Driving Terms & Conditions

1. Right To Drive.

1.1. A Driving Member in good standing may use New York Classic Motors, LLC or its affiliates (collectively “CCC” or “Club”) vehicles, to the extent available, in accordance with the terms of this Agreement and subject to paying the corresponding fees. Only Club Members that are approved as a Driving Member, (a member who is specially approved by the Club to operate Club Vehicles) are allowed to drive

1.2 The then current Schedule 1-“In-Out Terms” is incorporated by reference in this Agreement.

2. Representations And Warranties

2.1 Driving Member hereby represents and warrants to the Club: (i) the Member holds a valid driver’s license; (ii) All of the information provided by the Member in connection with the Membership Application is complete, accurate and truthful in all respects; (iii) The Member has continuously maintained a favorable driving record with at least 3 years of continuous licensed driving experience at the time of Membership application; and (iv) the Member has received all reasonable explanations concerning the content of this Agreement and has carefully reviewed all commitments and obligations hereunder.

2.2 Because driving a Club vehicle requires maintaining a good driving record, if the Member’s license is suspended or revoked or if the Member is convicted of driving under the influence of drugs or alcohol or while intoxicated, of reckless driving, or of driving more than 20 miles per hour over the speed limit, the Member agrees to report such suspension, revocation or conviction to the Club promptly. The Club will, from time to time, check Members’ driver’s licenses and reserves the right, in its sole discretion, to suspend or terminate the membership of any Member who does not meet the Club’s driving record requirements or who fails to comply with the Club’s then current induction procedures.

2.3 Driving Member hereby represents and warrants to agree to cooperate with the Club and to execute any and all documents, agreements and instruments necessary to fulfill the terms of this Agreement as well as to take such further action as may be reasonable requested by the Club to carry out the provisions and purposes of this Agreement including but not limited to any insurance relief.

3. Vehicle Use

3.1 The use of a Club vehicle under the following conditions is prohibited:

a. any speed race, pace making, speed testing, competition, or timely delivery of goods;

b. any parade or off road use;

c. for the purpose of towing, pushing, or propelling any trailer or any other vehicle;

d. for the primary business purpose of transporting people or operating a taxi service;

e. by any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which, the operation of a vehicle or heavy equipment is prohibited or not recommended;

f. in the carrying out of any crime or any other illegal activity;

g. in an imprudent or abusive manner or for any abnormal use of the vehicle;

h. in any manner which results in the impound or governmental seizure of the vehicle; or

i. by any person who has provided the Club with false information or whose representations are determined to be false (including, without limitation, regarding his name, age, or address).

3.2 The Club reserves the right to immediately terminate or suspend the membership of any Driving Member for a violation of any of the provisions above, or for a breach of any other provision of the Agreement. The Driving Member agrees to promptly pay for all damage (including loss of use during repairs and any diminution of value) resulting from any of the above activities.

4. Vehicle Pick-Up And Return

4.1 Unless delivery arrangements have been made with a club employee, Driving Member must pick up the selected vehicle at the Clubhouse located at 1 Pier 76, New York, New York and return it secured, clean and in good working order, to the Clubhouse during Club business hours.

4.2 Prior to taking possession of a vehicle, Driving Member must do an exterior walk-around and an interior look-over. Driving Member must advise the Club at the start of the reservation of any observed damage to the Club vehicle. Thereafter, during the term of use, Driving Member must advise the Club by phone of any new damage or abnormality encountered on the vehicle or in the operation of the vehicle that is not noted on the sign-out, damage log. If the Club is not notified of a problem at the start of a reservation, it will assume that Driving Member caused the problem.

4.3 After each use, the key to the vehicle must be returned to a Club employee and a Club employee must inspect the vehicle. The period of reservation ends when the user secures the car with the Club. The Driving Member will be billed for the full amount of the allocated points for the reserved time period, even if the car is returned early.

4.4 Driving Member are responsible for all charges and costs incurred for the Club vehicle use from the time of pickup to the time the car is returned and secured at the Clubhouse, absent a specific waiver. A Club representative will inspect the exterior of the vehicle upon return. Driving Member will be responsible for any observable body damage. Driving Member will also be responsible for any mechanical damage to the vehicle that is observed by the Club after the vehicle is returned, provided the Club notifies Driving Member of such mechanical damage within 5 days of usage. Driving Member shall pay for all damage determined by the Club, in its discretion, within 5 days of notification of the damage by the Club. Be advised that Club vehicles are equipped with various devices to measure automotive telemetry.

4.5 Driving Member are required to report to the Club immediately by phone any condition that renders the vehicle unserviceable, including poor driving feel, external or internal damage that renders the car unsafe, including but not limited to, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors and windshield glass.

