Master Subscription Services Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A BINDING MUTUAL ARBITRATION PROVISION (INCLUDING A CLASS ACTION WAIVER). BY ACCEPTING THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND AGREE TO BINDING ARBITRATION.
YOU MAY TERMINATE THIS AGREEMENT AT ANY TIME AND FOR ANY OR NO REASON BY PROVIDING US WITH THIRTY (30) DAYS’ ADVANCE WRITTEN NOTICE PURSUANT TO SECTION 10 (MISCELLANEOUS) BELOW.
THIS AGREEMENT AUTOMATICALLY RENEWS ACCORDING TO THE TERMS HEREOF, AND YOU AGREE THAT WE CAN CHARGE YOUR PREFERRED PAYMENT METHOD ON A MONTHLY BASIS, AS MORE FULLY DESCRIBED BELOW. YOU MAY CANCEL THIS AGREEMENT BY PROVIDING THIRTY (30) DAYS’ PRIOR NOTICE OF YOUR INTENT TO CANCEL THIS AGREEMENT, IN ACCORDANCE WITH AND SUBJECT TO THE TERMS OF THIS AGREEMENT.
YOU ARE RESPONSIBLE FOR CERTAIN CHARGES, INCLUDING THOSE FOR TOLLS AND VIOLATIONS, WHICH MAY BE CHARGED TO YOUR CREDIT CARD ON FILE AS NEEDED, AS FURTHER SET FORTH IN SCHEDULE 1.
This Master Subscription Services Agreement is entered into between
TO DRIVE THE VEHICLES, USE OUR SOFTWARE AND APPLICATIONS, AND PARTICIPATE IN THE PROGRAM, YOU AGREE TO BE BOUND BY THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MAY NOT PARTICIPATE IN OUR PORSCHE DRIVE PROGRAMS IF YOU DO NOT AGREE TO THIS AGREEMENT.
WARNING: THE VEHICLE IS DUE BACK AT THE TIME NOTED IN THIS AGREEMENT AND IMMEDIATELY UPON DEMAND. FAILURE TO RETURN THE VEHICLE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT MAY RESULT IN PROSECUTION AND CONVICTION FOR THEFT AND/OR CONVERSION IN ACCORDANCE WITH APPLICABLE LAW.
You are applying to participate in one or more of the following Programs that we currently offer:
PorscheDrive - Subscription, which enables pre-approved members to have continuous access to Vehicles and the ability to request and exchange Vehicles from a fleet through our App, subject to availability and in accordance with the terms and conditions of this Agreement and the PorscheDrive - Subscription Terms and Conditions as set forth in Schedule 1A. PorscheDrive - Rental, which enables customers to rent Vehicles through our App, subject to availability and in accordance with the terms and conditions of this Agreement and the PorscheDrive - Rental Terms and Conditions as set forth in Schedule 1B.
1. DEFINITIONS. In this Agreement, the following definitions apply:
“AAA” has the meaning given in Section 10 (Miscellaneous).
“Authorized Representative” means an authorized
“App” means the
“Diminished Value” means the difference between the fair market value of the Vehicle immediately before the damage to the Vehicle and after the Vehicle has been repaired.
“Insurance” has the meaning given in Schedule 1.
“Loss of Use” means, as applicable, our loss of the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Program Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
“Program” means the
“Program Fees” means the fees due in connection with your participation in the applicable Program, including, but not limited to, Subscription Fees. The Program Fees will be in the amounts described in Schedule 1 and any additional charges as set forth in this Agreement.
“Program Period” means the period between the time you take possession of a Vehicle and the time that the Vehicle is either returned to or recovered by and checked in by us.
“Program Plan” means, as applicable, the tier you select during the application/registration process or as you may update in the App from time to time.
“Prohibited Use” has the meaning given in Schedule 1.
“Rental Fee” means the fee owed for the Vehicle rented in the
“Rental Period” means the time period during which you have an active rental of a Vehicle under the
“Rules” means all of the rules, requirements, policies and procedures related to your use of the Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or App or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time, with or without notice, as set forth in Schedule 1.
