Schedule 1A – Porsche Passport Program Terms and Conditions
In addition to the Master Subscription Services Agreement, your participation in the Porsche Passport Program shall be subject to this Schedule 1A. You should carefully read and understand these additional terms and conditions before applying to our Program and before paying any application and/or Subscription Fees. By participating in the Program and continuing to use our Vehicles, you are deemed to have accepted and agreed to comply with all of the following rules, policies and guidelines.
Capitalized terms used in this Schedule 1A shall have the same meaning assigned to such terms in the Master Subscription Services Agreement.
Part A: Additional Program Terms and Conditions
Driver Age Restrictions. To be eligible to drive our Vehicles and participate in the Porsche Passport Program, you must be at least twenty-one (21) years of age.
Driver Residence Restrictions. You must reside or have a residence within the Service Area.
Program Registration. Potential members are asked to apply 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.
After submitting your application via the App, you will receive an email that confirms our receipt of your request. In some cases, but not all, we may be able to confirm your eligibility within one (1) business day. Either way, a customer service representative will call you within a reasonable time period after you apply to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
Changes in Program Plans. You may switch between the Porsche Passport Program Plans at any time within our App by providing ten (10) days’ notice prior to the start of the next Program Period, with such change effective at the beginning of the Program Period.
Delivery & Returns. All Vehicle deliveries and retrievals will be handled by us or our Authorized Representatives within the Service Area. All Vehicle deliveries and retrievals must occur during our hours of operation and within our Service Area, and you will be responsible for delivering and surrendering within the Service Area any Vehicle of which you have taken possession in connection with the Program to the designated location at the scheduled time in order to facilitate Vehicle deliveries and retrievals. We may require you to return a Vehicle for any reason or no reason at any time. You will comply with any return request and will make arrangements to have each Vehicle returned to us pursuant to the instructions provided by us in connection with a return request as soon as practicable, but in no event more than twelve (12) hours after a return request has been made, unless otherwise provided in this Agreement or in writing by us.
Subscription Period. The initial Subscription Period for a Vehicle is thirty (30) days. The Subscription Period will automatically renew (as described in Part B) provided that: (1) you are in good standing and in compliance with your obligations under the Agreement; (2) we may require you to return, or make available, the Vehicle for inspection; and (3) you return or exchange the Vehicle upon our request. You will pay the same Subscription Fee regardless of the total duration of the Subscription Period(s); however, you acknowledge that taxes, fees, and other charges payable for initial Subscription Period may be subject to change during subsequent Subscription Periods.
Insurance. If you are in good standing and are authorized to operate one of our Vehicles under this Agreement, and subject to you fulfilling your obligations under this Agreement, our insurance coverage (both third party and self-insurance) will apply to cover certain damages incurred in an accident (“Insurance”). The Insurance provides coverage for third party property damage and bodily injuries, as well as coverage for our Vehicles relating to an accident for which you may be legally liable. The coverage limit is a combined single limit of $1,000,000, with underinsured/uninsured motorist coverage limit of $300,000; physical damage is covered up to $125,000. You will be required to pay a $1,000 deductible per accident. Your personal property is not covered by the Insurance.
Where required by law, we provide Personal Injury Protection (“PIP”), or "no-fault" coverage as part of the Insurance, to the minimum level required by the jurisdiction in which the accident occurs or the claim is adjudicated, for injuries you may suffer in an accident. The Insurance provides up to $2,000 of medical payments coverage that may be applied against your own health care coverage in case of injury (typically offsetting against any “out of pocket” or “deductible” costs). Any personal injury coverage that you have available will be primary over any PIP or no fault coverage that we may provide where allowed by law. To the extent permitted by law, we have the sole discretion to accept or waive and reject the inclusion of uninsured motorist, underinsured motorist, supplementary no fault, or any other optional coverage, and we are hereby authorized to sign any forms or acknowledgments on behalf of you accepting or rejecting (at our discretion) such coverage. If any such protection is imposed by operation of law, then the limits of such protection will be the minimum required for primary liability protection by the law of the jurisdiction in which the accident occurs.
No coverage is provided for any use of our vehicles by any unauthorized driver as defined by the terms of this Agreement. However, if such coverage is mandated by law, then the limits of such protection will be the minimum financial responsibility limits required by law in the jurisdiction where the accident occurs or the claim is adjudicated
(a) Termination by You. You may terminate your subscription at any time and for any or no reason upon thirty (30) days prior notice by calling us at 1-888-369-9904 or by contacting us via email at firstname.lastname@example.org.
