Last updated: May 29, 2026
This Membership Agreement, together with its Schedules and associated Rules (each as defined below) (collectively, this "Agreement"), is an agreement between Flexcar, LLC or one of its affiliated companies ("Flexcar", "us", or "we") and you (the "Member" or "you") governing your application and participation in the Flexcar subscription program and access to related services (the "Flexcar Program"), which permits you to use and take custody of one or more vehicles made available by Flexcar (each, a "Flexcar Vehicle"). All Members are required to accept and comply with the terms and conditions set forth herein, including the schedules, rate plans and policies referenced in or incorporated herein (collectively, the "Schedules") and all rules, guidelines or policies of Flexcar related to a Member's use of the Flexcar Program, whether set forth herein, appearing elsewhere on Flexcar's websites or otherwise issued from time to time by Flexcar (e.g., mileage-based inspection intervals, maintenance check-in cadence) (collectively, "Rules").
By accepting this Agreement and participating in the Flexcar Program, you agree to comply with the terms and conditions of this Agreement, as it may be amended from time to time as provided herein.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY FLEXCAR VEHICLES OR SERVICES, ESPECIALLY BECAUSE THESE TERMS AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION – SEE SECTION 10 BELOW. IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THE FLEXCAR PROGRAM.
Flexcar reserves the right to change the terms of this Agreement from time to time. The "Last Updated" date above indicates when this Agreement was last changed. We will give notice of material changes to Members. Unless we designate a different date for effectiveness, such changes will be effective when notice is given to Members and notice will be considered given when (1) such notice is indicated and accessible from the first page accessed after the Member logs on, (2) it is provided by email to the Member's address on file with Flexcar, or (3) it is provided via our website or other applicable form of communication such as by mobile application. You agree that continued use of the Flexcar Program constitutes acceptance of any amended terms and conditions in a revised Agreement, which shall be effective and binding on you upon the effective date indicated in such notice or on such other date as Flexcar may designate in its notice or in the revised Agreement.
Certain provisions of this Agreement may vary based upon the jurisdiction in which you reserve or use a Flexcar Vehicle. For example, the third-party liability Flexcar provides may vary based upon the state in which you are utilizing the Flexcar Vehicle, and certain different or additional fees and policies may apply.
1.1 This Agreement is an agreement for the use and custodianship of one or more Flexcar Vehicles for a minimum period of thirty (30) or thirty-one (31) days depending on your state, but does not in itself confer any right to participate in the Flexcar Program. A Member may only participate in the Flexcar Program, to the extent available, in accordance with the terms of this Agreement (including, without limitation, the eligibility requirements in Section 2.1) and subject to paying all applicable fees and charges. Nothing contained herein shall guarantee the Member access, or use, of any Flexcar Vehicle.
1.2 Flexcar is the owner of any item it provides to the Member or puts at the Member's disposal during the term of this Agreement, including specifically and without limitation, all Flexcar Vehicles, and any mobile and web-based applications. The Member's use of and rights in relation to any Flexcar Vehicle or items provided by Flexcar under this Agreement are limited to those rights of use stated in this Agreement.
1.3 Definitions
a. Additional Driver – an approved driver who is designated by the Primary member to operate the Flexcar Vehicle and is authorized by Flexcar to the use the Flexcar Program. Any Additional Driver must meet the eligibility requirements as set forth under the terms of this Agreement.
b. Annual Vehicle Subscription – a twelve (12)-month vehicle subscription term available to eligible Members as described in Section 3.4(d) and the Addendum to this Agreement.
c. Authorized Driver and/or Member – anyone who has been approved to participate in the Flexcar Program and use a Flexcar Vehicle, which may include the Primary Member and any Additional Drivers as stated above.
d. Fees – additional charges that may be charged to a Member's account based on the Member's use of the Flexcar Vehicle.
e. Primary Member – Member initially designated to receive and pay all fees, charges and other costs associated with the Flexcar Program, including application fees, monthly fees, driving charges and other costs or fees as indicated in the Rules and Schedules. A Primary Member must also meet all of the eligibility requirements required by Flexcar and as set forth herein.
f. Maintenance – when the Flexcar Vehicle indicates that service or maintenance is required via a service light on the dashboard of the vehicle, the Member notices atypical noises or driving feel, or Flexcar determines that a repair and/or maintenance is needed as stated in Section 4.8, then the issue must be reported to Flexcar.
g. Membership – use of Flexcar Vehicles requires an annual membership with a fee that renews automatically.
h. Swap – the Member switches their current Flexcar Vehicle for a different Flexcar Vehicle for which a fee will apply.
i. Subscription Period – the time during which a member has an active order, which must minimally be thirty (30) or thirty-one (31) days.
j. Subscription Start Date – the date that you receive a Flexcar vehicle via pick up at a Flexcar location or delivery.
k. Mechanical Quality Inspection (MQI) – Flexcar's safety and condition inspection performed on a mileage-based schedule and at other times that Flexcar may determine necessary.
2.1 To be eligible for participation in the Flexcar Program, the Subscriber must:
2.2 Satisfying the foregoing criteria does not automatically give an applicant the right to become a participant in the Flexcar Program. Acceptance of the applicant's application is subject to approval by Flexcar in its sole discretion and, without limiting the foregoing, participation in the Flexcar Program may be denied based upon other factors determined by Flexcar. In addition, even if approved for participation in the Flexcar Program, a Member may be restricted from driving certain Flexcar Vehicles at Flexcar's sole discretion, for reasons including, but not limited to, the Member's driving or subscription history, limitations in connection with Flexcar's service offerings, or the failure to maintain eligibility as required by Section 2.1.
2.3 You may be using the Flexcar Program as a "Primary Member", an "Additional Driver" or an "Authorized Driver" per the definitions in Section 1.3. If you use the Flexcar Program as an Authorized or Additional Driver, you will still be required to meet the eligibility requirements as stated in Section 2.1, Flexcar's driving record and insurance verification requirements, and still be required to submit an application for the Additional Driver; additional monthly fees may be applied to the Member's account. Regardless of whether you are using the Flexcar Program as a Primary Member or an Additional Driver, you are considered a Member and the terms and conditions of this Agreement, including the eligibility requirements in this section, apply to you.
3.1 The Member agrees to pay Flexcar all applicable application, activation, annual membership, weekly mileage, surcharges, deposits and other fees incurred on the Member's account. If at any time you wish to cancel your Flexcar account, you may do so through your account. All fees are non-refundable.
3.2 Deposit When you sign up for an account, Flexcar may charge a refundable deposit in an amount specified during the check-out process. The amount of the deposit varies based on age, information obtained from member's consumer report, vehicle type, and mileage package. This check helps Flexcar confirm eligibility and provide Members with a possible lower refundable deposit. At the end of the Member's subscription period, the deposit is applied to any and all outstanding invoices, fees and damages. The deposit will not be used during an active subscription. If fees are incurred, such as a damage, smoking, cleaning or starting device fee, then you will be separately charged or invoiced for any such fees associated with Flexcar Vehicles. Those fees are due upon receipt and not at the end of the subscription period. You expressly acknowledge and agree that, subject to applicable law, if you owe Flexcar fees or damages, as stated in Sections 3 and/or 5 due to your use of the Flexcar Vehicle (including, without limitation, use in violation of this Agreement), we may deduct those fees or damages from your deposit and, in some cases, your deposit may be completely forfeited due to the amount of such outstanding balance including fees. Please note that the deposit amount does not limit in any way the total amount you may owe to us. Provided you have complied with all Flexcar policies and procedures and do not owe Flexcar any fees, any portion of the deposit not applied to amounts owed by you will be returned after termination of your subscription once we have determined that there will not be any further amounts due from you.
3.3 Fees may include the following:
a. Fees Related to Obtaining and Using the Flexcar Vehicle:
b. Fees Related to Maintaining and Taking Care of the Flexcar Vehicle:
c. Fees Related to Returning the Flexcar Vehicle
d. Miscellaneous Fees: Without limiting the foregoing, we reserve the right to charge you fees, or hold you responsible for costs or expenses, in our sole discretion if your acts or omissions inconvenience Flexcar or any other Member or you otherwise fail to comply with this Agreement. We will present you an itemized list of estimated or actual charges upon your request.
e. Collections Amounts: We may utilize third parties to collect amounts you owe us, which may impact your consumer report and credit score. You will be responsible for all fees and costs we incur in connection with utilizing those third parties.
f. Pass-Through Fee: A 3% fee will apply to purchases made on credit card or a debit card. This fee is charged by a third-party payment provider to Flexcar and passed to the member when using a credit/debit card. The third-party payment provider is a completely independent company with no other relationship to Flexcar. For more information on how to avoid the Pass-Through Fees, please refer to Section 3.11 (ACH).
g. Damage Estimate Fee: A damage estimate fee may apply. This is a pass-through fee that reflects the exact amount charged by the third-party vendor and will be included as part of the deductible payment. Flexcar does not increase ("mark-up") or profit from this charge. Provided the Member is in compliance with this Membership Agreement, this fee will not increase the Member's total damage deductible amount.
