Porsche

Schedule 1B – Porsche Drive Program Terms and Conditions

In addition to the Master Subscription Services Agreement, your participation in the Porsche Drive Program shall be subject to this Schedule 1B. You should carefully read and understand these additional terms and conditions before registering to use our Program. By participating in the Program, 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 1B 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 Drive Program, you must be at twenty-seven (27) years of age.

Program Registration. 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.



Rental Period. 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.

Insurance. 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.

Termination. 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.

Part B: Schedule of Fees

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.

Rental Fee. Porsche Drive Rental Rates are accessible via www.porschedrive.us and on the Porsche Passport app. You agree to pay us rental fees at the then-current daily rental rate associated with the Vehicle you choose when you make a reservation plus applicable taxes, fees, and surcharges that are incurred in connection the use of the Vehicle associated with your account. The payment method you provided that is on file will be charged automatically for rental upon ending the reservation. All daily rates are based on a twenty-four (24) hour period beginning on the date and time noted in your account record. We charge for “full days” only, which means that you will be charged for one day every twenty-four (24) hours, even if you return the Vehicle during the twenty-four (24) hour cycle. For example, if a Vehicle is delivered to you at 10 AM on Wednesday, and you return it at 3 PM on Thursday, you will be charged for two (2) days.

Late Fee. 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.

Cleaning 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.

Security Deposit. 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.

Cancellations. 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.

Other Charges. 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.

Part C: How it Works and Rules of Use

How do you receive a Vehicle?



In general, we will deliver your Vehicle to you after we have confirmed your reservation for the Vehicle you would prefer to pick up a Vehicle, then we can arrange for pick-up at one of our service locations.



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?



We will be happy to help you connect your Bluetooth phone and to create pre-sets for your favorite radio stations and common GPS destinations. If you choose to do so, please note that such use shall be subject to any applicable terms and conditions and/or privacy policy which are separate from the Agreement in which these Rules are incorporated, and the Vehicle may automatically load your address book, store your incoming, outgoing and missed telephone calls, and other information from your device. You should follow the steps displayed on the Vehicle system screen to delete this information and the device from the Vehicle's memory.



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 Porsche Drive at 1-888-490-9077. A Porsche Drive 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 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.

©2019 Porsche Cars North America, Inc. Porsche recommends seat belt usage and observance of traffic laws at all times. Porsche Drive vehicles requested subject to availability.