Rules & Regulations for the use of vehicles Document updated November 1st 2016
1. Definitions
4.4
Evening Reservations and Emergencies Agents can be reached at any time, 24 hours a day, by calling Communauto’s Reservation Centre. However, the regular business hours of the Reservation Centre are from 8:00 am to 7:00 pm, every day. Outside of regular business hours, a reservation can be made by telephone if it starts that same evening, or the following day before 12:00 pm (noon). Some restrictions can also apply to reservations at the Long Distance rate and to Network reservations.
In case of an emergency, or to report a problem with a vehicle, the Subscriber must always call the Reservation Centre and speak to an Agent. Never leave a voice message or send an e-mail in such cases.
4.5
Cancelling or shortening a res ervation If a Subscriber wishes to either cancel or shorten a reservation, he must do so at least 2 hours before the start of the reservation, or before 9:00 am on the day of the reservation, otherwise cancellation fees may be applied (see APPENDIX – Penalty Policy).
4.6
Extending a reservation If a Subscriber wishes to extend a reservation, he must notify an Agent sufficiently in advance such that if the reservation cannot be extended, the Subscriber can still return the vehicle on time to its parking space, or to a location approved by the Agent, otherwise penalties may be applied (see APPENDIX – Penalty Policy).
4.7
Choice of vehicle The choice of vehicle is left to the discretion of the Agent.
For the following rules, these definitions apply: a) Subscriber: the person registered as a Member, a Subscriber or a Joint-Member, as well as any other authorized user of Communauto; b) Joint-Member: the person registered as the JointMember; c) Contract: the membership contract and its Appendices; d) Agent: the person in charge of reservations at Communauto; e) Rules and Regulations: all of the Communauto operating rules which are indicated in the Rules & Regulations for the usage of vehicles and its Appendices, as well as any other directives issued from time to time by Communauto to ensure a proper functioning of its car sharing service.
2. Authorized Drivers 2.1
The Subscriber agrees not to allow the use of Communauto’s vehicles to anyone other than an authorized driver, meaning: a) the Subscriber himself; b) another registered user of Communauto; c) any person who is not a Subscriber, but holds a valid driver’s license (minimum class 5) and who is accompanied by the Subscriber at all times while using the vehicle; d) any other person pre-authorized by Communauto.
2.2
Any Subscriber who allows an authorized driver other than himself to use a vehicle reserved under his name, remains fully responsible to Communauto for the vehicle.
3. Prohibited uses 3.1
The use of a vehicle under the following circumstances is prohibited: a) for the purpose of towing, pushing, or propelling any trailer or any other vehicle; b) in a careless or abusive manner, or ill-advisedly; c) by any person who has provided with false information; d) by any person who is under the influence of alcohol, or of any drug or medication, which could diminish his or her capacity to drive a vehicle safely; e) while in the act of committing a crime, or any other illegal activity.
3.2
Smoking in Communauto’s vehicules is prohibited.
4. Reservations 4.1
Mandatory reservation The Subscriber must always reserve a vehicle before using it;
4.2
Advance Reservations A reservation cannot be made more than one month in advance.
4.3
Time period The reservation must begin at the hour or half-hour. The minimum time period for which a vehicle can be reserved is a half-hour.
5. Use of a vehicle 5.1
Communauto vehicles
5.1.1 The Subscriber must pick up the vehicle that has been reserved in his or her name at its parking space and return it, clean and in good working order, to the same parking space, or to a location agreed upon with the Agent, no later than the end of the period for which it was reserved. 5.1.2 When taking possession of a vehicle, the Subscriber must make a full inspection. He or she must advise the Agent, without delay, of any abnormality or any damage not appearing on the inspection card of the vehicle. In case of an emergency, or to report a problem with a vehicle, the Subscriber must always call the Reservation Centre and speak to an Agent. Never leave a voice message or send an e-mail in such cases. 5.1.3 After every use of a vehicle, the Subscriber must bring back the vehicle to its parking space and use the hand brake; the car key must always be returned without delay to the key box located in that parking lot. The Subscriber must never hand over the key to a stranger, even if this person claims to be an employee of Communauto. 5.1.4 The Subscriber who brings back the vehicle to the wrong parking station or who forgets to return the key to the key box when returning a vehicle must advise Communauto as soon as possible. The Subscriber will be billed for the period between the end of his reservation and the time at which the key is returned to its box. If Communauto must resolve the problem itself, a service fee of $20 will be billed to the Subscriber. If a third-party service is used (i.e. taxi, roadside assistance), the associated fees will be billed to the Subscriber at fault. Rules & Regulations for the use of vehicles | page 1
6. Trip coupon and kilometers driven 6.1
When using a vehicle, the Subscriber must fill out a trip coupon (coupon de bord), and indicate all the required information. Afterwards, the Subscriber must place the white copy of the trip coupon in the envelope provided in the glove compartment and retain the yellow copy of the coupon until reception of his invoice. In cases where trip coupons are misplaced or lost, or if any of the required information is missing on the coupons, Communauto reserves the right to use any relevant information available to determine the kilometres driven by the Subscriber. The calculation of the travelled kilometers starts at the place where the vehicle is taken by the Member and finishes at the determined parking space for the return.
