Terms of Use

These Flexdrive, LLC ("we" or "Flexdrive") Terms of Use outline the nature of our services, as well as the requirements for participation the Flexdrive program by you and other Flexdrive members ("Members"). Please read these Terms of Use carefully, as they set forth legally binding terms and conditions governing the rental of our vehicles, as well as the related website, mobile applications, online tools and features, and other services offered from time to time by Flexdrive (collectively, the "Services"). By using the Services in any manner, including but not limited to visiting or browsing our website or downloading our mobile applications, you agree to be bound by these Terms of Use. Flexdrive reserves the right to modify the terms and conditions of these Terms of Use at any time, effective upon posting of an updated version of these Terms of Use on our website. You are responsible for regularly reviewing these Terms of Use. Continued use of the Services after any such changes shall constitute your consent to such changes.

We are committed to protecting your privacy. Any information submitted or collected in connection with the Services is subject to our Privacy Policy, the terms of which are incorporated in these Terms of Use.

USE OF OUR SERVICES

FLEXDRIVE IS A SERVICE THAT PROVIDES A FORUM FOR ENABLING PEOPLE TO RENT SELECTED VEHICLES ("FLEET CARS") FOR SPECIFIED SHORT TERM PERIODS OF UP TO TWENTY-EIGHT (28) DAYS. FLEXDRIVE DOES NOT PROVIDE TRANSPORTATION SERVICES, AND IS NOT A TRANSPORTATION CARRIER. FLEXDRIVE OFFERS A METHOD TO CONNECT DRIVERS WITH SUITABLE VEHICLES FOR THEIR NEEDS, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER.

MEMBERSHIP – MEMBERSHIP PROCESS

If you are interested in becoming a Flexdrive Member, the first step in the process is to submit a Membership Application and sign a Membership Agreement. By submitting your Membership Application, you are consenting to Flexdrive ordering consumer reports on you as more fully described below. Only after you submit a Membership Application and accept the terms of our Membership Agreement, and we confirm our acceptance of you as a Member, may you utilize the Services. Your use of a rented Fleet Car as a Member must at all times comply with these Terms of Use, as updated from time to time, the Flexdrive Membership Agreement, and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Services by anyone under 25 is strictly prohibited and in violation of these Terms of Use. The Services are not available to or authorized for use by any users previously removed as a Member by Flexdrive, any users or persons acting on behalf of an organization or entity and not in his or her personal or individual capacity.

As part of the application process in obtaining Flexdrive membership, Flexdrive and/or its licensed insurance carriers may order one or more consumer reports. A consumer report may contain information on credit history, driving records and criminal activity, among other things. In the event that Membership is denied to you based wholly or partly on information in a consumer report, you will be notified of this fact and given the name and address of the consumer reporting agency making the report. Flexdrive maintains the right to suspend and/or revoke Membership at any time.

TO BE ELIGIBLE FOR MEMBERSHIP, YOU MUST:

  • possess a current, valid driver's license.
  • possess a mobile phone in your own name that we can verify through text message;
  • be at least 25 years of age; and
  • demonstrate 3 years of current driving history. You will be ineligible if your record shows any major violations (such as DUI, excessive speeding, motor vehicle felonies, or otherwise in Flexdrive’s sole discretion) or more than 2 minor violations in the last 3 years.

RENTAL TERMS

Members may rent a car by payment of the associated rental fee for the applicable rental period. The rental term for any Fleet Car will be 7 day increments, up to no more than 28 days, at which point a Member may renew the rental period for additional terms at the Member’s discretion. The mobile application will indicate the rental fee associated with any available Fleet Car. Flexdrive maintains insurance on its Fleet Cars that covers you as a driver. Reservation of a Fleet Car through Flexdrive’s system does not guarantee reservation on the selected vehicle.

Members are assessed an annual membership fee at the time of the first subscription. The next membership fee will be due one year from the date of the first subscription.

Security deposits are required to subscribe in some markets, and are assessed at the time of your first subscription. Security deposits are refundable at the time of return of vehicle, subject to vehicle condition. At the time of return of vehicle, user may choose to have Flexdrive hold the Security Deposit to be applied to their next Flexdrive subscription OR to have the Security Deposit refunded to their original form of payment.

GENERAL OVERVIEW OF THE RULES

Flexdrive connects drivers with Fleet Cars available for rent. As such, we have a number of rules designed to ensure that our Fleet Cars remain in good condition for the next driver. Accordingly, Members should follow the guidelines below, as well as all other rules in these Terms of Use and your Membership Agreement.

  • Report all damage: Before you drive away, inspect your Fleet Car inside and out. To report damage, a dirty Fleet Car or low fuel, call the number indicated on the Flexdrive informational brochure inside the vehicle.
  • Keep all Fleet Cars clean: Take personal belongings with you when you go and throw away or recycle any trash.
  • No smoking: Not even with all the windows down or all the doors open.
  • Keep Fleet Cars full of gas.
  • Pets must be in carriers: Because of potential allergies by other drivers, you must transport pets
  • Drive as if it was your own car: While Flexdrive maintains insurance on all Fleet Cars available in carriers only. through the Services, you will be responsible for all uncovered damages, costs, and deductibles resulting from your use of the Fleet Car, and for all damages that result from a breach of these Terms of Use or your Membership Agreement.