“Secondary Driver” means, as applicable to the
“Services” has the meaning given in Section 3 below.
“Schedule 1” means with respect to
“Schedules” means all schedules, rate plans, and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time, with or without notice.
“Subscription Fee” means the fees due every Subscription Period for the
“Subscription Period” means each monthly period during which you maintain an active subscription in the
“Vehicle” means any of the vehicles that are provided by us and our Authorized Representatives and made available for use by you under your Program Plan. Vehicle includes tires, tools, equipment, accessories, plates and documents.
“We”, “our” or “us” means
“You” means the person who accepts this Agreement by clicking “Accept”, with respect to this Agreement, on the “Accept terms and conditions” page of the App and who is responsible for all fees, charges and other costs associated with the participation in the Program under this Agreement as further described in Schedule 1. For the avoidance of doubt, “you” expressly includes any Secondary Driver(s) approved by us to use the Vehicle(s) provided under the
To be eligible to drive the Vehicles and participate in the Program, you must:
- Meet the age requirement as set forth in Schedule 1;
- Hold a driver's license valid for use in the jurisdiction(s) in which you will use our Vehicle(s);
- Have a valid credit card or debit card;
- Have continuous access to a mobile phone compatible with the App; and
- Meet any residential requirement as set forth in Schedule 1.
For the avoidance of doubt, you, where applicable, and any Secondary Driver(s) currently listed on your account are permitted to operate the Vehicle(s) only if you meet and continue to meet the eligibility criteria noted above during your Program Period. You will report, as soon as practicable, but no more than twenty-four (24) hours after such change, any change in your satisfaction of the eligibility criteria and any information that you provided to us during the application process.
In order to become a member of the Program and to have access to the Vehicles, you must, as determined by us in our sole discretion:
- Accurately, truthfully and fully complete our application for membership through our App;
- Deliver all information and documents that we may request in the application process or otherwise;
- Meet the eligibility criteria set forth in this Agreement; and
- Have your application to operate Vehicle(s) approved in writing by us.
Please note that acceptance of your application is subject to our approval, and your participation in the Program may be denied or, even if it is accepted, it can thereafter be terminated based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of Vehicle class that you have selected.
Secondary Drivers (
You may invite one individual to be listed on your account as a Secondary Driver, and you may request that a Secondary Driver be de-listed from your account and invite a different person to apply to be listed as a Secondary Driver on your account at any time. Each prospective Secondary Driver will be required to apply for the Program in accordance with the same process outlined above. By applying to be a Secondary Driver, such applicant agrees to be bound by and comply with the terms of this Agreement applicable to Secondary Drivers.
A Secondary Driver’s status as a Secondary Driver will immediately terminate upon the occurrence of the following events:
- At your request;
- If, in our sole discretion, the Secondary Driver fails to abide by the terms of this Agreement applicable to Secondary Drivers; or
- If this Agreement is terminated.
You acknowledge and agree that you will be fully responsible for the acts and omissions of any Secondary Driver.
If you are the Secondary Driver, all of the terms and conditions of this Agreement apply to you in the same manner as the primary driver.
You agree to provide to and maintain with us your current email address, your current mobile phone number, your current mailing address and all other account information, including your current credit card or debit card information or such other payment method information as we may accept from time to time. You also agree that we can update your credit score and driving history verification based on your participation in the Program from time to time at our discretion.
Driving Records and License Requirements.
By applying to participate in the Program, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of your passport or your proof of address at any time. As a condition to us agreeing to allow you to drive the Vehicles, you must maintain a good driving record as determined by us in our discretion, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, limit or terminate your right to drive the Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record, or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving, or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly, but in no event later than twelve (12) hours from such event. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving the Vehicles and will give us the right to immediately terminate this Agreement.
3. PROGRAM PARTICIPATION.
No Additional Right to Vehicles.
