Schedule 2 –
Porsche Drive - Rental Program Rental Agreement Terms and Conditions
1. Driver Age Restrictions. To be eligible to rent and drive the Vehicle, you must be
(a) at least twenty-seven (25) years of age, and
(b) the named insured under a valid automobile insurance policy that provides coverage or that is endorsed to provide coverage for rented or non-owned automobiles (including the Vehicle), or you are the spouse of and live with such person and you are covered under such policy.
2. Rental Period. You agree to return each Vehicle at the date, time, and place agreed to in this Rental Agreement. You may extend the Rental Period if you obtain
3.1. Insurance Coverage. You acknowledge and agree that
(a) you are and will continue to be at all times during the term of this Rental Agreement, the named insured under a valid automobile insurance policy that provides coverage or that is endorsed to provide coverage for rented or non-owned automobiles (including the Vehicle), or you are the spouse of and live with such person and you are covered under such policy, and
(b) such automobile insurance policy provides, at a minimum, the following coverages: liability insurance coverage for bodily injury or death or damage to the property of others; coverage for what is commonly referred to as accident benefits; uninsured or unidentified motorist coverage for bodily injury or death or damage to the Vehicle; and comprehensive and collision coverage.
We will comply with applicable automobile insurance or other motor vehicle financial responsibility law by obtaining insurance coverage for the benefit of qualifying persons under the terms and subject to all of the conditions of a standard automobile insurance policy. If you have complied with all of the terms and conditions of this Rental Agreement including the rules of use set out in Part C herein, and if we are obligated to extend our automobile insurance or other motor vehicle financial responsibility to you, passengers or other third parties, then our obligation to so extend is limited to the applicable provincial or territorial minimum insurance or financial responsibility amounts.
You acknowledge that our automobile insurance policy (i) contains exclusions, conditions and limitations applicable to anyone claiming coverage thereunder, and you hereby agree to be bound by them, and (ii) applies only in Canada and the contiguous United States of America.
No other insurance is provided by us. To the extent permitted by law, use of a vehicle in violation of the terms and conditions of this Rental Agreement is without permission, is a breach of this Rental Agreement, and disqualifies you and any driver from our applicable automobile insurance or other motor vehicle financial responsibility.
3.2. Rental Company / Owner’s Insurance is Excess. Except where required by law to be primary, any insurance or self-insurance maintained by us or the owner of the Vehicle (the “Owner”) and applicable to the Vehicle, shall be secondary to any applicable insurance or self-insurance available to you, any driver or any other third parties from any source, whether primary, excess, secondary or contingent in any way. If valid automobile liability insurance or self-insurance is available on any basis to you or any other driver and such insurance or self-insurance satisfies the applicable automobile insurance or motor vehicle financial responsibility law, then such insurance shall be primary, and neither we nor the Owner extends any of its insurance or motor vehicle financial responsibility to any person.
3.3. Optional Insurance. Without in any way limiting the generality of the foregoing, if our and/or Owner’s insurance coverage or motor vehicle financial responsibility for the Vehicle includes supplementary no fault, non-compulsory, uninsured or unidentified motorist coverage, or any other optional or rejectable coverage, then we and/or the Owner shall not be required to extend any such insurance coverage or motor vehicle financial responsibility to you, any driver, passengers or other third parties.
3.4. Your Other Financial Responsibility. Without in any way limiting the generality of any other provision of this Rental Agreement, including your obligation to provide automobile insurance coverage, if our applicable automobile insurance or other motor vehicle financial responsibility does not apply for any reason whatsoever including, without limitation, where the Vehicle is used in violation of this Rental Agreement, then you are liable for the entire cost of the Vehicle’s repair or replacement and for any other claims of any kind made by third parties (including those made against us and/or the Owner), and for the defence from and indemnity for such claims.
Neither we nor the Owner is responsible for any loss of or damage to any personal property (including data contained therein) of you, any driver, passengers or other third parties, and no insurance coverage is provided in connection with same.
