zipcar Membership Agreement (Taiwan)
Contract Last revision date: September 4, 2018
This membership agreement is made by Avis Car Rental Company, which is located in 10F.-2, No.161, Songde Rd., Xinyi Dist., Taipei City 110, Taiwan (R.O.C.) and, of which VAT number is 53799460 (hereinafter referred to as "Zipcar"), is drafted and signed with a natural person or legal person who agrees to become a Zipcar member (hereinafter referred to as "member") in accordance with the following terms and conditions.
This "Contract" is a vehicle-sharing service contract between Zipcar and "member". All "members" must accept and obey the terms and conditions of the contract. By accepting the terms and conditions of this Contract and using the Zipcar Services represent that you have already read, understood and agreed to comply with the terms and conditions of this Contract during a reasonable 10-day review period.
If you do not accept any of the terms and conditions of this Contract, you are not enable to use any ZIPCAR vehicles or services. If you have any questions about this "Contract", please write to firstname.lastname@example.org or call us at 02-6621-9219.
Zipcar reserves the right to modify the terms of the Contract at any time. All changes will be effective immediately upon the notification of the Member and upon the consent of the Member. And it is deemed to have been delivered under certain circumstances below: if such notice has been posted on the first page after "Member" log in and is accessible from the homepage; by emailing Member's e-mail address; or through the website or other suitable forms of communication (for example, via mobile applications or SMS). By continuing to use the Zipcar Vehicle or Service after changes to the terms of the Contract represents that you have already read, understood and agreed to any terms and conditions as amended in the revised "Contract" for the reasonable period of review or specified date which is mentioned in the notice shall become effective and legally binding. Booking rates, fees and taxes may change. Before you confirm your reservation, you can review the estimated total reservation fee. If, after mediation and reaction, Members do not agree with the amended content, Member shall terminate the Contract and stop using Zipcar's vehicles and services, and Zipcar will not be liable to compensate Members However, the remaining annual fee will be refunded to the original debit account. During the contract period, members can unconditionally terminate the contract, however, Zipcar will not be able to refund the annual fee and members do not have to pay for contract breach.
The specific terms of this "Contract" and the "Rules" may vary based on the country in which you are booking or using the Zipcar. For example, Zipcar's third party insurance may vary based on the country where you use the Zipcar and may be suitable to certain or additional charges and policies. The "Contract" is applicable to all jurisdictions that can book Zipcar vehicles and Zipcar websites.
By signing this contract and reserving the vehicle, "Member" agrees and undertakes such differences in advance and must not challenge any issue after signing of the contract.
In this "contract", the following definitions apply:
"Member" or "you": Unless specified in the "Contract", the person registered as "First Member" is the account owner and may include other "Associate Members".
"First member": Who is designated to be responsible for all fees and other costs of collection and payment of membership, including application fees, membership fees, car fees and other costs, or the fees pointed out in the "Rules and Appendix " below.
Associate Member: Any third party member authorized by First Member may become a member of Zipcar. Associate member can use Zipcar's service under the terms of this "Contract" upon Zipcar's approval. However, Associate Members may be required to pay other driving record / insurance verification fees, application fees and / or membership fees.
"Contract": This "Membership Contract" and its "Appendix" may be printed on paper or provided electronically on Zipcar's website. The "Appendix" is an integral part of this "contract."
"Rules": All rules, guidelines or policies regarding to the use of Zipcar's Services by Members will appear on the Zipcar Website as posted or appear under this Contract or announce from time to time by Zipcar, including, but not limited to the content described in the Appendix 1: Vehicles Use.
"Appendix": All the appendices, rates and policies quoted or incorporated in this Contract.
This "Contract" is a vehicle-sharing service contract provided by Zipcar (hereinafter "Zipcar", "us" or "us"), but authorizes the ownership to the user of Zipcar vehicle. According to this Contract, Members may only use Zipcar vehicles in the permitted area and shall pay all applicable rates and fees. The applicable rates and members’ rights preferentially take this "contract" as the priority. In addition, each booking is obeyed by the bookings and car rental contracts (Appendix IV).
Any items that Zipcar provides to Members during the term of the Contract are belong to Zipcar's possession, including but not limited to all Zipcar Vehicles, Mobile and Web Apps and Member Cards ("Zipcard"). Members have the rights over any Zipcar vehicles or items that Zipcar provides are limited to those use rights under this Contract.