(b) Termination by Us. In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason or no reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the Subscription Period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription 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 due under this Agreement;
(b) You or any Secondary Driver fail to comply with any term or condition specified in this Agreement;
(c) You fail to meet the eligibility criteria;
(d) You or any Secondary Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Secondary Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(e) You or any Secondary Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive or otherwise unacceptable; 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 under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, 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.
Part B: Schedule of Fees
We currently offer the following Porsche Passport Program Plans:
• $3,100 per month entitles subscriber to the use of one Vehicle at any time
• Subscription Fee is inclusive of Insurance, reasonable maintenance, and unlimited vehicle exchanges
• A one-time activation fee of $595 is required for all new Program subscriptions
• A deposit may be required in our sole discretion
• $2,100 per month entitles subscriber to the use of one Vehicle at any time
• Subscription Fee is inclusive of Insurance, reasonable maintenance, and unlimited vehicle exchanges
• A one-time activation fee of $595 is required for all new Program subscriptions
• A deposit may be required in our sole discretion
• Late Payment Fee: the lesser of: (i) $50.00; (ii) 5% of your Subscription Fee; or (iii) the maximum permitted by the law of your jurisdiction.
• Passport Excess Mileage Fee: $1 per mile for each mile traveled in excess of 2,000 miles per month.
• Refueling Fee: Market rate as further described in Part C
• Electronic Toll Payment Processing Fee: $25
• Electronic Toll Payment Convenience Fee: $25
• Additional Cleaning Fee: $250
• Subscription Hold Fee: $300 (if applicable, at our discretion)
• Reactivation Fee: $0
*You are responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. As a convenience, the cost to refuel a Vehicle after an exchange (without mark-up) will be charged to your account. Similarly, if your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, you may be responsible for an additional cleaning fee. See Part C below for more information.
Subscription Fee Payment Terms
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial Subscription Period is thirty (30) days followed by monthly sequential Subscription Periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Subscription Plan selected and is payable on a monthly basis for each subscriber. We may choose to change the amount of the Subscription Fee from time to time or offer discounts to certain subscribers. We will notify you of any material changes in accordance with these Rules.
By subscribing to our Program, you are authorizing us to charge the Subscription Fee to your credit card on file each month. If we are unable to process your monthly Subscription Fee on the date it is due, we will charge you a late fee in addition to the Subscription Fee. If you pay late twice, we will move your account billing cycle forward so that your account will be billed seven (7) days in advance of your Subscription Period going forward.
We may change the Subscription Fee or impose additional costs or fees from time to time, including when you add a Secondary Driver to your account, to the fullest extent permitted by law. We will notify you of any changes to your fees in accordance with these Rules.
Payment of the Subscription Fee, in advance of each Subscription Period, is required in order to maintain a subscription to our Program.
Changes in fees
We will always inform you clearly when the cost of a Subscription Fee is changing. If you have made a request to us that results in a change in the Subscription Fees that you owe to us, then we will inform you of these changes before processing your request and we will follow up with a confirmation email to you. If we need to initiate a change in our Subscription Fees, then we will send you an email clearly communicating those changes. The communication will lay out the original Subscription Fee, the new Subscription Fee and the effective date of the change.
Part C: How it Works and Rules of Use
How our subscriptions work.
Active subscribers of the Program have the right to use one of our Vehicles, subject to availability. Subscribers will also have the right to exchange their current Vehicle for a different type of vehicle, again subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved and we have confirmed your reservation for the Vehicle. Subsequent Vehicles will be delivered when you exchange your current Vehicle for another Vehicle in our fleet by notifying us of your request to swap through our App (preferred method), email, text message, or by calling our service number. If you would prefer to pick up a Vehicle, then we can arrange for pick-up at one of our service locations.
During 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 exchange one Vehicle for another?
You can initiate an exchange of Vehicles using our App (preferred method). If necessary you can also initiate an exchange by contacting us via SMS, instant messaging, email or phone. On our App, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates via SMS or instant messaging on the status of your request up to and during the exchange of Vehicles.
