All About WhipEV and the Benefits
What is WhipEV?
So glad you asked! WhipEV is car sharing redefined. Luxury. Electric. Exclusive. A fleet of brand-new Teslas for exclusive use of your building’s residents. Reserve, unlock, and drive from the convenience of your mobile phone.
What are the benefits of being a WhipEV member?
Access to brand new Teslas
Reserved parking & Free charging
Insurance & Maintenance included
High quality and regular detailing of the vehicles
At least three weekly COVID19 sanitizations following CDC guidlines
I already own a car. How can WhipEV help me?
What kind of environmental impact does WhipEV have?
Using the WhipEV App
How do I book my trip in a Tesla?
Your account is approved
You got the code from your leasing office and selected your building
Never share this code
Open the WhipEV app and press the "Book" button
Select the date and times for your trip
Pick one of the available cars at your building
Your trip will be confirmed in the App and via email. It's that easy!
How do I add a payment method?
How do I report damage to a vehicle?
Report any damage easily via the App before your reservation starts. Even if there is no damage, we recommend always taking pictures at the start and end of your trip.
How do I extend my trip?
How do I end my trip?
Park WhipEV Tesla in its reserved spot
Open charging port on rear driver's side of vehicle (button on left of infotainment screen)
Plug in cable to charge port
Check car for any trash or belongings you may have left behind and remove them to avoid any cleaning fees
Shut the door
Open your active trip in WhipEV app, select "END BOOKING" and follow the prompts to successfully close out your rental. This command from the app will also lock the doors.
Why is the app preventing me from ending my trip?
So you're trying to end your trip, but the app is showing you this message:
How long should I make a reservation for?
As long as you need (up to 5 hours)! It's important to be mindful of the users who plan to use the car after your trip. The best way to approaching creating a trip with us is to always account for the potential unexpected delays.
How do I prevent impacting my neighbors trips when I am booking a car?
Proper trip planning is key to preventing impacting your neighbors plans to use the Tesla share. We do our best to create a brief buffer between reservations to allow for the vehicle to charge between trips, but a best practice is usually to add about 15 minutes to the amount of time you think you'll need with the car. It will give you peace of mind knowing you won't be late, and you'll be less likely to leave your neighbor with a low charge.
How do I book the car in a way that avoids being impacted from a neighbor who's running late?
Pro Tip: Book the vehicle that has more time available. You can check before you book! Instead of booking the car at the hour you need it for, first check to see if it's also available for the whole previous hour!
Example: You want to use the car from 12 PM to 4 PM. Check that time frame fist to see what's available. Then check to see if the car you want is available from 11 AM to 4 PM. If the system shows that the car isn't available for that hour before you want, it means someone else is using the car at that time. Go for whichever vehicle has more time available.
How do I add my building location?
Insurance, Damage, and Emergencies
What's the insurance coverage?
Will my credit card cover the damage fee?
Maybe, some credit cards do offer (CDW) Collision Damage Waiver. See the details of your specific credit card for further details.
Can I use my personal driver insurance?
Your insurance coverage may offer a lower deductible in the event that you are at fault in an accident with a WhipEV Tesla. In that case, your insurance would act as the primary insurance on the vehicle.
What to do in case of emergencies: Car Accident/Dead Battery/Flat Tire/Etc.
Am I eligible to be a WhipEV member?
To be eligible, you must:
Be a current resident of a WhipEV affiliate property
Be at least 25 years or older and have a valid driver's license issued in U.S.
Meet the eligibility requirements in the Member Agreement
Download the WhipEV App and apply.
Accept the Member Agreement Terms and Conditions
How do I sign up?
Steps to signing up:
Download the WhipEV app
Create an account with your email, full name, phone number, and a password.
Activate your account with the 4 digit code you will get via text and email
Upload front and back photos of your driver's license, a selfie, and a valid major credit card in your name.
Please allow up to 48 hours for your applicatino to be processed.
Once approved, please use the building code you received from your property's management office.
How much does it cost?
Our introductory rate of $19 per hour includes insurance, parking, charging, maintenance, and professional detailing and sanitization at least three times a week. Same rate applies to our AWD, long-range Model 3s and Ys.
How much mileage is included?
Reservations include 200 miles of driving per 24-hour period. Mileage driven above 200 miles will incur a $0.45/mile surcharge per mile plus applicable taxes.
What forms of payment do you accept?
We accept all major credit and debit cards. We do not accept prepaid cards.
How long am I allowed to have the car?
During the introductory period, we will limit the maximum trip time to 5 hours to allow all residents the opportunity to experience WhipEV.
Is charging included?
Yes! Please always plug in and leave the cars charging for your neighbors' next trip.
Charging is easy too! Simply bring the Tesla charging cable up to the charge port on rear driver side and press the circular button at the top of the connector; the charge port will automatically open. When unplugging the connector, the port will automatically close.
Driving a WhipEV Tesla
How do I charge a WhipEV Tesla?