To qualify for our service, Members must:
At least 21 years old
Hold a valid driver's license in Taiwan for at least 12 months
No drunk driving record in the past five years
No more than two accidents in the past three years
Complete Zipcar's standard application process and provide all required information and documents (such as identity card, passport, residence permit, and driver's license in Taiwan)
The fulfillment of above conditions will not automatically become a Zipcar member. Zipcar may decide whether to approve the applicant's membership. Without prejudice to the foregoing, Zipcar may refuse membership based on other factors. In addition, a member may be restricted from driving a particular Zipcar depending on the driving history and experience of the member/ driving program, even though their membership is approved.
Member fees and responsibilities
Regardless of whether you activate Zipcard or not, if the driving / loyalty program includes an annual or monthly fee, your driving / membership program will charge you an Initial Membership Fee within 5 days by your membership approval. And only if you have terminate membership after you become a member for at least thirty (30 ) Days, you can be refunded (the annual fee can be refunded, but the remaining fees will not be returned). If you would like to cancel Zipcar membership at any time, please contact us at 02-6621-9219.
Specific member programs, such as those that include a monthly promotion program, will automatically renew on a monthly basis. After Zipcar approved a monthly renewal member program, a monthly "Member" credit card will be automatically charged, even if the Member's Zipcard is not activated, the monthly payment associated with such programs is non-refundable. Z-Money obtained as a result of the Event or otherwise will expire on the first day of the monthly renewal date and will not be counted in the future month.
Member must pay all fees and costs (including the fees and costs of Associate Members) incurred during the period until the payment deadline, including but not limited to application fee, driving record / insurance verification fee, membership fee (will charge automatically as the expiration), car using fee (Including but not limited to fuel costs and / or surcharges), sales tax and others, and "rules and appendices" and "membership" driving / membership qualification which resulted in other costs and expenses set forth in the program. We will charge members by credit card or other methods setting up by Zipcar, such as corporate user funds transfer. Any "Member" account overdue will be suspended; however, for any bookings made, "Member" will still be charged if "Member" not cancel in time. If a credit card “Member” provided refuses to pay any amount payable, Zipcar will terminate the membership and the use of the Zipcar service. "Member" is responsible for providing and maintaining the current credit card information archived by Zipcar. Subsequent problems with credit card statements may result in the termination of membership. Zipcar will not be liable for any overdrafts or other costs charged by the "member" credit card company or bank. For overdue accounts, Zipcar may also change and / or terminate the Member's account if the funds have expired. In addition, Zipcar may use a third party to collect the amount owed by "member" to Zipcar. Member is also responsible for such third party payment or similar charges associated with these payment.
Members are responsible for providing and maintaining current email, mobile, preferred search, mailing and other account information. Zipcar may record or monitor your communications with us on email and social media. By using these communicated methods, you consent to our recording or monitoring to your communications with us on email and social media.
By applying for membership, you authorize Zipcar to request your driving record from the jurisdiction where you obtained your license. A member who has not obtained a driver's license from the jurisdiction in which he / she resides must comply with the licensing requirements of that jurisdiction to drive a car in that area. In addition, Zipcar may at any time require Members to certify that they comply with the law in the place where they reside and / or impose more policies regarding their obligations to be lodged in the jurisdiction to which they belong. Zipcar reserves the right to ask "Members" at any time for additional information (eg, passport copy or proof of address). Because Zipcar vehicles need to maintain a good driving record, Zipcar is available to view "Membership" driving records and reserves the right to suspend or terminate, as appropriate, any "Membership" that does not qualify to Zipcar. If a Member's driver's license has been suspended, withdrawn or revoked, or if there is any further endorsement or accident by Member's driving record, or if Member is driving under the influence of alcohol or drugs, dangerous driving or reckless driving or exceeding the speed limit, Member agrees to report such suspension, cancellation, variation, conviction or ticket to Zipcar immediately. Failure to notify Zipcar of any such event will result in the Member being denied Zipcar's liability coverage and / or membership being immediately released while driving Zipcar.
Zipcar members agree and understand that, if members requested for a refund or when Zipcar issues refunds due to Zipcar could not process Members reservations or due to voidance contract, Zipcar could process Member’s refund and all related documents on Member’s behave.