We will deliver a Vehicle to you within the Service Area and you will be responsible for surrendering any other Program vehicle to us at that time. We will deliver the Vehicle on a specified day and time within our hours of operation and the Service Area as set forth in the confirmation you receive. At the time when you surrender a Vehicle to us, the Vehicle should be in good working condition and ready for use by another driver. We will assist you in swapping your belongings between Vehicles and getting you set up in the new Vehicle. Upon request, as indicated by options selected in our App or in communications with our staff via SMS, instant messaging, email or phone, we will swap your belongings between Vehicles without requiring that you be present. In all circumstances, you agree not to hold us or any of our employees liable for the loss of or damage to any personal property, whether it is yours or belongs to another person, incurred in the process of swapping your belongings between Vehicles.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. 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.
If you fail to comply with these good driver Rules, we may suspend, or may even terminate, your subscription at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the primary driver on the account. In addition, you will have the option to request that one additional driver be authorized by us and added to your account as a Secondary Driver. An authorized Secondary Driver must be 21 years of age. In general, only you, as the subscriber, and your authorized Secondary Driver on your account may drive our Vehicles under your subscription; however, all fees, damage and charges incurred by you or any driver of our Vehicles under your subscription shall be your responsibility. Except in an isolated case of emergency to avoid the loss of life, injury or severe property damage, no one else may drive your Vehicle.
If you need for another person who is not listed on your subscription as an authorized Secondary Driver 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 be over 21 years of age and have a valid driver’s license. This exception is not intended to allow habitual use of our Vehicles by any person who is not an authorized Secondary Driver under your subscription. If we find that you have repeatedly violated this Rule, we may terminate your subscription 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?
You may drive our Vehicles up to 2,000 miles per month without incurring any additional fees. If you exceed the mile limitation in any monthly subscription period, you will be charged $1 per excess mile. The App keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the following month (accrued mileage for your account) for a maximum of two consecutive months.
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. We will notify you when the Vehicle requires maintenance, and you will coordinate a time with us when this maintenance can be completed. In general, we will give you five (5) days’ notice prior to any routine maintenance, and you should be available for a Vehicle exchange within seven (7) days of your receipt of this notice. We may be able to meet you to perform the maintenance at your location, subject to the type of maintenance that has to be performed.
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 1-888-369-9904. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities.
In general, our aim is to take care of all reasonable maintenance and service for our Vehicles so that you do not ever need to worry about such matters. However, we understand that circumstances may arise where you might want to pay for maintenance work or have repairs made in order to help keep the Vehicle roadworthy in an expeditious manner. In these circumstances, we will reimburse you for reasonable Covered Expenses that you incur. “Covered Expenses” are defined as any expense for necessary maintenance or repairs with a cost not exceeding $1,000. If at all possible, we ask that you seek authorization in writing (including via SMS, instant messaging or email) and in advance by one of our representatives. If a repair will cost more than $1,000, you must contact us so that we can determine the appropriate course of action to take. Our representatives are not authorized to approve repairs in excess of $1,000 without the approval of a supervisor. If you pay for a Covered Expense, you must keep the actual receipt reflecting the item or service purchased and the date and time of purchase, which must be during your Subscription Period, and note on it the odometer reading at the time of the purchase. Please print your name on the receipt and send us the receipt within thirty (30) days of purchase and we will credit such amount to the credit/debit card you have on file for the applicable subscription. No credit or refund will be given without a receipt, or if the receipt is submitted more than thirty (30) days more after the purchase date.
Vehicles may require emergency roadside assistance from time to time. We provide access to emergency roadside assistance and support as part of our Program. 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 Rules.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program 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. We may, in our sole discretion, charge your account as these charges are incurred or add it to your next monthly bill.
Notifying us of changes to your account.
You are required to notify us promptly, but in no event more than twenty-four (24) hours, 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
• Eligibility of you or a Secondary Driver (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, these Rules, and the Schedules, 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 1-888-369-9904.
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. Provided you are otherwise in compliance with the terms of the Agreement, we will provide you with a new Vehicle as promptly as possible, subject to availability.
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 1-888-369-9904 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 Porsche Passport at 1-888-369-9904. Our representative will guide you through the accident reporting process. You will need the following information:
• 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 your subscription and your use of our Vehicles and participation in the Program, 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 Program Period. You must notify us of any Tolls or traffic violation notices issued to you or a Secondary Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Violations will be your responsibility if they occur during your Program Period. 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 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 a Program Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment method you use for your Subscription Fees; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Program 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 on the Schedule 3 (Schedule of Fees and Payment Terms). 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 subscribers 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 subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that should reasonably be detected, or who act in a manner inconsistent with these Rules, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.