Terms & Conditions

PSA North America Carsharing Solutions, Inc., 810 7th ST NE, 20001, Washington DC (“Free2move”) operates operates a self-drive car-sharing / multi-user car-sharing concept which shall hereinafter be referred to as the free2move Service. Specifically, free2move rent vehicles to registered users within a specific and demarcated geographical zone at free2move’s discretion (hereinafter identified as the ‘service zone’), subject to the conditions set forth below.

‘User’ in these terms and conditions, means you as a user of Free2move. Users can only be natural persons unless they are expressly registered as a company (legal entity) with Free2move. Certain uses of Free2move (such as mobility service orders) are available only to registered users who have a Free2move user name (“Customers”).

A. Subject matter of these terms and conditions of use

These Terms and Conditions of Use apply to the use of Free2move, by Users and Customers such as via a web browser and apps, and the use by Customers of their Free2move Account and Free2move user name. When ordering services from a Provider via Free2move, the contract for the provision of the services will be between the Customer and the relevant Provider and will be subject to the terms and conditions of that Provider (a “Mobility Contract”) and not these Terms and Conditions of Use.

B. Free2move account with Free2move user name

B.1 Registering a Free2move Account

B.1.1 A Free2move account is registered when the User completes the online registration form, accepts these Terms and Conditions of Use and free2move sends the User confirmation that his/her registration has been successful.
On successful registration, Free2move will provide the Customer with an account (“Free2move Account”) which has a Customer user name (“Free2move User Name“), (see Clause B.2) each as chosen by the Customer.

B.2 Free2move Account and Free2move User Name

B.2.1 The User is required to give full and accurate information regarding his/her name, address, e-mail address and other required data for his/her Free2move Account (see Clause B.2.3). Free2move reserves the right to refuse to open a Free2move Account for a User, particularly if there is legitimate reason to believe that the User will not comply with the terms of these Terms and Conditions of Use.

B.2.2 Customers will keep their login information (Free2move User Name, Free2move password,) confidential and not provide third parties with access to Free2move via their login information or otherwise allow them to use their login information. Customers will be held accountable for any use of Free2move by means of their login information as well as any other use of their login information.

B.2.3 Customers must keep their Free2move Account data up to date at all times. This includes, but is not limited to, their name, address, e-mail address, mobile phone number and, if applicable and payment information.

B.2.4 Free2move can block the Customer’s Free2move Account and Free2move User Name
a) if the Customer has entered incorrect information; or
b) if communication via contact information in the Customer’s Free2move Account was unsuccessful (e.g., e-mail address or mobile number is outdated); or

c) if the Customer breaches these Terms and Conditions of Use, unless the breach is minor, or was due to reasons outside the Customer’s control; or
d) if there is legitimate reason to believe that the Customer will not comply with these Terms and Conditions of Use.

e) if the user fails to pay any fees associated with the use of the free2move services

B.2.5 A Customer can cancel his/her Free2move Account at any time on written notice to Free2move via e-mail to info@free2move-carsharing.com. Free2move can cancel the Free2move Account at any time by giving two written weeks’ notice to the Customer. The right to terminate without notice for cause remains unaffected.

B.2.6 As part of the application process, or during a User’s usership in free2move, an applicant/User authorizes free2move to request, to the extent permitted by law, their driving history, driving record, and/or driving abstract in order for free2move to make a determination as to usership eligibility or continued eligibility. free2move, however, has no obligation to check an applicant/User’s driving history, driving record, and/or abstract.

free2move also reserves the right to ask an applicant/User to provide to free2move a current, and certified translated copy, if applicable, of the applicant/User’s driving record from the applicable regulatory or government authority at the time of application or at free2move’s request during the tenure of the User’s usership for the purpose of verifying compliance with free2move’s eligibility requirements, and these Terms and Conditions.

If free2move learns that a User’s driving license has been suspended, revoked, surrendered, or lost, or if the driving license has expired, free2move will suspend the ability of the User to use free2move.

The only individuals authorized to drive free2move vehicles are those who:

  1. Are Active Users;

  2. hold and carry during every Trip their valid driver’s license and maintain compliance with any restrictions imposed by such license;

  3. have taken the necessary care, time, and effort to familiarize themselves with the laws applicable to the operation of a vehicle in the jurisdictions in which the free2move vehicle will be operated;

  4. meet free2move’s minimum age and driving experience requirements, if any;

  5. have not consumed any alcohol. Drinking alcohol and driving is strictly prohibited, and a limit of 0.00% blood alcohol content (BAC) applies for all drivers of free2move vehicles.