Car damage, car damage costs; car damage reduction
General Loss: "Members" shall be responsible for any and all loss suffered by Zipcar vehicles or other property while they are held or controlled by "Members", even if the loss is a result of a weather-related, third party caused or caused by a similar reason. And shall be responsible for paying the full compensation for any loss or whoever injury and their property. Same rule applies for “Member” if not comply Appendix 1: Vehicle Usage Rules 4.2 and 4.4. In the event of a malicious breach of the Zipcar membership contract and its Appendix, the “Member” shall bear criminal liability along with the damage to the vehicle and any property damage, and shall pay a penalty equivalent to the amount of the car damage or property loss. Including but not limitation, the repair of Zipcar and the third party property (estimated or actual), third party property loss or injury and the cost of restore and delivery of Zipcar and the loss of the use of the Zipcar vehicle and third party property. However, as Section 6 below mentioned, generally, the liability protection provided by Zipcar may cover the majority of losses incurred as a result of the use of Zipcar vehicles by "Members", and the liability of "Members" for loss is generally limited to 5.2 The "car damage costs." However, if "Member" fails to comply with the terms and conditions of this "Contract", the liability protection provided by Zipcar does not apply and therefore "Member" shall be responsible for the full cost of any contingency or incident and any liability resulting from such accident or incident. For example, allowing non-members to drive Zipcar vehicles is responsible for all losses and costs incurred by non-members using the vehicle.
Vehicle Damage Costs: Assuming Members follow all the terms and conditions of this Contract, the liability for Section 5.1 is limited to the Zipcar models used by Membership Travel / Membership Program and / or Member Vehicle damage costs (hereinafter "vehicle damage costs"). Unless Member has already purchased a car damage reduction, Member will be responsible for the full, actual, estimated or projected cost of Vehicle Depletion, regardless of whether Zipcar or a third party made or dealt with the actual claim.
Car damage reduction: Eligible members may choose to purchase a "Car damage reduction" (or DFW) provided by Zipcar to reduce the amount of deductible negative contributions.
Eligibility means that a Zipcar member has become one year or more of Zipcar membership and that in the last 12 months there has never been any incident involving a financial loss or any third party during driving a Zipcar. Qualified "Members" elects to purchase DFW to cover the loss incurred by "Members" using Zipcar vehicles, which is the "Auto Damage Amount". Before purchasing DFW, you should check to see if you have obtained a collision insurance for your car with a credit card or personal car insurance policy applicable to and payable for the loss of your car. You are not obliged to purchase DFW. Purchasing DFW is optional and can refuse to buy. DFW is neither insurance nor does it provide or alter the coverage of insurance.
Choosing to buy "Membership" from DFW will reduce the amount of auto damage you pay. DFW applies only to specific "Members" who purchase DFWs, and does not apply to Associate Members. DFW may be limited to a particular model or Zipcar vehicles. Before booking a Zipcar vehicle, Member should verify that any previously purchased DFWs are applicable to the Zipcar vehicle to be used. DFW purchases can not be refunded.
DFW fees will be vary depending on the period / type of DFW purchased (annual or monthly), membership status, driving experience and similar factors. For annual or monthly deductions, the DFW is limited to the period marked at the time of purchase; thereafter, if you choose not to renew, re-purchase or cancel the DFW, you will have to pay the full cost of the vehicle again.
It may not be possible to eliminate or mitigate the liability for "cost of car damage" by purchasing a DFW in the following circumstances, and Zipcar may terminate your previously purchased DFW: (1) if you use the vehicle in violation of this Contract, including your permission Non-member driving, use of Zipcar vehicles for a prohibited purpose, damage to Zipcar vehicles or third-party property either on purpose or in negligence resulted in damage (for example, by adding wrong fuel to the vehicle); (2) Zipcar has suspended or terminated your membership and / or Two incidents of negligence involving financial losses or any third party occurred while driving Zipcar; (3) Failure to close and lock all windows, doors and trunk, resulting in theft, damage or destruction of the vehicle; (4) Failure to notify Zipcar immediately after an accident or loss; or (5) Failure to pay any other amount due to the Contract.
DFW, which pays annually and monthly, usually renew automatically. When the DFW expires , "Member's" credit card will automatically be charged on a monthly or yearly basis (depending on the selected DFW). DFW is optional. At any time, Member may opt out of paying monthly DFW from the Member Account page or by calling 02-6621-9219. To change the type of DFW purchased (for example, from monthly paid DFW to annual paid DFW), Member must call (02) 66 219 219.