You understand and agree that We or our agents, are and will continue to be the owner of, and our Authorized Representatives have a legal interest in, all Vehicles and any other items that we may provide to you during the term of this Agreement, including, without limitation, everything that is provided to you with the Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and all software and applications (“Services”) that you use in connection with the Vehicles and the Program. Your operation of, and rights in relation to, any Vehicle, Service, or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of all fees described in Section 4 below. You are not acquiring any ownership interest, right, or title in or to any Vehicle or any other personal property, including, but not limited to, any option to purchase one or more Vehicles.
At delivery or pick-up of a Vehicle, our Authorized Representative will conduct a “walk around” visual inspection of the exterior of the Vehicle with you to confirm that there is no visible damage to the Vehicle at the time you take possession of such Vehicle. Upon return our Authorized Representative will do the same with you. You acknowledge and agree that you are solely responsible for any damage to the Vehicle beyond normal wear and tear.
We have the right to issue a return request and remove any Vehicle from service and availability at any time and for any or no reason, including, without limitation, for maintenance or safety recall purposes. Only we are permitted to modify or repair Vehicles. You and Secondary Driver will not operate any Vehicle that you or they believe may be unsafe to operate. You are solely responsible for immediately notifying us of any potential safety defect or concern you identify in a Vehicle.
4. PROGRAM FEES; PAYMENT TERMS. Your participation in the Program will be subject to your payment of the fees, expenses and costs set forth in Schedule 1 in accordance with the terms and conditions set forth therein.
5. RESPONSIBILITY TO THIRD PARTIES AND RESPONSIBILITY FOR DAMAGE TO OR LOSS OF VEHICLES.
Notwithstanding any term set forth in this Agreement and to the fullest extent permitted by law, you agree that you are responsible for any and all loss and damage that is caused by the Vehicles during your use under one of our Programs. To the fullest extent permitted by law, your responsibility will include the full value of any damages or injuries caused to third parties or their property to the extent the insurance described in Schedule 1 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise.
In addition, you are responsible for all loss of or damage to a Vehicle during a Program Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. To the fullest extent permitted by law, your responsibility includes the following (to the extent the coverage described in Schedule 1 does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise): (a) all physical or mechanical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; or (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) any Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty, and Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) any towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced.
To the fullest extent permitted by applicable law, you will defend, indemnify, hold harmless and reimburse us, our affiliates, our Authorized Representatives and, where applicable, any third party suppliers or subcontractors, and all of such parties’ respective directors, officers, shareholders, employees, contractors, suppliers, and agents from and for all claims, liabilities, damages, losses, fines, costs, or expenses, including without limitation, any attorneys’ fees, incurred by any such parties or paid by any of them arising out of or relating to your or, as applicable, any current or previous Secondary Driver’s liability. The foregoing indemnification rights and obligations shall survive the termination of this Agreement.
6. LIMITATIONS OF LIABILITY AND DISCLAIMER.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL WE, OUR AUTHORIZED REPRESENTATIVES, OR OUR THIRD PARTY SUPPLIERS OR SUBCONTRACTORS BE LIABLE FOR ANY LOSSES INCURRED OR SUSTAINED BY, OR IMPOSED UPON, YOU ARISING OUT OF OR RELATING TO YOUR OR ANY CURRENT OR SECONDARY DRIVER’S CRIMINAL, WILLFUL, OR GROSSLY NEGLIGENT ACTION OR OMISSION IN CONNECTION WITH THIS AGREEMENT, THE OPERATION OF A VEHICLE, OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL WE, OUR AUTHORIZED REPRESENTATIVES, OR OUR THIRD PARTY SUPPLIERS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM. Without limiting the foregoing, to the fullest extent permitted by law, we, our Authorized Representatives and our third party suppliers or subcontractors shall have no liability for (1) any loss of, or damage to, any goods in or on any of the Vehicles or in or on any third party vehicles, (2) any loss, damage, injury or death in relation to you or any other third party arising from any of the Vehicles, (3) any loss or damage incurred by you as a result of any claims made by a third party, or (4) any loss or damage incurred by you arising from or in relation to either (A) the non-availability, supply, operation or use of one of the Vehicles, or (B) any accessories in or to one of the Vehicles, whether supplied or installed by us or by you (for example, luggage racks, bicycle racks, baby seats and the like), and in all cases, you or such current or previous Secondary Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use, unless and to the extent such loss or damage is incurred due to our negligence or our failure to carry out our express responsibilities under this Agreement.
