow ID” means a radio-frequency identification (“RFID”) sticker
that acts as your electronic key for accessing, locking and unlocking
Vehicles. “Charges” means the fees and charges that are incurred under this Agreement. “Vehicle License Cost Recovery Fee” or “VLCRF”
means our estimate of the average per day per vehicle portion of our
total annual vehicle licensing, titling, and registration costs that we are
permitted to recover by California law. “Rate and Fee List” means the
currently effective list of rates and fees associated with DriveNow rentals, as amended from time to time, which is available online at www.
drive-now.com.
2. CHANGES TO THIS AGREEMENT.
We reserve the right to change the terms of this Agreement from time
to time and will give you notice of such changes in a timely manner.
Notice will be posted on the DriveNow website, www.drive-now.com, or
by email to the email address you provided in your Registration or most
recently provided to us. You agree that the amended terms and conditions of this Agreement will be effective and binding the earlier of (1)
the effective date indicated in such notice; or (2) the date posted on the
DriveNow website.
4. MEMBERSHIP REQUIREMENTS.
To become a Member and remain eligible for membership, you must
meet at least the following requirements: (a) you have a valid driver’s
license issued in a United States jurisdiction; (b) you are at least 21
years of age at the time of initial registration; and (c) you hold a valid
credit card that is acceptable to us in your name for making payments.
5. DRIVENOW ID.
After being accepted as a Member, you will receive a DriveNow ID.
The DriveNow ID will be affixed to a joint DriveNow/ChargePoint
card (“ChargePoint Card”). You may, but are not required to, register
your ChargePoint Card to pay for charging electric vehicles (“EVs”) at
ChargePoint Network stations. To access and operate a Vehicle, you
will need both your DriveNow ID and a personal identification number
(“PIN”) that you identified in your Registration or any PIN that you
select or we assign after you are a Member. The DriveNow ID and PIN
are personal to you and may not be shared with or used by anybody else.
Removing the DriveNow ID from the ChargePoint Card will destroy the
DriveNow ID’s electronic function. You agree to immediately report the
loss or destruction of your DriveNow ID to us at 1-855-347-8388. If we
are required to replace your DriveNow ID, you will pay a replacement fee
as listed on the then-current Rate and Fee List.
6. RENTAL SESSIONS.
Each rental session (“Rental Session”) begins when you complete all
of the following: (a) unlock the Vehicle by holding your DriveNow ID to
the card reader in the Vehicle’s windshield area; (b) enter your PIN on
the in-car touch screen; (c) inspect the Vehicle’s cleanliness and condition; (d) report new damage on the in-car touch screen; and (e) press
the “Start Reservation” button. There is no required due-back date or
time; however, you will be charged for a minimum of 30 minutes. The
Rental Session ends when you: (a) return to the entrance of a DriveNow
Station; (b) shut down the motor; (c) push the “End Reservation” button;
and (d) lock the Vehicle with your DriveNow ID. Until you complete the
steps to end the Rental Session described in this section, the Vehicle
will automatically remain in parking mode, and you will continue to
incur Charges under this Agreement.
7. REPOSSESSION, INDEMNITY AND WARRANTIES.
We may repossess any Vehicle at your expense without notice to you if
the Vehicle is abandoned or used in violation of law or this Agreement.
You agree to indemnify us, defend us and hold us harmless from all
judgments, claims, liability, costs and attorney fees we incur resulting
from, or arising out of, your use of a Vehicle. You release us, our agents
and employees from all claims for loss of or damage to your personal
property or that of another person that we received, handled or stored,
or that was left or carried in or on any Vehicle or in a service vehicle or
in our offices, whether or not the loss or damage was caused by our
negligence or was otherwise our responsibility. We make no warranties,
express, implied or apparent, regarding any Vehicle, no warranty of
merchantability and no warranty that any Vehicle is fit for a particular
purpose.
3. NATURE OF CONTRACT.
This is a contract for a car sharing membership that gives you the right
to rent Vehicles under the terms and conditions of this Agreement.
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8. CONDITION OF VEHICLE UPON RETURN.
You must return the Vehicle in the same condition that you received it
except for ordinary wear. You remain responsible for the loss of a
Vehicle and all damages to it until we inspect it. Service to a Vehicle
or replacement of parts or accessories during the Rental Session must
have our prior approval.
9. RESPONSIBILITY FOR DAMAGE OR LOSS; REPORTING TO POLICE;
RESPONSIBILITY FOR TOLLS AND TRAFFIC VIOLATIONS.
