Schedule 1 – Porsche Passport Program Terms and Conditions
In addition to the provisions found in the body of the Master Subscription Services Agreement, your participation in the Porsche Passport Program shall be subject to this Schedule 1. You acknowledge that you have carefully read these additional terms and conditions in their entirety and that you have understood all of them before applying to use our Services and before paying any Program Fees due under this Agreement including, without limitation, the Passport Membership Fee. By participating in the Program, you are deemed to have accepted and agreed to comply with all of the following terms and conditions.
Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the Master Subscription Services Agreement.
Part A: Additional Program Terms and Conditions
1. Driver Age Restrictions. To be eligible to rent and drive the Vehicles and participate in the Program, you must be at least twenty-five (25) years of age.
2. Driver Residence Restrictions. You must reside or have a residence within the Service Area.
3. 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 licence and payment details. You must select the Porsche Program in the App (no cost to register).
After submitting your application via the App, you will receive an email that confirms our receipt of your rental request. In some cases, but not all, we may be able to confirm your eligibility within one (1) business day. A customer service representative will call you within a reasonable time period after you register 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 rental and work with you to coordinate its delivery.
4. Changes in Program Plans. You may switch between the then-current Program Plans at any time within our App by providing at least ten (10) days’ written notice prior to the start of the next Program Period, with such change to take effect at the beginning of such Program Period.
5. 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 normal hours of operation and within our Service Area, and you shall 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 shall have the right to require you to return a Vehicle for any reason or no reason at any time. You shall comply with any such 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.
6. Rental Term. You agree that any individual rental term for a Vehicle shall never exceed thirty (30) days.
7. Passport Membership Periods. The initial Passport Membership Period is thirty (30) days. The Passport Membership Period will automatically renew subject to each of the following conditions: (a) you are in good standing and in compliance with your obligations under this Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; (c) you return or exchange the Vehicle upon our request; and (d) the total combined length of the initial Passport Membership Period and the renewal Passport Membership Period(s) does not exceed twelve (12) months. You will pay the same Passport Membership Fee regardless of the total duration of the Passport Membership Period(s); however, you acknowledge that taxes, fees, and other charges payable for initial Passport Membership Period may be subject to change during subsequent Passport Membership Periods.
8.1. Insurance Coverage. The party renting the Vehicle to you (the “Rental Company”) will comply with applicable automobile insurance or other motor vehicle financial responsibility law by obtaining insurance coverage for the benefit of qualifying persons. If you and the Secondary Drivers have complied with all of the terms and conditions of this Agreement (including this Schedule and the rules of use set out in Part C herein), and if the Rental Company is obligated to extend its automobile insurance or other motor vehicle financial responsibility to you, Secondary Drivers, passengers or other third parties, then the obligation of the Rental Company to so extend is limited to the applicable provincial or territorial minimum insurance or financial responsibility amounts save and except as follows:
(a) liability insurance coverage for bodily injury or death or damage to the property of others, will be to a maximum combined single limit of $5,000,000 per person per accident or such higher limits as the Rental Company may in its sole discretion elect to provide;
(b) comprehensive and collision damage coverage covering loss of or damage to the Vehicle itself, including loss by fire, theft, collision and other risks of loss or damage as are customarily covered by a government-regulated, non-commercial automobile insurance policy issued in the jurisdiction where the Vehicle is rented, will be provided in the amount of the full replacement cost of the Vehicle, as new; and
(c) uninsured or unidentified motorist coverage for bodily injury or death or damage to the Vehicle, will be to a maximum combined single limit of $5,000,000 per person per accident or such higher limits as the Rental Company may in its sole discretion elect to provide.
The Rental Company’s automobile insurance policy (i) contains exclusions, conditions and limitations applicable to anyone claiming coverage thereunder, and you hereby agree to be bound by them, and (ii) applies only in Canada and the contiguous United States of America.
