This Subscription Agreement (the “Agreement”) sets forth the terms of an auto-renewing month-to-month vehicle subscription contract for the use and custodianship of one or more vehicles between Prime Flip, LLC (“Prime Flip”) and you. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions detailed below.
TO DRIVE OUR VEHICLES AND USE OUR SERVICES, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU AGREE NOT TO RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
In this Agreement, the following definitions apply:
a) “Agreement” means this Subscription Agreement, together with the Schedules to this Agreement, whether made available in print or electronically through the mobile application or our website, each as amended, modified or supplemented from time to time. The Schedules are an integral part of this Agreement.
b) "Rules" means all of our rules, requirements, policies and procedures related to your use of our vehicles and our services, whether set forth in this Agreement, appearing elsewhere on our mobile application or website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
c) "Secondary Driver” means any person, whether a family member or otherwise, who is authorized by you (subject to our prior approval) to drive our vehicles and use our services under your account with us and under the terms of this Agreement. You will have to pay a one-time fee of $50.00 for each Secondary Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You will be limited to 2 Secondary Drivers per account. UNLESS A DRIVER IS AUTHORIZED AS A SECONDARY DRIVER, THEY WILL NOT BE INSURED UNDER THE PRIME FLIP AUTOMOBILE INSURANCE POLICY.
d) "Schedules" means all the schedules, rules, rate plans and polices referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
e) “We,” “us” or “our” means Prime Flip, LLC, or any of our parents, subsidiaries or related entities.
f) "You" means the person who signs this Agreement and who is responsible for all fees, charges and other costs associated with the subscription for our services under this Agreement, including application fees, monthly subscription fees, driving charges and other costs or charges that may be indicated in the Rules and Schedules from time to time.
To be eligible to drive our vehicles and use our services, you must:
· Be at least 25 years of age;
· Hold a valid driver's license;
· Have a driving history that meets our then current eligibility requirements; and
· Accurately, truthfully, and fully complete our application, deliver all information and documents that we may request in the application process or otherwise, and have your application approved by us.
Please note that approval of your application is in our sole discretion, and your subscription may be denied or, even if it is approved, it can thereafter be terminated, based upon criteria established from time to time by us or our insurance providers. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain vehicles based upon your driving history and experience or the type of vehicle class that you have selected.
You understand and agree that you are not acquiring any ownership interest in any vehicle or other personal property and that we are and will continue to be the owner of all vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and all software and applications that we use in connection with our vehicles and services. Your use of, and rights in relation to, any vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement.
4. Fees and your responsibilities
You are required to pay all fees and costs incurred on your account (including fees and costs incurred by any Secondary Drivers on your account) when due, including, without limitation, subscription fees (which are automatically charged when due, as stated above), sales and other taxes and levies, and all other costs and fees as provided in the Rules and Schedules. You will be billed for all amounts due via a credit or debit card or any other means pursuant to our agreement. If your account is past due or if your credit or debit card provider rejects any payment that is owed to us, then your use of our vehicles and services may be terminated by us in accordance with our Rules. If there are ongoing issues with credit or debit card billings, then your use of our vehicles and services may be terminated immediately in our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your credit card provider or bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar costs associated with these collection activities including reasonable attorneys’ fees.
