Via Driver Program Addendum
Exhibit 2 VDP Rental Agreement Addendum
ADDENDUM TO RENTAL AGREEMENT TERMS AND CONDITIONS
VIA DRIVER PROGRAM ADDENDUM
AVIS RENTAL TERMS AND CONDITIONS
The following terms and conditions are applicable to those Via drivers who rent a transit van provided by Avis Rent A Vehicle System, LLC (“Avis”) for use in the Via Rental Program. These terms and conditions shall serve to amend and modify Avis’ standard Rental Terms and Conditions and shall constitute part of the Rental Agreement. Capitalized Terms used in this Addendum, but not otherwise defined on this Addendum, shall have the respective meanings assigned to them in the Rental Terms and Conditions.
1. Section 1 “The Rental Agreement” is hereby deleted in its entirety and replaced with the following:
These Rental Terms and Conditions, the rental document you receive when you are given access to the vehicle you are renting (the “Access Document”), the Privacy Notice, and the return receipt or record (the “Rental Receipt”) with computed rental charges together constitute the “Rental Agreement” between yourself and Avis.
2. Section 5 “Who May Drive The Vehicle” is hereby amended as follows:
a. You shall be at least twenty-five (25) years of age.
b. You shall have a valid personal automobile insurance policy in place at all times during which the vehicle is rented.
b. Anything contained in Section 5 to the contrary notwithstanding, you shall be the only person permitted to operate the vehicle for purposes of transporting passengers for hire in exchange for monetary value or other consideration.
c. “Permitted Drivers” and “Additional Drivers” are prohibited from operating the vehicle and all references in the Rental Agreement to Permitted Drivers and/or an Additional Drivers are hereby deleted by reference.
3. Section 6 “Return of the Vehicle” is hereby amended as follows:
If you do not return the vehicle to the location from which it was rented, as and when required under the Rental Agreement, you may be subject to criminal penalties.
4. Section 7 “Where You’ll Return the Vehicle” is hereby amended as follows:
Anything contained in Section 7 to the contrary notwithstanding, the vehicle must be returned to the location from which it was rented as specified in the Access Document.
5. Section 8 “Rental Charges” is hereby amended as follows:
a. Anything contained in Section 8 to the contrary notwithstanding, provided you are in compliance with the Rental Agreement, you will pay for the period of time you rent the vehicle at the applicable “Via Rental Program” rate. You will not pay for the number of miles/kilometers you drive unless otherwise indicated in the Rental Contract.
b. Anything contained in Section 8 to the contrary notwithstanding, you shall not be permitted to present any rewards certificates coupons or vouchers associated with a loyalty rewards program.
c. Anything contained in Section 8 to the contrary notwithstanding, optional insurance and ancillary products are not available for purchase under the “Via Rental Program”
d. Anything contained in Section 8 to the contrary notwithstanding, you will be charged a $40 fee if you cancel a reservation within 24 hours of your scheduled pick-up time.
e. Anything contained in Section 8 to the contrary notwithstanding, you will be charged a $25 fee if you fail to return the vehicle within 30 minutes of your scheduled return time.
f. Anything contained in Section 8 to the contrary notwithstanding, you will charged the full rental amount for the scheduled reservation if you cancel such reservation within 1 hour of the scheduled pick-up time or fail to pick-up the vehicle within 30
minutes of the scheduled pick-up time (except in instances where a replacement driver rents the vehicle during your scheduled rental period).
g. Anything contained in Section 8 to the contrary notwithstanding, you will be charged a refundable deposit in the amount of $500.00 (the “Deposit Amount”). Such deposit will be collected by NoMad (Via) in four (4) equal installments over the course of 4 weeks as a deduction from your earnings, to the extent such earnings are sufficient, and remitted to Avis. In the event your earnings are insufficient to provide a deposit installment, Avis reserves the right to charge your credit card the amount of the installment.
h. Anything contained in Section 8 to the contrary notwithstanding, your use of the vehicle for transporting Via passengers for King County Metro will require your use of “tap-to-pay’ card reader to collect payment from passengers. Avis shall provide you with a card reader for use at the beginning of the rental period and you shall return the card reader to Avis when the vehicle is returned. You shall be responsible for any lost, stolen, or broken card readers that are in your care and control. You shall promptly notify NoMad if a card reader is malfunctioning, broken, lost or stolen.
6. Section 12 “Loss Damage Waiver (LDW)” is hereby deleted in its entirety and replaced with the following:
12. Intentionally omitted.
7. Section 13 “Damage to/Loss to the Vehicle” is hereby amended as follows:
Anything contained in Section 13 to the contrary notwithstanding, you will be solely responsible for all loss of or damage to the vehicle up to a maximum of two thousand dollars ($2,000.00).
