1. DEFINITIONS
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 Joint-Member;
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 vehicles is prohibited.
4. RESERVATIONS
4.1 Mandatory reservation The Subscriber must always reserve a vehicle before using it;
4.2 Advanced Reservations A reservation cannot be made more than one month in advance.
4.3 Time period The reservation must begin at the hour or the half hour. The minimum time period for which a vehicle can be reserved is a half-hour.
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 Reservaation 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 reservation
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
penalties 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 adavance 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.
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 abnomality 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 mail 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.
6. TRIP COUPON AND KILOMETERS DRIVEN
6.1 When using a vehicle, the Subscriber must fill out atrip 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 kilometers 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.
7. GAS AND OTEHR 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 during summer and three-quarters full during winter (from December 1st to March 31).
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-washer 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 :
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.
7.4 Purchase receipts
A cash register or credit 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
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.
8. LONG DISTANCE RATES AND NETWORK RATES
8.1 Some restriction apply to Network reservations, and to reserv-
ations made at the Long Distance rates for susbscribers 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.
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 particiating rental company at the Network
rates, if a Communauto vehicle is available for the same period.
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.
9.3 Car wash
The maximum refundable amount for a car wash is $10 (plus tax).
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.
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 weaknesses, etc., as soons 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 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 $10 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 vehcile. 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:
a) date, time, place and circumstance 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) the names, addresses, phone numbers and driver's license numbers of the parties involved in the accident;
d) the names, addresses and phone numbers of the owners of the cars (if the drivers are not the owners);
e) the names, addresses and phone numbers of witnesses, if any (indicate if these were passengers of the vehicles involved);
f) a description of the damages to the vehicles;
g) the signatures of all the 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 ajustment 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.
11. INSURANCE
11.1 Coverage
11.1.1
The insurance policy to Communauto is an integral part of the
Rules & Regulations, and copies are available on request (see : www.communauto.com/assurance_ENG.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 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, or for any stain or
mark caused by an animal, or otherwise caused (coffee, soup, etc.)
that requires specific cleaning.
11.2.2
Regardless of any deductible 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's 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;
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;
d) fails to remove the keys from the vehicle or to close and lock all doors,
windows and the trunk;
e) fails to turn off certain accessories (such as headlights and windshield wipers, etc.) when returning the vehicle;
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.
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 possible
any such violations that cannot be resolved before the
prescribed deadline (appeals, legal proceedings, etc.)
12.2 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.
12.3 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
instruction. 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.
13. INVOICING
13.1 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 not later
than the due date.
13.2 The various fees for the use of vehicles and penalties which are the responsibility
of the Subscriber and of any Joint-Members 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 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, HSBC 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".
13.5 Late Payment
Interest 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 od 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 acocunt is in good standing and payment has been made in full.
13.6 Balance in excess of $400
The Subscriber whose balance is greater than $400 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 legal fees or court
fees accruing from the enforcement of the terms of the Contract and the Rules & Regulations.
14. MEMBERSHIP CARD
14.1 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.
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 vehcicle more than 30 minutes late
are considered equivalent to using a vehicle without a reservation.
b) Late charges :
c) Cancelling or shortening a reservation, hourly rental (less than 12 hours):
d) Cancelling or shortening a reservation, daily rental (12 hours or more) :
e) General penalty or general administrative fees:
20 $ , plus any additional fees incurred by Communauto for 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, such as the loss of the keys to a vehicle, failing to return a replacement key in
accordance with a request made by an Agent, 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 pre-authorized 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.
I declare that I have read and understood all the modalities of the present Rules & Regulations, and that I accept them.