Woodsmere Carsharing Corp. - Terms & Conditions
All applicants must be a resident in good standing in a Woodsmere Holdings Corp. building located on Vancouver Island.
- Be 19+ years of age and have a valid Class 5 BC driver’s licence;
- Have an N licence or better or the equivalent from another jurisdiction and be permitted to drive alone in the car, and have a valid ICBC-issued Class 5 driver’s licence;
- No at-fault accidents within the past two years at the time of joining;
- No more than one at-fault accident within the past two years after joining;
- No licence suspensions within the past two years; and
- No more than two traffic violations in the past two years.
- We also need to see, at a minimum, the last two years of BC driving and insurance claims history and/or driving history from outside BC, no matter where you held your license during those years.
- Register on the Woodsmere Carsharing App if you are 19+ years of age and have a valid Class 5 drivers license. It only takes a few minutes and requires a valid credit card*
*Credit card must be in your name; prepaid or debit cards not accepted.
- You must provide an ICBC drivers abstract or Provincial drivers abstract with a clean record for 2 years. You can request the forms online by visiting one of these links:
- To speed up the process, you can request they email the documents directly to email@example.com
- Once all documentation is submitted and reviewed we will contact you to finalize the registration process
- Note; an annual $5 (CAD) fee will be applied on your acceptance into the program. The fee will continue to be applied annually thereafter.
At any time during your Woodsmere Carsharing membership, you must immediately let us know if any of the events listed below occur. It does not matter whether these events occur in British Columbia or anywhere else in the world or whether they occur in relation to your use of a Vehicle or otherwise:
- if you receive any driver penalty points or similar driver demerit points;
- if you are charged or convicted for a Major Traffic Violation;
- if your Driver’s Licence has been suspended, revoked, expired, surrendered, withdrawn, lost or is no longer valid for any other reason;
- if you are involved in a traffic accident while operating one of our Vehicles;
- if your contact information, including your email address and mobile phone number, changes; and
- if your credit card information changes.
If you do not immediately tell us about any of the above your Woodsmere Carsharing membership may be suspended or terminated. Depending on the nature of the change we may also request that you provide an updated copy of your official driving record.
You must use the Vehicle and its equipment in accordance with all applicable traffic laws, the terms of this Agreement, and the Trip Manual. Your duties include:
- carrying a valid Driver’s Licence whenever driving a Vehicle;
- completing a pre-trip inspection prior to starting trip to ensure that a Vehicle is roadworthy and reliable, as well as to ensure there is no pre-existing Vehicle Damage;
- operating Vehicles safely and with care, driving defensively within speed limits and as permitted by local weather and environmental conditions;
- securing Vehicles against theft, vandalism or improper use by others (including closing all windows and ensuring that all doors and the trunk are locked when you leave the Vehicle during stopovers or at the end of your trip);
- Paying for all parking charges encountered on your trip;
- keeping Vehicles clean and tidy;
- immediately informing us of all Traffic Violation notices and parking violation notices (including from privately operated parking facilities) received during your Rental Period.
We depend on Woodsmere Carsharing members to return the Vehicles in a clean and tidy state. You are responsible for cleaning your rented Vehicle before ending your Rental Period. If you leave a Vehicle dirty or messy, you will have to pay for any required cleaning or detailing in accordance with the Rate Schedule. Since we generally rely on the members to keep Vehicles clean, we cannot promise that each Vehicle will be clean and tidy and we do not take any responsibility in relation to any objects left in a Vehicle by a previous user. If there is a problem with a vehicle at the start of your trip, please document and contact customer service.
If any of the Vehicle’s warning or indicator lights come on during your Rental Period, you should stop as soon as possible in a safe place and immediately notify Customer Service for further instructions. Do not continue to use the Vehicle if Customer Service advises you that the Vehicle is no longer safe to drive.