You are responsible for: (a) physical and mechanical damage to a Vehicle resulting from collision up to the fair market value of the Vehicle as
determined in the customary market for the sale of the Vehicle, regardless of the cause of the damage; (b) loss due to theft of a Vehicle up to
its fair market value, provided that you failed to exercise ordinary care
while in possession of the Vehicle. Loss or destruction of your DriveNow
ID is evidence of lack of ordinary care; (c) physical damage to a Vehicle up
to its fair market value, as determined in the customary market for the
sale of the Vehicle, resulting from vandalism occurring after, or in connection with, theft of the Vehicle if you have responsibility for theft of the
Vehicle; (d) physical damage to a Vehicle up to a total of $500 resulting
from vandalism unrelated to a theft of the Vehicle; (e) actual charges for
towing, storage and impound fees paid by us if you are liable for damage
or loss; and (f) an administrative charge according to the schedule appearing in California Civil Code Section 1936. You grant us a limited power
of attorney to present claims for damage to or loss of a Vehicle to your
insurance carrier. You must report all accidents or incidents of theft and
vandalism to us and the police as soon as you discover them. You will also
pay us, the appropriate government authorities, or a third party collection firm (“Collector”) of our choosing for all parking, traffic and toll violations, toll evasion fines, citations, other fees, fines, penalties, forfeitures,
court costs, towing and storage charges and other expenses occurring
during the Rental Session and assessed against us or a Vehicle (“Citations”) that you failed to pay to the charging entities. You hereby authorize us to release your rental and credit card information to governmental
authorities or the Collector. In addition to amounts owed to government
authorities, you will pay us or the Collector a processing fee of up to the
amount shown in the then-current Rate and Fee List for EACH such
unpaid Citation processed by us or the Collector.
10. PROHIBITED USE OF VEHICLES.
The following uses of any Vehicle are prohibited and constitute breaches of this Agreement. A Vehicle shall not be used: (a) by anyone who is
not an Authorized Driver or not licensed to drive, or by anyone whose
driver’s license is suspended; (b) by anyone under the influence of
alcohol, prescription or non-prescription drugs; (c) by anyone who
obtained the Vehicle by giving us false, fraudulent or misleading information; (d) under circumstances that could be properly charged as a
crime other than a minor traffic violation; (e) to carry dangerous or hazardous items or illegal materiel; (f) to carry persons or property for hire;
(g) to push or tow anything; (h) in a race or speed contest; (i) to transport more persons than the Vehicle has seat belts, to carry persons
outside the passenger compartment, or to transport children without
approved child safety seats as required by federal and state law;
(j) to teach anyone to drive; (k) outside the continental United States or
outside the geographic area described elsewhere in this Agreement,
if any; (l) with inadequately secured cargo; (m) on an unpaved surface;
(n) when the odometer has been tampered with or disconnected;
(o) when it is reasonable to expect you to know that further operation
of the Vehicle would damage it; (p) where applicable, by anyone who
lacks experience driving a vehicle equipped with manual transmission;
and (q) to transport an animal, except for the service animal of a disabled Member or passenger. Smoking is not permitted in any Vehicle.
11.RECHARGING.
When fully charged, the driving range of an EV is less than that of a gaspowered vehicle. Various factors, such as temperature, the use of components that draw electricity and driving conditions may reduce the
driving range. We are not responsible for damages of any type resulting
from the depletion of a Vehicle’s battery. You are responsible for monitoring the state of charge and making sure you have enough charge to
return to a DriveNow Station. You will be responsible for any costs and
expenses that we incur if you do not return the Vehicle to a DriveNow Station, including because of depletion of the battery. If you need to recharge
a Vehicle during a Rental Session, you may do so at no additional cost at a
DriveNow Station that is equipped with a charging station. If you recharge
a Vehicle at any other location, including a ChargePoint Network station,
you will be responsible for all recharging and/or parking costs.
12. PAYMENT OF CHARGES.
You agree to pay all Charges. You permit us to reserve against your payment card at the time of rental a reasonable amount. We may use the
reserve to pay all amounts owed to us under this Agreement. You will
pay us by credit card or other form of payment acceptable to us at or
before conclusion of each rental or on demand all Charges and: (a) time
and mileage for each Rental Session, or a mileage charge based on our
experience if the odometer is tampered with; (b) optional products and
services you purchased; (c) the cost of replacing a lost or damaged
DriveNow ID; (d) applicable taxes; (e) all expenses we incur locating and
recovering the Vehicle if you fail to return it or if we repossess it under
the terms of this Agreement; (f) towing, storage charges, forfeitures,
court costs, penalties and all other costs we incur resulting from your
use of a Vehicle; (g) all costs, including pre- and post-judgment attorney
fees, we incur collecting payment from you or otherwise enforcing or
defending our rights under this Agreement, to the extent not prohibited
by law; (h) $50 or the maximum amount permitted by law, whichever
is greater, if you pay us with a check or electronic debit card that
is returned unpaid or for credit, charge, debit/check or stored value/
prepaid gift card charges that is not honored by the card issuer, to the
extent not prohibited by law; (i) a reasonable fee to clean a Vehicle if returned substantially less clean than when rented; (j) all fees and costs
associated with Citations plus our processing fee; and (j) a transfer fee
for improperly parked vehicles if we must send an agent to move a Vehicle parked in a no parking zone or other improper location during a
Rental Session.