  6. are not under the influence of drugs or medication that could adversely impact their ability to drive. As concerning drugs or medication that could adversely

impact a User’s ability to drive, whether legally prohibited, prescribed, or otherwise, a zero-tolerance policy applies;

  1. have a valid payment card associated with their usership;

  2. have registered the data and personal information of other drivers who are authorized to drive at the expense of such User, if applicable; and

  3. prior to using a vehicle, have familiarized themselves with these Terms and Conditions all of which are available at www.free2move-carsharing.com and/or on the free2move carsharing app.

free2move may deny, suspend, or terminate an applicant or User’s authority to use free2move if the following appear on an applicant or User’s driving record:

  1. a suspended, revoked, expired, or surrendered license;

  2. convictions for any driving-related offences under any federal, state, or provincial criminal or civil laws including, but not limited to: (a) careless or dangerous driving; (b) driving under the influence, driving while intoxicated, or driving while impaired; and (c) possession of a stolen vehicle, the unauthorized use of a vehicle, or the use of a vehicle in the commission of a crime;

  3. failure to report an incident involving a free2move vehicle, accident or leaving the scene of an accident; or

  4. a material number of driving infractions, as determined in free2move’s sole discretion.

  1. It is a material condition of usership that a User agrees to and shall notify free2move immediately if any of the circumstances outlined in Section B.2.6 occur after free2move usership is conferred on the User. The User understands that this obligation to self-report is mandatory irrespective of whether the circumstance outlined in Section B.2.6 occurred when the User was operating a free2move vehicle or not. The User also understands that after self-reporting, free2move maintains the right to determine, in free2move’s sole discretion, whether to suspend and/or terminate a User’s account until free2move determines that such account can be reactivated and/or reinstated.

  2. If a User is involved in an accident where they are the operator of one of the involved vehicles, whether involving a free2move vehicle or not, such User shall immediately inform free2move by contacting free2move’s User Services Department. This duty to self-report accidents includes single-car accidents.

In such circumstances, free2move may, but shall have no obligation to, obtain or ask
User to obtain (at the User’s sole expense) an updated, certified translated (if applicable) copy of the User’s driving record from the applicable governmental or regulatory authority. Further, such User’s driving privileges and free2move account may be suspended until such time as free2move receives an updated copy of the User’s driving record and has verified the User’s driving history to be satisfactory to free2move.

11. free2move will retain a User’s driver’s license information and/or a photographic copy of the front and back of a User’s driver’s license to monitor expiration dates and to provide notices to the User to update their driver’s license before expiration. User consents to free2move’s retention of such information and gives

free2move permission to contact User via email, text message, or telephone about the information related to a User’s driving license.

12. free2move reserves the right to change, at any time, its usership eligibility criteria and to impose other eligibility criteria for free2move usership.

B.3 Usership approval and access

B.3.1 Account Management

  1. Once approved for usership, Users will be required to use the free2move app or other authorized mobile application to access free2move vehicles.

  2. Users are prohibited from giving, lending, or selling usership or access to their free2move app and/or credentials to anyone or otherwise allowing anyone to benefit from use of their usership or free2move app. Failure to comply with this condition will result in usership termination, will void any applicable insurance coverage, and may subject a User to liability for any damages that stem from the unauthorized use of a free2move vehicle. These penalties will apply irrespective of whether the User is the driver or passenger or whether the User is even in the free2move vehicle at the time of the breach.

  3. Violations of these Terms and Conditions, including, but not limited to, any default on payments, may result in usership termination. This exclusion may be temporary or permanent and is in free2move’s sole discretion. The User may be informed of their exclusion by e-mail, at free2move’s discretion the user if costs may be incurred (such as sign-up fees).

B.3.2 Payment and billing

  1. Users are responsible for the payment of all charges in any way incurred in connection with the use of a vehicle associated with their account.

  2. The User will be responsible for any traffic, moving, or parking violation citations issued for failure to comply with traffic rules or other laws, and/or any highway or bridge toll charges levied against the vehicle related to the user’s use. A User may be charged for the actual amount of such citations and/or toll charges plus a processing fee related to the citation or tolls. By using free2move, a User expressly waives their right to challenge citations and/or tolls.