Third party responsibility
All Zipcar vehicles are covered by compulsory motor vehicle liability insurance under law in Taiwan. Any valid Zipcar member who has a good reputation and is authorized under this "Contract" and who is in accordance with the Operating Manual operating Zipcar's vehicles is liable to the member for carrying out its obligations under this "Contract" ,the accidental personal injury insurance related to the payment of compensation.
Pursuant to the terms of this "Contract", we will not provide any insurance beyond the compulsory motor vehicle liability insurance provided by law in Taiwan for any use of Zipcar vehicles by unauthorized drivers in any way.
If you have any questions about insurance, please send an email to email@example.com
Validity and termination
This Contract is effective since Zipcar accepts the completed membership application and Member pays any applicable fee. The term of the "Contract" will last until the effective termination of the "Contract" by either party in accordance with these Terms. "Member" may terminate the Contract at any time, but should contact us at 02-6621-9219 or by e-mail, and we will terminate your contract immediately after the settlement of any contract costs. If you are a monthly fee member, you must contact us one week prior to the week you should renew. In order to ensure that Zipcar will terminate your contract in time (five business days) before the next month's bill.
If you are a "Annual Fee Plan" members, we will refund part of the remaining monthly fees proportionally on a monthly basis. The month when you propose to cancel your membership is not included in the refundable month, and you need to contact us one week prior to the renewal date of the membership to terminate your contract on time (five working days). Except for the special provisions of the "Contract", if "Member" terminates the contract, no refund will be required for all monthly fees, annual fees, application fees, driving record / insurance verification fees or similar fees. With the exception of the contractual termination clause set out in Clause 7.2 below, Zipcar may terminate this Contract at any time upon sending notice to Members at least thirty days before Zipcar will refund the Annual Member Fee for the year ending on a monthly basis ( If applicable). In the case of any termination or cancellation of this Contract, Member shall still pay any fees, costs or expenses incurred prior to the termination of the Contract.
Zipcar may also terminate this Contract immediately upon notice to "Member" or any Associate Member if: (a) "Member" or any "Associate Member" fails to pay any amount due under that Contract (b) Member or any Associate Member fails to comply with any of the terms or conditions specified in this Contract or any of the Rules; (c) Member or any Associate Member is involved in relation to the Zipcar (d) "Member" or any "Associate Member" participates in any inappropriate, negligent, insulting, abusive or otherwise unacceptable Zipcar's reasonable discretion to consider as having been, at its discretion, considered by Zipcar to be unqualified or unsuitable to continue membership; Activities or behavior of the Member; or (e) any arrears owed by Members or any Associate Member which are generally overdue; insolvent, under any bankruptcy or insolvency laws or similar law, Members' request (or other document) not to be settled within sixty (60) days after such request (or document) is presented; to the obligee to propose a dissolution, liquidation, settlement, financial reorganization or This structural reorganization; a full transfer of mortgage or trust for the benefit of creditors, or has been designated to receive, trustee, custodian or similar agents, or hold any property or business of this "member" of. No refund of any membership fees or other fees may be made if the contract is terminated pursuant to this Section 7.2.
Once the contract is terminated, the right to use Zipcar services and vehicles by all "members" and "associate members" shall be terminated immediately. "Member" agrees to promptly return to Zipcar or any other vehicle owned by Zipcar and including all Zipcards (if required). In addition, Member shall be responsible and agree to pay any legal fees, legal costs, or costs associated with enforcing the terms of the Contract (including, but not limited to, any costs associated with the restoration of any property, Zipcar any amount).
Limitation of Liability
Under no circumstances, for any members or the third party indirect lost, including lost in profits, revenues, goodwill, business opportunities or anticipated savings, because of this contract or using Zipcar service, ZIPCAR is not responsible for. Without prejudice to the foregoing, any loss, damage, personal injury or death in connection with the loss or damage of any goods in the vehicle or any third party vehicles resulting from the use of the Zipcar Vehicle, any "Member" or third party, Loss or damage suffered by Members due to any claim by a third party, or loss or damage to "Members" arising out of or relating to any of the following: (i) the booking, unavailability, availability, operation of the Zipcar Vehicle or use, (ii) any vehicle accessory, whether provided by Zipcar or a "member" (eg luggage rack, bicycle frame, baby seat, etc. "Member" is responsible for the safe installation of such accessories and must first check each accessories statement, Zipcar shall not be liable unless such loss or damage is caused by our negligence or failure.