a) One-Time Activation Fee: If we approve your subscription, your credit or debit card or bank account will be automatically charged a one-time activation fee at the time of your first vehicle delivery as set forth in Schedule 2;
b) Deposit: We reserve the right to require a deposit upon sign-up in our sole discretion, the payment for which will be required to continue utilizing our vehicles. Even if you are not charged a deposit upon sign-up, we may charge a deposit at a later time in our sole discretion depending on your driving history, vehicle usage history, or the type of vehicle that you select. If you are charged a deposit, it (or a portion thereof) may be returned to you upon cancellation of your subscription provided that there are no amounts due to be paid on your account and that you have complied with our termination policies and procedures, as provided below;
c) Subscription Fee: If we approve your subscription, your credit or debit card or bank account will be automatically charged the first of the monthly payment for your vehicle lease subscription at the time of your first vehicle delivery. Following this initial monthly subscription period, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Unless and until you cancel your service with us in accordance with the procedures set forth in this Agreement, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s subscription payment;
d) Refueling Fee: Upon the return of a vehicle at each flip, your vehicle must be returned with the same level of fuel as when it was delivered to you. If your vehicle is returned with a lower level of fuel, the cost of refueling the vehicle after the flip will be charged to your account, without markup;
f) Hold Fee: We may offer the option of placing your subscription on hold, or “pause” for the flat fee of $200.00 with no restrictions on minimum or maximum days. Requests for holds and re-activations must be directed to us by email at email@example.com with “PAUSE” in the subject line (a) at least 5 days before your next subscription period to place a hold and (b) at least 5 days before your requested re-activation date. We reserve the right to charge a re-activation fee upon your re-activation of your account. A hold on your account will change your regular billing cycle by the number of days your account was on hold. In addition, upon reactivation, your previous balance of days in your account will be carried forward into your new billing cycle. For example, if your regular bill date is on the 10th and you place a hold for 12 days, upon re-activation your new billing cycle date will be on the 22nd;
g) Smoking Cleaning Fee: Smoking is not permitted in our vehicles under any circumstances. This includes smoking devices of any kind, including electronic cigarettes, pipes, or any other smoking apparatus. If, upon the return of a vehicle, we determine that someone has been smoking in the vehicle while the vehicle was in your possession, you will be charged a $250 cleaning fee;
i) You are responsible for all reasonable costs arising from one of our vehicles being (i) returned or left at any location other than the location that we specify for your authorized return or exchange of the vehicle or (ii) seized by a governmental authority, if the seizure arises from your or a Secondary Driver’s conduct. These costs include (without limitation) parking charges, parking citations, towing, storage and impound fees. You are liable for all attorneys’ fees incurred in recovering our vehicle, including from a governmental authority. You are liable for all parking or traffic violation fines incurred during your or a
If you are in good standing and are authorized to operate one of our vehicles under this Agreement, and subject to you fulfilling your obligations under this Agreement, you will obtain insurance coverage (both third party and our self-insurance) through this program to cover certain damages incurred in an accident (“Flip Insurance”). The Insurance provides the following coverage:
In the event of an accident, the insurance coverage includes a $5,000 deductible: Prime Flip will cover $4,000 of the deductible and you will be responsible for $1,000. Your personal property is not covered by the Insurance. You will be responsible for any and all damage to any of our vehicles that is not covered by your insurance coverage.
IF YOU VIOLATE ANY OF THE TERMS IN THIS AGREEMENT, COVERAGE CAN BE DENIED. NO COVERAGE IS PROVIDED FOR ANY USE OF OUR VEHICLES BY ANYONE OTHER THAN THE AUTHORIZED DRIVERS ON YOUR ACCOUNT. THIS MEANS THAT ONLY YOU AND ANY SECONDARY DRIVERS UNDER THIS AGREEMENT ARE COVERED BY THE INSURANCE PROVIDED BY PRIME FLIP.
Where required by law, we provide Personal Injury Protection (“PIP”), or "no-fault" coverage as part of the Insurance, to the minimum level required by the jurisdiction in which the accident occurs or the claim is adjudicated, for injuries you may suffer in an accident. Any personal injury coverage that you have available will be primary over any PIP or no fault coverage that we may provide where allowed by law. To the extent permitted by law, we have the sole discretion to accept or waive and reject the inclusion of uninsured motorist, underinsured motorist, supplementary no fault, or any other optional coverage, and we are hereby authorized to sign any forms or acknowledgments on behalf of you accepting or rejecting (at our discretion) such coverage. If any such protection is imposed by operation of law, then the limits of such protection will be the minimum required for primary liability protection by the law of the jurisdiction in which the accident occurs.