Unless explicitly authorized by a Woodsmere Carsharing Customer Service representative, in no circumstances are you permitted to repair, attempt to repair, or authorize any other individual to repair or attempt to repair, a damaged Vehicle or otherwise alter a Vehicle in any way, including, for example, by changing a flat tire, etc.
Starting Your Rental Period and Unlocking Your Vehicle
Once you have located your reserved Vehicle or an available Vehicle, you unlock the Vehicle and begin your Rental Period using your Woodsmere Carsharing app. For more information on how to access a Vehicle and start your Rental Period, please see attached Trip Manual.
Before operating a Vehicle, you must familiarize yourself with the Vehicle, this Agreement, and the Trip Manual.
Before operating a Vehicle you must also inspect the interior and exterior of the Vehicle for any defects, damages, soiling, and any missing, incomplete, defective or inoperative equipment or documentation (such as the Vehicle’s the insurance papers or copy of the vehicle manual). In the following, we will refer to any of these issues as “Vehicle Damage”.
If you discover any Vehicle Damage, you must let us know immediately by calling Customer Service, or by pressing the Help Button on your Woodsmere Carsharing app, which will connect you to Customer Service through the Vehicle’s communication system. You must report any Vehicle Damage to us completely and accurately.
Customer Service will inform you whether any of Vehicle Damage you have reported will prevent you from using the Vehicle or will let you know what additional steps you may have to take to properly address the issue. If Customer Service determines that a Vehicle can no longer be used, it will assist you in making alternate arrangements.
Failure to Report
You understand and agree that if you do not completely and accurately report to us any Vehicle Damage already existing at the beginning of your Rental Period, that damage will be deemed to have occurred during your Rental Period and you must pay us for that damage unless it is established to our satisfaction that Vehicle Damage could not have occurred during your Rental Period.
When you wish to end your trip and return your rented Vehicle, you must:
- park the Vehicle in a designated Woodsmere Carsharing spot at the Woodsmere building where your rental started;
- Woodsmere Carsharing is a two-way carsharing service and all of our vehicles have a home location. To end your trip, you must return the car to its home location. See your confirmation email if you are uncertain about the home location. If something is preventing you from returning the vehicle to its home location, like another vehicle parked in its spot, please park the vehicle in the next available car charging station and contact Customer Service immediately.
- ensure that the Vehicle engine is turned off;
- ensure the key fob has been placed back in center console;
- ensure that the Vehicle is clean and tidy and you have left none of your belongings in the Vehicle;
- ensure that all windows, doors, and the trunk are fully closed and that all lights have been turned off; and
- ensure that the Vehicle is returned in its original condition, except for ordinary wear and tear due to reasonable use.
- ensure the vehicle is plugged in and charging;
If the following conditions are satisfied, your trip will automatically end and the trip end will be indicated on your Woodsmere Carsharing app.
You are responsible for ensuring the above conditions are satisfied and the Vehicle is locked and secure at the end of your Rental Period. Your Rental Period will not end until such time and you will be charged rental fees in accordance with the Rate Schedule until then. In addition, if you leave the Vehicle unlocked and unattended, you may be subjected to unsecured vehicle fees in accordance with the Fee Schedule.
You will be responsible to pay for any damage to our Vehicles or equipment as a result of another person entering the vehicle while it’s unlocked or otherwise unsecure. If you have any difficulties with ending your Rental Period please call Customer Service for assistance.
For more information, please see also the Trip Manual.
We are not responsible for any lost, damaged or stolen personal belongings left in or on a Vehicle at any time.
We maintain the right to remotely end a trip and/or retrieve a vehicle at any time in our sole discretion, including, without limitation, if we have reason to believe you are not fit to operate the Vehicle or are involved in any illicit activity, your payments are not processing, or we are unable to contact you. In such circumstances, you shall be responsible for all fees and costs incurred up until, and as a result of, the termination of such trip.