  3. Without waiving any of free2move’s rights, including right of indemnification, and, to the extent permitted by law, free2move or its designated representatives or assignees may elect to challenge, settle, or assign to User any such citations or tickets issued to free2move, which free2move deems to have been incurred during a User’s use of the service. And, by using free2move, a User expressly waives their right to challenge such citations and/or tickets. User shall comply with the written demands to waive or assume responsibility of any citation and related legal process and, upon written request by free2move or its designated representatives or assignees, shall execute any required waiver, assumption, or assignment of User’s rights or obligations related the citation and/or ticket.

  4. Unless required by law, no portion of the registration fee shall be refunded.

  1. If a payment card charge is declined by the User’s payment card issuer (either for advanced authorization or incurred charges), free2move may suspend or terminate the User’s usership.

  2. free2move reserves the right to assign a delinquent User-account to a third party collection agency in compliance with and to the extent permitted by law.

C. Use of Service and Vehicle Hire

C.1 Reserve and start trip

Registered and validated users may hire vehicles from free2move. Only the free2move vehicles shown in the app may be used. It is possible to book a specific car for a certain amount of time. The reservation may be made using the free2move app or authorized 3rd parties

The booking duration and its price, if any, shall be specified in the Pricing policy.

Free2move may deny the reservation in the event that the vehicle selected is not available or where the user makes unreasonable use of the reservations system. Unreasonable use of the reservations system includes making repeated reservation requests for available vehicles which do not result in an actual being made. Free2move reserves the right to de-register any users making unreasonable use of the system. In specific cases, there may be a discrepancy between the location shown and the real location as a result of inaccuracies in the GPS signal, and free2move assumes no responsibility in this situation.

When using the free2move vehicles the user shall:

  1. use, operate, and handle the Vehicle appropriately, and adhere to applicable maximum and minimum speeds, as local speed limits and weather conditions permit;

  2. comply with all laws applicable to operation of a vehicle;

  3. ensure that the Vehicle is used only in a manner for which it is roadworthy and

    reliable;

  4. immediately inform free2move of any instances of major soiling, vandalism, or

    damage to the Vehicle;

  5. secure the Vehicle against theft (windows must be closed and the doors must be

    locked);

  6. keep any passwords in strict confidence and not record passwords in written or

    electronic form.

  1. a User must pay for any associated costs and/or damages arising from unauthorized use (unauthorized use includes use that is not authorized by the User and/or use that is not authorized by free2move) of a User’s account by a third party. Accordingly, if a User has reason to believe that a third party may have obtained unauthorized knowledge of a password the User must change their compromised password and notify free2move immediately;

  2. immediately inform the police/emergency personnel and free2move of any accident. At the request of free2move or its insurer, the User must provide to free2move a copy of any citation report, police report, or other document(s) related to the accident that are in the User’s possession;

  3. notify free2move of any tickets and/or warnings for traffic or driving offenses received by the User while operating a free2move Vehicle or during a Trip, including parking tickets;

  4. notify free2move of any moving violations, traffic tickets, speeding tickets, and/or driving offenses received while operating any vehicle; and

  5. unless prohibited by applicable law, permit free2move and/or its agents and representatives to record telephone conversations in connection with usership inquiries, in order to investigate accident and/or legal issues, and/or improve the quality of free2move’s Vehicles and services.

Individual hire starts when the vehicle is accessed using the app, and ends when the user has successfully concluded the vehicle hire in accordance with the provisions of these General Conditions.

Users, in accordance with the applicable Regulations, do not have the right to withdraw (even in part) from an individual hire once it has started, and as such the duration of the vehicle hire shall always be the time elapsing between access to the vehicle and the conclusion of the vehicle hire in accordance with the provisions of these Conditions.

The beginning of the trip in specific areas of the service zone (such as airports) could lead to additional charges that will be specified in the Pricing Policy.

C.2 Parking and end of trip

To park and/or end the trip the user shall:

  1. Notify this to the free2move user support service.

  2. Take all necessary steps to capture evidence and mitigate the losses in co- ordination with free2move, and participate in the procedures for the vehicle to be handed over to a company providing tow-truck services, or for it to be deposited securely in co-ordination with free2move, or for it to be taken away by the user.

  1. Where necessary, users may request the presence of the Police if the other party refuses to fulfil the accident statement.

  2. In the event the accident is not reported, or the accident statement is not filed, the user shall be required to pay the surcharge stipulated for this situation.

  3. To park the vehicle within the service zone specified by the app. The indicator of the car is for guidance only.

  4. To park the free2move vehicle properly in accordance with the Parking regulation code on the public road.

In zones where parking is banned on certain days or at certain times, the vehicle hire can only be concluded if the restriction does not come into force for at least (48) hours as from when the vehicle is parked. The same shall apply to parking bans that have already been imposed, but which are not in force yet with regard to time (e.g. temporary bans due to an event or relocation).