Notwithstanding Section 5 above, You agree that you are responsible for any and all loss and/or damage that occurs to or that is caused by our vehicles while they are in your or any Secondary Driver’s possession or control, and you are responsible for the full value of any damages or injuries caused to third parties or their property to the extent the insurance described in Section 5 does not cover such damages, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, the applicability of a deductible, or otherwise. Such damages include, without limitation, the repair costs (estimated or actual) for our vehicle and any third party property, injuries to third parties, costs associated with the recovery or transportation of our vehicle, costs associated with theft, flood, fire, weather and accident (including replacement cost) and the loss of use of our vehicle or any third party property.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU 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 THE USE OF OUR VEHICLES OR SERVICES.
Without limiting the foregoing, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Secondary Driver or any other third party arising from the use of one of our vehicles, (3) any loss or damage incurred by you or any Secondary Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Secondary Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our vehicles or (B) any accessories in or to one of our vehicles, whether supplied by us or by you or such Secondary Driver (for example, luggage racks, bicycle racks, child car-seats and the like, and in all cases, you or such Secondary Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to any act of gross negligence or willful misconduct on our part.
This Agreement shall commence upon the approval by us of your application and your payment of any applicable fees. The term of this Agreement shall continue month-to-month until such time as your subscription is canceled in accordance with this Section 8. You may terminate your subscription upon thirty (30) days prior notice by contacting us via email at firstname.lastname@example.org, with “CANCEL” in the subject line. You may pause your subscription upon five (5) days notice by contacting us via email at email@example.com, with “PAUSE” in the subject line.
(c) You or any Secondary Driver is involved in an incident with one of our vehicles that we believe, in our reasonable discretion, renders you or the Secondary Driver ineligible or inappropriate for continued rights to use our vehicles or services;
(d) You or any Secondary Driver engages in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, dangerous, negligent, offensive, abusive or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Secondary Drivers to use our vehicles and services shall immediately terminate. We can have any of our vehicles in your possession peacefully recovered at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the vehicle as required by this Agreement. As a result of recovery, you agree to pay all costs associated with the recovery, as well as reasonable legal fees. You and all Secondary Drivers hereby agree to waive all claims for damages connected with the recovery. You agree to immediately return our vehicles and any of our other property in your possession. You acknowledge that laws governing repossession do not apply to Prime Flip’s efforts to retrieve our vehicles and you authorize us to enter your property as necessary to retrieve our vehicles upon termination if our vehicle is not promptly returned.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
You agree to promptly provide us with updates to any changes of your current email address, your current mobile phone number, your current mailing address and all other account information, including your current credit
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on our website (including our mobile website and mobile app), when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
a) By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder.
b) The rights granted to you or the Secondary Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
c) No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Secondary Driver 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 us of any covenant, condition, or agreement to be performed by you or any Secondary Driver 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.
d) 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.
e) TO DRIVE OUR VEHICLES AND USE OUR SERVICES, YOU MUST ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU AGREE NOT TO RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
f) This Agreement is governed by the laws in force in the Commonwealth of Massachusetts, 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 in the Commonwealth 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.
g) Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to Prime Flip, LLC, firstname.lastname@example.org or mailed to us at the following address: Prime Flip, LLC, 425 Providence Highway, Westwood, MA 02090. Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
In addition to the obligations set forth in the Agreement between you and Prime Flip, LLC, a limited liability company, (“Prime Flip”) you are required to abide by the Rules of Use set forth herein. You should carefully read and understand these Rules of Use before agreeing to use our services and before paying any application and/or subscription fees. By subscribing to use our vehicles and services and by your continued use of our vehicles, you and all Secondary Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the Prime Flip, LLC Agreement.
