Terms and Conditions - ZEROCAR - Tesla Car Rental & Car Share Services

Terms and Conditions Canada

UPDATED 10/02/2021

Entire Agreement. These Terms and Conditions, any additional agreement signed by you, the Privacy Notice, rental documents and a return record with computed rental charges together constitute the rental agreement (“Agreement”) between yourself and CARBON FREE MOBILITY INC..
General Information. You rent from us the car described on the rental document, which rental is solely a bailment for mutual benefit. You agree to the terms below, provided any such term is not prohibited by the law of a jurisdiction covering this rental, in which case such law controls. “You” and “your” refer to the person who signs the Agreement, “we”, “our” and “us” refer to CARBON FREE MOBILITY INC. You also agree that you are not our agent for any purpose; and that you cannot assign or transfer your obligations.
Changes. Any change in the Agreement or our rights must be in writing and signed by an authorized CARBON FREE MOBILITY INC. officer. You further agree that we have the right to change these Terms and Conditions from time to time either upon written notice to you, in paper or electronic form, or upon our posting such changes on the CARBON FREE MOBILITY INC. website. Such changes will apply to rentals that you reserve after such notice has been given, as indicated by the date of such notice, if sent in written form, or the date such changes are posted on the CARBON FREE MOBILITY INC. web site, which date will be indicated therein, without any requirement by you to sign the changed Terms and Conditions. Changes to the Terms and Conditions will be posted as they occur on the CARBON FREE MOBILITY INC. web site at https://zerocar.ca/terms and will govern all rentals even if the terms provided at time of enrollment are different.
Meaning of Car. The word “Car” means the vehicle rented to you or its replacement and includes tires, tools, equipment, accessories, plates, and documents, unless otherwise explicitly specified in the Agreement.
Who May Drive The Car. You represent that you are a capable and validly licensed driver. You agree that we have the right to verify that your license has been validly issued and is in good standing and remains in good standing as a condition precedent to each rental; and that we may in our sole discretion refuse to rent to you if your license has been suspended, revoked, otherwise restricted in any way. We reserve the right to deny rentals based upon information about your license status, authenticity of the credential, or driving record provided by the Motor Vehicle Department of the jurisdiction that issued your license or any other reliable source in the business of validating an identity or the driver’s license credential. We reserve the right to periodically validate your driving credentials. Except where otherwise specifically authorized by applicable law, only you, your spouse or domestic partner, or, if you rent from us under your employer’s corporate account agreement, your employer or a regular fellow employee incidental to business duties may drive the car, but only with your prior permission. The other driver must be at least 25 years old and must also be a capable and validly licensed driver. There may be a charge for each additional driver authorized to drive the car, which will be specified on the rental document.NOTICE FOR RENTALS As the renter or signatory of the Agreement, you certify that you hold a valid driver’s license for the appropriate class authorizing you to drive the car or cars described in the contract and you undertake to ensure that any person called upon to drive the said car or cars also holds a valid driver’s license for the appropriate class pursuant to local law.
Return of the Car. You agree to return the Car to us in the same condition you received it, ordinary wear and tear excepted, on the date, at the time, and to the location specified in the rental document. You must return it sooner on our demand. If you return it earlier or later, a different or higher rate may apply and, if returned later, you may also be charged a late return fee. You may not return the Car outside of the return location’s operating hours. If you do, your responsibility for damage to or loss of the Car will continue and all charges stated on the rental document as a periodic rate will continue to accrue until the return location reopens and we retake actual possession of the car. If we do not find the Car when our location opens, your responsibility for all charges and for damage to or loss of the Car will continue until the car is actually returned or recovered. If you wish to extend any rental you must contact us at 604-473-3637 or an otherwise approved method to request it before your return date. We may or may not grant an extension or decline to grant it for the entire period you request, in our sole discretion. If we do grant an extension a different or higher rate may be applied to the extension period and a service fee may also apply.
Where You’ll Return the Car. The Car must be returned to the agreed return location as specified on the rental document. If return is indicated to a location other than the location where your rental commences, you may have to pay a “one way service fee.” If you return the Car to a different location from the agreed return location without our permission, you agree to pay the “Unauthorized return location fee” specified by us.