  1. Not to park on private or commercial property (such as car parks, courtyards, etc.) or any other area fenced or provided with a barrier, even if it is always open. This ban shall also apply to the car parks of shopping centres, supermarkets, restaurants, universities, etc and to any non-paved area. It is explicitly vanned to park in any none-paved area.

  2. To apply the handbrake, to close all doors and windows properly, to switch off all the lights; not to leave any litter in the vehicle, or excessive soiling.

  3. To park somewhere that allows a data connection via mobile phone. Where this is not possible in exceptional circumstances, users must move the vehicle to another location until such a connection is established. It is banned to park indoors or in any sheltered location.

  4. To conclude the vehicle-hire process using the free2move app pressing the button ‘END TRIP’. If the user leaves the free2move vehicle without having concluded the vehicle-hire process, the hire shall continue at the user’s expense.

It is permanently prohibited to stay inside the vehicle once the trip has been terminated unless authorized by the customer service team. In case of incompliance, free2move can charge the user for the time spent between the termination of the trip and the moment he/she got out of the vehicle.

If the vehicle-hire cannot be concluded, the user shall inform free2move of this without delay and shall remain with the vehicle until the user support service has taken a decision

as to what to do in this circumstance. Any additional vehicle-hire costs shall be refunded by free2move once it has been verified that the user is in a situation of compliance (users will not be in a situation of compliance where the vehicle does not allow the hire to be concluded because the keys are not in the vehicle, or the doors are not locked, or the vehicle is not parked in a service zone).

The termination of the trip in specific areas of the service zone (such as airports) could lead to additional charges that will be specified in the Pricing Policy.

Breach of any of the conditions indicated above may result in a penalty.

C.2 Pricing Policy

All prices and tariffs are set forth in the Pricing Policy, available at www.free2move- carsharing.com which is subject to alteration as are all other parts of these General Conditions.

Unless otherwise stated, the prices are the final prices and include all direct and indirect taxes applicable by law.

  1. The fees for using a free2move Vehicle and related services are set out in the Schedules, and Members must pay such amounts when due. The fee structures and prices set out in the Schedules may include references to taxes applicable in certain jurisdictions.

  2. Payments shall be made by Payment Card, and Member hereby authorizes free2move and its assignees to apply charges for Member’s Invoice(s) to the Payment Card supplied by the Member to free2move. Such Payment Card shall have sufficient funds available to cover any applicable charges. The Member is solely responsible for any associated Payment Card charges or fees. free2move has the right to deactivate any Member’s account due to non- payment or for insufficient funds.

  3. free2move may issue time or other credits to Members to be used toward future Trips. Any time shall not have monetary value and shall not be transferrable. If any time or credit has an expiration date, it will be noted in the Member’s account. Such time and credits may not be applied towards price packages or fees. Use of such time or other credits to use Vehicles is subject to the Terms and Conditions.

  4. free2move may offer price packages in certain locations. Such price packages charge a Member a flat rate for a predetermined amount of time. The Member agrees and understands that if they fail to use the Vehicle for the entire amount of time of a package, that neither the full or partial amount of the flat rate will be reimbursable. The Member also agrees and understands that if they go over the amount of time for the purchased package that pricing reverts to the minute rate for that location and Vehicle-type. Fees and taxes are in addition to price package rates.

    D. Joint provisions

D.1 Availability and guarantee

Customers have no entitlement to availability, quality, service characteristics or technical support for Free2move or the Free2move User Name. Free2move reserves the right to restructure, limit or terminate Free2move and the Free2move User Name at any time as it chooses. This is without prejudice to existing Mobility Services Agreement and agreements between Customers and free2move, as well as their performance.

To the extent that free2move owes no duties to the Customer to perform specific activities under these Terms and Conditions, Free2move assumes no warranty as to the performance of such activities.

D.2 Limitation of liability

As prescribed by law, free2move will be liable for damage caused due to intent or gross negligence by free2move or its vicarious agents.

