TERMS AND CONDITIONS

car2go N.A., LLC and car2go Canada Ltd. (collectively, car2go) offer car-sharing memberships to individuals and authorized legal entities that have been pre-approved through an application process and registered as Members. For Members who use vehicles in the United States, these Terms and Conditions are a contract and govern the relationships, rights, and obligations between car2go N.A., LLC and the Member. For Members who use vehicles in Canada, these Terms and Conditions are a contract and govern the relationships, rights and obligations between car2go Canada Ltd. and the Member. A Member must agree to the Terms and Conditions before reserving and using a vehicle. The Terms and Conditions contain an indemnity provision in Section 14.4. Section 1 Definitions 1.1 Fee Schedule The then current fee schedule available at www.car2go.com. 1.2 Fixed Area of Operation If the trip is commenced in the United States, the predefined area identified by car2go at the time of the trip and a 200 mile radius outside the predefined area but never including any area not within the Home Area. If the trip is commenced in Canada, the predefined area identified by car2go at the time of the trip and a 200 kilometer radius outside the predefined area but never including any area not within the Home Area. 1.3 Loss Damage Waiver A loss damage waiver which, if offered by car2go and purchased by the Member, may reduce the deductible amount otherwise payable in the event the car2go insurance applies to an accident or other incident. A loss damage waiver is not insurance. 1.4 Home Area The area predefined by car2go as the exclusive area for commencement and termination of a Trip Period. A map of the current Home Area is available at www.car2go.com. 1.5 Member A person approved through an application process and registered as an authorized car2go user and who has agreed to these Terms and Conditions and all Schedules. 1.6 Parking Rules car2gos parking rules applicable to the Home Area, available at www.car2go.com. 1.7 Privacy Policy car2gos privacy policy, available at www.car2go.com.

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1.8

Trip Period The span of time beginning when a Member commences a trip pursuant to Section 5 below and ending when the trip is ended pursuant to Section 6 below.

1.9

Trip Process car2gos Trip Process documentation, available at www.car2go.com.

1.10

Schedules All the schedules to these Terms and Conditions, including the Fee Schedule, Trip Process, Privacy Policy, incident report forms, member applications, applicable consent forms, User Guide, parental consent forms, and Parking Rules available at www.car2go.com.

1.11

Service Center The car2go assistance, monitoring and reporting service provided in connection with the operation of a vehicle.

1.12

Terms and Conditions These membership terms and conditions including its Schedules, whether made available in print or electronically through car2gos website, and periodic guidelines, rules or restrictions issued by car2go from time to time.

1.13

Usage Statement A summary of all fees assessed to a Members account by car2go, generated on a regular basis, and made available at www.car2go.com.

1.14

Valid Drivers License A drivers license that authorizes the person to whom it is issued to operate a vehicle in the jurisdiction where he or she uses the vehicle and who meets all of the conditions, restrictions or other requirements contained therein.

Section 2 Terms of Use 2.1 These Terms and Conditions are a car-sharing membership contract, but do not confer any right to use car2go vehicles. Members may use car2go vehicles, to the extent available, only in accordance with these Terms and Conditions. The Member represents and warrants to car2go that he/she has received these Terms and Conditions, the associated Trip Process terms, and all reasonable explanations concerning the content of these documents, including all Schedules, and has carefully reviewed and accepted Member commitments and obligations thereunder.

2.2

Section 3 Drive Authorization 3.1 The only individuals authorized to drive vehicles are those who: a) are Members as defined in Section 1.5;
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b) hold and carry during every trip a Valid Drivers License and are otherwise legally permitted to operate the vehicle in the jurisdictions in which the vehicle will be operated; c) in the opinion of car2go, possess an adequate driving record including, without limiting the generality of the foregoing, that none of the following appear on the individuals driving record: (i) (ii) a currently suspended, revoked, expired or surrendered license; convictions for any driving-related offences under any federal, state or provincial, criminal or other laws including (a) careless or dangerous driving, and (b) driving under the influence, driving while intoxicated or driving while impaired, or (c) possession of a stolen vehicle, the unauthorized use of a vehicle, or the use of a vehicle in the commission of a crime; three or more moving violations within the past 36 months; failure to report an accident or leaving the scene of an accident; and a material number of demerit points, determined in car2gos sole discretion.