8.3
Rental company vehicles To take advantage of the Network rates at any participating rental company, the Subscriber must first call the Agent to obtain authorization.
The Subscriber who uses a vehicle rented from a participating rental company at the Network rates, must comply with the rules and regulations enforced by the rental company. The Subscriber must return the vehicle with a full tank of gas and must pay the rental fee upon returning the vehicle, unless specified otherwise. Moreover, the Subscriber remains fully responsible for any penalty, fine, or other sanction that might result from any non-compliance with these rules and regulations.
8.4
Rates and conditions Communauto has no control over the rates and conditions set by the rental companies; therefore, all the Network rates are subject to change without notice. Communauto reserves the right to refuse an eligible Subscriber the permission to conclude a transaction with a participating rental company at the Network rates, if a Communauto vehicle is available for the same period.
7. Gas and other eligible expenses 7.1
Filling the gas tank When returning the vehicle, the Subscriber must ensure that the gas tank is at least half full all year. The cost of gas purchases will be refunded by Communauto on the Subscriber’s monthly bill (regular gas only).
7.2
Window-washing fluid Only winter grade window-washing fluid (–40 degrees) must be used, regardless of the season. The Subscriber must fill the window-washing fluid reservoir when it is empty. The Subscriber who empties a container of fluid must replace it. This expense will be refunded on his monthly bill.
7.3
Refundable expenses If a Subscriber makes a refundable purchase (gas or window-washing fluid, etc.), he must enter on the trip coupon the type of purchase, the amount disbursed, and the odometer reading at the time of the purchase. The Subscriber must then:
9. Maintenance 9.1
Subscriber’s responsibility When using a vehicle, especially on long trips, the Subscriber is responsible for the daily maintenance such as checking fluid levels, cleaning the vehicle, etc. If necessary, the Subscriber can also make minor repairs such as replacing windshield wipers, or light bulbs that are not functioning and, on longer trips, changing the oil, etc. He can also choose to have these repairs made and obtain a refund on his monthly bill. Any expense, other than gas, which exceeds $20 must first be authorized by an Agent.
9.2
Refund of expenses Provided that it does not result from an error on the part of the Subscriber, any eligible expense, deemed valid, will be refunded on the Subscriber’s monthly bill. The Subscriber must provide the purchase receipts to Communauto according to the procedure described in article 7.3. No refund can be obtained without a detailed receipt.
a) place the purchase receipt together with the trip coupon in the envelope placed in the glove compartment; b) place this envelope in the larger envelope containing the already filled-in trip coupons, then place them in the vehicle’s glove compartment.
Any eligible expenses made by the Subscriber are deducted from the Subscriber’s monthly invoice. No reimbursement will be made without a detailed receipt.
9.3
Car wash The maximum refundable amount for a car wash is $10 (plus tax).
7.4
Purchase Receipts A cash register or credit card receipt which does not detail purchase particulars, and the name of the establishment where the purchase was made will not be considered sufficient proof of purchase. The proof of purchase required by Communauto, to ensure reimbursement, is the cash register receipt. If it is not sufficiently detailed, the Subscriber is responsible for requesting, and obtaining a certified and detailed receipt that is both accurate and complete in all aspects.
9.4
Cleanliness of windows The Subscriber must ensure that all the vehicle’s windows are kept clean at all times in order to ensure they do not constitute a risk of accident while operating the vehicle.
8. Long Distance rates and Network rates 8.1
Some restrictions apply to Network reservations, and to reservations made at the Long Distance rates for subscribers who have access to these rates. These services are covered by the terms and conditions specified in paragraphs 4.4, 8.2, 8.3 and 8.4.