You must immediately report accidents, breakdowns, defects or damages involving your rented Vehicle or its equipment to Customer Service, by calling Customer Service. You must provide us with an accurate description of events as well as all necessary information. You must follow the instructions provided to you by the Call Centre personnel. Unless explicitly authorized by a Woodsmere Carsharing representative, in no circumstances are you permitted to repair, attempt to repair, or authorize any other individual to repair or attempt to repair, a damaged Vehicle or otherwise alter a Vehicle in any way, including, for example, by changing a flat tire, etc.
If the police attend to the scene of an accident involving your rented Vehicle, you must remain at the accident site until the police have finished making a record of the accident and must take reasonable measures to preserve evidence and mitigate any damages.
After an accident, you may only continue your trip with our explicit permission. Unless the Vehicle involved in the accident is towed away, you may only park it in an area that is sufficiently supervised and safe.
While we inspect the mechanical condition of our Vehicles regularly for safety purposes, you understand that we do not routinely inspect Vehicles after a rental has been completed and that our Vehicles are parked in unsecured places. Accordingly, for your and your passenger’s safety, you are required to inspect each Vehicle before commencing a trip (see the Trip Manual).
To the maximum extent permitted by law:
- we do not guarantee or warrant to you, the performance, availability, reliability, quality, uninterrupted use, security, fitness for any use or purpose, pricing or operation of any aspect of your Woodsmere Carsharing membership or the Woodsmere Carsharing Program, or the condition, safety or fitness of our Vehicles;
- we also do not make any express or implied representation, warranty or condition, (including warranties or conditions of title or non-infringement, merchantable quality or fitness for a particular purpose) in respect of any aspect of your Woodsmere Carsharing membership or the Woodsmere Carsharing Program;
- no advice or information, whether oral or written, obtained by you from any of the Woodsmere companies creates a term, condition, representation or warranty if it is not expressly stated in this Agreement; and
- all representations, warranties and conditions of any kind, express or implied are excluded.
You are responsible to compensate us for any Vehicle Damage and lost, stolen or damaged equipment in connection with your rental of a Vehicle (whether caused by you, or otherwise, including, for greater certainty, as a result of the failure to properly park, lock or otherwise secure a Vehicle during any stopover or at the end of a trip). This includes any damage or loss caused by accidents, vandalism, soiling, improper use of the Vehicle or your non-compliance with the terms of this Agreement. You are also responsible for our costs in temporarily replacing the damaged Vehicle or equipment during repairs or cleaning.
Further, you will be responsible to pay us for all losses or damages resulting from damage to, loss, theft, or improper use of, or failure to return as required, your Woodsmere Carsharing app. This includes all losses or damages in connection with the theft, loss, damage or improper use of a Vehicle with your Woodsmere Carsharing membership.
To the extent you are determined to be at fault by us, an insurer or a court of law in British Columbia, you are responsible for any losses or damages suffered by third parties (including, without limitation, losses resulting from the injury or death of another person and damage to real or personal property, such as another motor vehicle) arising from or in connection with your use or operation of a Vehicle. In the event you are determined to be at fault for any loss or damage suffered by a third party, you will be responsible for payment of any insurance deductible or any fee required by us or any of our insurers to process their insurance claim, in accordance with the terms of this Agreement.
If you receive any payment or compensation from another person (including your own insurance provider) in connection with any damage, loss or theft of a Vehicle or equipment (including any Woodsmere Carsharing app), you must pay such funds to us. We will apply your payment to reduce any amount you owe us in connection with the damaged, lost or stolen Vehicle or equipment.
Without restricting the other remedies available to the Woodsmere Carsharing and Woodsmere companies, you agree to indemnify the Woodsmere Carsharing Corp., and Woodsmere Holdings Corp., and any related Woodsmere company for any loss, liability, claims (including claims by other persons), damages, costs (including our actual costs to defend any claims and the cost of any insurance deductible or any fees we pay or incur in relation to a claim relating to you) and expenses that of the Woodsmere Carsharing Corp., Woodsmere Holdings Corp., or any Woodsmere related company incur arising from or in connection with your use of the Woodsmere Carsharing Program, including, but not limited to, non-compliance with the terms of this Agreement, negligence or intentional misconduct.