Rental Charges. You will pay for the number of miles/kilometers you drive and the period of time you rent the car at the rate indicated on the rental document, or your applicable corporate rate. The minimum charge is one day (24 hours), unless “calendar day” is indicated on the rental document, plus mileage/kilometerage, or a fixed fee. We will determine the miles/kilometers by reading the factory-installed odometer or utilize the vehicle’s telematics device. The daily charge applies to consecutive 24-hour periods starting at the hour and minute the rental begins or, if a calendar day is specified on the rental document, each consecutive calendar day or any part of a calendar day starting on the calendar day on which the rental occurs. If you fail to comply with any conditions for special rates specified on the rental document our otherwise applicable rates will be charged. You’ll pay all charges that apply to the rental for miscellaneous services and, where permitted, airport facility fees and/or concession recovery fees, vehicle license recovery fees, other fees and surcharges.a. You will also pay a reasonable fee for cleaning the Car’s interior if returned in an excessively dirty condition that requires extra cleaning. This includes, but is not limited to, spillage of fluids, food, vomit, other stains, and unpleasant odours. We maintain a non-smoking fleet, including e-cigarettes. If you return the car and it smells of smoke, you will be charged a minimum of $250 for deodorizing the car.
b. If key(s) are not returned with the Car, you may be charged an additional fee.
c. You and any third party to whom any rental charges are billed, such as an insurer or employer, are jointly and severally responsible for payment of all such charges. If you direct us to bill any such charges to a third party, you represent that you are authorized to do so.
d. If you use a Car with automatic toll payment capability, see the disclosures in our “e-Toll” paragraph below.
e. To the extent you utilize any rate/benefit discount code in association with a rental, you represent you meet the requisite criteria for utilizing such discount code. Any other use will be viewed as an unlawful use and theft of services for which CARBON FREE MOBILITY INC. can pursue legal remedies, including, but not limited to, reasonable attorneys’ fees and costs, and may void any associated discounts or rental benefits.
Taxes, Surcharges & Fees. You’ll also pay all applicable taxes as well as any additional charges provided on the rental documents which are over and above the base rental rate. These may be surcharges and or recovery fees to recover certain costs.
Liability Insurance. We have obtained all mandatory automobile insurance with respect to the Car. The limits of Third Party Liability provided under this policy of insurance are equal to or greater than the minimum amount(s) required by law. Evidence of the insurance is available for inspection. By driving the Car, You and any other authorized to drive the Car are agreeing to comply and be bound by all terms, conditions, limitations, and restrictions of this insurance policy which are made a part of this Agreement by reference.Under the terms of this Agreement in the event of loss or damage to the Car not covered by Our insurance, You are jointly and severally liable and responsible for up to the full value of such loss or damage, plus costs.
Repair or Loss and Reporting to Police. The Car shall not be serviced or repaired, and parts and accessories shall not be replaced without Our prior consent. You shall alert Us to any damage incurred to the Car. You shall be responsible for any loss or damage to the Car and loss of use, diminution of the Car’s value caused by damage or repair to it and missing equipment. In the event You are involved in an accident, or the Car is subject to theft or vandalism, You shall report the accident or incident to local Police as soon as practicable, and provide a copy of the accident report by delivering it to the CARBON FREE MOBILITY INC. rental location. In order to make a claim or give notice of a claim, send written notice to:CARBON FREE MOBILITY INC. Attn: ClaimsUnit 2120 – 21000 Westminster HwyRichmond, BC V6V 2S9 Canada1-604-473-3637
Condition of the Car. The Condition of Vehicle Checklist (“Checklist”) attached is hereby incorporated by reference. You acknowledge that You have inspected the Car and that it is in good condition except as otherwise specified in the Checklist. We make no warranty, express or implied, regarding the course of dealing, course of performance, usage of trade or otherwise, and expressly excludes and disclaims all warranties and representations of any kind, including any warranties of merchantability and fitness for a particular purpose.
Card Reserve. You acknowledge that you have been informed that if you use your credit, up to an amount of the estimated total charges due under the Agreement, as indicated on the rental document, based on your representation about this rental, may be set aside or reserved by the card issuer of the card, which you present for payment of your rental charges; or, if you use a debit card funds in the account to which that card is linked may be set aside for the greater of the amount of the estimated total charges due under the Agreement, based on your representation about this rental, as indicated on the rental document or the deposit amount indicated on signs at the location at which you rent at the time of rental. You consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental. You understand that we will authorize the release of any excess reserve or set aside upon the completion of your rental, and that your card issuer’s rules apply to your credit line or your account being credited for such excess and may not be immediately released by your card issuer.
Repossessing the Car. We can repossess the car at any time in our sole discretion for reasons that include, but are not limited to the following: it is found illegally parked, being used to violate the law or the terms of the Agreement, or appears to be abandoned. You agree that we needn’t notify you in advance. If the car is repossessed, you agree to pay the actual and reasonable costs incurred by us to repossess the car. You agree that such costs will be charged to the card you used to rent the car.