The rights granted to "Member" or "Associate Member" under this "Contract" shall not be assigned or transferred in whole or in part. Any attempt to transfer this "Contract" without the written consent of Zipcar shall be deemed invalid. Zipcar may assign this "Contract" to its affiliates or allow it to be conferred on other organizations when the Company transacts or otherwise. .
If Member fails to comply with any of these Terms of Contract or default, Zipcar's delay in exercising any right or power will not diminish any of those rights or powers or constitute a waiver. The waiver by Zipcar of any promise, condition or agreement that Member should perform shall not be considered as an waiver of any prior or subsequent violation of the same or any other contractual, condition or agreement as contracted below. Unless noted, all remedies provided by this "Contract" are based on the principle of accruals and supplements and will not supersede any other remedies legally or otherwise enjoyed by either party.
If any term, provision, promise or condition of this "Contract" is deemed invalid or unenforceable for any reason, the remaining provisions will remain in full force and effect, as if the "Contract" was signed with the deletion of the invalid part Effective. Both parties further agree to replace the invalid clause with the effective clause of the nearest invalid term and the economic benefit clause.
This "Contract" is governed by the laws of the Republic of China. All the following disputes can be settled only in the courts of Taiwan in ROC. Both parties hereby agree that the Taipei District Court in Taipei, Taiwan shall be the exclusive jurisdiction court of first instance.
Any notices or communications that are necessary or permitted to be made available to Members are required to be in writing and must be provided to Zipcar or the Affiliate's updated Zipcar archived e-mail or post when completing the application as "Member" Address sent to "Member" deemed to have been fully served. Any notice or communication required or permitted to be made to Zipcar shall be in writing and sent by electronic mail or registered mail at the following address as fully delivered:
Zipcar, 3F, No.161, Songde Rd., Xinyi Dist., Taipei City 110, Taiwan (R.O.C.)
E-mail address: firstname.lastname@example.org
Unless notified by the sender that the e-mail address is invalid, any notice given by e-mail shall be deemed served on the first working day after delivery. Any notice sent by registered mail should be deemed served on the fourth working day after sending.
Member program conversion
Members may request to change the charging scheme at any time during the "contract" period, but must call the member center (02) 66 219 219 for assistance of the Commissioner. Conversion fee scheme is equivalent to the termination of the previous membership program, and restart the new "contract" start date. Member fee calculation and conversion in detail as follows:
If you wish to switch from "Monthly Plan" to "Annual Plan", the next week will come into effect. Please note that we will not refund the monthly fee for the month you requested for the conversion and you will need to submit one week prior to the expiration week (renewal date) for sufficient working time (five working days) The conversion will complete in the next week.
If you wish to convert from "annual fee plan" to "monthly fee plan" and submit a conversion application within 3 months after joining the membership, the annual fee paid will be converted on a monthly basis to the monthly rate Fee scheme "membership fee amount. When the balance falls short of the monthly fee, "Members" will be charged for the insufficient amount, after which monthly fee of NT $ 500 will be charged on a monthly basis. Please note that you will need to submit a conversion no later than the 7th of the month of the member's full membership date and have sufficient time for the job (five business days) to complete the membership conversion by the end of the next week.
If you become a "Member" more than 3 months after the transfer request is made, we will not provide the annual fee conversion deduction monthly fee, the annual fee will not be refunded or offset other fees.
The appendix is an integral part of this "contract":
Appendix 1: Rules for the Use of Vehicles
Appendix 2: Expense Policy
Appendix 3: Membership and travel rates
Appendix 4: Small passenger car lease contract book
Z money rules
Z money is equivalent to NT $ 1, which can be used to directly charge the car cost at Zipcar (this "amount" does not include other expenses such as vehicle scheduling fees and fuel costs).
Z money will not be transferred to others, nor can be requested to discount the cash or other non-reward items to pay.
Z money must be used within the validity period, the deadline for the unused Z money will automatically expire.
Activities Z money valid period according to the date of each announcement. If no special emphasis is placed on membership, it is valid. If overdue or the member applies to cancel the membership, the valid Z money in his membership will be nullified simultaneously and the new application will be re-accumulated.
Membership Program Z money according to different conditions of the program have different validity period:
In 2017, the "Z-Fees Scheme" will be added to the "Z-Trip", valid for one year from the start date of the program.
In 2017, the "Z-Fees Scheme" will be added to the Z money in the first month of the month, valid for one month from the date of giving. It is not allowed to use across the months.
Z Money activities have changed or not specified, to public announcements in the contents of Zipcar Taiwan Chinese website.