Third Party Liability Insurance
We have placed Third Party Liability Insurance for the Vehicles in accordance with British Columbia law and with an insurer or insurers duly authorized to provide insurance in British Columbia, including the Insurance Corporation of British Columbia. Copies of the terms of the Third Party Liability Insurance coverage are available in the Vehicle’s glove compartment. You qualify as insured under the Third Party Liability Insurance according to its terms and so long as your use of the Vehicle is in strict compliance with this Agreement and the terms of your permission from us to use the Vehicle. The policy limit of the Third Party Liability Insurance is equal to or greater than the minimum amount required by law in British Columbia, however, we reserve the right to amend the terms of the Third Party Liability Insurance, including the policy limit and applicable deductible amount, from time to time at our sole discretion and without notice to you. For more information regarding the Third Party Liability Insurance, please visit ICBC.com. The fact that we have arranged for Third Party Liability Insurance does not reduce or otherwise affect your responsibility to us or any other person.
The Third Party Liability Insurance is not collision coverage, and does not cover you with respect to any damage to the Vehicle itself and your obligation to us to ensure that the Vehicle is not damaged during your rental (whether or not you are at fault). To cover damage to the Vehicle itself, we maintain Collision and Comprehensive Insurance and, in the event of a claim, will charge you a Damage Fee of up to $1,000 to cover the costs of repair, in accordance with the terms set forth below.
We make no representation or warranty as to the adequacy of the terms or policy limit of the Third Party Liability Insurance. We do not act as your agent in obtaining the Third Party Liability Insurance and we assume no responsibility for the actions of the insurer(s) and their handling of any claim. We encourage you to consult with your own insurance broker of choice should you wish to consider acquiring the protection of additional insurance coverage.
You are Responsible for Claims not Covered by our Motor Vehicle Insurance
You are also responsible and must indemnify us for any loss, liability, claims (including claims by other persons), damages, costs or expenses in connection with your use of a Vehicle that is not covered by the motor vehicle insurance for our Woodsmere Carsharing Program or exceeds our insurance coverage for our Woodsmere Carsharing Program.
We recommend that you seek other insurance protection for claims not covered by the insurance for our Woodsmere Carsharing Program.
At Fault Accidents, Deductibles and Damage Fees
If a court, responsible government agency or our insurance provider determines that you are fully or partially at fault for an accident in connection with your use of a Vehicle your membership may be suspended or terminated at our discretion.
Further, you must indemnify us for any deductible or Damage Fee we have to pay or otherwise incur in relation to any claim processed using our Third Party Liability Insurance, Collision and Comprehensive Insurance, or other insurance providers in connection with any accident or claim in connection with the use of any Vehicle by you.
In addition to any other limitation listed elsewhere in this Agreement, we will not be liable to you or any other person, to the maximum extent permitted by law, for:
- any indirect, consequential, incidental, special, aggravated, punitive or exemplary damages directly or indirectly arising from or in any way related to this Agreement, your Woodsmere Carsharing membership, the Woodsmere Carsharing Program or any of its features, services or any other part of it (including Vehicles, reservations, your member account, the Woodsmere Carsharing website, the Woodsmere Carsharing app, and our Customer Service call centre), including loss of profit or revenue, financial loss, loss of business opportunities, breach of privacy or security, property damage, personal injury, or any other foreseeable or unforeseeable loss, no matter how it was caused, even if we were negligent or were advised of the possibility of such damages;
- the performance, availability, reliability, operation, quality, or pricing of any part of the Woodsmere Carsharing Program;
- the condition, safety or fitness for use of our Vehicles;
- any error or omission in the operation or management of any part of the Woodsmere Carsharing Program;
- any lost, stolen, damaged, or expired identifiers, passwords, codes, benefits, Woodsmere Carsharing membership information, discounts, rebates, credits or promotions; or
- the denial, restriction, suspension, disruption or inaccessibility of your Woodsmere Carsharing membership or your participation in any part of the Woodsmere Carsharing Program.