NO OTHER INSURANCE IS PROVIDED BY THE RENTAL COMPANY. TO THE EXTENT PERMITTED BY LAW, USE OF A VEHICLE IN VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT IS WITHOUT PERMISSION, IS A BREACH OF THIS AGREEMENT, AND DISQUALIFIES YOU AND ANY DRIVER FROM THE RENTAL COMPANY’S APPLICABLE AUTOMOBILE INSURANCE OR OTHER MOTOR VEHICLE FINANCIAL RESPONSIBILITY.
8.2. Rental Company / Owner’s Insurance is Excess. Except where required by law to be primary, any insurance or self-insurance maintained by the Rental Company or the owner of the Vehicle (the “Owner”) and applicable to the Vehicle, shall be secondary to any applicable insurance or self-insurance available to you, Secondary Drivers or any other third parties from any source, whether primary, excess, secondary or contingent in any way. If valid automobile liability insurance or self-insurance is available on any basis to you, a Secondary Driver or any other driver and such insurance or self-insurance satisfies the applicable automobile insurance or motor vehicle financial responsibility law, then such insurance shall be primary, and, subject to section 8.1 hereof, neither the Rental Company nor the Owner extends any of its insurance or motor vehicle financial responsibility to any person.
8.3. Optional Insurance. Without in any way limiting the generality of the foregoing, but subject to section 8.1 hereof, if the Rental Company’s and/or Owner’s insurance coverage or motor vehicle financial responsibility for the Vehicle includes supplementary no fault, non-compulsory, uninsured or unidentified motorist coverage, or any other optional or rejectable coverage, then the Rental Company and/or Owner shall not be required to extend any such insurance coverage or motor vehicle financial responsibility to you, Secondary Drivers, passengers or other third parties.
8.4. Your Deductible Obligations. You will be responsible for a deductible of $1,000 if (a) any accident occurs or damage is suffered in respect of the Vehicle by reason of your fault or the fault of any driver of the Vehicle, (b) fault for any accident or damage cannot be determined, or (c) damages for any accident or loss cannot be recovered from a third party.
8.5. Your Other Financial Responsibility. Without in any way limiting the generality of any other provision of this Agreement, if
(a) the Rental Company’s applicable automobile insurance or other motor vehicle financial responsibility does not apply for any reason whatsoever including, without limitation, where the Vehicle is used in violation of this Agreement, then you are liable for the entire cost of the Vehicle’s repair or replacement and for any other claims of any kind made by third parties (including those made against the Rental Company and/or Owner), and for the defence from and indemnity for such claims; and
(b) loss or damages exceed the insurance coverage applicable to you pursuant to section 8.1 hereof, then you will be personally liable for the excess amount of any such loss or damages.
Neither we nor the Rental Company and/or Owner is responsible for any loss of or damage to any personal property (including data contained therein) of you, Secondary Drivers, passengers or other third parties, and no insurance coverage is provided in connection with same.
8.6. Insurance Proceeds Received by You. To the extent permitted by applicable law, if any compensation or insurance proceeds are paid to you in respect of loss of or damages to a Vehicle, then you must immediately pay or transfer such funds to the Rental Company.
8.7. No Insurance by Porsche Smart Mobility Canada, Ltd. We do not provide insurance coverage or other motor vehicle financial responsibility to you, Secondary Drivers, passengers or other third parties.
9.1. Termination by You. You may terminate this Agreement 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 [email@example.com].
9.2. 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 thirty (30) days’ prior written notice to you, in which event we will, if applicable, refund a prorated portion of your Passport Membership Fee for the Passport Membership Period when termination occurs.
We may also, upon written notice to you, immediately terminate this Agreement (and no monthly Passport Membership Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) you fail to pay any sum when due under this Agreement;
(b) you or any Secondary Driver fails to comply with any term or condition of this Agreement including this Schedule 1;
(c) you fail to meet any of the eligibility criteria;
(d) you or any Secondary Driver are involved in an incident with one of the Vehicles that we believe, in our reasonable discretion, renders you or the Secondary Driver ineligible or inappropriate for continued rights to use the 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;
(f) you are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition or application under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition or application, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business; or
(g) you or any Secondary Driver fails to comply with any term or condition of a Rental Agreement.