The foregoing limitations on our liability under this Agreement shall survive the termination of this Agreement.
YOU TAKE POSSESSION OF VEHICLES AND ANY ACCESSORIES OR SERVICES AS IS, AND WE, OUR AUTHORIZED REPRESENTATIVES, AND OUR THIRD PARTY SUPPLIERS AND SUBCONTRACTORS EXCLUDE ALL WARRANTIES, EXPRESS AN IMPLIED, WITH RESPECT TO THE VEHICLES AND ANY ACCESSORIES OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT THE OBLIGATIONS, RESTRICTIONS AND LIMITATIONS SET FORTH IN THIS SECTION 6 APPLICABLE TO YOU, SHALL ALSO APPLY TO ANY CURRENT OR PREVIOUS SECONDARY DRIVER(S), AS THE CASE MAY BE.
7. TERM AND TERMINATION; REPOSSESSION OF VEHICLES.
This Agreement shall commence at the time that you accept this Agreement by clicking “Accept” in connection with this Agreement in the App. The term of this Agreement shall continue until such time as your participation in the Program is canceled or terminated in accordance with Schedule 1.
Effect of Termination.
Upon termination of this Agreement, all of your rights and, as applicable, the rights of any Secondary Drivers to use the Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement or sooner upon our demand, you agree to immediately return the Vehicles and any of our other property in your possession to the Service Area for our or our agents’ retrieval as soon as safely practicable, but in no event more than twelve (12) hours after termination of this Agreement or upon our request, as applicable.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement, and you hereby authorize us to charge your preferred payment method for all outstanding Program Fees. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
To the fullest extent permitted by law: (a) we can have any of the Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you or any current or previous Secondary Driver(s) violate any of the terms and conditions of this Agreement or fail to return the Vehicle as required by this Agreement, or we learn the Vehicle has been abandoned; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all current or previous Secondary Drivers hereby agree to waive all claims for damages connected with the recovery.
YOU CONSENT, ON BEHALF OF YOURSELF, ALL OCCUPANTS OF THE VEHICLE, AND ANYONE ENGAGED IN A CONVERSATION WITH US, OUR AUTHORIZED REPRESENTATIVES OR A SERVICE PROVIDER ABOUT THE VEHICLE OR YOUR ACCOUNT, TO THE MONITORING AND RECORDING OF ALL CONVERSATIONS BETWEEN US AND OUR SERVICE PROVIDERS AND SUCH PERSONS, AND YOU RELEASE US AND ANY THIRD PARTY BENEFICIARIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES AND LOSSES THAT MAY RESULT FROM ANY SUCH MONITORED AND/OR RECORDED CONVERSATIONS.
The Vehicle(s) made available to you under this Agreement may be equipped with global positioning satellite (“GPS”) technology, electronic monitoring technology, or another telematics system, and/or an event data recorder (“EDR”). For more information regarding these technologies, please refer to the owner’s manual of the Vehicle. You acknowledge and authorize that your use of this Vehicle may be remotely monitored by us or on behalf of us through such systems to the extent permitted by law. This remote monitoring may include collection of Vehicle data, such as: location, speed, braking, odometer, oil life, and fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements we may deem necessary. These systems may use cellular communications, and you should have no expectation of privacy related to your use of this Vehicle. You agree to inform all drivers and passengers of the Vehicle of the terms of this Section, and that you have authorized release of information collected by GPS, electronic monitoring technology, other telematics systems or EDR. Neither we nor our Authorized Representatives are responsible for the operability of any telematics navigational or other system included with the Vehicle. To the extent permitted by law, you agree to indemnify, defend and hold us and our Authorized Representatives harmless from any damage to persons or property caused by failure of the GPS, electronic monitoring technology, other telematics systems or EDR to operate properly, or otherwise arising from the use of the GPS, electronic monitoring technology, other telematics systems or EDR.