8.2
Communauto vehicles
To reserve a Communauto vehicle at the Long Distance rates, an eligible subscriber must request these rates when making his reservation. Availability of the Long Distance rates depends on vehicle availability, as determined by the Agent. At any time, during periods of peak demand, Communauto reserves the right to assign the Subscriber another vehicle from a participating rental company.
9.5 Abnormality The Subscriber must advise Communauto of any irregularity in the functioning of the car such as any unusual loss of oil, unusual engine noises, battery weakness, etc., as soon as it is noticed.
10. Breakdown or accident 10.1
General terms While using a vehicle, the Subscriber must follow the instructions contained in the owner’s manual. If any problem arises that prevents or limits the use of the vehicle or that may compromise people’s safety, the Subscriber must communicate with Communauto and arrange for the safe transfer of the vehicle, in accordance with the instructions of the Agent.
Any expense exceeding $20 must be authorized by the Agent. If necessary, the Subscriber must pay for roadside assistance, repairs, and other expenses or, if previously agreed upon, these expenses may be charged to Communauto’s account. If the Subscriber must pay for the Rules & Regulations for the use of vehicles | page 2
charges, they will be refunded on the Subscriber’s monthly invoice, upon presentation of the appropriate receipts. 10.2
Flat tire In case of a flat tire, the Subscriber must have the damaged tire repaired in accordance with the Agent’s instructions before returning the vehicle. The resulting expenses, minus an amount of $20 for the Subscriber’s share of liability, will be refunded on his monthly bill. An additional service fee of $20 is applied if the Subscriber wishes to return the vehicle without taking care of the tire repair. If the Subscriber requests roadside assistance to install the spare tire, or if the vehicle must be towed, Communauto can refund up to 50% of any costs incurred when necessary, as long as the Agent authorizes it beforehand.
10.3 Stuck vehicle or abandoning a vehicle In case the vehicle gets stuck, e.g. after a snow storm (or for any other reason), the Subscriber must free the vehicle and return it to its parking spot or to a place designated by the Agent. The Subscriber may not abandon the vehicle in an illegal parking spot for any reason. If the Subscriber feels unable to solve the problem, he may use a roadside assistance service at his own expense. If Communauto must resolve the problem itself, an additional service fee of $40 will be charged to the Subscriber. The Subscriber will also be charged for additional time if solving the problem entails extending the Subscriber’s reservation. 10.4
Jump starting (Boost start) If the Subscriber undertakes to start the Communauto vehicle by means of a boost from a third party, he must inform Communauto immediately upon return of the vehicle. The Subscriber is entirely responsible for any damage that may result from the improper use of booster cables.
10.5 Accident In case of an accident involving damages, the Subscriber must notify an Agent as soon as possible. If another vehicle is involved in the accident, the Subscriber must fill out an official police report form or a joint report (constat amiable), or take note of the following information:
11. Insurance 11.1 Coverage 11.1.1 The insurance policy issued to Communauto is an integral part of the Rules & Regulations, and copies are available on request (see: http://www.communauto.com/assurance.html). 11.1.2 When using a Communauto vehicle, the Subscriber is covered by the following agreements, among others in the insurance policy, as indicated below: a) civil liability: any person authorized to operate a vehicle under the Rules & Regulations is covered by a civil liability insurance policy and subject to all of its terms, conditions, and exclusions; b) accident: if a Subscriber is involved in an accident, the authorized driver is covered by collision insurance. Nevertheless, the authorized driver, if found guilty, is responsible for paying the deductible up to the limit determined in the Membership Contract ($0/$250/$500); 11.2
11.2.2 Regardless of any deductible reduction to which he may have subscribed, the Subscriber is responsible for any damage for which the Subscriber is at fault and that is not covered by Communauto’s insurance policy or by the vehicle manufacturer’s guarantee, in particular if the Subscriber: a) uses a vehicle for purposes that are prohibited (under article 3 of the Rules & Regulations); b) fails to abide by any requirement or condition as set out in the Rules & Regulations, particularly if he neglects to gather the necessary information or to collaborate fully following an accident and this negligence is the cause of any additional costs incurred by Communauto;
a) date, time, place and circumstances of the accident; b) the license plate numbers of the vehicles involved, the models and years, their identification numbers (serial numbers) as well as the insurance certificate numbers (with the names and addresses of the insurance companies);
c) uses a vehicle in a negligent way, floods the engine when attempting to start it, or fails to follow the instructions contained in the owner’s manual;
c) the names, addresses, phone numbers and driver’s license numbers of the parties involved in the accident;
d) fails to remove the keys from the vehicle or to close and lock all doors, windows and the trunk;
d) the names, addresses, and driver’s license numbers of the owners of the cars (if the drivers are not the owners);
e) fails to turn off certain accessories (such as headlights and windshield wipers. etc.) when returning the vehicle;
e) the names, addresses and phone numbers of witnesses, if any (indicate if these were passengers of the vehicles involved);
f) fails to advise Communauto of any theft, vandalism or damage to Communauto’s vehicle (or one obtained through an intermediary), or any accident within a maximum period of twenty-four (24) hours.