3.4 Subscriptions
a. Recurring Monthly Subscription Your use of the Flexcar Program requires enrollment in a monthly payment plan involving automatic billing cycles ("Recurring Subscription"). The Recurring Subscription constitutes a single, continuous rental agreement commencing on the Subscription Start Date, with an initial minimum period of thirty-one (31) or thirty-two (32) days depending on jurisdiction, after which subsequent billing cycles serve as payment intervals only and do not constitute new, separate, or independent rental transactions. You can select a Recurring Subscription based on Flexcar Vehicle and mileage package and protection plan. If you are approved for a Recurring Subscription, you authorize Flexcar to maintain your account information and charge that account automatically on each billing cycle with no further action required by you. Your Recurring Subscription will continue monthly at the then-current Recurring Subscription fee (prices subject to change), unless you cancel your subscription in accordance with Section 3.4(c) below. You authorize Flexcar to charge your account automatically for the first monthly payment at checkout, upon your approval to participate in the Flexcar Program. Depending on location, the Member will be charged their next billing cycle either thirty-one (31) days or thirty-two (32) days depending on your state after the Subscription Start Date and then on the same calendar day of the month for every billing cycle thereafter. If the billing date falls on a calendar day that does not exist in a given month (for example, the 30th of February) the Member will be billed on the last calendar day of that month, except for the first billing cycle which will always be either 31 or 32 days depending on the jurisdiction.
b. Recurring Annual Membership: An annual membership is required to use Flexcar services. Your membership fee is charged on an annual basis ("Recurring Annual Membership"). Your Recurring Annual Membership will automatically renew annually at the then-current fee (price subject to change) unless you cancel your membership in accordance with Section 3.4(c) below. In the event that Flexcar is unable to charge your account as authorized by you when you enrolled, Flexcar may in its sole discretion (i) bill you for your participation in the Flexcar Program and suspend your access to Flexcar Vehicles until payment is received, (ii) seek to update your account information through third-party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you, or (iii) terminate your Agreement with Flexcar and repossess the Flexcar Vehicle.
c. Cancellation: You may cancel your Recurring Monthly Subscription and/or your Recurring Annual Membership through your account. For more specific directions, see our FAQs. You may cancel a Recurring Monthly Subscription or Recurring Annual Membership at any time, but if you cancel your Recurring Subscription before the end of the current subscription period or Recurring Annual Membership before the end of the membership period, we will not refund any subscription or membership fees already paid to us. The foregoing cancellation terms apply to Recurring Monthly Subscription and Recurring Annual Membership. For Annual Vehicle Subscriptions, see Section 3.4(d) and the Addendum to this Agreement. Following any cancellation, however, you will continue to have access to the applicable Flexcar Vehicle through the end of your current subscription period. Flexcar may change the prices charged for Recurring Monthly Subscriptions or the Membership fee at any time by posting updated pricing on our FAQs; provided, however, that the prices for your Recurring Subscription will remain in force for the duration of the subscription period for which you have paid. After that period ends, your use of the applicable Flexcar Vehicle will be charged at the then-current subscription price. If you do not agree to these price changes, you must return your Flexcar Vehicle prior to the next Recurring Subscription date. The new prices will apply if you do not return your Flexcar Vehicle before the next Recurring Subscription date or if you make any new orders after the changes take effect.
(d) Annual Vehicle Subscription Option (New York Members ONLY). Members whose primary address is in the State of New York may elect a twelve (12)-month vehicle subscription term ("Annual Vehicle Subscription") at the time of checkout, as an alternative to the Recurring Monthly Subscription described in Section 3.4(a). Members who elect an Annual Vehicle Subscription will be subject to applicable sales taxes for long term rentals, which will be calculated on the vehicle and mileage cost only, not the damage protection plan. The applicable sales taxes will be charged in full at the commencement of the Annual Vehicle Subscription term rather than on a monthly basis. Early cancellation of an Annual Vehicle Subscription prior to the end of the twelve (12)-month term will not entitle the Member to a refund of any taxes or fees already paid and Members will be subject to an early Termination Fee as stated in the NY Addendum to the Flexcar Membership Agreement. At the conclusion of the twelve (12)-month term and while the Member retains possession of the Flexcar vehicle, the Annual Vehicle Subscription will automatically convert to a Recurring Monthly Subscription unless the Member elects to renew for an additional Annual Vehicle Subscription term. A Member whose Annual Vehicle Subscription has terminated or been cancelled and who subsequently re-enrolls in the Flexcar Program must elect a new Annual Vehicle Subscription at checkout to again receive the long term rental tax treatment. Additional terms governing the Annual Vehicle Subscription are contained in NY Addendum to the Flexcar Membership Agreement.
3.5 The Member is required to pay all fees and costs incurred (including fees and costs incurred by Authorized Drivers) when due, including, without limitation, application fees, monthly subscription fees, any and all fees as stated in Section 3.3 above, driving charges (including but not limited to mileage overage, fees and/or surcharges), sales and other taxes and levies, and other costs and fees as may be detailed in the Rules and Schedules or in this Agreement. Members are billed for amounts due via credit card or other means as established by Flexcar. Any Member account which is past due will be suspended and the Member may not place any new orders, including any vehicle swaps. However, any ongoing orders will continue to be charged until the Flexcar Vehicle is returned. If the Member's account is past due for eight (8) days, Flexcar may repossess the Flexcar Vehicle as provided in Section 4.16 and may treat the vehicle as stolen. Orders booked in advance shall still be charged to the Member if not timely cancelled by the Member. If payment of any amount due is rejected by the payment source (credit card or other method of payment) provided by the Member, the Member's use of the Flexcar Program may be suspended. Members are responsible for providing and maintaining current payment information on file with Flexcar. Issues with payments may result in termination of the Member's account. Under no circumstances will Flexcar be responsible for any overdraft or other fees charged by a Member's credit card company or bank. For past due accounts, Flexcar may also change when payment is due and/or terminate the Member's account. In addition, Flexcar may utilize third party collection agencies to collect amounts owed to Flexcar by a Member and the Member will also be responsible for any collection or similar fees associated with these collection activities. The use of third party collection agencies may impact a Member's consumer report and/or credit score.
3.6 Members are responsible for providing and maintaining current email, mobile phone, mailing address and other account information. Subject to applicable law governing recording of communications, telephone calls/texts, email correspondence and social media communications with Flexcar may be recorded or monitored. By using these communication methods with Flexcar, you are consenting to the audio and/or video recording or monitoring of your calls/texts, emails and social media communications during such interactions.
3.7 As part of the services, Flexcar may make available artificial intelligence-powered features and tools including features that allow you to generate responses and other content based on the prompts you supply. For example, Flexcar provides a chat service that uses such AI features. Because the AI chat services rely on emerging technology and the prompts and other inputs you provide, responses and other content generated by the chat services may be incorrect, incomplete, misleading, or inaccurate, may contain offensive or inappropriate content, and not represent Flexcar's views. The chat services are provided for informational purposes only and do not constitute legal, financial, or other professional advice. You must evaluate responses and other content generated by the chat services for accuracy and appropriateness and you assume all risk associated with your use of and reliance on such responses or content. You must not provide personal or sensitive personal information (including, but not limited to, financial, health, or other confidential information) on the chat services. You may not attempt to use the chat services as a companion chatbot or for emotional reliance purposes, or attempt to bypass any protective measures or safety mitigations in the chat services. In addition, by engaging with our chat services, you agree to Flexcar's and its service providers' monitoring, recording, review, and retention of chat communications. Chat communications are processed in accordance with our Privacy Policy, which is incorporated herein by reference. For more information regarding how we collect, use, retain, and disclose chat communications, please review our Privacy Policy.
3.8 By applying for participation in the Flexcar Program, each applicant authorizes Flexcar to obtain his/her/their driving records from the jurisdiction in which the applicant is licensed. Members who do not have a valid driver's license from the jurisdiction in which they reside must comply with the licensing requirements of such jurisdiction for driving in that jurisdiction. In addition, Flexcar may at any time require Members to demonstrate compliance with the licensing laws of their jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in their jurisdiction of residence. Flexcar reserves the right to request additional information, such as a copy of a passport or proof of address at any time. Because driving a Flexcar Vehicle requires maintaining a good driving record, Flexcar may, from time to time, check Members' driving records and reserves the right, at its sole discretion, to suspend or terminate the account of any Member who does not meet Flexcar's eligibility requirements. If the Member's license is suspended or revoked or becomes invalid, if the Member has any further endorsements or accidents on their driving record or if the Member is convicted of or receives a citation for driving under the influence of alcohol or drugs, including prescription medication, dangerous or reckless driving or exceeding the relevant speed limit, the Member agrees to report such suspension, revocation, changes, conviction or citation to Flexcar promptly and acknowledges and agrees this may indicate non-compliance and a breach of this Agreement by the Member and may lead to account suspension or closure by Flexcar. Failure to notify Flexcar of any such events may lead to the Member not being covered by Flexcar's liability protection when driving a Flexcar Vehicle and/or termination of the Member's account.
3.9 When you sign up for our services and periodically thereafter for continued participation in the Flexcar Program, you consent to Flexcar requesting and obtaining your consumer report, including any potential liabilities, and credit score in order to determine whether you are eligible to use Flexcar's services and whether you qualify for a lower deposit amount.
In particular, you provide Flexcar with the following "written instruction" under the Fair Credit Reporting Act: "I hereby authorize and instruct Flexcar to obtain my consumer report and credit score in connection with my use of Flexcar's services. I understand that my instructions allow Flexcar to obtain such information periodically as long as I participate in the Flexcar Program."
3.10 Split Payments. When enrolled in split payments, Members are eligible to split their Monthly Subscription Fee into two equal payments. Payments will be automatically charged in two (2) equal parts on the 1st and 15th day of the billing cycle. Mileage will be split in equal portions corresponding to each payment. If a customer uses up all their allotted miles prior to the 15th day of the billing cycle, the second payment will be charged immediately to ensure the Member has sufficient miles and the second half of the mileage will be applied to your account. Split payment is currently not available for Members on the Low Mileage or Pay As You Go Plans. Split payments are not available for all Members.