You agree that we, our Authorized Representatives and our service providers may contact you in order to assist you with the Services provided under this Agreement, to address any questions or concerns regarding your participation in the Program or your account, and to send you notices regarding your account or approval of your application for participation in the Program for which you apply, including to send notice regarding payment or your account.
9. ATTACHMENTS TO THIS AGREEMENT. The following documents are attached and incorporated as a part of this Agreement:
Part A: Additional Program Terms and Conditions
Part B: Schedule of Fees
Part C: How it Works and Rules of Use
Part A: Additional Program Terms and Conditions
Part B: Schedule of Fees
Part C: How it Works and Rules of Use
By accepting this Agreement, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and our obligations hereunder. You further represent and warrant that you and, as applicable, each Secondary Driver meet the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Third Party Beneficiaries.
Authorized Representatives are intended to be, and are hereby expressly designated as, third party beneficiaries of this Agreement with respect to each paragraph hereof; provided, however, that Authorized Representatives may enforce the terms hereof only in defense of a claim, action, demand, lawsuit, arbitration, proceeding, litigation, citation, summons, subpoena, or investigation of any nature (each, an “Action”). For purposes of this section, “defense” shall be broadly construed to include any action taken in the context of defending itself in or responding to an Action, including without limitation the assertion of one or more affirmative defenses.
The rights granted to you or, as applicable, any Secondary Driver(s) under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement or our rights and responsibilities pursuant to this Agreement to one or more affiliates or third parties.
No delay or omission by us in our exercise of any right occurring upon any noncompliance or default by you or, as applicable, any current or previous Secondary Driver with respect to any of the terms of this Agreement shall impair any such right or be construed to be a waiver thereof. Any waiver by us of any covenant, condition, or agreement to be performed by you or, as applicable, any current or previous Secondary Driver shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
We reserve the right to amend the terms of this Agreement, including the Schedules, at any time and from time to time, with or without notice. Within the App, we will give you thirty (30) days’ notice of any material changes. Unless we designate a different date, all changes will be effective when we give you such notice. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on our website or our mobile website and App, when we provide it to you by email to your address on file with us if you have requested or allowed email delivery, or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you as set forth in this paragraph without you having to sign or accept this Agreement again and without you having to sign or accept a copy of any amendment hereto.
This Agreement is governed by the laws in force in the State of Georgia and shall be interpreted according to the internal laws of the State of Georgia, without reference to its conflicts of laws or choice of law rules. All disputes hereunder shall be resolved solely in the applicable state or federal courts in the State of Georgia. The parties hereby consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
ARBITRATION CLAUSE --- IMPORTANT --- PLEASE REVIEW --- AFFECTS YOUR LEGAL RIGHTS
If you and we have a disagreement related to the Program, we'll try to resolve it by talking with each other. If we can't resolve it that way, then you and we agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); (iii) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (iv) claims that may arise after the termination of this Agreement. References to “us” and “we” in this Section include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as our Authorized Representatives and all authorized or unauthorized users or beneficiaries of the Program or the Services under this or prior agreements between you and us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Trade Commission. Such agencies can, if the law allows, seek relief against us on your behalf. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute ("Notice"). The Notice should be addressed to:
Private arbitration will be conducted by a neutral arbitrator and administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules. Arbitration is not a court proceeding. The rules of arbitration differ from the rules of court. There is no judge and jury in an arbitration proceeding. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless we and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If for some reason these arbitration requirements don’t apply, or a claim proceeds in small claims court, you and we each waive any trial by jury and a judge will decide any and all disputes.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this paragraph of this arbitration provision is found to be unenforceable, then the entirety of this arbitration provision will be null and void.
Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application or within your Program account, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to firstname.lastname@example.org or mailed to us at the following address:
Atlanta, GA 30354
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1B –
Porsche Drive - Rental Program Terms and Conditions
In addition to the Master Subscription Services Agreement, your participation in the
Capitalized terms used in this Schedule 1B shall have the same meaning assigned to such terms in the Master Subscription Services Agreement.
FOR CALIFORNIA RESIDENTS: YOU HAVE A RIGHT TO RECEIVE COMMUNICATIONS FROM US IN WRITING AND NOT ELECTRONICALLY. YOU MAY EXERCISE YOUR RIGHT BY SENDING US A NOTICE TO DRIVE@PORSCHE.US OR BY CALLING US AT 1-888-369-9904.
Driver Age Restrictions.
To be eligible to drive our Vehicles and participate in the
Potential renters are asked to register using our App. You will be required to provide information including, without limitation, your name, your mobile number, your email address, a picture of your driver’s license and payment details. You must select the Drive tier in the App (no cost to register).
After submitting your registration via the App, you will receive an email that confirms our receipt of your request. A customer service representative will call you within a reasonable time period after you register to explain what happens next and answer any questions.
You agree to return each Vehicle at the date, time, and place agreed to in your reservation. You may extend the Rental Period if you obtain our consent before the date due. The total Rental Period may not exceed thirty (30) days under any circumstances. You acknowledge that your daily rate, taxes, fees, and other charges payable may be subject to change if you extend the Rental Period.
You are responsible for all damage or loss to the Vehicle, as well as for all damage or loss that you cause to others or their property. You agree to maintain automobile insurance during the term of this Agreement which provides to the owner, to us, and to you, the following primary coverage: (a) Bodily injury (“BI”) and property damage (“PD”) liability coverage; (b) Personal injury protection (“PIP”), no-fault, or similar coverage where required; (c) Uninsured/underinsured (“UM”/”UIM”) coverage where required, and (d) Comprehensive and collision damage coverage extending to the Vehicle. Your insurance coverage will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. Where permitted by law, by signing this Agreement, you reject UM, UIM, and supplemental no-fault or PIP coverages. Where we are required to provide such coverage, you hereby select the minimum limits required by law. Because you are providing auto insurance, we are not. In states where the law requires us to provide insurance, your insurance will be primary. Any insurance we are required to provide applies only to claims of accidental BI and PD resulting from the use of the Vehicle and is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent. Our insurance policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. You agree to cooperate with our insurer if any claim is made, and give us immediate notice of damage, claim, or lawsuit against you. Our insurance applies only in the United States and Canada. Giving the Vehicle to an unauthorized driver or engaging in any other Prohibited Use described in Schedule 1 or any other material breach of this Agreement may void any insurance coverage.
You and we both have the right to terminate this Agreement at any time for any reason or no reason whatsoever by giving the other notice of the termination.
Power of Attorney.
You hereby grant and appoint us a limited power of attorney to present insurance claims for property damage to your insurance carrier if the rented Vehicle is damaged during the term of this Agreement and to endorse your name on the insurance.
You must provide a valid credit or debit card in your name to rent the Vehicle which will be retained for a reasonable period of time to cover the fees due hereunder.
If you fail to return the Vehicle at the conclusion of the rental, we will charge a Late Fee in an amount up to (x) the time and mileage fee for an additional 4 hours (if the original rental was for 4 hours) or for an additional day (if the original rental was a daily or weekly rental) plus (y) a service charge equal to 50% of the applicable time and mileage fee.
You are to return the Vehicle in a clean condition for others to use. If you return the Vehicle in any other condition, you may be charged up to $250 plus applicable taxes for cleaning fees.
Fines, Expenses, Costs, and Administrative Fees.