9.3. Suspension. In addition to our right to terminate this Agreement, we shall have the right, exercisable at our sole discretion, to suspend any or all of your rights under this Agreement for so long as you are not in compliance with any term or condition of this Schedule.
Part B: Schedule of Fees
1. Plans and Fees.
We currently offer the following two Program Plans:
• $4,200 per month (being the Passport Membership Fee for ‘Accelerate’) entitles you to rent one Vehicle from amongst those shown as available on our website at [https://www.porschepassport.com/toronto/membership] at any time, subject to availability and the terms of this Agreement
• The Passport Membership Fee is inclusive of insurance on the Vehicle, reasonable maintenance, and vehicle exchanges as provided in this Agreement
• A one-time activation fee of $750 is required for all new Porsche Passport Program memberships
• A deposit may be required in our sole discretion
• $3,200 per month (being the Passport Membership Fee for ‘Launch’) entitles you to rent one Vehicle from amongst those shown as available on our website at [https://www.porschepassport.com/toronto/membership] at any time, subject to availability and the terms of this Agreement
• The Passport Membership Fee is inclusive of insurance on the Vehicle, reasonable maintenance, and vehicle exchanges as provided in this Agreement
2. Other Fees.*
You also agree to pay each of the following fees to the extent applicable:
• Passport Excess Mileage Fee: $1 per kilometer for each kilometer traveled in excess of 2,500 km per month
• Refueling Fee: Market rate as further described in Part C of this Schedule
• Electronic Toll Payment Processing Fee: $25
• Electronic Toll Payment Convenience Fee: $25
• Additional Cleaning Fee: $250
• Membership Hold Fee: $300 (if applicable, at our discretion)
• Reactivation Fee: $0
• Booking Fee: each time you arrange for a Vehicle to be made available to you we will pay, out of your Passport Membership Fee paid to us, on your behalf $5 to the Rental Company providing the service to you
In the event you do not pay any amounts owing, we may, in our sole discretion, apply any deposit we hold against such amounts.
*You are responsible for the purchase of all fuel and payment of all 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 you. Similarly, if your Vehicle is equipped with an electronic toll card, then any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to you. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, then you will be responsible for an additional cleaning fee. See Part C below for more information.
The fees stated in this Schedule are exclusive of taxes and any other government levies, and you shall pay all taxes and other government levies that may now or hereafter be imposed upon the Services under this Agreement as well as the renting, possession and/or use of the Vehicle(s) including, without limitation, any and all sales tax, value-added tax, goods and services tax and/or harmonized sales tax.
4. Passport Membership Fee Payment Terms.
To participate in or be a member of the Porsche Passport Program, you must pay in advance on a monthly basis the Passport Membership Fee. The initial Passport Membership Period is thirty (30) days followed by monthly sequential Passport Membership 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 Passport Membership Fee is based on the Program Plan selected and is payable on a monthly basis for each member. We may choose to change the amount of the Passport Membership Fee from time to time or offer discounts to certain members. We will notify you of any material changes in accordance with applicable law and this Agreement.
We may change the Passport Membership Fee or impose additional fees and other charges from time to time, including when you add a Secondary Driver to your account. We will notify you of any changes to your fees in accordance with applicable law and this Agreement.
Payment of the Passport Membership Fee, in advance of each Passport Membership Period, is required in order to maintain the right to participate in and be a member of the Porsche Passport Program.
Part C: How it Works and Rules of Use
1. How memberships in the Porsche Passport Program work.
Active members of the Porsche Passport Program have the right to use one of the Vehicles, subject to availability. Members 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 would do.
2. How do you receive a Vehicle?
In general, we will arrange to deliver your first Vehicle to you after your membership has been approved and we have confirmed your reservation for the Vehicle. Subsequent Vehicles will be delivered when (a) you exchange your current Vehicle for another Vehicle in the fleet by notifying us of your request to swap through our App (preferred method), SMS, instant messaging, email or phone (you must enter a new Rental Agreement each time an exchange/swap is made), or (b) you are not exchanging a Vehicle because you are not then in possession of one, but you are nevertheless entering into a new Rental Agreement. 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.