3.11 Members are eligible to make recurring payments through ACH transactions. An ACH transaction, sometimes called 'direct debit', is an electronic money transfer made between banks and credit unions across a network called the Automated Clearing House (ACH). Only recurring monthly subscriptions and recurring annual subscriptions will be processed through ACH. Other non-recurring charges such as swap fees, overage miles, damage fees, etc., will be processed through credit card and debit card payments. These non-recurring charges will not be subject to the Pass-Through Fee (as detailed in Section 3.3(e)). In case of failed ACH payments, Flexcar retains the right to remove the ACH payment method from your account and/or charge the credit or debit card on file, and the Pass-Through Fee will apply to all credit and debit payments. If you have an ACH payment method on file, you will not be subject to the Pass-Through Fee for payments.
4.1 Members are required to take careful note of, and abide by, the Rules set forth in this Section. All applicants for participation in the Flexcar Program should read and understand these Rules before they apply and before they pay any applicable application and/or monthly fees. By becoming a Member or continuing to be a Member, you are deemed to have accepted and agreed to abide by all of the following Rules and these Rules shall also be deemed to apply to all Authorized Drivers.
4.2 Persons Permitted to Use Flexcar Vehicles. Only properly licensed active Members in good standing or those Authorized Drivers who have been approved through the additional driver authorization process are allowed to drive Flexcar Vehicles. Non-Members are expressly prohibited from driving a Flexcar Vehicle at any time.
4.3 Prohibited Uses. Unless otherwise approved by Flexcar, the use of a Flexcar Vehicle under the following conditions is prohibited:
The foregoing examples are not intended to be exhaustive. Any unreasonable or inappropriate use of a Flexcar Vehicle, as determined by Flexcar, in its sole discretion, may be deemed a violation of these Rules and a breach of this Agreement. Without limiting the foregoing, Members must always use Flexcar Vehicles in accordance with all highway and any other applicable laws and regulations. Flexcar may report to the authorities any use of a Flexcar Vehicle or other activities that are or may be in violation of law.
Flexcar may immediately suspend or terminate the use of its service by any Member for a violation of any of these Rules. Upon suspension or termination, any existing subscriptions for the Member or Associate Members (as the case may be) may be canceled by Flexcar at its sole discretion. In addition, Members will be responsible for any and all costs, charges, fees and expenses incurred by Flexcar as a result of a breach of any of these Rules.
4.4 Reserving Flexcar Vehicles. Subject to availability, Members must always reserve a Flexcar Vehicle in advance of use. The minimum period for which a Flexcar Vehicle may be reserved is one month. If you wish to cancel a reservation for which a Flexcar Vehicle has been reserved, you may cancel within 24 hours of placing your order. If you cancel more than 24 hours after you placed your order, then you shall be subject to change or cancellation fees up to $100 and shipping fees, where applicable, up to $299.
4.5 Flexcar Vehicle Pick-up, Inspection and Return. You must pick up the selected Flexcar Vehicle at one of the designated Flexcar Vehicle pick-up locations or obtain your Flexcar Vehicle via delivery, and return it clean and in good working order, to the correct and designated Flexcar Vehicle pick-up location by no later than the end time of your reservation. Only primary account holders are allowed to conduct transactions with the Flexcar Vehicle, (i.e., pick up, accept delivery, or swap). Prior to taking possession of a Flexcar Vehicle, you must (i) conduct an exterior walk-around and an interior look-over of the Flexcar Vehicle and report your findings to Flexcar; and (ii) sign off on the pick- up checklist with a Flexcar team member. Before driving the Flexcar Vehicle, you must advise Flexcar of any damage or abnormality encountered on the Flexcar Vehicle or in the operation of the Flexcar Vehicle. Without limiting the foregoing, you must report to Flexcar any warning lights that stay on after the ignition is engaged, any indication of leaking fluids near the Flexcar Vehicle, any cracks or chips in the windshield, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors, or any other condition that may render the Flexcar Vehicle unsafe to operate. If Flexcar is not notified of a problem at the start of a reservation, you will be deemed to be responsible for any problem with the Flexcar Vehicle discovered or reported after your subscription begins, including, without limitation, damage to the Flexcar Vehicle, lack of cleanliness or low fuel. The key, key fob or other starting device to the Flexcar Vehicle must be returned to its designated position within the Flexcar Vehicle at the conclusion of the reservation. The Flexcar Vehicle must be locked at all times when it is not in use during your reservation. You must advise Flexcar immediately if you fail to leave the key, key fob, or starting device in the Flexcar Vehicle. Stolen Flexcar Vehicles must be immediately reported.
4.6 Belongings and Lost Property. Members must check that they have not left any belongings in the Flexcar Vehicle when they return the Flexcar Vehicle. If personal belongings are left in a Flexcar Vehicle, it is the Member's responsibility to notify Flexcar by contacting the Customer Care team within fourteen (14) days from the end of their reservation or the incident date. In the event of a breakdown or incident, Members are expected to make a reasonable effort to retrieve all personal belongings from the vehicle prior to its removal or towing. If able, Flexcar will inventory any items found in the vehicle and store them at a hub location or at an authorized third-party vendor for a period of thirty (30) days. After that period expires, Flexcar reserves the right to dispose and/or destroy any items that were recovered from the vehicle.
Flexcar shall not be held responsible or liable for any belongings left in a Flexcar Vehicle or stolen from a Flexcar Vehicle, regardless of whether you check for those belongings, and the Member agrees not to hold Flexcar responsible or liable for any such belongings, whether of the Member or any third party and, without limiting Section 9.2, the Member releases the Flexcar Parties (as defined below) from all such responsibility or liability.
4.7 Refueling. When you use a Flexcar Vehicle, you are responsible for the cost of fuel and keeping the vehicle appropriately fueled, and failure to properly fuel the vehicle, including keeping sufficient fuel levels in the vehicle, may be considered a breach of this Membership Agreement. While a Flexcar Vehicle remains in your possession, you will purchase your own fuel. At the conclusion of your reservation, you must return the Flexcar Vehicle with the same amount of fuel as when you picked it up (for example, if you picked it up with ¾ tank, you must return it with ¾ tank). Flexcar may charge up to $250 in a refueling fee which includes the cost of fuel for the missing gallons if you return your Flexcar Vehicle with anything less than with the amount of fuel required. Members must ensure that they use the correct fuel and fuel grade when refueling the Flexcar Vehicle. Fuel decontamination costs and any other damage or costs (including roadside assistance or recovery) arising from the use of the incorrect fuel or the lack of fuel are not covered by Flexcar's insurance and will subject the Member to additional fees.
4.8 Maintenance. Flexcar will perform all necessary and required routine maintenance on all Flexcar Vehicles; however, Members must assist Flexcar in helping Flexcar to maintain the driving safety and performance of the Flexcar Vehicle when the Flexcar Vehicle indicates that service or maintenance is required, by calling 866-725-2734. Atypical noises or driving feel, including but not limited to warning lamps, indicators, inappropriate or strange engine or other mechanical sounds, performance changes or unusual driving feel, must be reported to Flexcar as soon as noted. Failure to report such irregularities during the use of a Flexcar Vehicle may result in the Member's immediate suspension or termination of account as well as the Member being responsible for any damages resulting from the continued use of the Flexcar Vehicle despite such irregularities. Such damages are not covered by Flexcar's insurance. In accordance with manufacturer guidelines and Flexcar's mileage-based MQI schedule, Members must bring the vehicle to a Flexcar hub or authorized provider when notified by Flexcar (including notices delivered via the app, SMS, email, or in-vehicle indicators) and, at a minimum, as directed by Flexcar based on odometer readings and telematics. Failure to comply with a scheduled MQI or mileage-based maintenance request may result in suspension or termination and the Member being responsible for any resulting damage or abnormal wear.
For any vehicle maintenance, a Member can bring their Flexcar vehicle to a hub location or an authorized third-party vendor for the required maintenance to be performed. Members are prohibited from performing or authorizing any repairs, maintenance, or modifications on a Flexcar Vehicle without obtaining prior written approval from Flexcar. Flexcar upholds strict repair quality standards, which our authorized vendors are required to follow. Unauthorized repairs or modifications may not meet these standards and could lead to suboptimal vehicle performance or safety issues. In such cases, the member may be held responsible, financially and otherwise, for all associated costs, including but not limited to the full cost of repairs, restoring the vehicle to its original condition, and any damages resulting from unauthorized actions. If, upon diagnosis, the required maintenance is anticipated to take longer than four (4) hours, then the Member may be offered to swap to a different vehicle for the Member's use. All the requirements for swaps pursuant to Section 4.14 apply.
4.9 Cleanliness. Members are responsible for the cleanliness of Flexcar Vehicles. An additional fee may apply if the Flexcar Vehicle requires a deep cleaning due to stains, extreme dirtiness, odor, spilled liquids, excessive garbage, etc. attributable to your use, which cannot be cleaned with our standard post-subscription procedures as determined by Flexcar in our sole discretion.
Standard Cleaning Fee: A standard cleaning fee of $49 is designed to cover the costs associated with normal wear and tear from regular usage of the car. This fee ensures that Flexcar can maintain vehicles in a condition that meets our high standards for cleanliness and presentation without imposing undue penalties on members for light, normal use. This standard cleaning fee will be waived for members who return the vehicle in the same detailed condition as when they picked it up, highlighting our appreciation for members who maintain excellent care of their vehicles.