If you have chosen to continue with a booking where the vehicle had a charge level below 25% at booking start, and charge the Tesla during your booking time, you will be eligible for driving credit. Please forward all relevant information to our customer service team at email@example.com
I've never driven a Tesla before. What are the basics I need to know?
Where should I return the vehicle?
Attempt to park next to the reserved space and try to attach the charging cable to the EV to keep the car charged for the next user.
If you did have to park in an alternate space at the Home Branch, please notify us at 1-8XX-XXX-XXXX or firstname.lastname@example.org
How do I turn on/off the WhipEV
Is there a key? How do I lock the car?
Where are all the buttons?! How do I work the wipers/mirrors/etc?
"Open the glove box"
Are the Tesla's self-driving?
Our Teslas have many automated safety features, but fully automated driving is not a feature our cars currently have. We ask that users engage their driving experience proactively to provide the safest and most fun car share trip .
Why was my account suspended? How do I get unsuspended?
Causing damage to car
Severe or repeated uncleanliness in the car
Reckless driving/moving violations
Habitual late returns
How do I get charges refunded?
WhipEV Hourly Rates
Our rates include charging, reserved parking at community, 200 allocated miles per every 24 hours of rental, insurance, maintenance, detailing, and an incredible driving experience!
What are your fees?
WhipEV Driver Etiquette
Report any issues with the car
While we service our cars frequently during the week, you may arrive at your booking to discover issues that developed since our most recent visit to the car. We ask that in those situations you would notify us by making note of it in the app when you begin your booking, or that you call us at 1 (855) 861-9290 so we can dispatch efforts to resolve the issue immediately.
If issues arise during your reservation we ask that you report those right away.
We can also be reached at email@example.com.
Just as WhipEV members share cars, WhipEV members are expected to share the road as well. Aggressive driving will generate safety alerts in our system which will be subject to review and potential action from our risk management team.
Return the car on time
Do your best to plan your trip accordingly so that you can end your trip at the designated time. If the app won't allow you to extend your reservation, it's likely because one of your neighbors has reserved the car for that time. Please be the best neighbor you can be and return the car on time to prevent your neighbors plans from being delayed.
Return the car clean
We clean our cars at least 3 times per week, and we provide sanitization supplies in the trunks of our vehicles in the event a user wishes to personally wipe down the touch points inside the car. We only ask that our members be courteous to their neighbors who use the cars by returning them as clean or cleaner than when they began their bookings.
Returning the car in an unclean state that impacts the neighbors who follow your reservation could result in a cleaning fee and potential account suspension
Return with at least 25% charge
Most car share trips tend to remain within a short distance from their home branch, but in the event that a user wants to drive a greater distance, they may need a higher charge to get there. Returning the car under the minimum 25% charge impacts the following member and may result in a low-battery fee.
● You will maintain a valid driver’s license while participating in the WhipEV Program;
● You will not permit non-Members to use the Vehicle that is rented by you and you will be financially responsible if other Members use the Vehicle that is reserved by you;
● You consent to a background check to verify your eligibility to participate in the WhipEV Program prior to and from time to time during your participation;
● You will not drive the Vehicle outside the United States;
● You will pay all fees (defined and described in Section 2 below) and any other amounts you owe under the WhipEV Program. We will charge those fees and other amounts to the payment method you provide and associate with your account;
● You can review the estimated reservation costs before confirming your reservation;
● To the extent permitted by law, the Vehicle maintains an active wireless connection and provides certain data to us. You consent to this connection and to our collection, use, and sharing of data describing the Vehicle and how you are operating it, including data describing Vehicle location, as described in our Privacy Statement;
● You are responsible for any loss of or damage to the Vehicle during your reservation that are caused by you or your passengers up to a Deductible (defined in Section 2) of $2,000.00 or up to full cost of damages if you have not complied with this Agreement;
● You will defend, indemnify and hold WhipEV and Suppliers (defined below in Section 1) harmless against any claims arising out of your participation in the WhipEV Program and use of a Vehicle.
1.2. WhipEV or our Vehicle supplier, as identified on the insurance document in the glove box compartment of the Vehicle (“Supplier”), owns the Vehicle. You acquire no ownership interest in any Vehicle or other items provided to you during your participation in the WhipEV Program.
1.3. We may add or remove Vehicles from the WhipEV Program in our sole discretion. We do not guarantee that any Vehicle will be available to you. Your right to use any Vehicle is subject to Vehicle availability, your continued eligibility, and to the terms of this Agreement.
1.4. We will require direct access to the Vehicle to contact the Vehicle directly if an emergency occurs or for other business reasons as permitted by law.
1.5. You can reserve a Vehicle through the WhipEV App following enrollment and approval of your eligibility.
1.6. The WhipEV App allows you to gain access to the Vehicle during the time of their reservation. When you book a reservation, you must select a time to start your reservation and the end time of your reservation.
1.7. When you book a reservation, we will pre-authorize, at the time of the reservation, a charge to your payment method on file in the amount of your estimated total usage fees (the “Pre-Authorization Charge”). If your payment method rejects this Pre-Authorization Charge, your reservation will be cancelled.