3.5. Insurance Proceeds Received by You. To the extent permitted by applicable law, if any compensation or insurance proceeds are paid to you in respect of loss of or damages to a Vehicle, then you must immediately pay or transfer such funds to us.
4. Power of Attorney. You hereby irrevocably appoint and constitute us as your true and lawful attorney, from time to time, and at our sole discretion, with full power of substitution, and with full power and authority to, on your behalf, (a) make or pursue any insurance claim against your insurer if (i) there is any loss of or damage to the Vehicle and you fail to promptly pay to us the full amount of our loss and damages, or (ii) any liability claims are made against us in connection with your use, operation or possession of the Vehicle and you fail to fully indemnify, defend and hold the Rental Company Indemnitees harmless from such claims, and (b) endorse your name to entitle us to receive insurance payments directly from the applicable payor.
5. Termination by Us. We may, upon written notice to you, immediately terminate this Rental Agreement (and no monthly Program Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) you fail to pay any sum when due under your Master Subscription Services Agreement with
(b) you fail to comply with any term or condition of this Rental Agreement including this Schedule 2;
(c) you fail to meet any of the eligibility criteria;
(d) you are involved in an incident with one of the Vehicles that we or
(e) you engage in any activities or conduct that we or
(f) you are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition or application under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition or application, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business;
(g) you fail to comply with any term or condition of this Rental Agreement; or
(h) you cease to be a member of the
You must provide a valid credit or debit card in your name to rent the Vehicle, the particulars of which will be retained by
1. Rental and Other Charges. You agree to pay
2. Cleaning Fee. You must return the Vehicle in a clean condition for others to use. If you return the Vehicle in any other condition, then
3. Fines, Expenses, Costs, and Administrative Fees. You must pay all fines, penalties, and court costs for parking, traffic, toll, and other violations, including storage liens and charges. You must also pay a reasonable administrative fee with respect to any violation of this Rental Agreement, such as for repossessing or recovering the Vehicle for any reason. You agree
4. Security Deposit. Under your Master Subscription Services Agreement with
5. Cancellations. In the event of a cancellation of a reservation,
6. Other Charges. You must pay
1. How do you receive a Vehicle?
In general, we will arrange to deliver your Vehicle to you after we have confirmed your reservation for the Vehicle. If you would prefer to pick up a Vehicle, then we can arrange for pick-up at one of
2. How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
3. How do you return a Vehicle?
At the conclusion of the Rental Period, we will pick up the Vehicle at a mutually agreed upon location on the due-in date and time, or you can return the Vehicle on or before its due-in date and time to one of
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us,
4. Who can drive a Vehicle?
Only you may drive a Vehicle under your rental. All other persons, regardless of the circumstances, are expressly prohibited from driving the Vehicles at any time.
5. Is there a mileage limitation?
Each rental has a certain number of kilometres included in the Rental Fee. If you exceed such number in respect of any Rental, then you will be charged, and you shall pay to
6. Keeping the Vehicle clean.
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, you must let
In addition, all drivers of the Vehicles and their guests must abide by the following rules that are intended to keep the Vehicle in good condition:
(a) No smoking/vaping inside or near the Vehicle – no exceptions!
(b) Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals, which are allowed in the Vehicles without being in locked pet carriers in accordance with
7. Maintenance and repairs.
It is important to, and you must respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to
Vehicles may require emergency roadside assistance from time to time.