Extensive Cleaning Fee: A $250 fee will be applied for cleaning requirements that go beyond the scope of standard maintenance, and normal wear and tear, addressing issues such as:
Severe Cleaning Fee: A $450 fee is assessed for extensive cleaning requirements arising from conditions that significantly compromise the vehicle's interior environment, including but not limited to:
4.10 Breakdown or Incidents. All breakdowns, accidents or similar incidents involving Flexcar Vehicles must be reported to Flexcar immediately by phone to 866-725-2734.
Breakdown and Roadside Assistance. When using a Flexcar Vehicle, you must follow the owner manual's instructions. If a problem arises that prevents or limits the use of the Flexcar Vehicle or that may compromise safety, you must immediately notify Flexcar and follow Flexcar's instructions. Flexcar Vehicles may require Roadside Assistance from time to time. Flexcar provides Roadside Assistance support as part of our service, and, unless an authorized Flexcar representative tells you otherwise, you will be required to stay with the Flexcar Vehicle before and during provision of such Roadside Assistance.
Jump start. If you perform a jump start to the Flexcar Vehicle, you must inform Flexcar immediately. It is strictly forbidden to provide a jump start from a Flexcar Vehicle to a non-Flexcar vehicle.
Incidents. In case of an incident involving property damage or any third party, the Member must fill out an official police report form, and, if possible, provide a jointly agreed-upon statement, complete Flexcar's incident report form, and obtain the following information:
Investigation and procedure. Members must provide to Flexcar and any other claims adjustment service the findings of any report or any notice relating to a claim or a lawsuit against Flexcar regarding any incident involving a Flexcar Vehicle. Members agree to cooperate fully and promptly with Flexcar in the investigation and defense of any such claim or lawsuit. A Member's account will be suspended until the investigation has been concluded.
Unauthorized Towing and Storage Costs. Members must use Flexcar's designated Roadside Assistance provider for any towing or recovery services. If a Member arranges towing or storage without prior authorization from Flexcar or does not use Flexcar's Roadside Assistance provider, the Member will be financially responsible for all associated costs, including but not limited to towing, storage, and related fees. These costs are separate from any damage fees and will be billed directly to the Member's account.
Refueling. If you request Roadside Assistance due to insufficient fuel, you are responsible for all costs associated with the refueling event, including but not limited to the cost of the fuel delivered, any applicable refueling fee under Section 3.3(c)(v), and all costs associated with the Roadside Assistance dispatch. As set forth in Section 4.7, you are required to maintain appropriate fuel levels in the Flexcar Vehicle at all times during your reservation, and failure to do so may constitute a breach of this Membership Agreement and may cause damage to the Flexcar Vehicle for which you may be held responsible. Repeated requests for Roadside Assistance due to lack of fuel, or any request resulting from the use of incorrect fuel or fuel grade (see Section 4.7), may result in additional fees and/or termination of your membership.
4.11 Traffic Violations. You are responsible for any traffic violations incurred during your subscription or as a result of your use of a Flexcar Vehicle. These include, but are not limited to parking, speeding, red light, photo enforcement, and toll violations. You must report such violations to a Flexcar representative as soon as possible within the prescribed deadline for the violation (for example, if the case is being taken to court). All unreported traffic violations will be the responsibility of a Member if they occur during the time period during which such Member is using or responsible for the Flexcar Vehicle. Where a violation incurred during the Member's subscription period or after it as a result of failure to adhere to driving, vehicle, traffic or parking regulations is sent directly to Flexcar, Flexcar will pay the penalty/fee on behalf of the Member and you agree to pay the penalty/fee, which is added to the Member's account as described in Section 3.3. Flexcar may transfer liability for the penalty/fee to the Member in which case the Member will be wholly responsible for all correspondence with the appropriate authority and any penalties/fees due. Any right to contest, appeal, or transfer liability, on any driving, vehicle, traffic or parking charge issued by any authority or body belongs to Flexcar and will be at Flexcar's absolute discretion. In the case of speeding notices, Flexcar may pass on the offending Member's details to the police or other authorities. Due to the reliance upon local traffic authorities and police, some traffic violation notifications and subsequent fees maybe delayed up to 6 months in adding the fees to the Member's account.
4.12 Smoking. Smoking of any kind is absolutely prohibited in Flexcar Vehicles and any evidence of smoking is a breach of this Agreement. This includes all smoking devices of any kind, including electronic cigarettes, vape pens, pipes, or any other smoking apparatus. If any evidence of smoking is found in the vehicle or if there is an odor detection of smoke in the vehicle, then the Members are subject to a fee as the Flexcar Vehicle may require a deep cleaning and deodorizing upon return.
4.13 Pets Pets are permitted in Flexcar Vehicles, although Members may be subject to additional fees if evidence of damage due to pets is found in Flexcar Vehicles or if the Flexcar Vehicle requires a deep cleaning due to pet presence in the Flexcar Vehicle upon return.
4.14 Right to Swap Flexcar Vehicles. Members shall have the right at the conclusion of a monthly subscription period, to swap their current Flexcar Vehicle for a different type of Flexcar Vehicle in the same tier, subject to availability. If you wish to swap your current Flexcar Vehicle for a Flexcar Vehicle in a different tier, you must terminate your current subscription and begin a new subscription for the Flexcar Vehicle in a different tier. Your Flexcar Vehicle swap requests will be processed per Flexcar Vehicle category. A swap fee shall apply; see our Support Center for more information here. You are not guaranteed any particular make or model at any time. Please contact Flexcar to arrange for a swap. A swap fee is charged for all swaps.
4.15 Right to Access Flexcar Vehicles. Flexcar shall have the right to access the Flexcar Vehicle in your possession at any time to inspect its condition or to perform maintenance. Flexcar shall have the right to require you to immediately swap the Flexcar Vehicle in your possession at any time for an equivalent or better Flexcar Vehicle if (i) the subscription period extends beyond three months; (ii) Flexcar determines your current Flexcar Vehicle needs maintenance or is subject to a recall; (iii) the Member encounters difficulties with the operation or performance of the Flexcar Vehicle; or (iv) Flexcar wishes to replace it with another Flexcar Vehicle. The Member shall be required to check in with Flexcar monthly either through its website or by calling 866-725-2734 so that Flexcar can assess the condition of the Flexcar Vehicle and any potential maintenance requirements. Members must provide accurate odometer readings upon request and consent to Flexcar's collection of odometer and distance data to schedule MQIs. Members must also immediately return the Flexcar Vehicle upon termination of Member's subscription for any reason, or if Flexcar, in its sole discretion, otherwise determines return of the Flexcar Vehicle is necessary.
4.16 Right to Repossess Flexcar Vehicles.
Flexcar can repossess the Flexcar Vehicle at any time in its sole discretion, with or without notice to you. Flexcar can repossess the Flexcar Vehicle for reasons that include, but are not limited to, the following: the Flexcar Vehicle is found illegally parked, being used to violate the law or the terms of this Agreement, appears to be abandoned, or you fail to make any timely payments required hereunder. Failure to make timely payment is a material breach of this Agreement. Upon notice of a failed payment, the Member must remit payment immediately, and if unable to make the payment, then the Member shall return the vehicle within twenty-four (24) hours. If the Member fails to make a timely payment or return the vehicle, then the Flexcar Vehicle will be repossessed. You agree that Flexcar may take any actions reasonably necessary to obtain possession of the Flexcar Vehicle, including remotely disabling the engine, remotely locking the doors, tracking the location of the car through GPS tracking devices and utilizing for Flexcar's benefit any other devices connected to the Flexcar Vehicle or affecting the Flexcar Vehicle's operation. If the Flexcar Vehicle is repossessed, you will be charged and be responsible for all overdue payments, repossession fees, any other fees on the account and the fees described in Section 3.3.
Flexcar Vehicles contain devices that monitor the Flexcar Vehicle's condition, performance and operation, track fuel consumption, distance travelled, odometer readings and service-interval status, driving behavior (including but not limited to speeding, reckless driving, etc.), 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. These communications are turned on all the time, even when other services or other media in the car are turned off. Flexcar may immediately suspend or terminate the use of its service by any Member based on vehicle information, including but not limited to accidents, harsh driving, speeding, and other data obtained from Connected Car or other telematics provider.
These devices may have been installed by us, on our behalf, or by the Flexcar Vehicle manufacturer. If the devices are installed by the Flexcar Vehicle manufacturer, the Flexcar Vehicle manufacturer will process the Connected Car Data in accordance with its privacy notice. Disconnecting, removing, or damaging these devices will subject the Member to fees as stated in Section 3.3. For more information about how we collect, use, share and otherwise process any of your personally identifiable information ("PII") in connection with this service, please see our Privacy Notice (found here) .
Flexcar is committed to encouraging safe driving behaviors by enrolling our Members in the Safe Driving Program ("SD Program"). Participation in the SD Program is required for any person that uses a Flexcar Vehicle. By participating in the SD Program, Members will unlock the chance to earn exclusive rewards such as discounts, credits, or perks.
Participation in the Safe Driving Program is subject to approval by Flexcar in its sole discretion and, without limiting the foregoing, may be denied based upon other factors determined by Flexcar. In addition, even if approved for participation in the Program, Flexcar may terminate a Member's participation in the Program at any time and may decline to offer vehicles to a Member at any time or for any reason not prohibited by applicable law.
Driving Score: Flexcar is committed to keeping you and others safe while in your Flexcar vehicle. Flexcar will create a Driving Score for the Primary Member on the account by using Connected Car Data (as described in our Privacy Policy), which includes vehicle-based components, including but not limited to, acceleration, braking, cornering, speed of driving and other telematics data. Because Flexcar associates the Connected Car Data with you as the Primary Member, that Connected Car Data and the Driving Score we infer from that data may constitute personal information. Please see our Privacy Policy for more information about our privacy practices. Your Driving Score plays a central role in determining your eligibility for rewards. This score changes dynamically over a billing period based on vehicle-based data. The Driving Score is scored on a scale of 0-100, with a score of 100 indicating excellent driving habits, and a score of 0 indicating extremely unsafe driving habits.