To subscribe to our service, you must pay in advance on a monthly basis a subscription fee. The subscription fee is based on the plan selected (see Schedule 2 – Fees & Rates) and is payable on a per month basis for each subscriber, inclusive of excise tax and insurance coverage. We may choose to change the level of the subscription fee from time to time or to offer discounts to certain subscribers. We will notify you of any changes in accordance with these Rules of Use.
We may change the subscription fee or impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Subscribers to the service have the right to use of one of our vehicles, subject to availability. Subscribers will also have the right to swap their current vehicle for a different type of vehicle, again subject to availability. When you have a vehicle in your possession, you are responsible for taking care of that vehicle in the same manner that a diligent owner might do. Your vehicle flip requests will be processed per vehicle category. You are not guaranteed any particular make or model at any time.
· We may swap the vehicle in your possession for an equivalent vehicle. Typically we will do this either because your current vehicle needs maintenance or because we wish to replace it with a newer vehicle.
The initial vehicle subscription period under this Agreement is one month. Following this initial monthly subscription period, subsequent subscription periods will be monthly, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). If we approve your Agreement, your credit or debit card will be automatically charged a one-time activation fee and your first monthly subscription fee at the time of your first vehicle delivery. Unless and until your subscription is terminated in accordance with the procedures set forth in the Agreement, your subscription will automatically renew for additional consecutive monthly terms, and within 7 days prior to the end of your current monthly term, we will charge your credit or debit card automatically for the next monthly term’s subscription payment and any additional charges or fees that you incurred in the prior monthly term.
You are required to pay all fees and costs incurred on your account (including fees and costs incurred by any Secondary Drivers on your account) when due, including, without limitation, any subscription fees (which are automatically charged when due, as stated above), sales and other taxes and levies, and all other costs and fees as provided in this Agreement (including the Schedules). You will be billed for all amounts due via a credit or debit card that we will keep on file or by any other means pursuant to our agreement. If your account is past due or if your credit or debit card provider rejects any payment that is owed to us, then your use of our vehicles and services may be terminated by us immediately. If there are ongoing issues with credit or debit card billings, then your use of our vehicles and services may be terminated immediately in our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your credit card provider or bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees, including attorneys’ fees, associated with these collection activities.
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee and the effective date of the change.
Potential subscribers are asked to register using our mobile app. You will be required to provide information including, without limitation, your name, your mobile number, your email address, a picture of your driver’s license and payment details. After submitting your registration via mobile app, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you register to explain what happens next and answer any questions. After you are approved into the service, we will invite you to schedule your first vehicle and work with you to coordinate its delivery.
In general, we will deliver your first vehicle to you when you subscribe for our services and subsequently when you swap out your current vehicle for another vehicle in our fleet. If you would prefer to pick up a vehicle, then we can arrange for pick-up at one of our service locations. You may opt to receive a vehicle with or without meeting with our customer service representatives face-to-face. If you opt to meet face-to-face, our customer service representative will offer to walk you through the vehicle’s layout and features. In addition, we will be happy to help you connect your Bluetooth phone and to create pre-sets for your favorite radio stations and common GPS destinations. If you do not meet us face-to-face, our representatives will be happy to answer any questions that you might have via SMS, instant messaging, email or phone.
You can initiate an exchange of vehicles using our mobile app. The mobile application will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates via SMS or instant messaging on the status of your request up to and during the exchange of vehicles.
If we are delivering a vehicle to you, then we will pick up your current vehicle at that time. If you are picking up a vehicle at one of our service locations, then you will drop-off your current vehicle at that time. At the time when you return a vehicle to us, the vehicle should be in good working condition and ready for use by another driver. We will assist you in swapping your belongings between vehicles and getting you set up in the new vehicle. When you consent, as indicated by options selected in our mobile app or in communications with our staff via SMS, instant messaging, email or phone, we will swap your belongings between vehicles without requiring that you be present. In all circumstances, you agree not to hold us or any of our employees liable for the loss of or damage to any personal property, whether it is yours or belongs to another person, incurred in the process of swapping your belongings between vehicles.