8. What uses are prohibited?
You must always use the Vehicle in accordance with all highway and other applicable laws. We or
(a) in violation of instructions in the owner manual;
(b) without use of the safety restraints by all Vehicle occupants, including seat belts and child safety restraints;
(c) by anyone who has provided false information or who has made or makes false or misleading representations in connection with use of the Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
(d) by any person with a driving history that does not meet
(e) in violation of any applicable traffic or other laws (except for minor traffic violations);
(f) by any person who is impaired due to (i) alcohol, (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended, or (iii) illness, fatigue, injury, or otherwise;
(g) in any drag race, speed race, rally or other competition;
(h) in the commission or attempted commission of any crime or for any other illegal or improper activity or purpose;
(i) transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
(j) by any person who does not have a valid driver’s licence for the applicable jurisdiction in which the Vehicle is operated or used (or whose driver’s licence has restrictions that are not complied with by such person when driving the Vehicle);
(k) by any person who is driving while distracted including, without limitation, driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
(l) for any towing or pushing of any trailer, car, boat or any other vehicle, unless the Vehicle is equipped by us to do that activity;
(m) for any business or commercial purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, limousine, shuttle, livery, ride-sharing, ride-hailing, pick-up and/or delivery, or transportation network service;
(n) transporting or driving the Vehicle to or in any place other than Canada and the contiguous United States of America;
(o) on unpaved, unimproved or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality, provided, however, that you may drive on unpaved or unimproved roads as long as such driving would not otherwise constitute imprudent use, misuse or abuse of the Vehicle; or
(p) in any reckless, imprudent, negligent, abusive or abnormal manner for using a Vehicle.
The foregoing are examples only, and are not intended to be a complete list of all prohibited uses (collectively, “Prohibited Uses”).
Without in any way limiting any of our or
9. Who pays for gas?
You must pay for your own gas.
While the Vehicle remains in your possession, you will purchase your own gas. When you return the Vehicle, we will either refill the tank at a local gas station, retaining the receipt, or refill the tank from fuel that we hold in our inventory, measuring the number of litres required.
10. Notification of changes to your account.
You must notify
(a) the address of your primary residence;
(b) your email address or mobile phone number;
(c) your payment method or details; or
((d) your eligibility to rent or drive the Vehicles or participate in the
11. Notification of damage to a Vehicle.
You must promptly notify
12. What happens if a Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to
You must deliver to
13. What happens if a Vehicle has a breakdown?
If one of the Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact roadside assistance immediately by phone at 1-888-490-9077 so that they can get you moving again via
If roadside assistance does not get you moving again, and if you are within reasonable proximity to one of
If you wish to perform a jump start to one of the Vehicles, then you must notify
14. What happens if you have an accident?
In case of an accident involving the Vehicle, you must to the extent that provincial or local laws allow, obtain an official police or other accident report at the time of the accident or as soon as practicable thereafter, but in no event later than twenty-four (24) hours from the time of the accident or the time that such report becomes publicly available.
If you are involved in an accident, find a safe location and call 911 in the event of an emergency. If it is not an emergency, then you must nevertheless report the accident to the police or other authority in accordance with provincial or local laws. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, call
(a) the date, time, and place of accident or incident;
(b) the name, address, date of birth and driver's licence number of all people involved (including all drivers, passengers, witnesses and other people involved);
(c) the insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault, including, without limitation, your own insurance policy number and the name and phone number for your own insurance company and agent);
(d) any pictures and/or video of the scene including all cars and property involved in the accident or incident;
(e) the licence plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
(f) a summary of the circumstances of the accident or incident, and the names and contact particulars of any witnesses; and
(g) to the extent available under provincial or local laws, an official police/accident report is required, regardless of liability or fault, and must be attached.
You agree to cooperate fully with
You acknowledge and agree that any accident or incident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR PORSCHE SMART MOBILITY CANADA, LTD. ARE RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT OR INCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
15. What happens if you have a traffic violation or incur a toll?
15.1. Obligation. You must operate the Vehicle at all times in full compliance with all traffic and safety laws. You are responsible for any violations of such laws that occur during your use of the Vehicle, including but not limited to, all toll charges (“Tolls”), and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during your possession of the Vehicle. You must notify
15.2. Tolls and Violations Generally. If
15.3. Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through
16. Will my Vehicle be tracked?
Each of the Vehicles is equipped with technology that, to the extent permitted by law, allows
You must drive responsibly and look after the Vehicles in your possession in the same manner as a diligent owner. In the interests of all of