Timeline of Evaluation: For all members, the Driving Score will be available in the Flexcar mobile app within fourteen (14) days after enrollment. For new Flexcar members, after approximately two (2) months of information based on your Driving Score, a determination will be made on your eligibility for rewards, discounts or fees for the next billing cycle, which may apply based on your jurisdiction. For existing Flexcar members, it will take 30 days or one billing cycle for determinations for rewards, discounts or fees based on Driving Score. The determination of rewards, discounts or fees will be done monthly thereafter. The Driving Score will be evaluated approximately five (5) days before your next billing cycle ("monthly check-in") for eligibility for rewards, discounts or fees, which may apply based on your jurisdiction. The Driving Score will also be used to provide tips and suggestions on how to improve your driving.
Driving Score Impact: If the Driving Score indicates excellent driving habits, Flexcar may within its sole discretion offer the Primary Member rewards, such as discounts, credits, perks, and more. However, if the Driving Score indicates unsafe driving habits, Flexcar may within its sole discretion apply a surcharge or fee for a low Driving Score, which may apply based on your jurisdiction.
Participation: Members are automatically opted-in to the SD Program upon check out or added to an existing member's account, subject to eligibility and approval. By using a Flexcar vehicle, you agree that Flexcar may use Connected Car Data to create a Driving Score associated with you and your account. The Driving Score will determine your eligibility for additional rewards or discounts.
Modification: Flexcar reserves the right to modify or discontinue any rewards or surcharges associated with the Safe Driving Program at any time and at its sole discretion. This may include changes to reward type, amount, or eligibility criteria. Continued participation constitutes acceptance of any such changes.
Determination: Flexcar determines the driving score through internal evaluation methodologies, which may incorporate data provided by third-party telematics service providers. The driving score is not issued or calculated by any third party. Flexcar retains sole discretion over the criteria, interpretation, and scoring methodology used in its assessments.
Service Restrictions: Members who demonstrate consistent unsafe driving as determined by the Driving Score may be subject to service restrictions and deemed ineligible to continue with Flexcar. Any Member subject to these service restrictions will be eligible for prorated refunds of their unused annual Flexcar Membership days and/or Flexcar Mileage Plan and Protection Plan days.
This membership benefit is sponsored by Flexcar and is governed by these official rules. By participating in this membership benefit, each participant agrees to abide by these Official Rules, including all eligibility requirements, and understands that the results of the membership benefit, as determined by Flexcar, are final in all respects. The benefit is subject to all federal, state, and local laws and regulations and is void where prohibited by law.
This benefit is sponsored and associated with several different gas stations depending on location, including but not limited to Sunoco, Exxon and Mobil; however, any questions, comments, or complaints regarding the benefit will be directed to Flexcar, not Sunoco.
The Flexcar Gas Saver™ provides a per gallon discount, applied as a credit to your next monthly invoice. It works at participating Sunoco locations in the US. This discount is exclusive to Flexcar customers and is designed to offer customers the lowest gas prices; however, due to fluctuating gas prices, the lowest price available is not guaranteed at the time of use. The discount is only applicable to purchases made at participating Sunoco locations. To be eligible for the discount, the participant's Flexcar account must be in good standing and Flexcar reserves the right to terminate or suspend any user's participation in the Program for abuse, fraud, or violation of these terms. Flexcar reserves the right to change, suspend or terminate the benefit, any part thereof, or its terms at any time without prior notice. Flexcar shall not be liable for any damages, losses or additional expenses arising from or related to participation in this Program, including but not limited to the use or liability to use this reward.
Participation in the Program is subject to Flexcar's Privacy Policy, which outlines how we collect and use personal information. Please see our Privacy Policy for more information about our privacy practices. By participating in the Program, you agree to be bound by these terms and conditions, and it is your responsibility to review them periodically for updates.
Participation in Flexcar's Loyalty Programs that may be offered by Flexcar are subject to the following terms and conditions:
Eligibility: The Program is open to individuals who are active Flexcar members and meet Flexcar's standard eligibility requirements as stated in this Agreement. Participants must consistently maintain an active annual membership to be eligible for participation in the Loyalty Programs. Any lapse in payment of the Flexcar annual membership fee, monthly payments or any other fees, including mileage, could result in loss of program benefits and tier status.
Rewards: Rewards based on participation in Loyalty Programs are based on a variety of different factors, including but not limited to qualifying months in a Flexcar vehicle, payment history, and/or driving behavior. Some Rewards have no cash value. Please refer to the FAQ page for the specific Loyalty Program regarding application of the potential Rewards. Rewards may vary by location and vehicle class, and are subject to change without notice.
Modifications: Flexcar reserves the right to modify, suspend, or terminate any of the Loyalty Programs or any part of thereof at any time without prior notice. This includes changes to reward tiers, pricing discounts, eligible swaps, redemption options, etc.
Misuse: Flexcar may cancel a Loyalty Program participation or void rewards if there is suspected fraud, abuse, or violation of these terms. Misuse includes but is not limited to creating multiple accounts, falsifying activity, or transferring rewards contrary to Program rules.
Membership Terms Apply: All vehicles are subject to Flexcar's Membership Agreement including terms and conditions, and applicable fees. Earning or redeeming rewards does not waive or modify any policies or requirements, including age, licensing, or credit card requirements.
Limitation of Liability: Flexcar shall not be liable for any damages, losses or additional expenses arising from or related to participation in any of the Loyalty Programs, including but not limited to the use or inability to use or redeem rewards.
Privacy: Information collected through the Loyalty Programs are subject to Flexcar's Privacy Policy, which outlines how personal information is used, stored and protected. Please see our Privacy Policy for more information about our privacy practices.
By enrolling in or using the Loyalty Programs, you agree to these terms and conditions. It is your responsibility to review them periodically for any updates or changes.
As stated in section 4.3(d) above, unless otherwise approved by Flexcar, the use of a Flexcar Vehicle primarily for rideshare services (including but not limited to Uber, Lyft, Via, or similar platforms) or for delivery, courier, or on‑demand services (including but not limited to Uber Eats, DoorDash, Grubhub, or similar services) is strictly prohibited.
Flexcar's insurance and protection options do not provide any coverage for incidents, accidents, losses, injuries, or property damage that occur during, arise out of, or relate in any way to prohibited rideshare, delivery, or other commercial activities.
If a Member uses a Flexcar Vehicle for these purposes, the Member will be personally and fully responsible, without limitation, for:
Engaging in rideshare, delivery, or commercial use of a Flexcar is a material breach of this Agreement and may result in repossession of the Flexcar Vehicle pursuant to section 4.16 or termination of the Member's account pursuant to section 7.2.
5.1 General: A Member is financially responsible for any and all damages that occur to a Flexcar Vehicle while in the Member's possession or control (including the entire time the Flexcar Vehicle is reserved under the Member's account) to the extent the insurance described herein does not cover such damages, even if damage is weather-related, caused by a third party or arises from similar causes, and is responsible for the full value of any damages or injuries caused to third parties or their property. Such damages include, without limitation, the repair costs (estimated or actual) for the Flexcar Vehicle and third party property, injuries to third parties, costs associated with the related recovery or transportation of Flexcar Vehicles, and the loss of use of Flexcar Vehicles or third party property. This damage includes, but is not limited to:
5.2 Damage Deductible: If a Member is in compliance with all of the terms and conditions of this Agreement, including providing all reasonable assistance to Flexcar in the event of any incident, the Member's financial responsibility for the damage to the Flexcar Vehicle will be limited to the amount of their damage deductible per vehicle per incident, the ("Damage Fee"). Members are financially responsible for up to the full amount of the Damage Deductible for actual, estimated or projected expenses, whether or not an actual claim is made or processed. Flexcar will charge your payment method for the actual, projected, or estimated expenses. Once your payment for damage is complete, you may be considered eligible to take possession of another Flexcar vehicle. If Flexcar is able to recover the amount of the damage from a third party, then Flexcar may reimburse the member up to the amount paid in damages. If the Member has an overdue balance, then the amount recovered from a third party would be first applied to the outstanding balance and any remaining amount would be refunded to the Member, which occurs after receipt of funds from a third party and after all outstanding invoices are paid. It is a requirement of Flexcar to select one of the below coverage options. Damage Deductible amounts may vary based on Member location, such as home, billing, or delivery address. Members must select either the Essential or Enhanced Protection at the time of check out.
Essential Protection: Members can select the Essential Protection, which limits the Member's financial responsibility for damage to the Flexcar Vehicle to $2,000 or $3,000 per incident, depending on location, as referenced above.
Enhanced Protection: For an additional cost per month plus tax, Members can select the Enhanced Protection, where the Member's financial responsibility for damage to a Flexcar Vehicle damage is limited to $500 or $1,000 per incident, depending on location, and glass replacement is covered, provided compliance with this Agreement. The Enhanced Protection is optional, not required, and does not impact a Member's coverage under the Essential Protection.
5.3 Damage Notification and Fee: If a Member's vehicle sustains any damage during the subscription period, the Member must call the Customer Care team as soon as possible. The Member is then required to complete the incident form from Flexcar's Insurance. If a Member fails to report damage or does not complete the incident form, then the Member could be liable for up to the entire amount of the estimated damage. In addition, Flexcar would impose a fee for the Member's failure to report the damage to Flexcar and file an incident report.