(iii) (iv) (v)

d) 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 vehicle will be operated; e) f) are at least 18 years of age, unless otherwise agreed to by contract; have a valid membership card in accordance with Section 4;

g) are of sound mind and memory and have not used any drugs, imbibed any alcohol or taken any medication that could adversely affect their ability to drive (for alcohol and drugs (whether legally prohibited, prescribed or otherwise) a zero-tolerance policy is adopted and a limit of 0.0% applies); h) have selected a method of payment in the car2go internet portal and have registered the corresponding data or other drivers who are authorized to drive at the expense of such Member; and i) prior to using a vehicle, have familiarized themselves with the car2go parking procedures and of the locations of designated car2go parkspots for each location they wish to drive within, all of which are available at www.car2go.com as may be updated from time to time (it is the Members sole responsibility to determine such procedures and requirements).

If any of the circumstances described in Section 3.1(c) occur, or if any demerit points are added to the individuals driving record after an application for membership has been approved by car2go, the Member must notify car2go immediately. Such Members account may, in car2gos sole discretion, be suspended until such time as car2go receives an updated copy of the Members driving record and has verified the Members driving history to be satisfactory.

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By applying for membership, an applicant authorizes car2go to check the applicants driving history, driving record and/or driving abstract to determine if membership criteria are met. car2go may, but has no obligation to, check an applicants or a members driving history, driving record, and/or driving abstract by searching relevant government and other available records. car2go may also, from time to time, request that Members obtain and provide to car2go (at the Members sole expense) a current driving record from the applicable governmental authority for the purpose of verifying such Members compliance with these Terms and Conditions. The suspension, revocation, expiry, surrender or loss of a Members drivers license shall result in the immediate revocation of drive authorization and Member status. In the event a Member is involved in an automobile accident where he/she is the operator of one of the involved automobiles, whether involving a car2go vehicle or otherwise, such Member shall, a) immediately inform car2go and car2go may, but shall have no obligation to, obtain an updated copy of the Members driving record from the applicable governmental authority, or

3.3

b) if the Members driving record is maintained in any jurisdiction (including Alberta, Canada) in which car2go is not able to obtain an abstract of the Members driving record, within 10 days of the accident, obtain and provide to car2go (at Members sole expense) an updated copy of the Members driving record from the applicable governmental authority, for the purpose of verifying such Members compliance with these Terms and Conditions. Such Members account will be suspended until such time as car2go receives an updated copy of the Members driving record and has verified the Members driving history to be satisfactory, in car2gos sole discretion. 3.4 All Members are strictly prohibited from permitting third parties unauthorized by car2go to drive car2go vehicles. Unauthorized third parties include a third-party Member who is not a driver of record for the Trip Period. For each violation of this prohibition, the Member shall pay liquidated damages in the amount of $1,500 (in the national currency of the Home Area) per violation. car2go reserves the right to claim further damages.

Section 4 Means of Access 4.1 4.2 Members will have a RFID chip embedded into their membership cards. This enables the Member to access car2go vehicles. The membership card and associated RFID chip remains the property of car2go. Removing the chip from the membership card will destroy its electronic function. Separating the chip in any way from the membership card is prohibited. Any violations of this provision shall result in the immediate revocation of drive authorization and Member status. Any use of information technology in an attempt to read, copy or manipulate the RFID chip is prohibited. Any violations of this provision shall result in the immediate revocation of drive authorization and Member status. The Member shall bear the costs of any damage that may potentially result from such violation.

4.3

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4.4

Members must immediately report the loss of a membership card to car2go (via the internet portal or by telephone to the Service Center), so that car2go can deactivate the RFID chip and prevent any improper use. The Member will be informed of such deactivation via email to the e-mail address provided by the Member at the time of registration. Members shall pay a fee, as determined by car2go, for the replacement of lost or damaged RFID chips or membership cards assigned to the Member. The fee is provided in the Fee Schedule. Members shall be responsible for all damages resulting from loss of a membership card, including but not limited to, theft, damage or improper use of a vehicle.