No personal items can be left behind in any vehicle, including accessories, bags, luggage, equipment, etc. As stated above, you are not guaranteed to have use of a particular vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a vehicle or stolen from a vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it belongs to you or another person. Any non-perishable items found by us in a vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our sole discretion.
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the Primary Driver on the account. In addition, you will have the option to request up to 2 additional drivers be authorized by us and added to your account as a Secondary Driver. Unless you obtain separate automobile insurance coverage, paid for by you individually, ONLY THE PRIMARY AND ANY SECONDARY DRIVERS ON YOUR ACCOUNT WILL BE COVERED BY THE INSURANCE COVERAGE PROVIDED AS PART OF THE PROGRAM. With the exception of isolated emergency situations where necessary to avoid the loss of life, injury, or severe property damage, if anyone other than the Primary and Secondary Drivers on your account drive our vehicles, you will be considered in violation of your Agreement and we may suspend or terminate your subscription in our sole discretion. You will remain responsible for all fees, damage, and charges incurred on your account regardless of who was driving the vehicle.
You can request the authorization of a Secondary Driver by contacting us in our mobile app. We will require that you provide the name, address and driver’s license number for the driver to be added. We will communicate with you promptly, typically within a 24-hour window, whether that driver is authorized to use our service. You may have to pay additional fees for each Secondary Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver. No more than 2 Secondary Drivers will be authorized per account.
If you are in an emergency situation and need for another person who is not listed on your subscription as an authorized Secondary Driver to drive one of our vehicles, you are authorized to allow that person to drive our vehicle for a short duration, one-time occurrence. This person must be over 21 years of age and have a valid driver’s license. This exception is not intended to allow habitual use of our vehicles by any person who is not an authorized Secondary Driver under your subscription. If we find that you have repeatedly violated this Rule, then we can terminate your subscription in accordance with the Agreement. All other persons, regardless of the circumstances, are expressly prohibited from driving our vehicles at any time.
We expect you to use common-sense standards of cleanliness. You are responsible for leaving the vehicle in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the vehicle does become unexpectedly dirty, we ask that you let us know. In addition, all drivers of our vehicles and their guests are expected to abide by the following rules that are intended to keep the vehicle in good condition:
No smoking inside or near the vehicle – no exceptions! In the event it is determined, at our sole discretion, that there has been smoking in one of our vehicles, you will be charged a cleaning fee as set out in the Schedules.
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of assistance animals (which are allowed in our vehicles without being in locked pet carriers in accordance with our policies). You are subject to additional fees and charges if we find evidence of pets in our vehicles during your use.
We will perform all necessary and required routine maintenance on all of our vehicles. We will notify you when the vehicle requires maintenance, and you will be responsible for coordinating a time with us when the vehicle can be picked up so that this maintenance can be completed. In general, we will give you 3 days notice prior to any routine maintenance, and you should be available for a vehicle exchange within 3 days of your receipt of this notice. We may be able to perform the maintenance at your location, subject to the type of maintenance that has to be performed; otherwise, we will arrange for you to flip into your next vehicle of choice so that we can take the vehicle for the necessary maintenance or repairs.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by emailing us at email@example.com. If there is unreasonable delay in your reporting any such irregularity to us, you will be responsible for any damage that results from continued use of the vehicle and we may terminate your subscription.
· By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our vehicles or services (including, without limitation, regarding his/her name, age, address, driving record or other matters);
o Transporting a number of passengers in excess of the seating capacity of the vehicle or baggage or other items that would cause the vehicle to exceed its manufacturer recommended or legal weight limits;
o By any person who is driving while distracted including, without limitation, driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law; or
The foregoing are examples only and are not intended to be a complete list of all prohibited uses. We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our vehicles, as determined by us in our sole discretion, may be deemed a violation of these Rules of Use. Insurance coverage can be denied in the event of a violation of these Rules of Use.