1.8. Before your reservation start-time, you will receive a message indicating that you can begin your Trip. Access to the Vehicle will be given once you begin your reservation. You must have the mobile device you used to create the reservation inside the Vehicle to drive. Your mobile device must be powered and fully functioning to access and start the Vehicle and to start and end your Trip.
1.9. You should return the Vehicle to the same location from where you picked it up, unless otherwise directed. Leaving the Vehicle somewhere other than where you picked it up may result in late fees or other charges.
2.2. All fees and charges plus applicable taxes and surcharges will be charged to the payment method you provide in the WhipEV App. Any credit or debit card you provide as your payment method must be linked to a financial institution in the U.S. or Canada. We do not accept prepaid credit, digital, or gift cards as a method of payment. This payment method must be your own credit or debit card issued to you and for you.
2.3. Usage fees. You agree to pay us usage fees per the then usage rate associated with the Vehicle you choose when you make the reservation plus applicable taxes, fees, and surcharges that are incurred in connection with use of the Vehicle associated with your account. Daily rates are based on a 24-hour period.
2.4. For rentals commencing in Colorado: A Colorado Road Safety fee @ $2.00 / day will be charged.
2.5. For rental commencing in New Jersey: A Domestic Security fee @ $5.00 / day will be charged.
2.6. Late fees. If you return the Vehicle later than the end reservation time, and to the extent permitted by law, a $50 late fee plus applicable taxes will be charged per hour besides the usage rate of the Vehicle unless you have reported the Vehicle as stolen. You must click “End Trip” in the WhipEV App upon returning the Vehicle and must return the Vehicle to the location where you picked it up as designated in the WhipEV App. Failure to do so may result in late fees. Subject to Vehicle availability, you may extend your reservation end time to avoid a late fee in the WhipEV App. You will be charged for the additional time if you choose to extend your reservation.
2.7. Mileage fees. You will have a 200-mile maximum driving distance per 24-hour day per reservation for hourly and daily Trips. For Trips driven above the maximum miles, you agree to pay $0.45 per mile plus applicable taxes.
2.8. EV Charging: Free charging is included at the pick up and drop off locations. You should never drive our EVs below 10% of the total battery capacity. A $500 fee plus applicable taxes will be charged if you drive the Vehicle to the point of completely exhausting the battery on the vehicle. Tesla supercharging is also available free of charge. Please do not use supercharging more than once during a week period.
2.9. Reservation changes. You can cancel or change your reservation at no charge up to 2 hours before your Trip is scheduled to begin. If you cancel or change your reservation after the 2 hours prior to your scheduled trip start, we reserve the right to charge you up to the full amount of the original reservation.
2.10. Tickets/violations fees. You are responsible for timely response to and for paying any parking tickets and moving violations incurred during your Trip. If we receive a notice and process a violation (including toll violations), you will be charged the ticket/violation fee and a $20 processing fee plus applicable taxes. This fee may be charged up to 90 days beyond your reservation. You understand and agree that, if WhipEV receives notifications by prosecution authorities of violations of laws, rules, and/or regulations allegedly committed with a Vehicle rented by you, WhipEV may provide your complete and accurate data (full name, date of birth, address) at the time of the alleged traffic rule violation to the respective prosecution authorities.
2.11. Tolls. You will be responsible for any tolls incurred while using the Vehicle though the Vehicle may have a toll pass. If your Vehicle has a toll pass, you will be charged the toll fee to the card you have on file and this charge may take place up to 90 days beyond your reservation depending on the timing of payment processing by certain tolling authorities. Tolls incurred may also be subject to a processing fee of up to $3.50 per instance.
2.12. For rentals commencing in Colorado: Pursuant to the requirements of C.R. S. 43-3-302 and C.R.S. 42-4-1209, You are liable for payment of any toll evasion violation civil penalties and any parking violation fines incurred during the term of the rental period. If such a penalty is incurred, your name, address, and state driver’s license number will be furnished to the toll road or toll highway company (for toll violations) or to the prosecutorial division of the appropriate jurisdiction (for parking violation fines).
2.13. For rentals commencing in Illinois: You are liable for payment of any toll evasion violation civil penalties and any parking violation fines incurred during the term of this rental period. If such a penalty is incurred, your name, address and state driver’s license number will be furnished to the toll road or toll highway company (for toll violations) or to the prosecutorial division of the appropriate jurisdiction (for parking violations fines).
2.14. Cleaning fee. You are to return the Vehicle in a clean condition for others to use. If found otherwise (for example, odor or residue from smoking, pet hairs, etc.) you will be charged up to $150 plus applicable taxes for cleaning fees.
2.15. Unauthorized driver. Only you are authorized to drive a Vehicle that you reserve and rent under this Agreement. Besides other rights and remedies we may have in this Agreement, if you allow for use of a Vehicle by someone who is not an authorized driver, you will be removed from the WhipEV Program.