4.5

Section 5 Reservation and Commencement of Trip Period 5.1 Members may reserve vehicles up to 15 minutes prior to commencing the trip through a car2go App, online at the car2go website or by phone (additional reservation methods may be made available in the future). car2go retains the right to refuse advance booking if the number of available vehicles is not sufficient to fulfill all reservation requests. car2go may confirm a reservation via instant text message. Members should note that cell phone providers may charge a fee for receiving text messages. Members should contact their cell phone providers for any fees associated with receipt of text messages. car2go is not responsible for any fees assessed by the Members cell phone provider for receipt of text messages. A vehicle may not be reserved or used for more than four consecutive days. If a Trip Period exceeds four consecutive days, the Trip Period will be terminated by car2go and the Member will incur penalties and a manual per-day charge, as specified in the Fee Schedule, until the vehicle is returned to the Home Area and the trip is ended in accordance with procedures of Section 6 below. car2go further reserves the right to process payment for any used minutes after expiration of two days, even if the Trip Period has not been terminated. If payment is rejected or otherwise unauthorized, car2go retains the right to repossess the vehicle from its then current location and the Member will assume all associated costs. Reservations may be cancelled up to 15 minutes before the reservation time without charge. Any reservation cancelled less than 15 minutes before reservation time may result in a charge in accordance with the Fee Schedule. Members may also choose to locate an available vehicle in any area and commence a trip spontaneously, without a prior reservation. Such spontaneous use is possible only for those car2go vehicles that are marked available as evidenced by a green status light and whose card reader displays a corresponding available notice. Before operating a vehicle, Members must assess the interior and exterior of the vehicle for any visible defects, damages or excessive soiling, and must notify car2go of any observed defects, damages or problems to or with the vehicle itself or with any installed technology including car2go installed screens, pursuant to the car2go Trip Process. A telephone connection between the vehicle and the Service Center will be established to ascertain the nature and seriousness of any reported defects, damages and/or soiling. The Member must make complete and truthful statements. The Service Center is entitled to prohibit the Member from using the car2go vehicle if the reported defects, damages or soiling is deemed a safety hazard. A Members failure to report any deficiency when initiating vehicle use can result in that Member being held responsible for the repair or cleaning of the vehicle.

5.2

5.3

5.4

5.5

5.6

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If the Member-reported observations result in the vehicle being deemed inoperable, the Member will be assigned a different vehicle within walking distance. If no vehicle is available, the Service Center may arrange a cab pick-up at the Members expense. car2go will depend on its Members to ensure vehicles are returned in a clean state. As a result, car2go cannot guarantee that a car2go vehicle will be clean and does not take responsibility for objects, if any, left in a vehicle by any previous driver or individual. The Service Center may contact the Member by telephone in the event of disruptions to the normal course of use (including, but not limited to, failure to commence a trip within a 30minute period after the vehicle is reserved; or if the vehicle is parked for 15 minutes or more without having been locked) in order to establish the cause of the disruption to the normal course of use. The incoming call is directed to the Members cell phone. The Service Center may prohibit any continued use of the vehicle and/or notify the appropriate authorities if it has cause to suspect behavior violating any laws or these Terms and Conditions. The Trip Period is commenced as soon as the Member holds the RFID chip embedded in the membership card to the card reader installed in the windshield area, and the onboard computer has confirmed receipt of the information stored on the electronic key by unlocking the central locking system. The Trip Period ends upon the termination of the trip by the Member with due care, in accordance with Section 6 below. During the Trip Period, use of a vehicle outside the Fixed Area of Operation is prohibited. Access to the Service Center may be limited when a Member travels outside of the Fixed Area of Operation. At no time shall a Member permit a vehicle to cross a national border or leave the country in which the Trip Period was commenced. If a vehicle is driven outside the Fixed Area of Operation, the Member will be personally responsible for costs associated with returning the vehicle to the Home Area, including, but not limited to, costs associated with vehicle repair, motor-vehicle accidents or collisions and towing services. The Member responsible for such vehicle will continue to incur charges until the vehicle is returned to the Home Area. At its sole discretion, car2go reserves the right to repossess any car2go vehicle operating outside the Fixed Area of Operation at any time during or after the Trip Period.