You will pay all fines, penalties, and court costs for parking, traffic, toll, and other violations, including storage liens and charges. You will also pay a reasonable administrative fee with respect to any violation of this Agreement, such as for repossessing or recovering the car for any reason. You agree we may, in our sole discretion, pay all tickets, citations, fines, penalties, and court cost on your behalf to the appropriate authority. In the event we pay these amounts on your behalf, you agree to reimburse us for the cost of such payments plus a reasonable administrative fee. You agree and acknowledge that we cooperate with officials charged with enforcing these infractions and may provide any and all information they may request or that may otherwise be required. In the event we utilize a third party to assist in resolving any tickets, citations, fines, or penalties, you agree to pay all costs and collections fees, including, but not limited to, administrative and legal costs to such agent upon demand without protect. You agree to indemnity and hold us harmless in connection with any tickets, citations, fines, penalties, and administrative fees.
At the beginning of each Rental Period, you consent to the reservation or set-aside by your credit card issuer of the credit card that you provided for payment an amount of $2500 (the “Reserve”). You agree that we may use all or a portion of the Reserve to cover costs (excluding Rental Fees) incurred while the Vehicle was in your possession. You understand that: (i) we will authorize the release of any excess Reserve after completion of the Rental Period, and we have completed our final audit of charges; (ii) your card issuer’s rules will apply to your account being credited for any excess; and (iii) any excess may not be immediately released by your card issuer.
In the event of a cancellation of a reservation, we must receive written notice of the cancellation at the email address provided with the booking confirmation up to seventy-two (72) hours prior to the Rental Period start date to avoid charges to the card on file and to receive a refund. Cancellations within seventy-two (72) hours of the Rental Period start date will be charged fifty percent (50%) of the total estimated rental fee. Missed reservations without notice will be charged in full.
You are required to pay all fees and costs incurred when due. The following charges are due upon completion of each rental, including, without limitation: (a) Rental Fees; (b) sales and other taxes, levies, surcharges, and fees; (c) refueling costs; (d) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (e) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (f) towing, storage, and impound fees; (g) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (h) excess mileage fees; and (i) other costs and fees as provided herein.
How do you receive a Vehicle?
At handover, our customer service representative will walk you through the Vehicle’s layout and features.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
How do you return Our Vehicles?
At the conclusion of the Rental Period, we will pick up the Vehicle at an agreed upon location on the date and time due-in or you can return the Vehicle to one of our service locations. At the time when you return a Vehicle to us, the Vehicle should be in good working condition and ready for use by another driver.
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 held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion, as permitted by law.
If you fail to comply with these good driver Rules, we may suspend, or may even terminate, your participation in the Program in our discretion.
Who can drive our Vehicles?
In general, only you, as the member, may drive our Vehicles under your rental (unless otherwise expressly permitted by state or local law); however, all fees, damage and charges incurred by you or any driver of our Vehicles under your rental shall be your responsibility.
If you need for another person to drive one of our Vehicles because you are impaired or in an emergency situation, you are authorized to allow that person to drive our Vehicle for a short duration, one-time occurrence. This person must have a valid driver’s license. This exception is not intended to allow habitual use of our Vehicles by any person. If we find that you have repeatedly violated this Rule, then we can terminate your rental in accordance with the Agreement. All other persons, regardless of the circumstances, are expressly prohibited from driving our Vehicles at any time.
Is there a mileage limitation?
Each rental has a certain number of miles included in the Rental Fee. If you exceed the mile limitation in any Rental, you will be charged $1 per excess mile.
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, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
- No smoking/vaping inside or near the Vehicle – no exceptions!
- 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 our Vehicles without being in locked pet carriers in accordance with our policies. You are subject to additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs.
We will perform all necessary and required routine maintenance on all of our Vehicles. You must notify us immediately upon discovering any abnormality during your operation of our Vehicles. For example, you should report any warning lights that stay on after ignition or that indicate that service or maintenance is required, any evidence of leaking fluids near the Vehicle, any tire damage or excess wear on the tires, any cracked, broken or missing mirrors, any cracks or chips in the windshield, any other damage to the exterior of the Vehicle, any inoperable signals, any unusual noises when the Vehicle is operated, and any other condition that may render the Vehicle unsafe or illegal to operate.