Failure to comply with the provisions of these Terms of Use may cause a Member to incur additional fines and penalties, which you agree may be automatically charged by Flexdrive on the credit card used to make any rental fee payments to Flexdrive for a rented Fleet Car. The following fees will apply:

Cleaning: $50
Smoke removal: $250
Pet clean-up: $250
Late return OR we need to pick up the vehicle: $50 + daily prorated rental fee
Damage: $100 PLUS
Major damage Cost of deductible: $1,000
Minor damageCost of repair
Lost Fleet Car key: $10 + cost of key
Recovery fee: Cost of recovery + daily prorated rental fee
NSF or returned rental fee charge: $50
Traffic citation or other fines: $50 + cost of fine
24 hour cancellation fee: $50
Locked car (remote unlock): $50
Towing/Impound/Booting: $50 + cost incurred + daily prorated rental fee
Tampering with online hardware or software: $250 + cost of repair

PROHIBITED USES OF FLEET CARS

Any unreasonable, inappropriate or unlawful use of a Fleet Car, as determined by Flexdrive in its sole discretion, may be deemed a breach of these Terms of Use. Without limiting the foregoing, Members must always use Fleet Cars in accordance with all traffic, motor vehicle, highway and other applicable laws and regulations. Flexdrive may report to the authorities or to its partners any use of Fleet Car or other activities that it believes are in violation of law. Without limiting the foregoing, the use of a Fleet Car under the following conditions is prohibited:

  • any speed race or competition;
  • for the purpose of towing, pushing, or propelling any trailer or any other vehicle;
  • for moving furniture, household goods, or other general moving activities;
  • for the primary business purpose of transporting people or operating a taxi service (unless Flexdrive expressly consents to such use as part of the Member’s application process or later provides prior written consent to such Member);
  • by any person who is under the influence of (i) alcohol; or, (ii) any drug or medication under the effects of which the Member’s operation of a vehicle is impaired or the use of a vehicle is prohibited or not recommended;
  • in the carrying out of any crime or for any other illegal activity or purpose;
  • in an imprudent, negligent, or abusive manner or any other abnormal use of a vehicle;
  • driving a Fleet Car from the US into Canada without a valid insurance card;
  • driving a Fleet Car from the US into Mexico or any use of a Fleet Car in Mexico;
  • carrying a number of passengers that exceeds the designed seating capacity of the vehicle or baggage, cargo or other items that would cause the Fleet Car to be overloaded or otherwise exceed its recommended weight capacity;
  • carrying or transporting any hazardous, toxic, flammable, dangerous or illegal materials;
  • driving while using a mobile communication device that may distract you from driving, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law; or
  • any other activity prohibited by law or public policy.

Further, Member agrees that Member will not (and will not permit passengers or others to): (a) smoke cigarettes, cigars, pipes or other tobacco products in the Fleet Car; (b) remove, tamper with or disable the tracking device or other hardware, software or electronics that are installed in the Fleet Car; (c) perform repairs or maintenance services on the Fleet Car or make any modifications to the vehicle; (d) make any cosmetic changes to the Fleet Car including, without limitation, painting, striping or window tinting; (e) replace the Fleet Car’s wheels or other parts; or (f) damage or deface the Fleet Car.

IF YOU HAVE A BREAKDOWN OR AN INCIDENT

Flexdrive will perform all necessary and required routine maintenance on all of its Fleet Cars. However, Members are responsible for helping us to maintain the driving safety and performance of the Fleet Car. Members must be responsive to all warning lights, chimes and other indicators and alerts.

Fleet Cars may require Roadside Assistance from time to time. Flexdrive provides Roadside Assistance support as part of our service. If, however, a Member's need for Roadside Assistance results from a breach of these Terms of Use or your Membership Agreement, the Member may be charged for the costs of the service.

Atypical noises or driving feel, including but not limited to warning lamps, indicators, inappropriate or strange engine or other mechanical sounds, performance changes or unusual driving feel, must be reported to Flexdrive as soon as noted. Failure to report such irregularities during the use of a Fleet Car may result in the Member's immediate suspension or termination of membership as well as the Member being responsible for any damages resulting from the continued use of the Fleet Car despite such irregularities. Such damages are not limited to the damage fee and are not be covered by Flexdrive's insurance.

You should report all breakdowns, accidents or similar incidents involving Fleet Cars to Flexdrive immediately via our website, app, or by calling call the number indicated on the Flexdrive informational brochure inside the vehicle.

When using a Fleet Car, you must follow the owner manual's instructions. If a problem arises that prevents or limits the use of the Fleet Car or that may compromise safety, you must immediately notify Flexdrive and follow Flexdrive's instructions.