5.8

5.9

5.10

5.11 5.12

Section 6 End of Trip 6.1 When the Member wishes to end a trip, the Member must: a) park the vehicle, at his/her choice, in a parking spot within an area designated and marked as a car2go car-sharing parking spot or in another parking space for passenger vehicles authorized by car2go. The Member is required to return the vehicle and end the trip according to the Parking Rules available at www.car2go.com. The Member will be personally responsible for any traffic, moving or parking violation citations issued for failure to comply with traffic rules or other laws and any highway or bridge toll charges levied against the vehicle related to the trip. Pursuant to the current Fee Schedule, Members may be charged a penalty and/or processing fee for citations;

b) ensure that the key, fuel card and, if applicable, parking card have been returned to holders in the vehicle;
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c)

ensure that all windows and doors are fully closed and that all lights have been turned off; and

d) ensure that no trash or soiling remains in the vehicle. 6.2 The trip may be ended only if the vehicle is located within the Home Area. The exact boundaries are shown at all times at www.car2go.com. A trip may only be commenced and ended within the Home Area. The trip may be ended only if, at the location at which the vehicle is parked, a connection with a cell phone can be established. If this is not possible, the Member will have to park the car2go vehicle at another car2go authorized location. The end of the trip is initiated by the Member holding the membership card with a valid RFID chip to the vehicle once again (card reader in the windshield area). The trip is ended only if the display unit of the card reader has correspondingly confirmed this. If the Member leaves the vehicle before receiving confirmation that the Trip Period has ended, the Member shall continue to accrue costs at his/her own expense. Failure to return the vehicle in accordance with these Terms and Conditions, may result in liability or criminal sanctions. For Members whose trips commence in the District of Columbia, such liability may include incarceration for a period of up to three years.

6.3

6.4

6.5

Section 7 Settlement Account, Use Authorization Across Accounts 7.1 7.2 To enable the use of the vehicle the Member must select a payment method on the internet portal and provide the corresponding data. Members authorizing other Members (an authorized Member being an Authorized Driver) to charge a trip to the Members settlement account shall be responsible for all fees and costs resulting from such Authorized Drivers use, including charges and fees in accordance with the Fee Schedule. Members and Authorized Drivers shall also be jointly and severally responsible for any damages caused by the Authorized Driver, and car2gos loss of vehicle use in cases of accidents, vehicles being impounded, and improper use resulting in a vehicle being out of service. Members shall accept declarations and notices from car2go on behalf of the Authorized Driver. Members may select a fee model from the options offered by car2go. Trips shall always be settled according to the fee model selected for the settlement account that is responsible for fees incurred (regardless of who initiated the trip).

7.3

Section 8 Prices and Payments in Default 8.1 Members must pay the prices applicable for vehicle trips as set out in the Fee Schedule. The fee structures and prices have been set out in the Fee Schedule and include reference to community and venue taxes applicable in certain jurisdictions. All fees begin to accrue upon the commencement of the Trip Period and are payable in full at the end of the Trip Period. If the vehicle is not operational although a green status light indicated that it was available, the Member will not be charged.

8.2

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Payments shall be made by credit card. The Member account from which the amount is to be collected shall have sufficient funds available to cover any charges. The Member is solely responsible for any associated credit card charges or fees. car2go may, from time to time, issue time credits to Members to be used toward future trips. Any such time credits shall not have monetary value and will expire on the date(s) noted in the Members account page. If the Member defaults on any payments, car2go may charge reminder fees and default interest in accordance with the provisions of applicable law, which in any event shall not exceed 30% per annum. Under California Civil Code Section 1789.3, residents in the State of California in the United States are entitled to the following specific consumer rights information: a) Pricing Information. Current rates for our services may be obtained by calling car2go at (877) 488-4224 or writing to us at 1717 W. 6th Street, Suite 425, Austin, Texas 78703. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees, or to institute new fees at any time as provided in these Terms and Conditions.

8.4

8.5

8.6

b) Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Section 9 Obligations of Members, Prohibitions 9.1 The Member shall: a) handle the vehicle gently and with care, and in particular observe the stipulations of the manufacturers manual and the break-in rules, and adhere to applicable maximum and minimum speeds, as local speed limits and weather conditions permit.