8. Section 14 “Prohibited Use of the Vehicle” is hereby amended as follows:
Anything contained in Section 14 to the contrary notwithstanding, you shall only be permitted to carry passengers for hire using the Via platform and, to the extent the vehicle is used for such purpose, you must remain approved and in good standing with Via for such purpose and remain in compliance with the Rental Agreement. Such permitted use on the Via platform shall not constitute Prohibited Use of the Vehicle.
9. Section 14 “Prohibited Use of the Vehicle” is hereby supplemented to add the following additional terms and conditions:
If you take, or fail to take any of the following actions, it will constitute a violation of the Rental Agreement:
a. Driving or operating the vehicle while using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages shall be deemed a breach of the Rental Agreement, provided, that you may use such devices solely for the purpose of using the Via platform and compatible navigation apps (e.g., Google Maps, Waze) in accordance with the Via terms and conditions and in hands free mode to the extent such mode is made available by Via.
b. You use the vehicle to transport passengers for hire in exchange for monetary value or other consideration (“Commercial Passengers”) other than the transportation of passengers via the Via platform (but no application or platforms provided by other entities, individuals, or transportation network companies or otherwise performed independently) while you have the Via platform running for the purpose or intent of providing transportation to Commercial Passengers (“Driver Mode”) and you have: 1) not accepted any requests for transportation services (“Period 1”); 2) accepted a request for transportation services from a Commercial Passenger but do not have any Commercial Passenger occupying the vehicle (“Period 2”); or 3) at least one Commercial Passenger is occupying, entering or exiting the vehicle (“Period 3”).
c. You use the vehicle for a primary purpose other than to provide services for hire related to Commercial Passengers on the Via platform during Period 1, Period 2 or Period 3.
10. Section 15 “Fuel Service Charge” is hereby amended as follows:
Anything contained in Section 15 to the contrary notwithstanding, the vehicle is generally being provided to you with enough gas to last your scheduled rental period. Avis is responsible for fueling the vehicle. You will be billed for the amount of fuel consumed during the rental period at fuel rates commensurate with EIA retail guidelines. The vehicle is equipped with a fuel card that is intended for emergency use only if you are reasonably unable to complete the return of the vehicle or continuing operation of the vehicle during your rental period without refueling. You are prohibited from using the fuel card for any other purpose or removing the card from the vehicle. If you lose or remove the fuel card you will be charged a replacement fee and/or any charges incurred by the card until you notify Avis of its loss.
11. Section 18 “Roadside Assistance” is hereby deleted in its entirety and replaced with the following:
Roadside assistance is available to all renters, but additional fees may be charged to you for the provision of roadside assistance services that are not caused by Avis.
12. Section 19 “Emergency Sickness Protection (ESP)” and Section 20 “Personal Accident and Effects Insurance (PAE)” are hereby deleted in their entirety and replaced with the following:
19. Intentionally omitted.
20. Intentionally omitted.
13. Section 21 “Liability Protection” is hereby amended as follows:
a. Section 21 shall only be applicable to your operation of the vehicle in Period 0 and outlines the circumstances under which you may be protected by Avis against liability in Period 0 for (i) causing bodily injury or death to others up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs, or (ii) damaging the property of someone other than you up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. Section 21 shall not apply to your operation of the vehicle in Periods 1, 2 & 3. Please see Via’s terms and conditions for information regarding liability protection for which you may be eligible from Via for (i) causing bodily injury or death to others during Period 1, Period 2 and Period 3 and (ii) damaging the property of someone other than the authorized driver and/or the renter during Period 1, Period 2 and Period 3.
14. Section 22 “Supplemental Liability Insurance (SLI) & Exclusions” is hereby deleted in its entirety and replaced with the following:
22. Intentionally omitted.
15. Section 27 “Collections” is hereby supplemented to include the following additional terms and conditions:
Anything contained in the Rental Agreement to the contrary notwithstanding, you understand and agree that all amounts due to Avis may be collected from you on Avis’ behalf by Via. Such amounts may be drawn directly from your Via earnings, or from a credit card or alternate form of payment that you have provided to or authorized for Avis. You acknowledge and agree that Avis may coordinate with Via to deduct any amounts you owe in connection with the rental from the amounts you may earn while providing for-hire transportation services on the Via platform, including without limitation all rental charges, fees or deductibles related to Vehicle damage, fines, tolls or any additional fees incurred in connection with your rental from Avis, and in addition that Avis may require you to provide a credit or other payment card (subject to applicable terms and conditions) in order to reserve or rent a vehicle, that an authorization or hold amount may be placed on the card provided, and that Avis may charge the amount owed to the payment card you provide at any time. Avis has designated Via as its agent solely for the purpose of collecting any amounts owed by you to Avis on Avis’ behalf. For this purpose, you authorize Via to offset these amounts from other amounts Via owes you, and if such offset does not fully pay such amounts, Avis may charge the remaining unpaid amount to the payment method you have authorized for Avis’ use. Any such amounts shall be collected at least weekly. Certain amounts may be charged at or after the end of the rental period, such as fees for Vehicle damage as may be identified during inspection, or for unpaid tickets or tolls and associated administrative fees that are identified after the rental period, or otherwise, as provided in the Rental Agreement. You must keep a valid payment method on file with Avis to pay the above amounts. If Via is collecting these amounts, you will receive a summary in your statement from Via with the breakdown of amounts owed during, and as applicable after, the rental periods. You further acknowledge that in accordance with your agreement with Via that Via has the right to collect all amounts due to Avis in the manner described in this Section 27.
16. Section 30 “Additional Services and Products” and Section 31 “GPS by Garmin” are hereby deleted in their entirety and replaced with the following:
30. Intentionally omitted.
31. Intentionally omitted.
17. Section 33 “Vehicle & Location Data” is hereby supplemented to include the following additional terms and conditions:
a. Where permitted by law, we reserve the right to share Vehicle Data to third parties for commercial purposes.
b. Without limitation of any provision found in the Rental Terms and Conditions, you authorize Avis to provide Via with your PII and information regarding each rental you undertake through the “Via Rental Program” and the Vehicle Data. Such PII may include, but is not limited to: name; payment information, driver’s license number, state of issuance and expiration date, insurance information, vehicle license place issuing state and number; vehicle make, model, year, mileage, color and
number of doors; rental location; and rental timeframe. You authorize Via and Avis to collect, process, use, share, and dispose of any data generated by the vehicle, you or your use of the vehicle. All data (including PII) that is collected by Via through the Via platform (including your use of the Via platform) may be shared with and used by Avis.
18. The following new Paragraphs 37, 38, 39, 40 and 41 are hereby added to the Rental Terms and Conditions:
37. Representations. You represent, warrant and covenant to Avis that you have all licenses, permits and approvals required to perform the for-hire services related to the transportation of Commercial Passengers under the Via platform and that you will perform such services in accordance with all applicable policies, procedures, standards, codes of conduct, and other terms and conditions of Via and Avis and all applicable laws, regulations, permits, licenses, administrative pronouncements and court rulings, including without limitation: (i). those governing transportation network companies and drivers utilizing their platforms; (ii) those governing the provision of for hire transportation services at airports; and (iii). those prohibiting discrimination or harassment against any individual by reason of race, creed, color, age, physical or mental disability, national origin, sex, union membership, or any characteristic protected by Law, or against any individual who has a visual, hearing or mobility impairment or uses a service animal.
38. Additional Driver Requirements Applicable to the Via Rental Program. You acknowledge and agree that, in the event you fail to satisfy the requirements established by Avis and Via to participate in the “Via Rental Program”, the Rental Agreement may be terminated upon notice at Avis’ sole discretion and you must return the vehicle to the location from which it was rented upon demand. Your failure to return the vehicle may result in your being charged then-current market rental rates, late fees and all other costs and expenses incurred by Avis in retrieving the vehicle.
39. Accidents and Related Information. You acknowledge and agree that, in the event of any accident, theft or other liability incident involving the vehicle during the rental period, you will promptly notify Avis and Via and provide Avis and Via with all information which may be responsive to any automobile liability involving the vehicle. You further acknowledge and agree to assist and cooperate with Avis and/or Via in any investigation, including any police investigation and handling of such accident or claim of liability against you or Avis and/or Via arising out of such accident or otherwise out of your rental.
40. Vehicle Rental Term. Notwithstanding anything to the contrary contained in these Rental Terms and Conditions or any other agreement between you and Avis or any of its affiliates, rental period shall be billed hourly.
41. Status. You acknowledge and agree that you (i) are an independent contractor and are not an employee of Via, and (ii) are not a legal representative or agent of Via or Avis. Accordingly, you do not have any authority to represent or bind Via or Avis.
In the event of any conflict between the provisions of this Addendum and the provisions of the Rental Terms and Conditions, the provisions of this Addendum shall govern. Subject to the foregoing, except as expressly amended herein, the Rental Terms and Conditions shall remain in full force and effect and is ratified and confirmed in its entirety by each and all of the parties. The headings in this Addendum are for reference only and do not affect the interpretation of this Amendment.