3. How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
4. 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. You will be required to enter into a Rental Agreement with the applicable Rental Company in order to take possession of the Vehicle. No fees are directly payable by you to that Rental Company under that Rental Agreement.
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 normal 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 must 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, contractors, agents or representatives 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 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, contractors, agents or representatives 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.
5. Who can drive a Vehicle?
We will maintain a list of all drivers who are authorized to drive under this Agreement. Typically, you will be listed as the primary driver in connection with this Agreement. In addition, you will have the option to request that one additional driver be authorized by us and added in connection with this Agreement as a Secondary Driver. An authorized Secondary Driver must be at least 25 years of age. In general, only you and such authorized Secondary Driver, may drive the Vehicles in connection with this Agreement; however, all fees, damage and charges incurred by you or any driver of the Vehicles in connection with this Agreement 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 the Vehicle.
If you need another person who is not listed under this Agreement as an authorized Secondary Driver to drive one of the Vehicles because you are impaired or in an emergency situation, then you are authorized to allow that person to drive the Vehicle for a short duration, one-time occurrence. That person must be at least 25 years of age and have a valid driver’s licence in respect of the applicable jurisdiction in which the Vehicle is to be operated or used. This exception is not intended to allow habitual use of the Vehicles by any person who is not an authorized Secondary Driver in connection with this Agreement. If we find that you have violated this rule, then we may terminate this Agreement. All other persons, regardless of the circumstances, are expressly prohibited from driving the Vehicles at any time.
6. Is there a mileage limitation?
You may drive the Vehicles up to 2,500 kilometres per month without incurring any additional fees. If you exceed this mileage limitation in any Passport Membership Period, then you will be charged and you shall pay $1 per excess kilometre. The App keeps track of the kilometres that you drive. Unused kilometres from a Passport Membership Period will ‘roll over’ to the following month (accrued kilometres under this Agreement) for a maximum of two (2) consecutive months.
7. Keeping the Vehicle clean.
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, you must let us know.
In addition, all drivers of the Vehicles and their guests must abide by the following rules that are intended to keep the Vehicle in good condition:
(a) No smoking/vaping inside or near the Vehicle – no exceptions!
(b) Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals, which are allowed in the Vehicles without being in locked pet carriers in accordance with our policies. You are subject to additional cleaning fees and charges if we find evidence of pets in the Vehicles during your use.
8. Maintenance and repairs.
We will arrange to perform all necessary and required routine maintenance on all of the Vehicles. We will notify you when the Vehicle requires maintenance, and you agree to fully cooperate with us to coordinate a time 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 the Vehicles. For example, you must 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 to, and you must, respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by phone at [1-888-369-9904]. Failure to report such problems may result in the immediate suspension of any or all of your rights under this Agreement or termination of this Agreement, and you will nevertheless be responsible for any damages resulting from continued use of the Vehicle despite such irregularities.
In general, our aim is to arrange for all reasonable maintenance and service for the 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, email or telephone [1-888-369-9904]) and in advance by one of our representatives. If a repair will cost more than $1,000, then 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, then you must keep the actual receipt reflecting the item or service purchased and the date and time of purchase, which must be during your Passport Membership 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 last have on file with us. No credit or refund will be given without a valid receipt, or if the receipt is submitted more than thirty (30) days after the purchase date.
Vehicles may require emergency roadside assistance from time to time. We arrange for emergency roadside assistance and support as part of our Program. If, however, your need for emergency roadside assistance results from a breach of this Agreement, including a violation of our rules of use, then you may be charged for the costs of the service.