b) immediately inform the Service Center of any instances of major soiling, accident or damage to the vehicle resulting from force or accident, followed by reporting to police if required (the Service Center can be contacted free of charge by telephone using the telephone function installed in each vehicle). At the request of car2go or its insurer, the Member must transmit to car2go a copy of any citation report or other documents related to the accident and in the Members possession; c) secure the vehicle against theft (windows must be closed and central locking system enabled);

d) ensure that the vehicle is used only in a state in which it is roadworthy and reliable; e) comply with all legal obligations in connection with the operation of the vehicle to the extent such obligations are not borne by car2go by reason of these Terms and Conditions; return the vehicle in accordance with the Parking Rules;

f)

g) notify car2go of any tickets and/or warnings for traffic or driving offences received while operating a vehicle or during a Trip Period;
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h) keep any password and/or PINs in strict confidence and not make passwords or PINs available to third parties, including noting passwords or PINs on or near the membership card. At no time should a password or PIN be recorded in written or electronic form. If a password or PIN is recorded in written or electronic form, the Member must pay for any associated costs and/or damages arising from unauthorized use by third parties. If a Member has reason to believe a third party may have obtained unauthorized knowledge of a password or PIN, the Member must change the compromised password or PIN; and i) 9.2 permit car2go to record telephone conversations in connection with membership, in order to clear up legal issues and/or to improve the quality of its vehicles and services.

The Member shall not: a) use the vehicle while under the influence of alcohol, drugs or medication that could adversely impact his/her ability to drive; drinking alcohol and driving is strictly prohibited (for alcohol and drugs (whether legally prohibited, prescribed or otherwise), a zero-tolerance policy is adopted and a limit of 0.0% applies);

b) allow third parties to drive a vehicle (including individuals who are themselves Members, but who did not initiate the current trip); c) use the fuel card to get gasoline for vehicles other than the vehicle to which the fuel card is assigned;

d) use the vehicle to drive off paved roadways or in motor sports events or races of any kind; e) f) engage in any distracting activity prohibited by applicable laws, rules or regulations and/or use any hand-held electronic device while operating the vehicle; use the vehicle for vehicle tests, driving classes or to transport individuals as part of a commercial business;

g) use the vehicle to transport flammable, poisonous or otherwise dangerous goods for other than household use and in amounts greater than what is usually consumed in a household; h) transport objects with the vehicle that could due to their size, shape or weight adversely impact the vehicles handling safety or that could damage the interior of the vehicle; i) j) use the vehicle in the commission of a crime; smoke or use tobacco products in the vehicle, or allow passengers to smoke or use tobacco products in the vehicle;

k) with the exception of guide animals accompanying a Member or passenger with a disability (which guide animals must be stored in an appropriate animal carrier), take animals into the vehicle; l) excessively soil the vehicle or leave trash of any kind in the vehicle;
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m) remove objects that are attached to the vehicle or form part of the vehicles equipment; n) permit more than two individuals to sit in the vehicle; o) personally perform or authorize repairs or any conversions on or to the vehicle; p) use the vehicle in an imprudent, negligent or abusive manner, or in any other manner deemed inappropriate by car2go, in its sole discretion; q) use the vehicle to propel or tow any vehicle, trailer or other object; or r) 9.3 use the vehicle to carry persons or property for hire.

In the interests of all Members and the general public, the Members style of driving should be suited to improving fuel economy.

Section 10 Actions in the Event of Accidents, Damages, Defects, Repairs 10.1 The Member is solely responsible for all damage to a vehicle (including major soiling) incurred during the Trip Period. If damage to the vehicle is reported, the last Member responsible for use of the vehicle shall be presumed to have caused and shall be liable for the damage absent evidence to the contrary, as may be determined by car2go in its sole discretion. The Member must report accidents, defects or damage to the vehicle resulting from force or accident to the Service Center, followed by reporting to police if required (the Service Center can be contacted free of charge by telephone using the telephone function installed in each vehicle). If the police attend to the scene of an accident involving the vehicle, the Member must remain at the accident site until the police have finished making a record of the accident and must take reasonable measures to conserve evidence and mitigate any damages. If the police do not attend at the accident site, the Member must report the accident to the nearest collision reporting center if required. In the event of an accident, the Member shall not acknowledge his or her culpability, shall not accept or admit any liability, and shall not make any similar declaration. The vehicle that has been in the accident may be parked only in an area that is sufficiently supervised and safe. Members shall fill out an incident report form in the event of an accident, injury, or other incident. In all cases, car2go is entitled to any compensation of damages paid in connection with damages to a vehicle. Should such funds have been paid to the Member, the Member must transfer such funds to car2go. The Member is solely responsible for the consequences of traffic offences or criminal acts that are established to have been perpetrated in connection with use of the vehicle, and shall be responsible to car2go for any fees and costs car2go may incur in connection with same. In such events, car2go is under obligation to and may provide the name of the Member to the appropriate authorities. Should car2go so demand, the Member must immediately provide information on the location of the vehicle and to enable inspection by car2go or other third parties designated by car2go.
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10.2