2.16. Deductible. You are responsible for any loss or damage to the Vehicle you do not report prior to the start of your Trip. Document the condition of the Vehicle by taking photos of the vehicle in the WhipEV App at the start and end of your trips. You agree that we may charge you a fee of up to $2,000 plus any taxes as a deductible (“Deductible”) for any damage or loss during a Trip.
If the Vehicle is used in accordance with this Agreement and otherwise safely, you will not be charged for any damage to the Vehicle beyond the Deductible. However, if you violate this Agreement or otherwise operate the Vehicle in a negligent or reckless manner or in any way that endangers others, you agree to pay damages beyond the Deductible.
2.17. Other Violations. Besides other rights and remedies we may have in this Agreement, we may charge you the actual cost to us, plus applicable taxes, for any violation of the Agreement if such violation results in a visit by us to the Vehicle to remedy the situation (including if due to towing, impoundment, necessity of cleaning or re-charging, etc.)
2.18. Payment Method. Other than the usage fee charged to you upon booking the reservation, we will charge for all fees as they are incurred by you monthly (retroactively for the previous month) to the payment method you provided which is on file. You may cancel the use of your credit or debit card by terminating your participation in the WhipEV Program and providing notice to the help desk. You remain responsible for any fees or damages incurred prior to your termination. Any changes to the pricing will be available on the website www.whipev.com. Your credit or debit card will be charged retroactively for any tolls or unpaid parking tickets incurred during the previous month. You will receive an email receipt with the breakdown for each Trip of charges applied to the payment method on file.
2.19. Cancellation & Refund Policy. Except for timely cancellations, we do not provide refunds of the Pre-Authorization Charge, or any other fees. If you believe you have been charged in error, you must submit a formal request to the help desk and include your name, phone number, and reason for refund request. Requests will be reviewed and responded to within five (5) business days.
If your reserved Vehicle is returned and your Trip is ended prior to the reservation end time, you will not be refunded for unused hours.
2.20. Billing. If a payment card charge is declined by your payment card issuer (either for a Pre-Authorization Charge or incurred fees or charges), we may suspend or terminate your membership immediately. We reserve the right to assign a delinquent Member account to a third-party collection agency.
3.1.1. Complying with all applicable laws, regulations, local ordinances, and this Agreement.
3.1.2. Keeping your personal information, including payment information, up-to-date within your WhipEV account. We may validate such updated information to verify your continued membership. We will in no way be responsible or liable for any fines, damages, penalties or any other costs or liabilities resulting from your failure to provide us with up-to-date personal information.
3.1.3. Any loss of, or damage to goods and personal belongings in or on the whether owned by you or third-parties. Neither we nor Supplier take responsibility for any such loss or damage;
3.1.4. Any traffic, moving or parking violation citations, fines or other penalties incurred from use of the Vehicle. Without limiting or altering any insurance or indemnification obligations in this Agreement, you will cooperate with us and Supplier in the defense of any claims or lawsuits against us and/or Supplier related to your use or possession of the Vehicle. You shall be responsible for all fines, forfeitures and penalties incurred from the use of the Vehicle;
3.1.5. All fines, forfeitures and penalties incurred from the use of the Vehicle;
3.1.6. Immediately notifying WhipEV of any event that involves theft, attempted theft, vandalism, Vehicle damage of any kind, or impact with a vehicle, object or pedestrian (injured or not) even if there appears to be no damage to the Vehicle by calling 855-861-9290 to speak with a WhipEV Customer Service Agent. If a Vehicle is not safe to drive after any such event, you must file a police or security report within 24 hours of the incident and provide WhipEV a copy of that report to prevent being charged for the rental after the event.
3.1.7. Maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third-party. You must immediately notify the help desk if you know or have any reason to suspect that your credentials have been lost, stolen, or otherwise compromised or if any actual or suspected unauthorized use of your account occurs.
3.2. You also agree to the following:
3.2.1. For EMERGENCY situations, you must call 911. Further instructions regarding incident / crash procedures are in the glovebox and under the Help section of the WhipEV App.
3.2.2. For rentals commencing in Maryland: 2013 Maryland Code CRIMINAL LAW § 7-205 – Failure to return rental vehicle.
(a) A person who leases or rents a motor vehicle under an agreement to return the motor vehicle at the end of the leasing or rental period may not abandon the motor vehicle or refuse or willfully neglect to return it.
(b) (1) A person may not be prosecuted under this section if, within 5 days after a written demand for the return of the motor vehicle is mailed by regular mail and certified United States mail, return receipt requested, to the person who leased or rented the motor vehicle at the last address known to the person who delivered the motor vehicle, the person returns or accounts for the motor vehicle to the person who delivered the motor vehicle.
(2) A prosecution may not be started until 5 days after a written demand described in paragraph (1) of this subsection is mailed.
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.
3.2.3. Returning the Vehicle to the proper location when your reservation ends. To the permitted by law, we may recover a Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement.