Charges will continue to accrue until the Vehicle is returned to us or, if
the Vehicle has been stolen, until you report the theft both to the police in the jurisdiction in which the theft occurred and to us at 1-855347-8388. We may audit all Charges. If errors are found, you will pay the
corrected Charges. If payment was by credit card, you authorize us to
correct the Charges with the card issuer. We will notify you of any correction.
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13.INSURANCE.
You may be responsible for up to $750 for damage to a Vehicle during a
Rental Session. Your own motor vehicle insurance or benefits provided
by your credit card issuer, if any, may cover damage to a Vehicle. When
reserving and using a Vehicle in compliance with this Agreement, your
rental will include liability protection for damage or injury you cause to
third parties at the minimum level required by the automobile financial
responsibility law of the jurisdiction in which the accident occurs (“Liability Protection”). These limits may not be adequate to cover fully your
liability in the event that you are involved in an accident. You are also
responsible for all damage or injury you cause to third parties that is
not covered by the Liability Protection. To the extent permitted by law,
DriveNow and you hereby waive and reject the inclusion of “no-fault,”
PIP, medical payments, uninsured motorist, underinsured motorist,
supplementary no fault, or any other optional coverage. If such protection is imposed by operation of law, then the limits of such protection
will be the minimum required by applicable law. The Liability Protection described in this section is primary with respect to any insurance
coverage that you or an Authorized Driver may have. Liability Protection
under this section is void if you violate the terms of this Agreement, or
if you fail to cooperate in any loss investigation conducted by us or our
insurer. Permitting anybody who is not an Authorized Driver to use a Vehicle terminates the Liability Protection.
14. TERM AND TERMINATION.
You may terminate your membership at any time by contacting the Service Center at 1-855-347-8388 and returning your DriveNow ID to us.
Your obligations under this Agreement will survive termination and you
will be responsible for all Charges until paid in full. We may suspend or
terminate your membership if you: (a) fail to pay Charges when due; (b)
no longer meet our membership requirements or have given us any false
or misleading information at any time; or (c) otherwise fail to comply
with any term of this Agreement. We may terminate this Agreement at
any time and for any reason.
15. CUSTOMER INFORMATION AND USE OF GPS.
You are under a duty to notify us of any change in your address, email
address, cellular telephone number or credit card number and expiration date without undue delay. You shall be liable for any damage or
consequential damage incurred due to out-of-date or wrong personal
data. To the extent not prohibited by law, you authorize us to use GPS or
other technology included in the Vehicles for any purpose.
16. MODIFICATION AND GOVERNING LAW.
Except as otherwise provided in this Agreement, no term of this
Agreement may be waived or changed except by a writing signed by
an expressly authorized representative of DriveNow. This Agreement
constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding membership
and rentals are void. This Agreement shall be governed by the substantive law of the jurisdiction in which the rental commences, without giving effect to the choice of law rules thereof, and you irrevocably and
unconditionally consent and submit to the nonexclusive jurisdiction of
the courts located in that jurisdiction.
17.MISCELLANEOUS.
A waiver by us of a breach of this Agreement is not a waiver of an additional breach or waiver of the performance of your obligations under
this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does
not constitute a waiver of any other provision of this Agreement. You
authorize us to make whatever inquiries we consider necessary (including requesting your consumer report from one or more consumer
reporting agencies) in connection with your reservation and/or rental
of a Vehicle and for any other lawful purpose (including collecting your
account). Unless prohibited by law, you release us from all liability for
consequential, special or punitive damages in connection with your
membership or any rental, reservation or use of any Vehicle. You waive
all recourse against us for criminal reports or prosecutions that we take
against you that arise out of your breach of this Agreement. If any provision of this Agreement is deemed void or unenforceable, the remaining
provisions are valid and enforceable.
18.SIGNATURE.
You understand that by checking the box next to “I have read and agree
to the Membership Agreement” and clicking on “Complete registration”
on your Registration, you are electronically signing this Agreement.
Effective as of June 30, 2012.
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