5. Refueling, Eligible Expenses And Traction Control

5.1 When a Driving Member uses a Club vehicle, you are responsible for the cost of fuel. When you pick up a reserved Club vehicle, a Club employee will record the level of fuel in the tank. You should return the Club car with the same level of Fuel. Members shall fill all cars used by them with the highest premium octane fuel available. The Club will establish, from time to time the price at which fuel will be priced to adjust for underages and overages of fuel.

5.2 An "Eligible Expense" is defined as an expense incurred by the Member for minor (under $30) routine maintenance on the Club vehicles, such, new wiper blades, light bulbs, or windshield-washer fluid. Any expense that exceeds $30 must be authorized prior to incurrence by a Club Representative in order to qualify as an Eligible Expense. If Driving Member pays for an Eligible Expense, you must keep the receipt and note the odometer reading at the time of the purchase on it. Please print your name on the receipt and fax or mail it to us and we will deduct it from your bill. No credit will be given without a receipt. All sales, use, rental and excise taxes, including tax related surcharges are not Eligible Expenses but the responsibility of the Driving Member.

5.3 With respect to all Club vehicles equipped with a traction control device, the Member must drive with such traction control engaged at all times. The Member hereby indemnifies, defends and shall hold the Club harmless from any damage, loss, or expense incurred by the Club or third parties involving the Member’s use or operation of a Club vehicle without the traction control engaged or functioning at all times, where such vehicle is equipped with a traction control device.

6. Reservations

6.1 Driving Member must always reserve a vehicle in advance of use.

6.2 Use of a vehicle for a period of longer than five days continuously may be arranged at Club’s discretion and only with a Club employee.

6.3 The minimum period for which a vehicle can be reserved is one calendar day, commencing when the Club opens for business and ending on that day when the Club closes for business. A vehicle can be reserved in daily increments thereafter.

6.4 During non peak times, if you wish to cancel a reservation you must do so during regular business hours at least five hours before the start of such period, otherwise you will be charged for the full time of the reservation For peak times, (holidays and weekends and the summer months) cancellations made prior to 2:00 pm Thursday there will be a 75% refund; for cancellations made prior to 2:00 pm Friday there will be a 50% refund; and for cancellations made after 5:00 pm Friday there will be no refund.

6.5 Driving Member may extend a reservation only if another Member has not already reserved the vehicle during the period you wish to extend through.

6.6 If a Driving Member fails to timely return a Club Vehicle and said Vehicle is subject to another reservation, the Driving Member shall pay a penalty charge of equal to triple the daily point consumption of said vehicle.

7. Insurance

Section A. Coverage and Member Liability

7.A.1. In the absence of your own insurance, which is primary as set forth below, and subject to the limitations set forth in section B below of this insurance paragraph, the Club will provide Driving Members with standard auto liability insurance protection at a $1 Million dollars for bodily injury and property damage liability and, where required by law, no-fault and/or uninsured motorist coverage at basic mandatory limits. Driving Members must comply with all of the provisions of such policy.

7.A.2 Driving Member agrees to waive any and all other optional coverage, supplemental coverage, and optional or additional limits.

7.A.3 Subject to the limitations set forth in section B below of this Insurance paragraph, any person authorized to operate a vehicle under this Agreement is covered by an automobile liability insurance policy to $1 Million dollars as well as comprehensive and collision coverage; and is subject to all its terms, conditions, and exclusions. Authorized drivers who are determined by the Club to be at fault, or where no fault is determined or where at fault party’s insurance does not cover damages, are responsible for paying the Applicable Deductible listed in section 7.A.4 below.

7.A.4 Subject to limitations set forth in section B below of this insurance paragraph or a specific waiver, Driving Members shall be responsible for vehicular damages or costs equal to the applicable first dollar amount of actual, consequential, estimated or projected damages or expenses, incurred by the Club whether or not an actual insurance claim is made or processed by the Club. Depending on the band of vehicle, the Driving Member shall be responsible for the first amount of costs related to the damage, repair, recovery, or loss of use of any Club vehicle regardless of fault. With respect to vehicles in Bands 1 and 2 the Driving Member shall be liable for the first $1,500 of such damage or loss; with respect to Bands 3 and 4, the first $2,500; with respect to Band 5 and the A2B fleet, the first $5,000; with respect to Band 6 thru 8, the first 7,500; and with respect to any vehicle in Band 9 or higher, the Driving Member shall be liable for the first $10,000 of such damage or loss.

Section B. Limitations

7.B.1 Driving Member is responsible for the full value of any damages caused to the Club’s property including fire, theft, vandalism and loss of use, or to the property of all third parties, regardless of fault, which is not covered by the Club’s insurance.

7.B.2 The Driving Member hereby indemnifies and defends the Club for any loss, damage, injury, liability or expense that the Club incurs arising out of the use of the vehicle (a) in the event Section 7.B.3 applies (meaning, all such loss, damage, injury, liability or expense), or (b) in the event Section 7.B.3 does not apply, which exceeds the greater of either the minimum limits of financial responsibility pursuant to the motor vehicle insurance law of the applicable state or the limits of any liability insurance that the Club furnishes to the Member, or (c) which results from any unauthorized use or prohibited or illegal operation or other use of the vehicle.