f) a description of the damages to the vehicles; g) the signatures of all drivers involved, on the police report or the joint report. 10.6
Hit and run If a Subscriber is victim of a hit and run, he or she must, by law, obtain a police report.
10.7
Investigation and procedure The Subscriber agrees to provide Communauto and any other claims adjustment service with the findings of any report or any notice relating to a claim or a lawsuit against Communauto regarding an accident involving a Communauto vehicle, or one obtained through the intermediary of Communauto. The Subscriber agrees to cooperate fully with Communauto in the investigation and defense of any such claim or lawsuit of this nature.
Subscriber’s responsibility
11.2.1 Regardless of any deductible reduction to which he may have subscribed, the Subscriber is responsible for the full value of any damage caused to a vehicle that is not covered by Communauto’s insurance policy or by the manufacturer’s guarantee which is in effect during the period that covers the use of the vehicle. Also, the Subscriber is responsible for any damage caused by an animal, and for any stain or mark caused by an animal, or otherwise caused (coffee, soup, etc.) that requires specific cleaning.
11.3
Travelling outside of Canada
11.3.1 The Subscriber may only drive, transport, or use Communauto’s vehicles within the territory of Canada, and, subject to the restriction in paragraph 11.3.2, within the continental USA. 11.3.2 The Subscriber must notify in advance the Agent of his or her intention to travel to the USA in a Communauto vehicle, or in a vehicle obtained through the intermediary of Communauto.
12. Violations 12.1
The Subscriber is responsible for any fines received during his reservation period. He or she must report as soon as Rules & Regulations for the use of vehicles | page 3
possible any such violations that cannot be resolved before the prescribed deadline (appeals, legal proceedings, etc.). 12.2
12.3
The Subscriber must notify Communauto of violation notices found on the vehicle at the moment that he or she takes possession of the vehicle. Otherwise, the Subscriber is held responsible for any fine or fee incurred by Communauto, as a result of the Subscriber’s failure to notify Communauto. At the end of the reservation, the Subscriber must avoid leaving a vehicle in a restricted parking zone. If the Subscriber wishes to leave a vehicle in a zone with such parking restrictions, he must obtain the Agent’s authorization beforehand, and comply with his instructions. Otherwise, the Subscriber remains responsible for all costs incurred by Communauto for any infractions or towing charges. Furthermore, Communauto can require that the Subscriber remove a vehicle from a zone covered by such restrictions. If Communauto must resolve the problem itself, a service fee of $20 will be billed to the Subscriber.
accruing from the enforcement of the terms of the Contract and the Rules & Regulations.
14. Membership card 14.1
APPENDIX – Penalty Policy A.1
The Subscriber agrees to pay Communauto the amount indicated below plus the fees incurred by Communauto in case of non-respect of one or more of the requirements of the Rules & Regulations of Communauto and for which a penalty has been listed hereunder:
a)
Using a vehicle without a reservation (UVS/UVW) Be advised: Departing with the vehicle more than 30 minutes early and returning the vehicle more than 30 minutes late are considered equivalent to using a vehicle without a reservation
(UVS/UVW): $40 for each violation. In addition, any rental fees for a vehicle used without a reservation are charged; if another vehicle, other than the one used by the Subscriber was reserved by the Subscriber, any charges for this vehicle are additionally charged.
b)
Late Charges (R): $20 for each violation.
c)
Cancelling or shortening a reservation, hourly rental (less than 12 hours):
No cancellation fee for any reservation cancelled or shortened at least two hours before the start of the reservation period;
13. Invoicing 13.1
13.2
Members are billed monthly for the use of vehicles and for any penalties incurred under Appendix 1 of these Rules & Regulations. Invoices are due in full no later than the due date. The various fees for the use of vehicles and penalties which are the responsibility of the Subscriber and of any JointMembers are invoiced directly and solely to the Subscriber; however, the Subscriber and any Joint-Members are jointly responsible for payment in full of the amount invoiced.