3.2.4. For rentals commencing in Colorado: Failure to return the Vehicle within 72 hours of the due-in date is a felony according to Colorado Revised Statutes §18-4-401.
3.2.5. For rentals commencing in the District of Columbia: WARNING: Failure to return this Vehicle in accordance with the terms of this Rental Agreement may result in a criminal penalty of up to 3 years in jail.
3.2.6. For rentals commencing in Florida: Failure to return rented property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable under the section 812.155, Florida Statutes.
3.2.7. For rentals commencing in Massachusetts: If the Vehicle is not returned within 48 hours of the date due, we will report it to the police department as stolen or beyond our control under ALM Ch. 266 §87A.
4.1.1. You possess a valid driver’s license which is not modified, suspended, revoked, or restricted (except for corrective lens) and will present it to WhipEV upon reasonable request for proof. If you possess a non-US driver’s license it must be valid in the state in which you reside. You may also be required to verify that you are the person included on the driver’s license by providing a selfie image of your face from your mobile device.
4.1.2. You are not involved in any accidents with the Vehicle and have not been involved in any accidents during any other reservation with WhipEV. Notwithstanding the preceding sentence, WhipEV remains obligated to provide insurance during your reservation as described under Section 6 of this Agreement.
4.1.3. You do not have a current outstanding balance with WhipEV.
4.1.4. You have not been involved in: Any single accident (regardless of fault) resulting in damages to a Vehicle amounting to more than $5,000; or three (3) accidents (regardless of fault) involving a Vehicle within a twelve (12) month period.
4.1.5. You are at least 25 years of age; and
4.1.6. You have not been convicted in the last 5 years of the following violations: Driving while driver’s license is restricted, suspended, revoked or denied; Vehicular manslaughter, negligent homicide, felonious driving or felony with a vehicle; Operating a vehicle while impaired, under the influence of alcohol or illegal drugs, or refusing a sobriety test. Failure to stop or identify after a crash (includes leaving the scene of a crash; hit and run; giving false information to an officer); Eluding or attempting to elude a law enforcement officer; Traffic violations resulting in death or serious injury; or Any other significant violation warranting restriction or suspension of license.
You are otherwise eligible under and will comply with all laws and regulations, including any export controls, economic sanctions, or other related laws and regulations, in relation to your participation in the WhipEV Program.
4.2. You understand and agree that, in the event WhipEV receives notifications by prosecution authorities of traffic rule violations allegedly committed with a Vehicle, WhipEV will be entitled to provide your complete and accurate data (full name, date of birth, address) to the respective prosecution authorities.
4.3. You consent to and authorize WhipEV, to the extent permitted by law, to perform or have performed a background check of you and of your driving history and/or driving record. You have reviewed and understand the information, statements, and notices in the Background Check Disclosures, the State Law Disclosures and the California State Law Disclosures, described in more detail at the end of this Agreement, and this background check authorization.
4.4. You will immediately notify the help desk if your driver’s license expires or is modified, suspended, restricted, revoked, or if you otherwise no longer meet an eligibility requirement.
4.5. We reserve the right to suspend or remove you from the WhipEV Program in our sole discretion, including but not limited to our discovery of your non-compliance with the foregoing eligibility requirements.
5.2. We will collect your name, address, telephone number, email address, driver’s license number, the driver’s license expiration date and state of issuance and if you have a Pennsylvania driver’s license, the last four digits of your social security number. This information will be provided to our trusted service provider to perform a background check of your driving history and/or driving record, so we can confirm your eligibility to participate in the WhipEV Program. We may also use this information to conduct screening to ensure you are not included on any U.S. or other government lists of restricted parties.
5.3. By participating in the WhipEV Program, you authorize WhipEV to send you updates via text message using an automated telephone dialing system to the mobile phone number you provided WhipEV. This is not required to conduct business with WhipEV. Message and data rates may apply.
5.4. We will collect your billing information, including your name, credit card number, credit card type, expiration date, and CVV number to provide the information to our trusted payment service provider, so we can process your payments for the WhipEV Program. You have reviewed and understand the information, statements, and notices in the Background Check Disclosures, the State Law Disclosures, and the California State Law Disclosures, described in more detail at the end of this Agreement, and this background check authorization.
5.5. All Vehicles have GPS services. To the extent permitted by law, we will actively collect information related to your use of the Vehicle through these GPS services. This information includes, but is not limited to: Vehicle location data, Vehicle make/model/trim, performance data, time of use, ignition on/off status, odometer, oil life remaining, tire pressure, high/low impact events, and use of individual GPS Telematics services. Any violation of this Agreement confirmed by such information may cause the termination of your participation in the WhipEV Program.
5.6. We will also collect information from the device through which you are participating in the WhipEV Program, such as device location, to provide WhipEV Services to you and to enable certain GPS Telematics services, such as remote door lock/unlock.
5.7. The WhipEV App is used to manage Vehicle reservations in the WhipEV Program. Your use of the WhipEV App is subject to this Agreement, and the End User License Agreement, the Privacy Statement for the App, and Privacy Statement .