You must always use our vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our vehicle or other activities that we believe are in violation of law to the authorities at any time. We may immediately suspend or terminate your use of our vehicles and services for a violation of any of our Rules of Use. Upon suspension or termination, you will be responsible for any and all costs, charges, fees and expenses incurred by us as a result of a breach of any of these Rules of Use.
You pay for your own gas. We will provide each vehicle with a full tank of gas. If the vehicle has a lower level of gas at the time we pick it up at your next flip, you will be responsible for the refueling charges at local market price. While a vehicle remains in your possession, you will purchase your own gas. We may, in our sole discretion, charge your account as these charges are incurred or add it to your next monthly bill.
You are required to notify us when you become aware of any damage to a vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Provided you are in compliance with the terms of the Agreement, including the Schedules (such as these Rules of Use), you will not be liable for any costs to repair regular wear and tear damage to our vehicles – we simply want you to keep us informed.
Stolen vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by emailing us at firstname.lastname@example.org. You must deliver to us a copy of the written police or other report for the stolen vehicle within twenty-four (24) hours and cooperate in all reasonable respects with attempts to recover the stolen vehicle. We will provide you with a new vehicle as promptly as possible, subject to availability.
If one of our vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by calling us at (508) 921-1934 we can get you moving again. If a problem arises that prevents or limits the use of the vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our service centers, we will bring a replacement vehicle for you to drive, subject to availability. If you can safely remain with the vehicle, we will ask you to remain with your original vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our vehicles, you must follow the owner manual's instructions.
In case of an accident involving our vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident. If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, contact us at email@example.com. A Prime Flip representative will guide you through the accident reporting process. You will need the following information:
You agree to cooperate fully with us in the investigation and defense of any claim or lawsuit arising from any accident. We may suspend your subscription and your use of our vehicles and services, in our sole discretion, until any investigation has been concluded. You acknowledge and agree that any accident involving the vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
You are expected to operate our vehicles in full compliance with all traffic and safety laws at all times. You are responsible for any violations that occur during your use of our vehicles, including but not limited to all speed limits, stop signs, red lights, photo enforcement, parking and toll charges, and other violations. You must not leave a vehicle in a zone which has parking or other restrictions in effect.
You are liable for all fees, charges and penalties from any such violation. Wherever possible it is your responsibility to pay the relevant governmental authorities directly. We may charge a fee in connection with processing any such violations in accordance with our then current Fees and Rates Schedule. You must notify us of any traffic violation notices issued to you or a Secondary Driver while operating our vehicle or found on a vehicle at the time of pickup of the vehicle. All unreported traffic violations will be your responsibility if they occur during the time period during which your subscription to use our vehicle is in effect. If we receive notice of violation of any law, rule or regulation, we may either pay the penalty or fee on your behalf and then add the penalty or fee to your account charges or we may, if permitted by the authority issuing the violation, transfer liability for the penalty or fee to you and you will then be wholly responsible for all correspondence with the appropriate authority and any penalties or fees due. We will endeavor to provide you notice before we pay any penalties or fees attributable to you. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our sole discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly.
We want to offer our subscribers vehicles that are in great condition. In order to do that, we intend to keep track of how those vehicles have been used and maintained by our subscribers. This tracking of usage allows us to be certain that our vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our vehicles before urgent action is required and allows us to monitor for drivers who are treating our vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our vehicles is equipped with technology that allows us to track its location and that informs us when certain driving events occur. For example, the technology informs us when a vehicle accelerates unusually fast, brakes unusually hard or takes a corner at an unusually high speed. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES.
