Car Share Terms of Service

By booking a CloudWorks Car Share vehicle, drivers agree to abide by the Terms and Conditions below. 

Typically, a driver will:

  1. Book a vehicle on-line

  2. Activate the vehicle with their unique key card

  3. Drive the vehicle

  4. Return the vehicle in the same condition they found it to the designated parking spot

Booking a Vehicle

  • If you want to use a vehicle you must book it in advance on the CloudWorks website or using the CloudWorks app.  Vehicles are available for periods beginning and ending on the hour and half hour.

Cancellations

  • If you have booked a vehicle but find later that you wish to cancel all or part of your booking, a cancellation fee may be payable. You cannot cancel a booking less than 15 minutes from the start of the booking.

Booked Vehicle Unavailable

  • If the vehicle you have booked is not at its designated parking spot at the beginning of your reserved time you must report this to CloudWorks immediately. You may either cancel the reservation without charge or change the reservation to another vehicle,

  • If a driver is inconvenienced as a result of our error, we’ll gladly credit their account at the discretion of CloudWorks.

 Valid Driver’s Licence

  • You must carry a valid driver’s licence with you every time you use a CloudWorks vehicle.  You must inform CloudWorks immediately of any suspension, withdrawal or expiry of your licence.

 Emergency Drivers

  • Only authorized CloudWorks drivers are permitted to drive CloudWorks vehicles.

  • However, if an emergency occurs and the life or safety of you or another person is at risk you may allow another person to drive a vehicle on the following conditions:

    • that you check that the emergency driver has a valid driver’s licence;

    • that you ensure that the emergency driver is capable of driving before the trip and is not under the influence of any intoxicating substance; and

    • that you only allow the emergency driver to drive the vehicle under your personal supervision.

  • You are liable for any fees, costs or damages arising from an emergency driver’s use of the vehicle.

Insurance

  • CloudWorks carries insurance for all its vehicles.  By booking a vehicle, you agree to the terms of our insurance, including the payment of deductibles. The insurance conditions are available for your inspection and can be accessed from CloudWorks’ office or website. If you are involved in an accident and a claim is made against you or CloudWorks, settlement of that claim will be at the discretion of CloudWorks and/or its insurer. Additional insurance information is available from CloudWorks’ office or website.

Vehicle Check Before Driving

  • Before using a vehicle you must check for any visible defects. CloudWorks must be informed of visible defects by email (rob@cloudworks.ws) or phone voicemail (867) 445-3497 before departure. If CloudWorks has not been informed before your departure, you may be liable for the damage.

  • You must also check to ensure that the following are in the vehicle:

    • vehicle insurance and registration

    • vehicle operator’s manual

  • You are required to inform the CloudWorks of if any of the above items are missing. You must not drive the vehicle if the current insurance and registration are missing.

Your Unique Key Card

  • All drivers are assigned a unique key card which allows you to access CloudWorks vehicles. The fob remains the property of CloudWorks. You are liable for the loss, deterioration and any possible misuse of the fob. If you lose the fob, you must phone CloudWorks within one hour and inform staff of the loss. Fob replacement fees will be charged according to the CloudWorks Price List.

  • Assignment or transfers of key cards between drivers is not permitted.

Usage Rates

  • Usage rates and all other fees are listed in the CloudWorks Price List.

Driving

  • Drivers must operate vehicles according to the vehicle operator’s manual.

  • Whenever they leave the vehicle drivers must secure it against theft by fobbing out. 

  • If the vehicle is stolen while not fobbed out, drivers may be charged an additional penalty - listed in the Price List,

  • All drivers are expected to adhere to all laws respecting the operation of motor vehicles and road safety. Vehicles may not be:

    • driven in any race or competition

    • used for any illegal purpose

    • used while the driver is under the influence of any intoxicating substance

    • used off-­road or on roads that are not regularly maintained.

Fueling

  • CloudWorks staff will periodically refuel vehicles and distances in Yellowknife are relatively short - so the vehicles will typically have plenty of fuel.  However, it is your responsibility to ensure that the vehicle’s fuel tank is ¼ full on return. Should you need to purchase fuel on your own, you must provide a copy of receipts marked with your name and odometer reading to CloudWorks for reimbursement for the cost of fueling the vehicle.  

Cleaning

  • CloudWorks cleans the vehicles according to a set schedule. However, it is your responsibility to clean the vehicle’s interior of any mess that is caused by you during your period of use. Leaving the vehicle dirty for fellow members may result in cleaning costs for you.

  • If you have found or caused a mess and are unable to take it to get it cleaned, contact CloudWorks to address the issue. If you don’t clean up a mess you have caused, you may be charged for the clean-up costs in addition to any penalty assigned.

Smoking

  • Smoking is prohibited in all vehicles.

Pets

  • Pets may only be transported in crates in CloudWorks vehicles in order to accommodate users with allergy concerns.