5.4 Liability Coverage: Flexcar provides third party liability coverage as described in Section 6 below. Flexcar includes state minimum liability insurance with every subscription, and the specific coverage that applies to an incident is based on the state in which the incident took place. If, however, a Member fails to abide by the terms and conditions of this Agreement, including providing all reasonable assistance to Flexcar in the event of any incident, the third party liability coverage Flexcar provides may not apply, which may make the Member responsible for the full cost of any accident or incident and any damage arising from such accident or incident. For example, a Member who has violated this Agreement will be responsible for all damage and costs incurred as a result of an incident during a reservation under the Member's account.
5.5 New York Reservations: For reservations originating in New York State: In the event a Flexcar Vehicle reserved from a location in New York State is damaged while it is reserved under the Member's account, Flexcar will provide the Member with an incident report form, an estimate of the cost for repairing the Flexcar Vehicle, and the Damage Fee the Member is obligated to pay, if it is proven that the Flexcar Vehicle was damaged while it was reserved under the Member's account, pursuant to the terms of this Agreement. A Member is obligated to truthfully and timely complete the incident report form, or Flexcar will have the right to terminate Member's account. The Member has the right to contest any damage that Flexcar determines may have occurred while the Flexcar Vehicle was reserved under the Member's account.
6.1 If you are in good standing and are authorized to operate one of our vehicles under this Agreement, subject to you fulfilling your obligations under this Agreement, Flexcar will provide third party liability coverage for causing bodily injury or death to others or damaging the property of someone else up to the minimum automobile financial responsibility insurance limits required by the law of the jurisdiction in which the accident occurs. Except where required by law to be primary, any third party liability coverage provided by us shall be excess of any applicable insurance available to you, or any other driver, from any other source, whether primary, excess, or contingent in any way. Your personal property is not covered by the insurance provided by Flexcar. You will be responsible for any and all damage to any of the Flexcar Vehicles that are not covered by your insurance coverage.
6.2 IF YOU VIOLATE ANY OF THE TERMS IN THIS AGREEMENT, COVERAGE CAN BE DENIED. NO COVERAGE IS PROVIDED FOR ANY USE OF THE FLEXCAR VEHICLES BY ANYONE OTHER THAN THE AUTHORIZED DRIVERS ON YOUR ACCOUNT. THIS MEANS THAT ONLY YOU AND ANY AUTHORIZED DRIVERS UNDER THIS AGREEMENT ARE COVERED BY THE INSURANCE PROVIDED BY FLEXCAR.
6.3 You agree that Flexcar can provide coverage under a certificate of self- insurance or an insurance policy, as we choose. In any case, a copy of the policy and/or certificate will be available for your inspection at the main office of our parent company or Flexcar's headquarter location. You understand that unless required by applicable law, Flexcar will not provide (a) coverage for fines, penalties, punitive or exemplary damages; (b) coverage for death or bodily injury to you or any member of your family or the driver's family members related by blood, marriage or adoption residing with you or them; or the driver's family, or to a fellow employee arising out of or in the course of employment; (c) defense against any claim after the applicable limits of protection that we furnish are tendered; or (d) supplementary no fault, noncompulsory uninsured or under-insured motorist coverage, and any other optional or rejectable coverage. Where any of these coverages are required or implied by law, the limits shall be the minimum required under the automobile financial responsibility law of the jurisdiction in which the accident occurs.
6.4 Where permitted by law, you are rejecting uninsured or underinsured motorist and all other optional automobile insurance coverages under any policy of insurance or certificate of self-insurance in connection with this Agreement, for you and all other passengers in the car, and each Member agrees that Flexcar is hereby authorized to sign any forms or acknowledgements on behalf of each Member rejecting such coverage. You understand that uninsured and underinsured motorist coverage protects a driver and other passengers in a car for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance or has insufficient insurance to pay for losses and damages.
6.5 Where required by law, we provide Personal Injury Protection (PIP), or "no-fault" coverage, to the minimum level required by the jurisdiction in which the accident occurs, for injuries you may suffer in an accident. Members may also use their own health care coverage in case of injury and, where permitted by law, any PIP or no- fault coverage Flexcar may provide shall be excess to any personal injury coverage that is available to the Member from any other source. If any such protection described above is imposed by operation of law, then the limits of such protection will be the minimum required for protection by the automobile financial responsibility law of the jurisdiction in which the accident occurs. No coverage is provided for any use of a Flexcar Vehicle by any unauthorized driver as defined by the terms of this Agreement; provided, however, if such coverage is mandated by law, then the limits of such protection will be the minimum automobile financial responsibility insurance limits required by law in the jurisdiction where the accident occurs. The third party liability coverage provided by Flexcar does not relieve Members of their obligations with respect to the Damage Deductible and/or Fee described in Section 5.
6.6 For clarification, any third-party liability coverage provided under this Agreement only applies when a Member is in compliance with the terms and conditions of this Agreement, including providing all reasonable assistance promptly to Flexcar in the event of any incident.
6.7 There is no coverage in Mexico, and the Flexcar Vehicle may not be taken into Mexico under any circumstances.
If you do not have a subscription or membership to use a Flexcar Vehicle, then the term of this Agreement will conclude when you return the Flexcar Vehicle in accordance with this Agreement at the conclusion of your reservation.
In addition to the termination provisions set forth in Section 7.2 below, Flexcar may terminate this Agreement for any reason at any time upon no less than fourteen (14) days' notice to the Member, in which event Flexcar will, if applicable, refund a prorated portion of the Member's monthly fee. With respect to any termination of this Agreement, the Member shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement.
7.2 Flexcar may also, upon notice to the Member or any Authorized Driver, immediately terminate this Agreement if the Member or any Authorized Driver (a) fails to pay any sum due under this Agreement, (b) fails to comply with any term or condition specified in the Agreement (including any Rules), (c) is involved in an incident with a Flexcar Vehicle that, in Flexcar's reasonable sole discretion, renders the Member or Authorized Driver ineligible or inappropriate for continued participation in the Flexcar Program, (d) engages in any activities or conduct that Flexcar, in its sole discretion, determines to be inappropriate, negligent, offensive, abusive or otherwise unacceptable, or (e) is not paying the Member's debts as such debts generally become due, becomes insolvent, files or has filed against the Member a petition (or other document) under any bankruptcy or insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition (or document), proposes any dissolution, liquidation, composition, financial reorganization or recapitalization with creditors, makes a general assignment or trust mortgage for the benefit of creditors, or if a receiver, trustee, custodian or similar agent is appointed or takes possession of any of the Member's property or business. No subscription or other fees will be refunded in the event of termination pursuant to this Section 7.2.
7.3 Upon termination, all of the Member's and Authorized Driver's rights to use Flexcar's services and Flexcar Vehicles shall immediately terminate. The Member agrees to return immediately to Flexcar any Flexcar Vehicle or any other property of Flexcar that the Member has in the Member's possession. Additionally, the Member shall be responsible for and agrees to pay any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise (including, without limitation, any costs relating to recovering any of the foregoing property or any amounts due and owing to Flexcar).
8.1 UNDER NO CIRCUMSTANCES WILL FLEXCAR BE LIABLE TO ANY MEMBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR USE OF THE FLEXCAR PROGRAM. UNDER NO CIRCUMSTANCES WILL FLEXCAR'S AGGREGATE LIABILITY TO ANY MEMBER OR ANY THIRD PARTY ARISING FROM OR RELATED TO THIS AGREEMENT OR USE OF THE FLEXCAR PROGRAM EXCEED THE AMOUNT (IN USD) ACTUALLY RECEIVED FROM THE MEMBER IN THE 12 MONTHS PRECEDING THE CLAIM GIVING RISE TO THE LIABILITY.
8.2 The limitations set forth in this Section 8 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Flexcar or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
9.1 To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Flexcar, Flexcar's affiliated entities, and its and their service providers, licensors, officers, directors, employees, contractors and agents (the "Flexcar Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to your (i) use of the Flexcar Program or Flexcar Vehicles or (ii) breach of, or noncompliance with, this Agreement. You will cooperate with the Flexcar Parties in defending all third-party Claims, and pay all fees, costs, and expenses associated with defending such third-party Claims (including attorneys' fees). The Flexcar Parties will have control of the defense or settlement, at Flexcar's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Flexcar or the other Flexcar Parties.
9.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE FLEXCAR AND THE OTHER FLEXCAR PARTIES FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND/OR DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING CLAIMS OF NEGLIGENCE), ARISING OUT OF OR RELATED TO DISPUTES BETWEEN USERS AND THE ACTS OR OMISSIONS OF THIRD PARTIES. IF YOU ARE A CONSUMER WHO RESIDES IN CALIFORNIA, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE § 1542, WHICH PROVIDES: 'A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND FLEXCAR TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND FLEXCAR FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND FLEXCAR AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. FLEXCAR AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.
Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and may be subject to very limited review by courts. Under this dispute resolution provision, arbitrators can award the same individual relief affecting individual parties that a court can award, including damages and an award of attorneys' fees, if the applicable law allows. BY AGREEING TO RESOLVE DISPUTES THROUGH ARBITRATION, YOU AND FLEXCAR AGREE TO EACH UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT.