9. What uses are prohibited?
You must always use the Vehicles in accordance with all highway and other applicable laws. We may report any use of the 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 the Vehicles under the following conditions is strictly prohibited:
(a) in violation of instructions in the owner manual;
(b) without use of the safety restraints by all Vehicle occupants, including seat belts and child safety restraints;
(c) by anyone who has provided false information or who has made or makes false or misleading representations in connection with use of the Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
(d) by any person with a driving history that does not meet our then-current eligibility requirements;
(e) in violation of any applicable traffic or other laws (except for minor traffic violations);
(f) by any person who is impaired due to (i) alcohol, (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended, or (iii) illness, fatigue, injury, or otherwise;
(g) in any drag race, speed race, rally or other competition;
(h) in the commission or attempted commission of any crime or for any other illegal or improper activity or purpose;
(i) transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
(j) by any person who does not have a valid driver’s licence for the applicable jurisdiction in which the Vehicle is operated or used (or whose driver’s licence has restrictions that are not complied with by such person when driving the Vehicle);
(k) by any person who is driving while distracted including, without limitation, driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
(l) for any towing or pushing of any trailer, car, boat or any other vehicle, unless the Vehicle is equipped by us to do that activity;
(m) for any business or commercial purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, limousine, shuttle, livery, ride-sharing, ride-hailing, pick-up and/or delivery, or transportation network service;
(n) transporting or driving the Vehicle to or in any place other than Canada and the contiguous United States of America;
(o) on unpaved, unimproved or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality, provided, however, that you may drive on unpaved or unimproved roads as long as such driving would not otherwise constitute imprudent use, misuse or abuse of the Vehicle; or
(p) in any reckless, imprudent, negligent, abusive or abnormal manner for using a Vehicle.
The foregoing are examples only, and are not intended to be a complete list of all prohibited uses (collectively, “Prohibited Uses”). We reserve the right to add other restrictions and prohibitions from time to time. Any unreasonable or inappropriate use of the Vehicles, as determined by us in our sole discretion, shall be deemed a violation or breach of this Agreement, including these rules of use.
Without in any way limiting any of our other rights or remedies, we may immediately suspend or terminate your use of the Vehicles and participation in the Program if you engage or we suspect you have engaged in a Prohibited Use or for any violation or breach of our other rules of use. Upon suspension or termination, you will be responsible on a full indemnity basis, for any and all loss, damages, costs, charges, fees and expenses incurred by us as a result of a violation or breach of any of these rules of use. 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.
10. Who pays for gas?
You must pay for your own gas. We will always arrange to 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 litres 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 litre at the local market rate. We may, in our sole discretion, charge you as these charges are incurred or add it to your next invoice.
11. Notifying us of changes.
You are required to notify us promptly, but in no event more than twenty-four (24) hours of the change, if any of the following information changes during the term of this Agreement:
(a) the address of your primary residence;
(b) your email address or mobile phone number;
(c) your payment method or details; or
(d) eligibility of you or a Secondary Driver to rent or drive the Vehicles or participate in the Porsche Passport Program (for example, changes in driver’s licence status or driving record).
12. Notifying us of damage to a Vehicle.
You must promptly notify us upon becoming aware of any damage of any kind whatsoever to a Vehicle. This includes damage to the exterior and damage to the interior. Provided you are otherwise in compliance with all of the provisions of this Agreement, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to the Vehicles.
To notify us of damage (e.g., a dent, cracked or chipped windshield, or a coffee stain on the upholstery), select the appropriate option in our App. The application will prompt you to enter details of the damage and to take photographs of the damage using the camera on your phone.
13. What happens if a 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 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 all of the provisions of this Agreement, we will provide you with a replacement Vehicle as promptly as possible, subject to availability.
14. What happens if a Vehicle has a breakdown?
If one of the Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at [1-888-369-9904] so that we can get you moving again via our roadside assistance service or otherwise. If a problem arises that prevents or limits your use of the Vehicle or that may compromise your safety or the safety of others, then you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If our roadside assistance does not get you moving again, and if you are within reasonable proximity to one of our service centers, we will arrange to 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 roadside assistance arrives at your location or until we can exchange keys with you and send you on your way.