It is important that you 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, must be reported to us as soon as noted by phone at 1-888-490-9077. Failure to report such problems will result in you being held responsible for any damages resulting from continued use of the Vehicle despite such irregularities.
Vehicles may require emergency roadside assistance from time to time. We provide access to emergency roadside assistance and support as part of our service. If, however, your need for emergency roadside assistance results from a breach of the Agreement or a violation of our Rules, you may be charged for the costs of the service.
What uses are prohibited?
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- In violation of the owner manual’s instructions;
- Without use of the safety restraints by all Vehicle occupants, including seat belts and child safety restraints;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- 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;
- In any drag race, speed race, rally or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- 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;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- 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;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business or commercial purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, or transportation network company service;
- Transporting or driving our Vehicle outside of the continental United States;
- On unpaved, unimproved or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other 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”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these.
We may immediately suspend or terminate your use of our Vehicles and services if you engage or we suspect you have engaged in a Prohibited Use or for any violation of our other Rules. Upon suspension or termination, you will be responsible for any and all costs, charges, fees and expenses incurred by us as a result of a breach of any of these Rules. In addition, you understand that engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law) that you may be entitled to through your participation in the Program.
Who pays for gas?
You pay for your own gas.
We will always deliver Vehicles to you with a full tank of gas. While a Vehicle remains in your possession, you will purchase your own gas. When you return a 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 gallons required. We will charge you to recover the cost of replacing that gas either using the receipt from the gas station or at the price per gallon at the local market rate.
Notifying us of changes to your account.
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details; or
- Your eligibility to drive our Vehicles (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle.
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Provided you are otherwise in compliance with the terms of the Agreement, and this Schedule, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles, we simply want you to keep us informed.
To notify us of damage, select the appropriate option in our App. The application will prompt you to enter details of the damage and to take photographs of the incident using the camera on your phone.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 1-888-490-9077.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours from the time of the incident or the time that such report becomes publicly available and cooperate in all reasonable respects with any attempts to recover the stolen Vehicle.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 1-888-490-9077 so that we can get you moving again. If a problem arises that prevents or limits your use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our service centers, we will bring a replacement Vehicle for you to drive, subject to availability. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden for you to use our Vehicles to provide a jump start to any other vehicle.
What happens if you have an accident?
In case of an accident involving our Vehicle, you must obtain an official police report at the time of the accident or as soon as practicable, 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 to report the accident. When speaking with other parties and the police, be factual but do not admit fault; if you admit fault, you may be in breach of this Agreement. Once all emergencies and safety issues have been handled, call
- The date, time, and place of accident or incident;
- The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses and other people involved);
- 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);
- Any pictures and/or video of the scene including all cars and property involved in the accident;
- The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
- A summary of the circumstances of the accident or incident and any witnesses; and
- A police report is required, regardless of liability or fault, and should be attached.
You agree to cooperate fully with us in the investigation and/or defense of any claim or lawsuit arising from any accident. We may suspend or terminate your rental, in our sole discretion, until any investigation or litigation has been concluded.
You acknowledge and agree that any accident 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 WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT 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.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, 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 a Rental Period. You must notify us of any Tolls or traffic violation notices issued to you while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. Certain toll roads do not accept cash. To avoid toll Violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally.
If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee of up to $25 per Toll or Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $25 per Toll or Violation. We will endeavor to provide you with reasonable notice before we pay any penalties or fees attributable to you. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card method information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during the Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment method on file; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during the Rental Period.
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 us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
We will track your usage of our Vehicles to ensure proper use (to the extent permitted by law).
We want to offer Vehicles that are in excellent condition. In order to do that, we intend to keep track of how those Vehicles have been used and maintained by our renters to the extent permitted by law. This tracking of usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when a Vehicle accelerates unusually fast, brakes unusually hard or takes a corner at an unusually high speed. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO THE TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW).
We expect you to drive responsibly and to look after the Vehicles in your possession as a diligent owner might. In the interests of all of our customers, we reserve the right to suspend or cancel service for customers who treat our Vehicles in a manner that is not consistent with those expectations.