10.1 Pre-Dispute Resolution Procedure. For any dispute or claim arising from, relating to, or stemming from this Agreement, any Flexcar Vehicles, or other services provided by Flexcar, or any aspect of the relationship or transaction between you and Flexcar as relates to this Agreement, any Flexcar Vehicles, or other services provided by Flexcar (including, without limitation, any (i) privacy or data security claims and (ii) disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this arbitration provision or any portion thereof) (collectively, "Claims", and each, a "Claim"), you and Flexcar agree to attempt to resolve the Claim informally via the following process. Before asserting a Claim in any proceeding (including in an individual arbitration or in a small claims proceeding), you and the applicable Flexcar Party agree that each of you 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 a Flexcar Party, you must send the written notice of the claim by certified mail to Flexcar Legal, Flexcar, LLC PO Box 961270 Boston, MA 02196. If Flexcar intends to assert a claim against you, we will send the written notice of the claim to you at your address appearing in our records. Each notice must describe the nature and basis of the Claim and include the relief sought. 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).
10.2 Agreement to Arbitrate. Except as otherwise provided in Section 10.4 of this dispute resolution provision, in the event of a Claim that cannot be resolved informally through the pre-dispute resolution procedure set forth in Section 10.1, you and the Flexcar Parties agree to arbitrate all Claims, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis. The arbitrator will have the authority to (i) interpret this arbitration provision (including its scope) and the arbitrability of the Claim and (ii) grant any remedy or relief that would otherwise be available in court.
10.3 Applicable Law and Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial disputes from the American Arbitration Association ("AAA"). As modified by this Agreement as follows, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the current version of the AAA's rules for consumer arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. For more information on AAA, its rules and procedures, and how to file an arbitration claim, you may call AAA at 800- 778-7879 or visit the AAA website at http://www.adr.org
Class Action Waiver. YOU AND THE FLEXCAR PARTIES AGREE THAT ANY CLAIMS BROUGHT BY YOU OR THE FLEXCAR PARTIES WILL BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND WILL NOT BE BROUGHT AS A CLASS, REPRESENTATIVE, COLLECTIVE OR PRIVATE ATTORNEY GENERAL ACTION. Except as described below for additional procedures to govern if 25 or more similar or coordinated claims are asserted against Flexcar or you by the same or coordinated counsel, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. You and the Flexcar Parties agree to seek only such relief— whether in the form of damages, an injunction, or other non-monetary relief— as is necessary to resolve any individual injury that either you or Flexcar have suffered or may suffer. In particular, if either you or a Flexcar Party seek non- monetary relief, such relief must be individualized and may not affect individuals or entities other than you or the applicable Flexcar Party.
Protection of Information. If you or Flexcar submits a Claim to arbitration and the arbitrator orders any exchange of information, you and Flexcar agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Flexcar agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
Hearings and Decisions. For all arbitrations where the claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA's Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (a) the arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and (iii) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision that follows this Agreement and is sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator's award shall be final and binding and may be enforced in any court of competent jurisdiction. Further, an arbitrator's award and any judgment confirming it shall apply only to that specific case and cannot be used in any other case except to enforce the award itself. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
Fees and Costs. If you are an individual (and not a partnership, corporation, or other form of entity or non-natural person) (an "Entity Member"), in the event that (1) your claim is less than $10,000, and (2) you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the applicable Flexcar Parties will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Flexcar also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration. However, the Flexcar Parties will not pay your share of the arbitration fees if the arbitrator finds that either your claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).
Multiple Case Filings. The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if 25 or more similar claims are asserted against Flexcar or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Flexcar understand and agree that when 25 or more similar claims are asserted against Flexcar or you by the same or coordinated counsel or are otherwise resolved, your or Flexcar's Claim might be delayed. For such coordinated actions, you and Flexcar also agree to the following coordinated bellwether process. Counsel for the claimants and counsel for Flexcar shall each select 10 cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration, nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial 20 proceedings, each side shall select another 10 cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration, nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this staged process from the time the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Flexcar or you.
10.4 Small Claims, Personal Injury Claims and Flexcar Vehicle Damage or Loss Claims. The following disputes and claims are exempt from Sections 10.1- 10.3: (i) unresolved disputes and claims that are filed in a small claims court; (ii) disputes and claims regarding personal injury and/or damage to or loss of a Flexcar Vehicle related to your Flexcar subscription; and (iii) if you are an Entity Member, disputes over the validity of any party's intellectual property rights.
10.5 One Year to Assert Claims. To the extent permitted by law, any Claim by you or Flexcar must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and Flexcar will not have the right to assert the Claim.
10.6 Opt Out. You have the right to opt out of binding arbitration within 30 days of the date you first accepted this Agreement by providing us with notice of your decision to opt-out via email at legal@flexcar.com or by certified mail addressed to Flexcar Legal, Flexcar, LLC PO Box 961270 Boston, MA 02196. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 11.6.
10.7 Conflicts; Severability. In the event of any conflict between this dispute resolution provision and any other dispute resolution provision in any other agreement between you and Flexcar, the dispute resolution provision in this Agreement shall govern. If any portion of this Section 10 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from this Agreement; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 10 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 10; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 10 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 10 will be enforceable.
10.8 Modification of this Provision. Notwithstanding any provision in this Agreement to the contrary, you and Flexcar agree that if Flexcar makes any material change to this arbitration provision, including the deletion of this provision, that change will not apply to any dispute that you had already provided Flexcar notice of in writing.
10.9 Third Party Beneficiaries. Without limitation of any of the foregoing, you acknowledge and agree that with respect to the dispute resolution provisions in this Section 10, each applicable Flexcar Party shall be deemed to be an intended third-party beneficiary of this Section 10, with authority to enforce this Section 10.
11.1 By applying for participation in the Flexcar Program and becoming a Flexcar Member, the Member represents and warrants to Flexcar that the Member has received all explanations as the Member may have reasonably requested concerning the content of this Agreement, including all Schedules, and that the Member has carefully reviewed and understands the Member's commitments and obligations hereunder. The Member also represents that the Member has reviewed and understands the Flexcar Privacy Notice (found here) and acknowledges that any information shared by, or collected from or about, the Member may be used by Flexcar in accordance with the terms of the Privacy Notice as it may be amended from time to time.
11.2 To the fullest extent permitted by applicable law, this Agreement and any notices or other communications (including, without limitation, by e-mail) regarding access to and/or use of the Flexcar program may be provided to Member electronically, and Member hereby agrees to receive electronic communications from Flexcar in an electronic form. Electronic communications may, and will, be delivered to the email address that Member provided to Flexcar in their application. Member expressly agrees that any notice or other communications required under this Agreement may be given in email form. In addition, Member expressly agrees that it is Member's sole responsibility to keep Member's email address current and accurate by providing Flexcar with written notice of any changes to the same, and that Flexcar may reasonably assume that any communications sent to the email address provided will be received by Member. Member's consent to receive communications electronically is valid until Member revokes their consent.
Transactional SMS Communication: As a Flexcar member, you consent to receive essential transactional SMS messages from Flexcar's designated long-code phone numbers, +1 (844) 540-1311 and +1 (857) 302-1188. These messages are necessary for the effective management of your subscription and the use of Flexcar vehicles, including service alerts, maintenance updates, and reservation details. Receipt of these messages is a mandatory aspect of your membership, intended to enhance your Flexcar experience and ensure seamless service delivery.
11.3 The rights granted to the Member or other Authorized Drivers on the Member's Account under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without the written consent of Flexcar shall be void and of no force and effect. Flexcar may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
11.4 No delay or omission by Flexcar to exercise any right or power occurring upon any noncompliance or default by the Member with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Flexcar of any covenant, condition, or agreement to be performed by the Member shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
11.5 If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
11.6 This Agreement is governed by the laws in force in the Commonwealth of Massachusetts and shall be interpreted according to the internal laws of such Commonwealth, without reference to its conflicts of laws or choice of law rules. All disputes hereunder shall be resolved solely in the applicable state or federal courts of Massachusetts. The parties hereby consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
11.7 Any legal notices or communication required or permitted to be given to the Member shall be in writing and shall be sufficiently given if delivered by email or mailed to the Member at the email or postage address provided to Flexcar in the Member's completed application or as updated by the Member and on file with Flexcar. Any legal notices or communication required or permitted to be given to Flexcar shall be in writing and shall be sufficiently given if delivered via email or mailed as follows:
Flexcar, LLC
Attention: Legal Department
Flexcar, LLC PO Box 961270
Boston, Massachusetts 02196 USA.
Email address for Legal notices only: legal@flexcar.com
12.1 The following terms apply if you access Flexcar services on any device that contains the iOS mobile operating system (the "iOS App") developed by Apple Inc. ("Apple"):
Acknowledgement. You acknowledge that this Agreement is concluded solely between us, and not with Apple. Flexcar, not Apple, is solely responsible for this iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the Apple iOS App Store will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.
Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple iOS App Store Terms of Service.
Maintenance and Support. You and Flexcar acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Flexcar. However, Flexcar has disclaimed all warranties of any kind with respect to the iOS App, and therefore, there are no warranties applicable to the iOS App.
Product Claims. You and Flexcar acknowledge that as between Apple and Flexcar, Flexcar, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party's intellectual property rights, Flexcar, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under this Agreement.
Developer Name and Address.. Any questions, complaints, or claims with respect to the iOS App should be directed to: Flexcar, LLC PO Box 961270 Boston, Massachusetts 02196 USA legal@flexcar.com
Third-Party Terms of Agreement. You will comply with any applicable third-party terms when using the Flexcar services.
Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
12.2 The following terms apply if you install, access, or use Flexcar services on any device that contains the Android mobile operating system (the "Android App") developed by Google, Inc. ("Google"):
Effective upon Member election of Annual Vehicle Subscription at checkout.