If you wish to perform a jump start to one of the Vehicles, then 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 the Vehicles to provide a jump start to any other vehicle.
15. What happens if you have an accident?
In case of an accident involving the Vehicle, you must to the extent that provincial or local laws allow, obtain an official police or other accident report at the time of the accident or as soon as practicable thereafter, but in no event later than twenty-four (24) hours from the time of the accident or the time that such report becomes publicly available.
If you are involved in an accident, find a safe location and call 911 in the event of an emergency. If it is not an emergency, then you must nevertheless report the accident to the police or other authority in accordance with provincial or local laws. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, call us at [1-888-369-9904]. Our representative will guide you through the accident reporting process. You will need the following information:
(a) the date, time, and place of accident or incident;
(b) the name, address, date of birth and driver's licence number of all people involved (including all drivers, passengers, witnesses and other people involved);
(c) the insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault, including, without limitation, if you have your own automobile insurance policy, your own insurance policy number and the name and phone number for your own insurance company and agent);
(d) any pictures and/or video of the scene including all cars and property involved in the accident or incident;
(e) the licence plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
(f) a summary of the circumstances of the accident or incident, and the names and contact particulars of any witnesses; and
(g) to the extent available under provincial or local laws, an official police/accident report is required, regardless of liability or fault, and must be attached.
You agree to cooperate fully with us and our representatives in the investigation and/or defense of any claim, lawsuit or proceedings arising from any accident or incident. You must immediately deliver to us every process, pleading or other document relating to any claims, lawsuits and proceedings related to such accident or incident. We may suspend any or all of your rights under this Agreement and your use of the 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 or incident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT 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 OR INCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
16. What happens if you have a traffic violation or incur a toll?
16.1. Obligation. You must operate the Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations of such laws that occur during your use of the 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 a 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 (a) pay all Tolls with a personal transponder that is accepted on the road, (b) use only cash lanes and pay cash, (c) plan a route to avoid Tolls, or (d) consult local authorities for other payment methods.
16.2. Tolls and Violations Generally. If we receive notice of a Toll or Violation, then 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, then we will charge you 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 sole discretion. You agree that we may provide your information to applicable authorities and/or third parties to process payment and/or transfer liability to you for any such penalties, fees and violations. Without in any way limiting the generality of the foregoing, in the case of certain Violations, we may be obligated to pass on the details to the police, who may 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, then you hereby authorize us or the Provider to (a) charge all payments and administrative fees to the payment method you use for your Passport Membership Fees, and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to the Vehicle during a Program Period.
16.3. Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, then we or the Provider will charge you for the actual cost of the Toll incurred plus (a) all applicable fees and taxes and service charges, and (b) all applicable payment processing charges and convenience fees set forth in Part B of this Schedule (Schedule of Fees). If we or a Provider charge you for a Toll you believe you paid, then you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
17. Will my Vehicle be tracked?
We will track your usage of the Vehicles to ensure proper use (to the extent permitted by law).
We want to offer Vehicles that are in very good condition. In order to do that, and to the extent permitted by law, we intend to keep track of how those Vehicles have been used and maintained by you. This tracking of usage allows us to be certain that the Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for the Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating the Vehicles in a way that is negligent, abusive or is likely to cause abnormally high wear and tear.
Each of the 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 THE VEHICLES AND USING OUR SERVICES, YOU CONSENT TO THE TRACKING DESCRIBED IN THIS SCHEDULE TO THE EXTENT PERMITTED BY LAW.
You must drive responsibly and look after the Vehicles in your possession in the same manner as a diligent owner. In the interests of all of our clients who are obtaining similar services from us, we reserve the right to suspend or terminate service for you if you treat any Vehicle in a manner that is not consistent with those expectations. If we determine in our discretion that you drive or have driven a Vehicle in an imprudent, abusive or negligent manner, or you experience damage incidents at a rate above the norm, or you fail to report instances of damage that should reasonably be detected, or you act in a manner inconsistent with these rules of use, then we reserve the right in our sole discretion to terminate or suspend service immediately or to give you an advisory warning.