13.3 Corrections The Subscriber has 3 months following the related statement date to indicate any errors or omissions. No correction, or credit can be made after the 3 months following the statement date. 13.4
13.5
Payment methods Payments can be made by cheque (by mail), by Internet, or by telephone banking at the following institutions: all “Caisses” affiliated with the Desjardins Group, the Laurentian Bank, the Bank of Montreal, the Bank of Nova Scotia, the National Bank, the Royal Bank, TD Bank and CIBC. The reference number that should be used is the Account Number that appears in the top left corner of the invoice, which is the same as your Membership Number if you are registered as an individual Subscriber (not to be confused with your invoice number). You should allow 3 business days for your payment to reach us. * If need be, please contact your financial institution directly to find out how to add Communauto to your account. Please note that payments by automated teller machine (ATM) or at the counter can usually only be made at the “Caisses”.
Late Payment Interest is calculated at 2% per month on all overdue accounts beginning 21 days after the statement date (and stopping at the date the payment was received). Interest accumulates at the rate of 2% per month (26.8% per annum) on any unpaid balances.
A Subscriber whose balance exceeds $50 after the due date of the last invoice, will be refused use of Communauto’s services until his or her account is in good standing and payment has been made in full.
13.6
Balance in excess of $500 The Subscriber whose balance is greater then $500 at the time of the statement date is refused use of Communauto’s services for as long as his balance exceeds this amount.
13.7
Other fees The Subscriber consents to pay to Communauto all fees resulting from the recovery of any amounts owed in accordance with the Contract and the Rules & Regulations, or from the recovery of a vehicle, or all legal fees or court fees
The Subscriber must carry his membership card when using a Communauto vehicle. The membership card may be required for identification purposes by Communauto, or its partners, when providing services reserved for its subscribers.
No cancellation fee for any reservation cancelled or shortened between midnight (12:00 am) and 9:00 am on the day of the reservation period;
(A50): 50% of the cost of the cancelled part of any reservation cancelled or shortened less than two hours before the start of the reservation period;
(A80): 80 % of the cost of the cancelled part of any reservation cancelled or shortened after the start of the reservation period.
d)
Cancelling or shortening a reservation, daily rental (12 hours or more):
No cancellation fee for any reservation cancelled or shortened at least two hours before the start of the reservation period;
No cancellation fee for any reservation cancelled or shortened between midnight (12:00 am) and 9:00 am on the day of the reservation period;
(A50): for any reservation cancelled or shortened less than two hours before the start of the reservation period, 50% of the cost of the cancelled part of the reservation, or 50% of the cost of the first day of the reservation period, whichever is less expensive. No cancellation fee is incurred for the other days of this reservation, if applicable.
(A80): for any reservation cancelled or shortened after the start of the reservation period, 80 % of the cost of the cancelled part of the reservation, or 80 % of the cost of the first day of the reservation period, whichever is less expensive. No cancellation fee is incurred for the other days of this reservation, if applicable.
e)
General penalty or General administrative fees : $20, plus any additional fees incurred by Communauto for
Rules & Regulations for the use of vehicles | page 4
any failure by the Subscriber to comply with any provision of the Rules & Regulations, other than those for which a specific penalty is provided for in the Appendix above and, more specifically, without limiting the generality of the foregoing, for any oversight, omission, or negligence on the part of the Subscriber that inconveniences Communauto or any other Subscriber, such as the loss of the keys to a vehicle, leaving a vehicle’s headlights on, leaving with a vehicle before the designated time, not paying a violation fine within the time limit allowed, issuing a cheque without sufficient funds or a cheque that is refused by the financial institution, failure of a preauthorized debit payment, etc. A.2
Cancellation of the Contract In accordance with section 7(3) of the Contract, Communauto reserves the right to cancel the Subscriber’s contract in addition to levying the aforementioned penalties, if the Subscriber fails to comply with one or more of the terms and conditions set out in the Contract or in the Rules & Regulations.
A.3
Modifications In accordance with the terms and conditions of the Contract, Communauto reserves the right to modify the terms and conditions of this Appendix from time to time as it sees fit or necessary, without prior notice.
In the event that the French and English versions of these Rules & Regulations do not concur, the French version shall prevail.
Rules & Regulations for the use of vehicles
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& Regulations use vehicles || page page 66 Rules Rules & Regulations for for thethe use ofofvehicles