In cases of minor negligence, free2move will be liable only for breaches of material contractual duties and only for foreseeable, typical damage. Material contractual duties are those that necessarily have to be fulfilled for the contract to be properly performed and upon the fulfillment of which Users must be able to rely. In cases of minor negligence, free2move will not be liable for the accuracy of data (e.g. pertaining to mobility services) provided by third parties (such as other Providers). The provisions of this Section also apply to legal representatives and vicarious agents of free2move.

free2move always strives for the safety for our users; however, free2move is not responsible for anything bad that happens to the user, or to anyone else, as a result of the users membership and/or users use of any free2move Vehicle, website, app, or service. The user agrees that the entire risk arising out of the user’s use of the services offered by free2move—and there is inherent risk in driving a car— remains solely on the user, to the maximum extent permitted by law.

D.4 Arbitration

To the extent permitted under applicable law, user and free2move each agree that any and all disputes that have arisen or may arise between user and free2move shall be resolved exclusively through final and binding arbitration, rather than in court, except that user may assert claims in small claims court, if your claims qualify.

To the extent permitted under applicable law, user agrees that free2move’s services involve interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these T&Cs as a court would.

To the extent permitted under applicable law, user agrees that the arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of these T&Cs, including this arbitration provision, including, but not limited to, any claim that all or any part of these T&Cs is void or voidable.

Whoever first demands arbitration may choose to proceed under the applicable rules of the National Center for Dispute Settlement, 43230 Garfield Road, Suite 130, Clinton Township, MI 48038 on the Internet at http://www.ncdsusa.org, or the American Arbitration Association (“AAA”).

Whichever rules are chosen, the arbitrator shall be an attorney or retired judge and shall be selected in accordance with the applicable rules. The arbitrator shall apply the applicable rules in deciding the dispute.

The arbitration shall be held in the county in which user resides or at another mutually agreed location. Attendance at an in-person hearing may be made by telephone by user and/or free2move, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of the District of Columbia, including recognized principles of equity, and will honor all claims of privilege recognized by law.

The arbitrator shall not be bound by rulings in prior arbitrations involving different free2move members, but is bound by rulings in prior arbitrations involving the same free2move member to the extent required by applicable law.

The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

D.3 Amendments to these Terms and Conditions of Use

free2move can make reasonable amendments to these Terms and Conditions of Use, including to reflect modified content of free2move. Amendments will be communicated to Customers in text form via e-mail and to other (non-registered) Users by publication on free2move with a notice period of at least six weeks. These amendments will be considered approved if the Customer does not object in writing within the notice period, or if he/she continues to use free2move after the notice period. free2move will include this information in the notification. If a Customer objects to an amendment of the Terms and Conditions of Use, this will be considered termination of his/her free2move Account without notice.

D.4 Other provisions

Parts or content of free2move cannot be re-used or systematically extracted without the express written consent of Free2move.

These Terms and Conditions of Use represent the full agreement between Free2move and the User for the subject of the agreement. There are no subsidiary agreements. Amendments and addenda to this agreement must be made in writing to be effective, unless otherwise expressly stipulated in these Terms and Conditions of Use. Text form is not equivalent to the written form.

If one or more provisions of these Terms and Conditions of Use are or become invalid, this will not affect the validity of the remaining provisions. The parties will close any loopholes according to the Parties’ assumed intent.

These Terms and Conditions are intended for the benefit of the user and free2move. No other third party may claim any rights under these Terms and Conditions, whether as a

third-party beneficiary or otherwise. The information, recommendations, and/or services provided by free2move to Members, in whatever format or through whatever medium, are for general information purposes only and do not constitute advice. free2move will reasonably keep the contents of its website and the free2move app correct and up to date, but free2move does not guarantee that the contents of the free2move website and/or the free2move app are free of errors, defects, malware, and viruses or that the free2move website and/or free2move app are correct, up to date and accurate. free2move also does not guarantee, represent, or warrant that the free2move website and/or free2move app is or will be accurate, reliable, timely, secure, error-free, uninterrupted, that defect will be corrected, or that such medium will otherwise meet a Member’s needs, requirements or expectations.

free2move shall not be liable for any damages resulting from the use of or inability to use free2move vehicles, the free2move website or free2move app, including damages: (a) caused by malware, viruses or any incorrectness or incompleteness of the information or the website or free2move app, unless such damage is the result of free2move’s willful misconduct or gross negligence; and/or (b) resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties, or by computer programs used for electronic communications and transmission of viruses.

Members acknowledge and agree that the entire risk arising out of Members’ use of the services offered by free2move remains solely with Members, to the maximum extent permitted by law.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

If the User is a merchant, a legal entity under public law, or does not have a general domestic legal venue, the courts of Washington DC will have sole jurisdiction over disputes arising from and in relation to these Terms and Conditions of Use. This is without prejudice to legally mandated judicial venues.

Valid from September 2018