Damage to/Loss of the Car. If the car is lost or damaged as a direct or indirect result of a violation of paragraph 16, or damaged as a result of an act of nature, you are responsible and you will pay us for all loss of or damage to the car regardless of cause, or who, or what caused it. If the car is damaged, you will pay the greater of the car’s retail fair market value or its value on our books of account (also known as depreciated book value) before theft or, in the case of damage, the sale proceeds. Depreciated book value may be higher than retail fair market value. Where permitted by law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, tires and antenna, as part of your rental charges at the time of return. If the car is stolen and not recovered you will pay us the car’s fair market value before it was stolen. As part of our loss, you’ll also pay for loss of use of the car, without regard to our fleet utilization, plus an administrative fee, plus towing and storage charges, if any (“Incidental Loss”). If your responsibility is covered by any insurance, credit card benefit, travel insurance or such other insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and assign all of your benefits directly to us to recover all consequential and incidental damages including, but not limited to the repairs of the car plus diminished value or the fair market retail value of the car (less salvage value plus costs incurred in the salvage-sale), and all loss of use, towing, storage and administrative fees. If we collect our loss from a third party after we have collected our loss from you, we will refund the difference, if any, between what you paid and what we collected from the third party. If the law of a jurisdiction covering this rental requires conditions on Loss Damage Waiver that are different than the terms of this Agreement, such as if your liability for ordinary negligence is limited by such law, that law prevails. You understand that you are not authorized to repair or have the car repaired without our express prior written consent. If you repair or have the car repaired without our consent, you will pay the estimated cost to restore the car to the condition it was in prior to your rental. If we authorize you to have the car repaired, we will reimburse you for those repairs only if you give us the repair receipt.
Prohibited Use of the Car. Certain uses of the car and other things you or a driver may do, or fail to do, will violate the Agreement. A VIOLATION OF THIS PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR RENTAL, AND IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED, INCLUDING BUT NOT LIMITED TO SUPPLEMENTAL LIABILITY INSURANCE, PERSONAL ACCIDENT AND EFFECTS INSURANCES, EXTENDED ROADSIDE ASSISTANCE, EMERGENCY SICKNESS PROTECTION AND LOSS DAMAGE WAIVER OR PARTIAL DAMAGE WAIVER. IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR.It is a violation of this paragraph if:a. You use or permit the car to be used: 1) by anyone other than an authorized driver, as defined in paragraph 5; 2) to carry passengers or property for hire; 3) to tow or push anything; 4) to be operated in a test, race or contest, or on unpaved roads; 5) while the driver is under the influence of alcohol and/or a controlled substance and/or otherwise impaired; 6) for conduct that could be charged as a crime such as a felony or misdemeanor, including the transportation of a controlled substance or contraband, or illegal devices; 7) recklessly or while overloaded; or 8) if the car is driven into Mexico without our expressed permission.b. You or an additional driver, authorized or not: 1) fail to promptly report any damage to or loss of the car when it occurs, or when you learn of it and provide us with a written accident/incident report or fail to cooperate with our investigation; 2) where required by law, failed to report an accident to law enforcement; 3) obtained the car through fraud or misrepresentation; 4) leave the car and fail to remove the keys or close and lock all doors, close all windows and the trunk and the car is stolen or vandalized; 5) intentionally or with willful disregard cause or allow damage to the car, or 6) return the car after hours and the car is damaged, stolen or vandalized or otherwise failed to take reasonable steps to secure the car, its keys or other remote entry and starting devices.c. Driving or operating this car while using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages shall be deemed a breach of this contract.
Fuel Service Charge. Some of our cars come with gas, in those cases they will come with a full tank of fuel, but that is not always the case. a. You may avoid a fuel service charge if you return the car with the fuel tank as full as when you received it
b. If not return with equal or more gas than car was provided with we will charge you a fuel service charge at the applicable below rate:i. 1/4 tank = $40
ii. 1/2 tank = $70
iii. 3/4 tank = $100
e-Toll. If you do not pay cash for tolls or the roadway does not accept cash payment, you automatically opt into our e-Toll service, pursuant to which you agree to pay us or our toll program administrator, with whom we will share your credit card/debit information, for all tolls incurred during your rental and all related fees, charges and penalties. Under the e-Toll program, once you pass through an electronic toll, you will pay a convenience fee of $5, plus incurred tolls at the maximum prevailing rates posted by the toll authority. You can avoid the convenience fee and any other charges by paying the toll in cash, using your electronic toll device, or avoiding any cashless toll road or passage. The charges may take 4-8 weeks after the rental to be billed to your credit card/debit card on file.
Fines, Expenses, Costs and Administrative Fees. You’ll 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 the 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 and penalties on your behalf directly to the appropriate authority and you will pay us for what we paid to the appropriate authority or their designated agents plus a reasonable administrative fee. You agree and acknowledge that we cooperate with all federal, state/provincial, municipal and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required.You authorize us to release the rental and credit/debit card information regarding your rental to either ATS Processing Services, LLC (ATS) or Violation Management Services (VMS) as our agent or another agent we appoint for the purpose of processing and billing you for any tickets, citations, fines and penalties incurred by you or assessed against us or the car during your rental plus a reasonable administrative fee not to exceed $50 per violation. You authorize as our agent ATS, VMS or another agent we appoint to bill you directly to the credit/debit card you used to rent the car. You authorize ATS, VMS or another agent we appoint to contact you directly regarding any tickets, citations, fines and penalties incurred by your or assessed against us or to our car while the car was rented to you.In the event we use a third party collection and or agent to resolve any tickets, citations, fines and penalties, you agree to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest.You agree to indemnify and hold us, ATS, VMS and any other agent we appoint harmless for any tickets, citations, fines, penalties and administrative fees.