We expect you to drive responsibly and look after the vehicles in your possession as a diligent owner. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
a) One-Time Activation Fee: Upon approval of your application, your credit or debit card or bank account will be automatically charged with a one-time activation of $500.00 for Spin subscribers or $1,000 for Cruise subscribers;
b) $50 Secondary Driver Fee: If you choose to register any Secondary Drivers on your account, you will be charged a one-time fee of $50.00 application fee per Secondary Driver, up to a maximum of 2 Secondary Drivers;
c) Refueling Fee: Upon the return of a vehicle at each flip, your vehicle must be returned with the same level of fuel as when it was delivered to you. If the vehicle contains a lower level of fuel when exchanged at your next flip, the cost of refueling the vehicle after the flip will be charged to your account, without markup;
e) Smoking Cleaning Fee: Smoking is not permitted in our vehicles under any circumstances. This includes smoking devices of any kind, including electronic cigarettes, pipes, or any other smoking apparatus. If, upon the return of a vehicle, we determine that someone has been smoking in the vehicle while the vehicle was in your possession, you will be charged a $250 cleaning fee;
f) Hold Fee: We may offer the option of placing your subscription on hold, or “pause” for the flat fee of $200.00 with no restrictions on minimum or maximum days. Requests for holds and re-activation must be directed to us by email at firstname.lastname@example.org with “PAUSE” in the subject line (a) at least five (5) days before your next subscription period to place a hold and (b) at least five (5) days before your requested re-activation date. We reserve the right to charge a re-activation fee upon your re-activation of your account. A hold on your account will change your regular billing cycle by the number of days your account was on hold. In addition, upon reactivation, your previous balance of days in your account will be carried forward into your new billing cycle. For example, if your regular bill date is on the 10th and you place a hold for 12 days, upon re-activation your new billing cycle date will be on the 22nd;
h) You are responsible for all reasonable costs arising from one of our vehicles being (i) returned or left at any location other than the location that we specify for your authorized return or exchange of the vehicle or (ii) seized by a governmental authority, if the seizure arises from your or a Secondary Driver’s conduct. These costs include (without limitation) parking charges, parking citations, towing, storage and impound fees. You are liable for all attorneys’ fees incurred in recovering our vehicle, including from a governmental authority. You are liable for all parking or traffic violation fines incurred during your or a
We respect your privacy and are committed to protecting the personal information we obtain from you. This policy explains what information we collect about you, how we collect it, and how we may share it. When you request services from us, access our websites, utilize our mobile applications, or otherwise interact with us, including but without limitation, through our service centers, our in-vehicle or in-equipment technology, our official corporate pages on third party social networks (such as Facebook), or the applications on those pages, you consent to our collection, retention and use of your personal information in the manner described in this policy and accept the risks outlined in the Security Measures section below.
Financial companies choose how they share your personal information. Federal law gives you, the consumer, the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
· Driving history or driving record: in order to process your application, we may pull a copy of your driving record. We also collect information about the vehicles’ use and your use of our services. This may include details about your reservations, the dates, times and locations of use, mileage, driving performance, accidents and other data. We use this information to bill you, respond to your inquiries, ascertain whether you are in compliance with our polices and rules, provide and improve our products and services and maintain your account with us, and to provide content and offers that we think may be of interest to you.
· We implement Global Positioning Systems (GPS) to determine the location of our vehicles. This information is transmitted to us and can be stored for extended periods. We use this information to help you find our vehicles, to provide roadside assistance, to ensure that a vehicle is available at the place and time you have reserved, to ensure that the vehicle is not driven to unauthorized locations and to locate a lost or stolen vehicle. We also maintain in-vehicle and in-equipment technologies to track and monitor performance of our vehicles and to assist us with ensuring that our vehicles are used only in accordance with applicable laws and our rules and policies. Disabling, disconnecting or destroying any such technology device or equipment is strictly prohibited.
All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information, the reasons Prime Flip, LLC, chooses to share, and whether you can limit this sharing.
Download the Drive Clutch app and follow steps to become a member. You will need your license, credit card and about 5-10 minutes.