To the extent such protection is imposed by law, that protection will be for the minimum limits required by law. We are liable only up to the maximum amounts under our insurance coverage and only if the Vehicle was being operated by you, another Member of the WhipEV Program, or a person entitled to insurance coverage under law. You may be liable to us up to the maximum amounts described above and to an injured person for amounts awarded over such maximum amounts.
6.2. Notice for rentals commencing in Florida: The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by §324.021(7) and 627.736, Florida Statutes.
6.3. Notice for rentals commencing in Maryland: If our Vehicle is a replacement vehicle as defined in Section 17-104 of the Maryland Transportation Code, the liability insurance coverage on the vehicle being replaced (your vehicle) is primary, and any liability coverage we provide on the Vehicle is secondary.
6.4. Notice for rentals commencing in Michigan: For liability losses involving third persons occurring in Michigan, we are responsible only up to $20,000.00 for bodily injury to or death of 1 person in any 1 accident and $40,000.00 because of bodily injury to or death of 2 or more persons in any one accident, and only if you or a member of your immediate family were operating the Vehicle at the time of the accident. You may be liable to us up to the same limits, and you may be liable to injured third persons for amounts over those
6.5. You are responsible for any loss of or damage to the Vehicle resulting from any cause including but not limited to collision, rollover, theft, vandalism, seizure, fire, flood, hail or other acts of nature or God regardless of fault. Damages include our estimated repair cost, or if, in our sole discretion, we determine to sell the Vehicle in its damages condition, you will pay the difference between the Vehicle’s retail fair market value before it was damaged and the sales proceeds.
Where permitted by law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, and antenna, as part of the rental charges during return. If the Vehicle is stolen and not recovered, you will pay us the Vehicle’s fair market value before it was stolen. As part of our loss, you will also pay for loss of the Vehicle, without regard to our fleet utilization, plus an administrative fee for processing the claim, costs associated with recovery of the Vehicle, plus towing and storage charges, if any. You are not responsible for normal wear and tear on the Vehicle. Before each reservation, please check the car inside and out and report any damage. Your responsibility for damage to or loss of the
Vehicle will be limited to the $2,000 Deductible per occurrence unless you violate the terms of this Agreement or otherwise operate the Vehicle in a reckless manner or that endangers others. There, you will be responsible for loss or damage to the Vehicle beyond the Deductible. You grant subrogation rights to WhipEV and its insurers. Your personal insurance policy is always primary in any claims.
6.6. In addition you agree to defend, indemnify and hold us, our affiliates and respective directors, officers, shareholders, employees and agents, and Supplier harmless from all claims, liability and expenses arising out of your non-compliant, negligent or reckless use of the Vehicle regardless of whether those claims arise from you or any third party excluding those arising out of WhipEV’s gross negligence or willful misconduct and to the extent permitted by New Jersey law if you are a renter in New Jersey. We may recover damages suffered by us or Supplier you owe under this Agreement by charging the payment method you provided.
6.7. For rentals commencing in New York: Responsibility for Damage or Loss; Reporting to Police. You are responsible for (a) all physical damage to the Vehicle, whether or not you are at fault; (b) mechanical damage related to an accident or caused by your abuse or neglect; and (c) theft of the Vehicle up to its fair market value if it is established that an authorized driver failed to exercise reasonable care or that an authorized driver committed, aided, or abetted in the theft of the Vehicle. You are responsible for the lesser of: (a) the actual and reasonable costs incurred to repair the Vehicle, including fees for towing, storage and impound; (b) the reasonable costs incurred to repair the Vehicle if we elect not to repair; or (c) the actual cash value of the Vehicle immediately before the damage (not to exceed the fair market value, less net disposal proceeds).
You must report all accidents or incidents of theft and vandalism to us and the police when you discover them. Upon return of the Vehicle or within 72 hours of its return, an authorized driver or his or her insurer must notify us he or she wishes to inspect the damaged Vehicle, or else the right to inspection will be waived. The inspection must be completed within 7 days of the Vehicle’s return date. If we determine that the Vehicle is a total loss and subject to salvage, the 72-hour notification period and waiver do not apply, and the authorized driver or his or her insurer will have 10 business days from receipt of notification from us to inspect the damaged Vehicle, unless we agree to provide access to the Vehicle beyond the 10 business-day time period.
6.8. For rentals commencing in California: You are responsible for all damage to and loss of the Vehicle caused by collision. Your responsibility includes:
(a) all physical and mechanical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the fair market value of the Vehicle calculated in accordance with California law; (ii) if we determine that the Vehicle is repairable: the reasonable estimated retail value or actual cost of repair;
(b) an administrative fee as permitted by California law; and (c) our actual charges for towing, storage, and impound. You are responsible for loss due to theft of the Vehicle and any damage caused by vandalism that occurs in connection with a theft if you fail to exercise ordinary care while in possession of the Vehicle. You are responsible for damage due to vandalism not associated with theft of the Vehicle up to a maximum of $500. You are responsible for replacing missing equipment and Vehicle documents and keys. You must report all Vehicle accidents or incidents of theft and vandalism to us and the police upon discovery.
