Schedule 2 – Porsche Drive Program Terms and Conditions
In addition to the provisions found in the body of the Master Subscription Services Agreement, your participation in the Porsche Drive Program shall be subject to this Schedule 2. You acknowledge and agree that you have carefully read these additional terms and conditions in their entirety and that you have understood all of them before registering to use our Services and before paying any Program Fees due under this Agreement. 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 2 shall have the same meaning assigned to such terms in the Agreement.
Part A: Additional Program Terms and Conditions
1. Driver Age Restrictions and Insurance. To be eligible to rent and drive the Vehicles and participate in the Porsche Drive Program, you must be
(a) at least twenty-seven (27) years of age, and
(b) the named insured under a valid automobile insurance policy that provides coverage or that is endorsed to provide coverage for rented or non-owned automobiles (including the Vehicle), or you are the spouse of and live with such person and you are covered under such policy.
2. Program Registration. Potential renters are required 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 licence and payment details. You must select the Porsche Drive Program 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. 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.
3. 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. However, each Rental Period may not exceed a total of thirty (30) days under any circumstances. You acknowledge and agree that your daily rate, taxes, fees, charges, surcharges and other amounts payable may be subject to change if you extend the Rental Period.
4.1. Insurance Coverage. You acknowledge and agree that
(a) you are and will continue to be at all times during the term of this Agreement, the named insured under a valid automobile insurance policy that provides coverage or that is endorsed to provide coverage for rented or non-owned automobiles (including the Vehicle), or you are the spouse of and live with such person and you are covered under such policy, and
(b) such automobile insurance policy provides, at a minimum, the following coverages: liability insurance coverage for bodily injury or death or damage to the property of others; coverage for what is commonly referred to as accident benefits; uninsured or unidentified motorist coverage for bodily injury or death or damage to the Vehicle; and comprehensive and collision 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 under the terms and subject to all of the conditions of a standard automobile insurance policy. If you have complied with all of the terms and conditions of this Agreement (including this Schedule and the rules of use), and if the Rental Company is obligated to extend its automobile insurance or other motor vehicle financial responsibility to you, 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.
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.
4.2. 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, any driver 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 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 neither the Rental Company nor the Owner extends any of its insurance or motor vehicle financial responsibility to any person.
4.3. Optional Insurance. Without in any way limiting the generality of the foregoing, 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, any driver, passengers or other third parties.
4.4. Your Other Financial Responsibility. Without in any way limiting the generality of any other provision of this Agreement, including your obligation to provide automobile insurance coverage, if 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.
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, any driver, passengers or other third parties, and no insurance coverage is provided in connection with same.
4.5. 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.
4.6. No Insurance by Porsche Smart Mobility Canada, Ltd. We do not provide insurance coverage or other motor vehicle financial responsibility to you, any driver, passengers or other third parties.
5. 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.
Part B: Schedule of Fees
You must provide a valid credit or debit card in your name to rent the Vehicle, the particulars of which will be retained by us for a reasonable period of time to cover the fees, charges, surcharges and other amounts due hereunder.
1. Rental and Other Charges. 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 all applicable cleaning, refueling and excess mileage charges and other charges, surcharges and amounts identified in this Agreement (including this Schedule 2) or in your Rental Agreement, which are incurred in connection with your use of the Vehicle, together with all applicable taxes and other governmental levies thereon, and all costs including reasonable lawyers’ fees, incurred in collecting same from you or otherwise enforcing our rights under this Agreement. The payment method you provided that is on file will be charged automatically for such fees, charges, surcharges and amounts upon or following the completion of each Rental Period. 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. All fees, charges and other amounts are exclusive of applicable taxes.
2. Cleaning Fee. You must return the Vehicle in a clean condition for others to use. If you return the Vehicle in any other condition, then we shall have the right to charge you up to $250 for cleaning fees, together with applicable taxes thereon.
3. Fines, Expenses, Costs, and Administrative Fees. You must pay all fines, penalties, and court costs for parking, traffic, toll, and other violations, including storage liens and charges. You must also pay a reasonable administrative fee with respect to any violation of this Agreement, such as for repossessing or recovering the Vehicle for any reason. You agree we may, in our sole discretion, pay all tickets, citations, summons, fines, penalties, and court cost on your behalf to the appropriate authority. In the event we pay any of 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, summons, fines, or penalties, you agree to pay all costs and collections fees, including, without limitation, administrative and legal costs to such third party upon demand without protest. You agree to indemnity and hold the Porsche Indemnitees, and each of them, harmless in connection with any tickets, citations, summons, fines, penalties, and administrative fees.
4. 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 $5,000 (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 (a) we will authorize the release of any excess Reserve after completion of the applicable Rental Period, and after we have completed our final audit of charges and other amounts due, (b) your card issuer’s rules will apply to your account being credited for any excess, and (c) any excess may not be immediately released by your card issuer.
5. 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 at least seventy-two (72) hours prior to the applicable 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.
6. Other Charges. You must pay all fees, charges, surcharges and other amounts incurred when due. The following amounts 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 of use); (e) reasonable costs arising from one of the 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 incurred in collecting payment from you or otherwise enforcing our rights under this Agreement, including, without limitation, reasonable lawyers’ fees; (h) excess mileage fees; and (i) such other fees, charges, surcharges and amounts as provided herein.
Part C: How it Works and Rules of Use
1. How do you receive a Vehicle?
In general, we will arrange to deliver your Vehicle to you after we have confirmed your reservation for the Vehicle. 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.
2. How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
3. How do you return a Vehicle?
At the conclusion of the Rental Period, we will pick up the Vehicle at a mutually agreed upon location on the due-in date and time, or you can return the Vehicle on or before its due-in date to the Rental Company location during normal business hours for such location. At the time when you return a Vehicle to us, the Vehicle must be in the same condition as it was when provided to you 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 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, as permitted by law.
4. Who can drive a Vehicle?
Only you may drive a Vehicle under your rental. All other persons, regardless of the circumstances, are expressly prohibited from driving the Vehicles at any time.
5. Is there a mileage limitation?
Each rental has a certain number of kilometres included in the Rental Fee. If you exceed such number in respect of any Rental Period, then you will be charged, and you shall pay to us, $1 per excess kilometre.
6. 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.
7. Maintenance and repairs.
We will arrange to perform all necessary and required routine maintenance on all of the Vehicles. 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 1-888-490-9077. 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 this Agreement or a violation of our rules of use, then you may be charged for the costs of the service.
8. 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 the 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 Services 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.
9. Who pays for gas?
You must 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 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.
10. Notifying us of changes to your account.
You must notify us promptly 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) your eligibility to rent or drive the Vehicles or participate in the Porsche Drive Program (for example, changes in driver’s licence status or driving record).
11. 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.
12. 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 1-888-490-9077.
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.
13. 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 1-888-490-9077 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 are not within reasonable proximity to one of our service centers, then 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 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.
14. 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 1 888 490 9077. 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 or terminate any or all of your rights under this Agreement and/or terminate your rental, 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.
15. What happens if you have a traffic violation or incur a toll?
15.1. 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 Rental Period. You must notify us of any Tolls or traffic violation notices issued to you while operating the 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 (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.
15.2. 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 Rental Period, then you hereby 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 the Vehicle during a Rental Period.
15.3. 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.
16. 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 EXTENT PERMITTED BY LAW, TO THE TRACKING DESCRIBED IN THIS SCHEDULE.
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, 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.