We may Suspend or Terminate your Woodsmere Carsharing Membership at Any Time
We may immediately suspend or terminate this Agreement, your Woodsmere Carsharing membership, your participation in the Woodsmere Carsharing Program or your ability to use any part of the program (including the rental or use of Vehicles) at any time in our sole discretion for any reason whatsoever, including in any of the following circumstances:
- if you do not comply with any of the terms of this Agreement;
- if you are charged with, or convicted of, a Major Traffic Violation;
- if you have six or more driver penalty point or similar driver demerit points at any time during your Woodsmere Carsharing membership;
- if, at any time during your Woodsmere Carsharing membership, you have received three or more Traffic Violations during the preceding two-year period;
- if you no longer have a valid Driver’s Licence;
- if you are found fully or partially at fault for an accident;
- if you do not inform us about an accident;
- if you do not inform us of any of the events described in the “Changes in Status” section above;
- if you no longer have an active email address or mobile phone number; and
- if we experience any problems with your credit card or any other payment method or if you do not pay any amount owed to us when due;
- if we have reason to believe (in our sole discretion) that you may be, or have been, involved in any criminal or otherwise improper activity, including, but not limited to, fraud in relation to the creation or use of Woodsmere Carsharing member accounts and using a Vehicle in furtherance of any illicit activity.
- If you have outstanding rent/fines/bills your account will be suspended pending approval for reactivation.
If we decide to terminate this Agreement and your Woodsmere Carsharing membership, we will send you a notification email to the email address you have provided to us.
You may also cancel this Agreement and your Woodsmere Carsharing Membership at any time. We require that you confirm your cancellation in writing.
When your Woodsmere Carsharing membership, your access to the Woodsmere Carsharing Program, or this Agreement is suspended or terminated, you will no longer be able to reserve or access any of our Vehicles. We will also de-activate other features or functions of your Woodsmere Carsharing membership, the Woodsmere Carsharing App or your member account as we consider appropriate.
In case of a suspension, we may re-instate your Woodsmere Carsharing membership or your access to the Woodsmere Carsharing Program as we consider appropriate or if we are satisfied that the reason for the suspension no longer exists. You will be responsible for obtaining and providing to us any information that we may consider necessary or useful to determine whether the reason for a suspension has disappeared. This may include providing us with an updated copy of your official driving record. We may also decide to terminate your Woodsmere Carsharing membership and this Agreement at any time.
Even if this Agreement and your Woodsmere Carsharing Membership have been suspended or terminated (regardless of the reason therefor), you must still pay for any amount you owe for fees and other charges, damages and indemnification under the terms of this Agreement.
This Agreement will be interpreted in accordance with the laws of the Province of British Columbia and the applicable laws of Canada without regard to the conflict of law rules that would require the application of different laws. In the event of a dispute between you and us, you agree that the courts in the Province of British Columbia shall be competent to hear such dispute and you agree to be bound by any judgment of these courts.
In the event of any contradiction between this Agreement and the other Documents, this Agreement will prevail.
Each provision of this Agreement must be interpreted in a way that is legally valid. If a court determines that any provision is invalid, the rest of the Agreement will remain in full effect.
You confirm that you have not relied on any advice, information, representation, assertion, guarantee, warranty, collateral contract, or other assurance, except those expressly set out in this Agreement.
Your Woodsmere Carsharing membership is personal and only for your benefit. It cannot be transferred to or shared with any other person and no other person may claim rights under this Agreement other than your successors. Moreover, you cannot transfer or assign any or all of your rights under this Agreement.
We may, at any time, sell, transfer or assign any or all of our rights or duties under this Agreement. If we do so, we can share information concerning your Woodsmere Carsharing membership with prospective purchasers, transferees or assignees. In any such case, we will ensure that they are bound to respect your privacy rights in the same way we are.