This New York State Annual Vehicle Subscription Addendum ("NY Addendum") is incorporated into and made a part of the Flexcar® Membership Agreement (the "Agreement") between Flexcar, LLC ("Flexcar") and the Member. Capitalized terms used but not defined herein have the meanings given to them in the Agreement. In the event of any conflict between this NY Addendum and the Agreement, the terms of this NY Addendum shall control with respect to the subject matter herein.
1. Applicability. This NY Addendum applies solely to Members whose primary address is in the State of New York and who have elected a one (1) year Annual Vehicle Subscription at the time of checkout or renewal, as described in Section 3.4(d) of the Agreement.
2. Annual Vehicle Subscription Term. The one (1) year Annual Vehicle Subscription term commences on the date the Member places their order and continues for a period of one (1) year from that date ("Term End Date"), regardless of the date on which the Member takes physical possession of the Flexcar Vehicle. For example, if a Member places their order on January 1, the Annual Vehicle Subscription term will conclude on December 31 of that same year, irrespective of when the vehicle was picked up or delivered. The Term End Date will be displayed in the Member's account and confirmed in the order confirmation provided to the Member at the time of checkout. Flexcar will provide the Member with advance notice of their upcoming Term End Date no less than thirty (30) days prior to the Term End Date, at which time the Member may elect to renew for an additional Annual Vehicle Subscription term or allow the subscription to convert to a Recurring Monthly Subscription in accordance with Section 7 of this NY Addendum.
3. Tax Treatment. In connection with the Annual Vehicle Subscription, applicable New York State and local taxes shall be assessed on the monthly vehicle and mileage plan and will be based on New York sales taxes for long term leases. The full amount of such taxes for the one (1) year term will be calculated and charged to the Member's account in a single upfront payment at the commencement of the Annual Vehicle Subscription term. No additional subscription-related taxes will be assessed on a monthly basis during the remainder of the term, provided the Member remains enrolled in the Annual Vehicle Subscription for the full term.
If a Member makes a change to their Annual Vehicle Subscription during the twelve (12)-month term that alters the taxable base upon which New York State and local taxes were calculated at commencement—including, without limitation, a change in vehicle selection, mileage plan, or the addition or removal of an Additional Driver—the following tax adjustment provisions shall apply:
(i) Upgrades (Taxable Base Increases). If a plan change results in an increase to the Member's monthly fee or other taxable components (an "Upgrade"), the Member shall be responsible for paying the incremental tax amount attributable to such Upgrade for the remainder of the Annual Vehicle Subscription term. Such incremental tax shall be calculated as the difference between (A) the total taxes that would have been assessed upfront at checkout based on the new, higher taxable base for the full one (1) year term, and (B) the total taxes actually assessed and collected at the commencement of the Annual Vehicle Subscription term based on the original taxable base. The resulting incremental tax amount shall be charged to the Member's account in a single lump-sum payment at the time the plan change becomes effective. No refund of the upfront taxes previously paid will be issued in connection with an Upgrade.
(ii) Downgrades (Taxable Base Decreases). If at the end of the one (1) year term, a plan change results in a decrease to the Member's monthly subscription fee or other taxable components (a "Downgrade"), the Member shall not be entitled to an immediate refund of any portion of the taxes paid upfront at commencement. Instead, Flexcar will calculate the tax credit amount equal to the difference between (A) the total taxes assessed and collected at commencement based on the original taxable base for the full one (1) year term, and (B) the total taxes that would have been assessed based on the new, lower taxable base for the full one (1) year term.
Converts to Recurring Monthly Subscription. If at the Term End Date, the member allows the subscription to convert to a Recurring Monthly Subscription in accordance with Section 7 of this NY Addendum, then the resulting tax credit amount shall be applied to taxes owed by the member on their monthly subscription payments until the credit amount is exhausted. Tax credits will only be applied provided the Member has remained enrolled in the Annual Vehicle Subscription through the Term End Date and is not in breach of this Agreement or this NY Addendum at the time of such conclusion.
Terminates Flexcar Membership. If at the Term End Date, the member terminates their Flexcar membership and returns the Flexcar Vehicle, then the resulting tax credit is forfeited. No credit will be provided for taxes previously assessed and paid.
No tax credit or refund in connection with a Downgrade shall be issued prior to the Term End Date.
(iii) Multiple Plan Changes. In the event a Member makes more than one plan change during the Annual Vehicle Subscription term, the tax adjustment for each subsequent change shall be calculated based on the taxable base in effect immediately prior to such change, applying the same Upgrade and Downgrade rules set forth in Sections 3(a)(i) and 3(a)(ii), including all subparts, above, respectively. Any pending Downgrade tax credits shall be aggregated and refunded in a single payment following the Term End Date, provided the conditions of Section 3(a)(ii) are satisfied.
(iv) Early Termination Following a Plan Change. If a Member cancels their Annual Vehicle Subscription prior to the Term End Date following a plan change, the Early Termination Fee set forth in Section 5 of this NY Addendum shall be assessed based on the Member's then-current monthly subscription fee at the time of cancellation. Any pending Downgrade tax credits that have not yet been refunded pursuant to Section 3(a)(ii) shall be forfeited upon early termination, consistent with Flexcar's non-refundable fee policy set forth in Section 3.1 of the Agreement.
4. Monthly Subscription Fees. For the avoidance of doubt, the monthly vehicle subscription fee and damage protection plan itself continues to be billed on a monthly basis in accordance with Section 3.4(a) and Section 3.4(c) of the Agreement and remains subject to change. Only the tax treatment differs under this NY Addendum.
5. Early Cancellation. If a Member cancels their Annual Vehicle Subscription and returns the Flexcar Vehicle prior to the conclusion of the twelve (12)-month term, an early termination fee ("Early Termination Fee") will be assessed as follows. The base Early Termination Fee ("Base ETF") is equal to two (2) times the Member's then-current monthly subscription fee for their vehicle and mileage plan. The applicable Early Termination Fee will decrease on a quarterly basis over the course of the Annual Vehicle Subscription term as set forth below:
The applicable Early Termination Fee tier is determined by the month in which the Member returns the Flexcar Vehicle and cancels the Annual Vehicle Subscription. For the avoidance of doubt, a Member who returns the vehicle in month four (4) would be assessed the Months 4–6 fee, regardless of how many days into that quarter the cancellation occurs.
No refund will be issued for taxes paid upfront pursuant to Section 3 of this NY Addendum, consistent with Flexcar's policy set forth in Section 3.1 of the Agreement.
Notwithstanding the foregoing, the Early Termination Fee shall not apply in any circumstance where Flexcar terminates the Agreement or requires the Member to return the Flexcar Vehicle, provided that the Member is not in breach of this Agreement or this NY Addendum at the time of such termination or required return. In such circumstances, any upfront taxes paid by the Member pursuant to Section 2 of this NY Addendum shall not be refunded.
6. Other Fees. Notwithstanding the foregoing, the applicability of an Early Termination Fee does not limit or waive any other fees, charges, or costs that may be due and owing under the Agreement at the time of cancellation or termination, whether initiated by the Member or by Flexcar. Such fees may include, without limitation, outstanding subscription fees, damage fees, cleaning fees, mileage overage charges, toll fees, traffic violation fees, and any other fees described in Section 3.3 of the Agreement. For the avoidance of doubt, all fees already paid as of the date of cancellation or termination, including any taxes assessed, remain non-refundable pursuant to Section 3.1 of the Agreement. The Member's obligation to pay all outstanding amounts due under the Agreement survives any cancellation or termination of the Member's subscription.
7. Renewal, Conversion, and Continuity of Tax Treatment. The long term lease tax rate described in Section 2 of this NY Addendum is available solely to Members who maintain continuous use and possession of a Flexcar Vehicle throughout the Annual Vehicle Subscription term. Continuous use requires that the Member either retain their current Flexcar Vehicle or swap into a replacement Flexcar Vehicle without interruption, in accordance with Section 4.14 of the Agreement. A vehicle swap does not constitute a break in continuity for purposes of this NY Addendum, provided the swap occurs without a gap in vehicle possession.
If a Member returns their Flexcar Vehicle prior to the conclusion of the one (1) year term and does not swap contemporaneously into a replacement Flexcar Vehicle, the Annual Vehicle Subscription will terminate upon return of the vehicle. An early termination fee will be assessed based on Section 5 of this NY Addendum; however, no refund will be issued for taxes paid upfront pursuant to Section 3 of this NY Addendum.
If a Member whose Annual Vehicle Subscription has terminated subsequently wishes to subscribe to a Flexcar Vehicle, that Member will be treated as a new subscriber for purposes of this NY Addendum. To receive the long-term lease tax treatment, the Member must affirmatively elect a new Annual Vehicle Subscription at the time of their new checkout, and the full upfront tax payment for the new one (1) year term will be required at that time. Prior upfront tax payments are non-transferable and non-refundable.
At the natural conclusion of the one (1) year term, the Member's subscription will automatically convert to a Recurring Monthly Subscription pursuant to Section 3.4(a) of the Agreement unless the Member elects to renew for an additional Annual Vehicle Subscription term prior to the term end date. If there is any lapse in continuous vehicle possession, taxes will revert to the standard monthly rate applicable to Recurring Monthly Subscriptions.
8. Other Terms. All other terms and conditions of the Agreement, including without limitation Sections 3.1 through 3.3, 3.4(a) through 3.4(c), Sections 1 through 2 and 4 through 12, remain in full force and effect and apply to Members enrolled in the Annual Vehicle Subscription.
By selecting the Annual Vehicle Subscription at checkout, Member acknowledges that they have read, understood, and agree to the terms of this NY Addendum, which is incorporated into and governed by the Flexcar® Membership Agreement.