7.B.3 Notwithstanding anything set forth in this Agreement or any other agreement between Driving Member and the Club to the contrary, in the event at the time of any loss or damage Driving Member has insurance of any kind whether primary, excess or contingent which provides coverage to you or any third party (including the Club) against liability for personal injury, death or property damage arising from the use of a Club vehicle, regardless of the amount of the limits for such coverage, Driving Member will not be covered by the insurance maintained by the Club as set forth in Section 7.A.1 and Section 7.A.3 of this Agreement and Driving Member will not be permitted to submit any claim to the Club’s insurance provider.

8. Maintenance

8.1 The Club will perform routine maintenance on all of its vehicles. However, on longer rentals and otherwise as needed, Driving Members shall take responsibility for the cleanliness and driving safety of the vehicle.

8.2 Driving Members must be responsive to all warning lights, chimes and other indicators and alerts, failure to do so shall result in liability. Driving Members are responsible for routine maintenance such as checking fluid levels and cleaning the vehicle as needed. While the Club will take the cars in for regular servicing, Driving Members should make minor repairs to render the car safe for use, or have them made, all of which will be Eligible Expenses, subject to the provisions of this Contract.

8.3 Inappropriate noises or driving feel, including but not limited to warning lamps, indicators, inappropriate sounds, performance changes or unusual driving feel, must be reported to the Club, as soon as noted. Failure to report such irregularities during the use of a Club vehicle may result in such Member's immediate suspension or cancellation of the Member's membership and Member will be held responsible for all resulting damages.

9. Breakdown Or Accidents

9.1 All breakdowns or accidents involving a Club vehicle must be reported to the Club by phone at the earliest opportunity. 9.2 When using a vehicle, Driving Member must follow the owner's manual instructions. If a problem arises that prevents or limits the use of the vehicle or that may compromise people's safety, Driving Member must immediately notify the Club and dispose of the vehicle in a safe manner in accordance with the Club's instructions. Driving Members may make outlays for towing, repairs, and other expenses, as authorized by a Club Representative.

9.3 If you perform (receive) a jump-start to the Club vehicle, Driving Member must inform the Club immediately. Driving Member is fully responsible for any damage that may result from the improper use of jumper cables. It is strictly forbidden to provide a jump-start to any vehicle other than a Club vehicle.

9.4 In case of an accident involving property damage or any other person, the Driving Member must fill out an official police report form, and, if possible, provide a jointly agreed-upon statement and obtain the following information:

(a). Date, time, and place of accident;

(b). The license plate numbers of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate's number (with name, address and phone number of the insurance agent);

(c) The names, addresses, and driver's license numbers of the persons involved in the accident;

(d) The name, address, and driver's license number of the owner of the car (if he or she is not the driver);

(e) The name, addresses, and phone number of witnesses, passengers, and any other involved persons;

(f) Circumstances of the accident; and

(g) If the circumstances indicate the Member is not at fault, a police report will be required.

9.5 Driving Member agrees to provide the Club and any other claims adjustment service with the findings of any report or any notice relating to a claim or a lawsuit against the Club regarding any accident involving a Club vehicle. Driving Member agrees to cooperate fully with the Club in the investigation and defense of any such claim or lawsuit.

10. Traffic Violations

10.1 Driving Member is responsible (financially and otherwise) for any traffic and parking violations including the impound or governmental seizure of the vehicle, received or imposed during your use of a Club vehicle. You must report to a Club employee as soon as possible any such violations.

10.2 Driving Member must notify the Club of any traffic violation notices found on a vehicle at the moment of pick up of the vehicle or receipt of the violation notice. All unreported traffic violations will be the responsibility of such Driving Member if they occur during the time period during which a Driving Member is responsible for the Club vehicle.

10.3 At the end of your reservation, you must not leave a vehicle in a zone which has parking restrictions. If you leave the vehicle in such a restricted zone, you must notify the Club, and you will be responsible for any and all violation notices or towing charges incurred by the Club.

11. Billing And Repossession

11.1 Driving Members are responsible for the use of vehicles, costs incurred and for any penalties incurred and shall be billed via credit card or other means as established by the Club. Any credit card provided by the Driving Member to the Club for billing which is rejected may result in suspension of the Driving Member's membership. The term of suspension will be determined by the Club. Ongoing issues with credit card billings may result in termination of membership.

11.2 The Club may repossess the vehicle any time it is found illegally parked, being used to violate the law or the terms of this Agreement, or appears to be abandoned. In the event of repossession, the Driving Member will pay the actual and reasonable cost incurred by the Club to repossess the vehicle.

11.3 Smoking and pets are prohibited in all Club vehicles. Members are subject to penalties if evidence of smoking or pets is found in the vehicle after use.