You understand and agree that unless required by applicable law we will not provide:a. coverage for fines, penalties, punitive or exemplary damages;

b. coverage for bodily injury to you, or your death, while not a driver, or any member of your family or the driver’s family;

c. defense against any claim after applicable limits or coverage that you furnish have been tendered;

d. supplementary no fault, non-compulsory uninsured or undersigned motorist coverage, and any other optional or rejectable coverage, and you and we reject all such coverages where and to the extent permitted by law. Where any of these coverages are required or implied by law, the limits shall be the minimum required under the applicable statute.There is no coverage in Mexico and the car may not be taken into Mexico under any circumstances.

20. Indemnification and Waiver. You shall defend, indemnify, and hold us, our parent and affiliated companies harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by us in any manner from the Agreement, rental transaction or from the use of the car by you or any person, including claims of, or liabilities to, third parties. You may present a claim to your insurance carrier for such events or losses; but in any event, you shall have final responsibility to us for all such losses. You waive any claim against us for incidental, special or consequential damages in connection with the rental. You agree that if the rental takes place at a location operated by CARBON FREE MOBILITY INC..

21. Property in the Car. We are not responsible for loss of or damage to any property in or on the car, in any service vehicle, on our premises, or received or handled by us, regardless of who is at fault. You’ll be responsible to us for claims by others for loss or damage.

22. Currency Conversion. If you use a credit or charge card that is issued by a financial institution outside of the Canada and your charges are billed to us in a currency other than Canadian Dollars, the full amount of your charges will be converted to the card account’s billing currency by us unless you have instructed us not to perform the conversion process on your personal account profile or submitted a written request in advance to have the currency conversion performed by your card issuer.

23. Error in Rental Charges. The charges shown on the return record are not final and are subject to review. You’ll pay any undercharges and you’ll receive a refund for any overcharges we discover on review.