6.9. WARNING: California Vehicle Code Section 10855 provides the following: “Whenever any person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 5 days after the lease or rental agreement has expired, that person shall be presumed to have embezzled the vehicle.”
6.10. For rentals commencing in Illinois: Regardless of fault, you are responsible for theft or loss of the Vehicle and all damage to it, including damage caused by collision, weather, road conditions, acts of nature, theft, and vandalism. Your responsibility includes:
(a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the fair market value of the Vehicle; (ii) if we determine that the Vehicle is repairable: the reasonable estimated retail value or actual cost of repair;
(b) Loss of Use, which shall be measured by multiplying your daily usage fee by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization;
(c) a reasonable administrative fee; and (d) towing, storage, and impound charges. You are responsible for replacing missing equipment and Vehicle documents and keys. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
If the Vehicle’s MSRP is $50,000 or less: until June 1, 2017, your responsibility for loss or damage due to causes other than theft will not exceed $17,500. Beginning June 1, 2017, and annually each June 1 thereafter, the maximum amount we may recover from you for damage to the Vehicle increases by $500 above the maximum recovery allowed immediately prior to June 1 of that year. You are responsible for loss due to theft of the Vehicle up to a maximum of $2,000, unless you fail to exercise ordinary care while in possession of the Vehicle, or unless you committed, or aided in, the theft of the Vehicle, in which cases you are liable up to the Vehicle’s fair market value. If the Vehicle’s MSRP is over $50,000: Beginning on October 1, 2016, your responsibility for loss or theft of or damage to the Vehicle will not exceed $42,500. Beginning on October 1, 2017, the maximum amount we may recover will increase by $2,500 on October 1st of each year.
Beginning on October 1, 2020, the maximum amount we may recover will increase by $2,000 on October 1st of each year.
6.11. Limitation of Liability. Unless prohibited by law, neither WhipEV nor Supplier are liable to you for any indirect, incidental, special, punitive or consequential damages including loss of opportunity or lost profits arising from this Agreement, your participation in the WhipEV Program or using the Vehicle.
6.12. Personal Property. Neither we nor Supplier are responsible for loss of or damage to your or any other occupant’s personal property left in the Vehicle.
firstname.lastname@example.org or by calling Call/Text (855)861-9290 unless earlier terminated by us in our sole discretion.
7.2. Termination. We and/or you may terminate this Agreement at any time for any reason whatsoever by giving the other notice of such termination. Termination makes you ineligible to participate in the WhipEV Program. You will remain responsible for all fees, including account balances, and any damages and penalties incurred as of the date of termination. You will only be able to obtain refunds for membership pursuant to your rights under applicable consumer protection legislation or pursuant to our discretion.
8.2. Choice of Law. This Agreement will be governed by, interpreted under, and construed and enforced under the laws of the State of Maryland, without reference to its conflict of laws principles.
8.3. Waiver; Severability. If any one or more provisions contained in this Agreement or any document executed in connection shall be invalid, illegal or unenforceable under any law, (i) unless otherwise provided under law, the validity, legality and enforceability of the remaining provisions contained herein or shall not be affected or impaired and shall remain in full force and effect; and (ii) the invalid, illegal or unenforceable provision shall be replaced by us immediately with a term or provision that is valid, legal and enforceable and that comes closest to expressing the intention of such invalid, illegal or unenforceable term or provision. Failure or delay by us to exercise any right or privilege under this Agreement shall not operate as a waiver nor shall any partial exercise of any right or privilege preclude any further exercise thereof.
8.4. Notice. To terminate your membership email us at email@example.com or call/text (855)861-9290. We may provide notice to you via any address (including electronic address) that we have on file for you, or via in-WhipEV App messaging. All legal notices to be given by you to WhipEV must be in writing and will be (a) personally served or (b) mailed registered or certified, return receipt requested, postage prepaid, or delivered by courier service with charges prepaid, addressed as set forth below. Notice will be deemed given on the date of service if personally served or, if mailed, on the third Business Day after mailing
Whip Inc c/o Executive Director
14670 SOUTHLAWN LANE
ROCKVILLE MD 20850
8.5. Limited Third-Party Beneficiaries. Supplier is an intended third-party beneficiary of this Agreement solely for enforcing its rights under Sections 2 and 6. Whip’s affiliates that are controlled by or under common control with Whip are intended third-party beneficiaries of Sections 6 and 9. Except for the foregoing, this Agreement is intended to be solely for the benefit of you and Whip and is not intended to confer any benefits upon, or create any rights in favor of, any person or entity other than the foregoing.
8.6. Conflict of Terms. Any conflict between this Agreement and those of the OnStar terms and conditions will be resolved in favor of this Agreement.