In case of an incident involving property damage or any third party, the Member must fill out an official police report form, and, if possible, provide a jointly agreed-upon statement, complete Flexdrive's incident report form on the Flexdrive app or website, or by calling Flexdrive, and obtain the following information:

  • Date, time, and place of incident;
  • The license plate numbers of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate's number (with name, address and phone number of the insurance agent; if possible obtain a digital photo of the other driver’s insurance card);
  • The names, addresses, and driver's license numbers of the persons involved in the incident;
  • The name, address, and driver's license number of the owner of the car (if he or she is not the driver);
  • The name, addresses, and phone number of witnesses, passengers, and any other involved persons;
  • Circumstances of the incident; and
  • A police report is required regardless of liability or fault.

Members must provide to Flexdrive and any other claims adjustment service the findings of any report or any notice relating to a claim or a lawsuit against Flexdrive regarding any incident involving a Fleet Car. Members agree to cooperate fully with Flexdrive in the investigation and defense of any such claim or lawsuit. A Member's account may be suspended until the investigation has been concluded.

The Member will be responsible for the costs related to the repair, recovery, and loss of use of any Fleet Car and all third party injuries and property damages resulting from any of the foregoing to the extent they are not covered by insurance. Estimates for any costs will be available to the Member for review and costs may be assessed in advance of repair. You will be responsible for all applicable damages and costs arising from the Member's failure to comply with the terms of the Contract. For an understanding of insurance coverage provided by Flexdrive for the Member, please see Insurance and Fleet Car section below.

TRAFFIC VIOLATIONS

You are responsible for any traffic violations incurred during your reservation or as a result of your use of a Fleet Car. These include, but are not limited to parking, speeding, red light, photo enforcement, and toll violations. You are liable for all penalties/fees from any such violation, including fines for late payment and any processing penalties/fees added by the issuing municipality. You are liable for payment of all tolls and any fines for toll evasion. Wherever possible it is the Member's responsibility to pay the relevant authorities directly. Flexdrive may impose a fee in connection with processing any such violations, as described above in Membership Fees. You must report such violations to Flexdrive as soon as possible within the prescribed deadline for the violation (for example, if the case is being taken to court).

You must notify Flexdrive of any traffic violation notices found on a Fleet Car at the time of pickup of the Fleet Car. All unreported traffic violations will be the responsibility of a Member if they occur during the time period during which such Member is using or responsible for the Fleet Car.

Where a violation was incurred by a Member and is sent directly to Flexdrive, Flexdrive will either pay the penalty/fee on behalf of the Member and then add the penalty/fee to the Member's account or Flexdrive may, if permitted by the authority issuing the violation, transfer liability for the penalty/fee to the Member and the Member will then be wholly responsible for all correspondence with the appropriate authority and any penalties/fees due. Flexdrive will always inform a Member which one of these two courses of action it has taken, and will endeavor to provide notice to Members before it pays any penalties/fees attributable to them. Once paid by Flexdrive, it may not be possible for the Member to challenge the penalty/fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to Flexdrive and will be at Flexdrive's absolute discretion. In the case of speeding notices, Flexdrive is obligated to pass on the offending Member's details to the police, who will then contact the Member directly.

INSURANCE AND FLEET CAR DAMAGE

Insurance is included with the Flexdrive membership fees.

Members are provided with auto liability insurance in the amount of $100,000 per person for third party bodily injury and property damage, with $300,000 aggregate per accident for third party bodily injury and property damage.

Members are also provided with uninsured/underinsured motorist coverage in the amount of $100,000 per person/$300,000 per accident and $5,000 in medical payments coverage. Members may use their own health care coverage in case of any personal injury coverage that the Member has available. Such coverage would typically be excess over coverage provided by the Flexdrive insurance, if any. In Georgia, insurance companies are required to make "medical payments" coverage available as an optional coverage. The Member acknowledges that she or he understands that Flexdrive has not opted to purchase such coverage and hereby also agrees that such coverage is not available under the insurance provided by Flexdrive. In Washington, D.C., insurance companies are required to make Personal Injury Protection (PIP) coverage available as an optional coverage. The Member acknowledges that she or he understands that Flexdrive has not opted to purchase such coverage and hereby also agrees that such coverage is not available under the insurance provided by Flexdrive.

If the total amount of the injuries and/or third party property damage in an accident exceeds our coverage limits, Flexdrive members are responsible for any amount which exceeds the liability insurance provided by Flexdrive described above. Members should contact their insurance agent to assist in handling your responsibility for these amounts. Members engaging in prohibited uses of Fleet Cars may not be covered by the insurance provided by Flexdrive and are subject to immediate revocation of Membership privileges.

For any loss or damage to the Fleet Car that occurs during the Member’s rental, the member is responsible for the cost of the repairs or other damage amount outlined in the Member fee schedule. This amount may vary with the Member's driving/membership plan and/or the type of Fleet Car used, Members who have had no accidents in the last 12 months may have the option to purchase a damage fee waiver to reduce the Member’s Fleet Car damage cost obligation or eliminate it altogether. The insurance we provide does not relieve you of your obligations with respect to the Fleet Car damage which occurs during the Member’s rental.

If Members have any questions or concerns about the insurance coverage Flexdrive provides and whether it works for the Member’s own personal situation, we encourage the Member to consult with an insurance agent.