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Section 11 Termination, Ending of Trip Period 11.1 car2go shall be entitled to terminate membership and/or driving privileges immediately if the Member: a) defaults on payments that are due;

b) ceases to make payments in general; c) has made incorrect statements or has failed to disclose circumstances in the course of the relationship;

d) fails to maintain a driving record in compliance with the requirements of Section 3.1(c); e) f) fails to comply with any car2go rules or polices relating to operation of a vehicle; no longer possess a Valid Drivers License; or

g) does not cease and desist from material violations of these Terms and Conditions in spite of having been asked to do so in writing, or does not immediately remedy the consequences of such violations. 11.2 11.3 Notwithstanding the foregoing, car2go may suspend or terminate membership and/or driving privileges at any time and for any reason whatsoever, in car2gos sole discretion. If a membership is terminated in accordance with the above paragraphs, car2go: a) may have the vehicle returned immediately upon termination of the membership. If the Member fails to immediately return the vehicle, car2go may take possession of the vehicle at the Members expense;

b) is entitled to payment of any fees and/or associated costs until the vehicle is returned; and c) is entitled to compensation of damages. By way of compensating its damages, car2go will invoice the Member for specific damages resulting from the non-fulfillment of any provision of these Terms and Conditions.

11.4

car2go or the Member may terminate the agreement evidenced by these Terms and Conditions with or without cause at any time by providing written notice to the nonterminating party. Notwithstanding any termination, the Member will remain responsible for all charges, including account balances, registration fees and any damages and penalties incurred as of the date of termination or upon discovery by car2go. Cancellation Policy - Members will only be able to obtain refunds for membership fees pursuant to their rights under applicable consumer protection legislation or at car2gos discretion.

11.5

Section 12 Insurance and Member Responsibility (INCLUDING DEDUCTIBLE) 12.1 car2go complies with applicable motor vehicle financial responsibility laws by obtaining insurance coverage for the benefit of qualifying Members. The Member (and any other
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person authorized by car2go to drive the vehicle) qualifies as an insured under car2go insurance only if the Member (or other car2go authorized driver) complies these Terms and Conditions, including using the vehicle in compliance with these Terms and Conditions and the Member (or other car2go authorized driver) being 18 years of age or older (or as otherwise agreed by contract). The car2go insurance does not cover a Member (or any other driver or vehicle occupant) if the vehicle is used in violation of these Terms and Conditions, or if the Member (or other driver) has violated these Terms and Conditions, or if the Member (or other car2go authorized driver) is not 18 years of age or older (unless otherwise agreed by contract). The car2go insurance provides to qualifying Members (and other car2go authorized drivers) insurance as follows: (a) liability insurance coverage for bodily injury and property image to a maximum limit of $100,000 per person/$300,000 per accident; (b) basic no-fault benefits if the applicable state or province has adopted a no-fault statute; and (c) uninsured motorist bodily injury coverage with a coverage limit equal to the lesser of: the statutory minimum financial responsibility limits for the applicable state or province and the minimum limits of uninsured motorist coverage defined by the laws of any applicable state or province. No other insurance is provided by car2go. USE OF A VEHICLE IN VIOLATION OF THESE TERMS & CONDITIONS IS WITHOUT CAR2GOS PERMISSION, VIOLATES THE AGREEMENT BETWEEN MEMBER AND CAR2GO, AND DISQUALIFIES MEMBER AND ANY DRIVER FROM CAR2GO INSURANCE COVERAGE, AND FROM LOSS DAMAGE WAIVER, WHERE PERMITTED BY LAW. 12.2 The terms of insurance provided by car2go in accordance with Section 12.1, and the coverage limit per accident applicable therein, vary by jurisdiction. Summary information about minimum insurance coverage levels for the jurisdictions in which car2go operates is available at www.car2go.com or by contacting the applicable insurance commissioner or government authority. MEMBER DEDECUTIBLE OBLIGATIONS: Unless the member has obtained a loss damage waiver (if available and as more particularly described at Section 13), the Member will be responsible for a deductible of $1,000 (in the national currency of the Home Area) if any accident occurs or damage is suffered by reason of the fault of the Member (or other driver of the vehicle), fault for any accident or damage cannot be determined, or damages for any accident or loss cannot be recovered from a third party. MEMBER FINANCIAL RESPONSIBILITY: In circumstances where the car2go insurance does not apply, such as where the vehicle is used in violation of these Terms & Conditions, or for other reasons, the Member is liable for the entire cost of the vehicle replacement or repair and for any and all claims of any kind made by third parties, including those made against car2go, and for the defense from and indemnity for such claims. There are laws that require vehicle operators to maintain insurance coverage for liability to third parties. Members are advised to seek other insurance protection for claims not covered by car2go insurance. ADDITIONAL MEMBER FINANCIAL RESPONSIBILITY: If at any time it appears that claim losses exceed the limit(s) of insurance provided by car2go as described at Section 12.1, car2go will not be liable for such excess amounts. car2go may notify the Members insurance carriers of liability claims. If the losses exceed the insurance coverage applicable to the Member, the Member will be personally liable for the excess amount of any losses.