8.7. Survival. All fees and charges will continue to be due and payable after the end of the Trip or the expiration of this Agreement. Additionally, the 6, 9, and 8.7 will survive the expiration or earlier termination of this Agreement.
9.2. ANY MATTER WE ARE UNABLE TO RESOLVE AND ALL DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ITS FORMATION, ENFORCEABILITY, PERFORMANCE, OR BREACH (EACH, A “CLAIM“), WITH THE EXCEPTION OF THE MATTERS DESCRIBED IN SECTION 8.9(E) BELOW, SHALL BE FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA“) IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CUSTOMER-RELATED DISPUTES, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL CLAIMS. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR’S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
9.3. ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THE PRECEDING SENTENCE IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH IN THIS SECTION 8.9 SHALL BE NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE CLAIMS.
9.4. SECTIONS 9.1 THROUGH 9.3 DO NOT APPLY TO ANY CLAIM (I) IN WHICH A PARTY IS ATTEMPTING TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS (SUCH AS ITS PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR MORAL RIGHTS, BUT NOT INCLUDING ITS PRIVACY OR PUBLICITY RIGHTS), OR (II) THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.
10.2. Personal use only. The Vehicle is to be used for your personal use only and may not be used for hire or any other for-profit purpose.
10.3. No unauthorized drivers. You understand that only you, or other authorized drivers as identified in Section 2.17, are authorized to use the Vehicle and you may not allow any other person to operate the Vehicle.
10.4. Charging. EV charging is free at the pickup and drop off locations. WhipEV also provides free Tesla Supercharging. Charging from any other source will be at the expense of the user and WhipeV will not reimburse you for those charges.
10.5. Pick-up and return location. At the start of your Trip, the Vehicle will be available for you in a location designated in the Whip App. You must return the Vehicle to the rental location you have chosen within the Whip App. We reserve the right to charge for not returning the Vehicle to the same rental location you picked-up the Vehicle.
10.6. Parking. While on a Trip, you may park in any legal parking space. You are responsible for all parking fees and fines or tickets that may result.
10.7. Cleaning. You are kindly asked to remove all trash and return the Vehicle in a clean condition.
10.8. Towing. You are prohibited from towing or pushing anything with the Vehicle or overloading the Vehicle.
10.9. Use area. The Vehicle must not be driven or otherwise taken outside of the United States.
10.10. No smoking. Smoking is not allowed at any time by you or any passenger in the Vehicle subject to a minimum $150 fine. 10.11. Animals or pets. You may take a pet in the Vehicle but only if it is kept in a locked pet carrier.
10.12. No servicing Vehicle. You must not perform or take the Vehicle in for repair or any service under any circumstances; the Vehicle can only be warranty repaired or serviced by us.
10.13. No operation while impaired. You agree to never drive the Vehicle while impaired by medication, illness, fatigue, or injury.
10.14. No alcohol or illegal drugs. You agree not to use any illegal drugs or alcohol prior to or while driving the Vehicle and understand that we have a zero-tolerance policy for being under the influence of or drinking alcohol or taking illegal drugs when using the Vehicle.
10.15. Use of safety restraints. You will ensure the proper use of safety belts and child safety restraints for all occupants; you will not permit anyone under 13 years of age to ride in the front seat of the Vehicle.
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. You are responsible for supplying a child safety seat.
10.16. Obey all traffic laws. You will obey all applicable motor vehicle laws, speed limits, codes, and regulations, including all local ordinances and/or state laws addressing distracted driver restrictions. You will drive in a defensive manner, anticipating situations where incidents are likely to occur.
10.17. No hand-held device use. You understand that use of hand-held communication devices is prohibited except in cases of emergency. The Vehicle must be brought to a safe stop or safe location if call or text must be placed or received. You understand that use of radar/laser detection devices is prohibited.
10.18. Safe driving. You agree not to operate the Vehicle in a test, race, contest, or off-road.
10.19. No transport of dangerous items. You agree not to use the Vehicle to transfer hazardous, toxic, flammable, poisonous or otherwise dangerous goods.
10.20. Securing vehicle. You understand that when the Vehicle is not in use, you will secure it by closing the windows, closing and locking the doors, and parking it in a reasonably, safe, and secure location.
10.21. No modification to Vehicle. You must not modify, disconnect, or otherwise interfere with the operation of the odometer, emissions control equipment, or any other equipment installed on or in the Vehicle.
10.22. No improper use of Vehicle. You must not use the Vehicle in connection with a felony or other crime (other than a minor traffic violation) or any other illegal purpose whatsoever.
New York applicants/drivers only:
Upon request, you will be informed whether or not a
consumer report was requested, and if such report was requested, informed of the name and address of the consumer reporting agency that furnished the report. Your written request should be made to Whip Inc.
California, Minnesota, or Oklahoma only:
If you would like to receive from (as applicable) the CRA, the ICRA, or the Company, a copy of the background check report that Company may procure, please write to:
Whip Inc, Attention Customer Service,
14670 SOUTHLAWN LANE
ROCKVILLE MD 20850