24. Collections. If you do not pay all amounts due to us under the Agreement upon demand, including all charges, fees, expenses, fines, penalties, and all matters associated with the rental of the car including, without limitation, payment for loss of or damage to the car, rental charges, parking, red light and traffic fines and penalties, toll charges, towing, storage and impoundment fees, we will take the following actions: a) You agree to pay a late charge of 2% per month on the past due balance or the highest rate permitted by applicable law, whichever is less (collectively, “Charges”). b) You agree to also pay for any costs that we incur in seeking to collect such Charges including, without limitation, court costs and attorney’s fees in addition to any administrative fees, cost of recovery, insufficient funds fees and collection fees (collectively, “Costs”). If the law permits, you authorize us and our collection agent, to contact you or your employer, at your place of business about the payment of any past due Charges or Costs. You also agree that we or our collection agent(s) may access the personal information that you provided to us in any effort to collect any Charges or Costs under this section and may use the address provided by you on the rental document, or in any customer profile, as the place to send any demands or collection notices. c) In the event that you presented a credit card or debit card for payment, you understand that we may report such deficiency to an appropriate credit reporting agency and you also authorize us to share that credit and debit card information with third party collection agents and further authorize us or our collection agents to charge any amounts due to us including, but not limited to, the Charges and Costs referenced above, to that credit or debit card.

25. Arbitration. Pre-Dispute Resolution Procedure: Before asserting a claim in any proceeding (including, but not limited to, in an individual arbitration or in a small claims proceeding), you and CARBON FREE MOBILITY INC. agree that we shall give the other party written notice of the claim to be asserted 30 days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you are intending to assert a claim against CARBON FREE MOBILITY INC., you must send the written notice of the claim to Attention: CARBON FREE MOBILITY INC., Unit 2120 – 21000 Westminster Hwy, Richmond, BC V6V 2S9, Canada. If CARBON FREE MOBILITY INC. is intending to assert a claim against you, we will send the written notice of the claim to you at your address appearing in our records. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE-DISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF).

26. Use of GPS Tracking Devices. We use GPS tracking devices to track or locate cars which may be reported stolen, suspected of being lost, stolen or abandoned, or as may be required by law enforcement, or to identify cars which have been damaged and may require roadside assistance, when we have a good faith belief that there is an emergency that poses a threat to your safety or the safety of another person, or as necessary to defend, protect or enforce our rights in connection with the use of our products and/or services.

27. Connected Car & Location DataEquipment. Certain cars contain devices that monitor the car’s condition, performance and operation, track fuel consumption, distance travelled, location and other information (the “Connected Car Data”), and may transmit such Connected Car Data to us, our third party providers and/or the car manufacturer. Some or all of these communications are turned on all the time, even when other services or other media in the car are turned off. We cannot guarantee that a car without these features will be available at your time of rental.These devices may have been installed by us, on our behalf, or by the car manufacturer. If the devices are installed by the car manufacturer, the car manufacturer will process the Connected Car Data in accordance with its privacy notice. We do not provide the car manufacturer with your personal information (PI), unless authorized by you, necessary in connection with the provision of services provided through such car manufacturer, or required by law. We may enter into agreements with car manufacturers to receive some or all of the Connected Car Data collected by these devices. We may use a third party to process the Connected Car Data on our behalf. We do not provide the third party processor with your personal information (PI), unless authorized by you, necessary in connection with the provision of services provided through such third party, or required by law.Uses. If equipped and where permitted by law, we use these devices and the Connected Car Data for some or all of these purposes: (i) to provide certain aspects of our services to you e.g. remote lock/unlock, remote disable engine/cancel ignition, and automatically transmit vehicle data such as location, odometer, fuel level and other data during the rental; (ii) to manage your car rental e.g. start your rental, exchange or upgrade your car; (iii) to enable us to better understand how our cars are being used; (iv) to optimize our operations; (v) to assist in the handling of any liability or property damage claims; (vi) to provide roadside assistance services; (vii) to assist in the recovery of cars which are overdue, lost or reported stolen, or suspected of being lost or stolen; (viii) to develop new products and services and enhance our existing products and services; (ix) to respond to requests from law enforcement and/or regulatory authorities; (x) as necessary to defend, protect or enforce our rights in connection with the use of our products and/or services, (xi) to protect the rights and/or property of CARBON FREE MOBILITY INC. or third parties; (xii) when we have a good faith belief that there is an emergency that poses a threat to your safety or the safety of another person, or in other circumstances in which we reasonably believe our cars are being or have been used in violation of law or otherwise in the commission of a crime; and (xiii) to comply with law. Connected Car Data is collected, used, retained & disclosed for purposes stated in the Privacy section below.

28. Other Important Provisions. We may transfer our rights and obligations under these Terms and Conditions to another organization, but this will not affect your rights or our obligations. You may only transfer your rights or obligations under these Terms and Conditions to another person if we agree in writing. If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Each of the provisions of these Terms and Conditions operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

29. Severability. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.