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car2go is not responsible for any damage to, or loss or theft of, any personal property, whether the damage or theft occurs during or after termination of the Trip Period regardless of fault or negligence.

Section 13 Loss Damage Waiver 13.1 Members may enjoy reduced deductible obligations from those set out at Section 12 if, at the time of an accident or other incident to which car2go insurance applies, the Member is a subscriber of car2gos Loss Damage Waiver, if offered by car2go, and has duly completed such documents or acknowledged their agreement to such forms as car2go may require. The Loss Damage Waiver may be offered by car2go alone or in combination with other services and benefits. The Loss Damage Waiver is not insurance and does not modify the terms of insurance provided by car2go for the benefit of the Member or those of their own personal insurance policies. If offered by car2go, the Loss Damage Waiver is provided by an automatic-renewal monthly subscription fee on a non-refundable basis, cancellable by the Member at any time. Loss Damage Waivers will not apply in any circumstance where insurance provided under these Terms of Service is not available or where the Member violates these Terms of Service. Full terms and conditions are available at www.car2go.com.

13.2

Section 14 Liability of the Member, Liquidated Damages, Exclusion 14.1 The Member shall be responsible to car2go for theft, damages to, or the loss of, the vehicle, car2gos loss of vehicle use in cases of accidents, vehicles being impounded, and improper use resulting in a vehicle being out of service, and for damages suffered by a third party. The Member shall fully compensate car2go for such damages and losses, provided they were caused by the Member or by actions of a third party that are to be attributed to the Member. Furthermore, the Member shall be responsible to car2go for the full amount of damages if the vehicle has been damaged or lost or if a third party has suffered damages by the fact that the Member or third parties for whom the Member is responsible have culpably violated these Terms and Conditions or the stipulations of applicable law and have thus adversely impacted insurance coverage. If an uninsured Member is liable, the Member shall indemnify and hold harmless car2go against any claims by third parties. The Member must pay liquidated damages in the amount of $1,500 (in the national currency of the Home Area) per violation if he or she has permitted an unauthorized person to drive the vehicle. car2go reserves the right to claim further damages. In such event, the liquidated damages will be offset against any amount owed by car2go to the Member. In the event of violations of these Terms and Conditions, including, but not limited to, any default on payments, car2go may exclude, with immediate effect, the Member from the use of the vehicle and may deactivate the access means (RFID chip); this exclusion may be temporary or permanent and is in car2gos sole discretion. The Member will be informed of his/her exclusion by e-mail.

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INDEMNIFICATION BY MEMBER THE MEMBER SHALL INDEMNIFY AND HOLD CAR2GO, ITS PARENT AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, LAWYERS, ASSIGNS AND SUCCESSORS-IN-INTEREST, HARMLESS FOR ALL LOSSES, LIABILITIES, DAMAGES, INJURIES, CLAIMS, DEMANDS, COSTS, LEGAL FEES, AND OTHER EXPENSES
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INCURRED BY CAR2GO IN ANY MANNER FROM THE CAR2GO CARSHARING PROGRAM AND BASED UPON THE MEMBERS NONCOMPLIANCE WITH THESE TERMS AND CONDITIONS, OR FROM THE USE OF THE VEHICLE BY THE MEMBER OR ANY OTHER PERSON, INCLUDING CLAIMS OF, OR LIABILITIES TO, THIRD PARTIES. THE MEMBER MAY PRESENT A CLAIM TO THE MEMBERS INSURANCE CARRIER FOR SUCH EVENTS OR LOSSES; BUT IN ANY EVENT, THE MEMBER SHALL HAVE FINAL RESPONSIBILITY TO CAR2GO FOR ALL SUCH LOSSES. THIS OBLIGATION MAY BE LIMITED TO THE EXTENT CAR2GOS MINIMUM FINANCIAL RESPONSIBILITY COVERAGE APPLIES.
Section 15 Data Protection 15.1 car2go collects, stores, and uses the Members personal information as that term is defined in the Privacy Policy, including the usage and vehicle data as they relate to the Member, to the extent this is necessary for the purpose of implementing these Terms and Conditions and the Member relationship and in accordance with the Privacy Policy. Should third-party services be used, car2go is entitled to forward to the third-party service provider the Members personal information, to the extent this is required in order to fulfill membership or use requirements, in accordance with the Privacy Policy. Trip Periods shall be itemized in a statement and made available to Members via private web portal access at www.car2go.com. The statement will include the trip commencement time, point of departure and termination, the duration of the trip, distance driven and associated costs. Should a Member have his/her trips charged to the settlement account of a different Member, this information shall be itemized on the statement with reference to the applicable Member. car2go shall implement and maintain reasonable procedures for protecting personal information in compliance with applicable law and the Privacy Policy.

15.2

15.3

15.4

Section 16 General 16.1 Fees and Refund Policy - Fees for use of vehicles are incurred as provided in these Terms and Conditions, the Trip Process terms and the Fee Schedule. Daily trip history and fees assessed by car2go to a Members account can be viewed by accessing Member account information at www.car2go.com. car2go will also generate usage statements summarizing fees assessed to a Member. The usage statements can also be viewed and downloaded by accessing Member account information at www.car2go.com. Members are on notice of all fees assessed at the time the usage statement is available at www.car2go.com. Any request for refund of fees assessed to a Members account must be received within 14 days of the date the usage statement is available at www.car2go.com. Refunds are subject to review and approval on a case-by-case basis at car2gos sole discretion. No portion of the registration fee shall be refunded. 16.2 Choice of Law - All items and conditions of these Terms and Conditions shall be interpreted, construed and enforced pursuant to the laws of province or state in which the vehicle is located at the commencement of the Trip Period.
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16.3

Conflicts - In the event of any conflict between these Terms and Conditions and any other document with respect to the car2go car-sharing program, including the Trip Process, these Terms and Conditions shall govern except as otherwise set forth by car2go in writing. User Guide, Parental Consent Forms, Application - These Terms and Conditions, together with the User Guide, Trip Process terms, member application and any applicable consent forms constitute the entire agreement between the Member and car2go and will become a binding agreement between the Member upon acceptance by the Member. Should any individual terms or provisions in these Terms and Conditions become ineffective, this shall not impact the effectiveness of the remaining terms of these Terms and Conditions. No Third-Party Beneficiaries - This Agreement is intended for the benefit of Member and car2go and no other party may claim rights hereunder, whether as a third-party beneficiary or otherwise. Acknowledgement - At the option of car2go, Members may be required to re-acknowledge receipt and acceptance of the membership Terms and Conditions on a touchscreen in the vehicle before commencing a Trip Period. Modifications The current version of these Terms and Conditions is available at www.car2go.com. car2go reserves the right to amend, supplement or replace these Terms and Conditions, from time to time and shall give notice of such changes in a timely manner. Notice to the Members shall be considered given when such notice is indicated and accessible from the first page accessed after the Member log-on to the car2go website or by email to the Members address provided to car2go. Member agrees that all modifications shall be effective and binding on the earlier of (1) the effective date indicated in the notice; or (2) on the date posted on the car2go website. Any modifications are deemed approved by the Member unless written notice of objection is received in writing by car2go within 14 days of the modification. Any notice of objection is deemed effective upon written confirmation of receipt from car2go to the Member. By making a reservation after receiving notice of any modifications to the Terms and Conditions, Member assents to and will be bound by such changes to the Terms and Conditions. Questions - Comments or questions regarding these Terms and Conditions should be directed to car2go. Visit www.car2go.com for available methods of contact.

16.4

16.5

16.6

16.7

16.8

These Terms and Conditions are effective November 26, 2012.

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