 Maintenance and Emergency Repairs

  • CloudWorks will undertake regular maintenance of vehicles. However, during the booked period, you must ensure that brake fluid, engine oil, coolant, windshield washer fluid and power steering fluid levels meet the vehicle operator’s manual specifications. You must also ensure that tire pressure is maintained according to the vehicle operator’s manual specifications. Any receipts for purchases or repairs you make to ensure the vehicle is operable must be marked with your name and submitted to CloudWorks.

Extension of Booked Period

  • If, for any reason, you cannot return the vehicle on time, use the online booking system to extend your booking time before the original booked period is over. If you cannot extend your booking online, call CloudWorks. If an extension is not possible because of a following booking, you must return the vehicle by the end of your booking period. If you return the vehicle after the end of your booking period, a late fee will be charged according to the CloudWorks price list. You may be charged for expenses CloudWorks incurs from reimbursing other members for expenses.

Return

  • You must properly return the CloudWorks vehicle by the end of your booking period. Proper return of the vehicle means that:

    • it is parked and properly locked, with all its papers intact, at its designated parking spot

    • the interior and exterior of the vehicle is tidy, and you have removed your personal belongings

    • the fuel tank is at least ¼ full

    • from November to March inclusive, the vehicle must be plugged in

    • you fob out and check that all vehicle doors (including back hatch) are locked

  • If the vehicle is not properly returned you may be charged a fee according the CloudWorks price list.

  • If you fail to return the vehicle two hours past your booked time for return without calling to inform CloudWorks, staff will call your listed phone numbers. If you cannot be contacted the vehicle will be reported to the police as missing.

  • You are responsible for maintaining a low noise level at the designated parking spot.

  • Immediately report any illegal use of the spot by a non-­CloudWorks vehicle to CloudWorks.

Submitting Receipts

  • If you incur an expense that is CloudWorks’ responsibility (eg. fueling or cleaning the car), you may submit your receipts to CloudWorks for reimbursement by:

    • Clearly writing your name and the date on the receipt;

    • Scanning or taking a picture of the receipt and emailing it to CloudWorks;

Accidents and Damage

  • During the time you have booked a vehicle, you will be deemed to be using the vehicle and be responsible for any accident or damage related costs, including loss of usable time that is not covered by insurance.

  • You may also be liable for the entire cost of Vehicle repair or replacement and claims made by third parties if CloudWorks' insurance policy does not apply (for example, because you have driven intoxicated).

  • In the event of an accident or damage to the vehicle you are using, take the following steps:

    • Report the collision to the RCMP by calling 669-1111 if any of the following circumstances apply:

      • the collision results in injury or death.

      • it was a hit and run

      • a driver is impaired

      • any of the vehicles involved have to be towed from the scene

      • the collision involves a vehicle that does not have a valid licence plate

    • Immediately report to CloudWorks by phone (867-445-3497 or 867-447-4777). You may only continue your trip with the express permission of CloudWorks. CloudWorks shall determine whether or not to report the collision or damage to our insurance company;

    • If other vehicles are involved, collect the following information:

      • Other drivers involved: Name, licence number, contact information

      • Other vehicles involved: license plate, state/province/territory, vehicle year, make and model (on registration) along with the insurance information

    • Secure evidence from any available witnesses and provide CloudWorks with a written description of the accident and the damage incurred.

    • Gather information about the collision scene including the date, time, and weather conditions; the location; the direction each vehicle was traveling; your vehicle in relation to the other vehicle(s).

Tickets, Liens and Impoundment

  • If the vehicle is towed and impounded for illegal parking while you have booked it, you are responsible for recovering the vehicle and paying any costs arising from the vehicle being towed.

  • If, without the approval of CloudWorks, you allow a lien to be placed on a vehicle or allow the vehicle to be impounded (for instance, by failing to pay for repairs that you have authorized), you are responsible for all costs, including court and legal fees, incurred by CloudWorks in pursuing the speedy return of the vehicle.

  • Third party charges to the driver (such as metered parking or traffic tickets) are not covered by CloudWorks, and should be paid immediately by the driver.  The driver will be responsible for all costs incurred by CloudWorks in dealing with such charges.

Insurance

  • CloudWorks purchases insurance from the Nordic Insurance Company of Canada under a fleet plan option so our organization, not our drivers, holds the insurance.

  • CloudWorks carries Third­ Party Liability up to $1 million with a $5,000 deductible.  This insurance applies to the costs resulting from damage to another vehicle or liability from damaging property or injuring other people.

  • CloudWorks also carries collision damage insurance for damage done to the CloudWorks.  In the event of an at ­fault accident, the collision damage deductible is $5,000,

  • CloudWorks drivers are responsible for paying the deductibles

  • CloudWorks drivers may avoid the $5,000 damage deductible if they pay for their booking with a credit card that offers Collision Liability Damage Insurance (CLDI) for car shares:

    • Many credit cards now offer Collision Loss Damage Insurance (CLDI) specifically for CarSharing. CloudWorks members who use an eligible VISA or MasterCard to pay their usage fees can take advantage of this coverage.

    • Please note that your card may not cover certain vehicles (e.g. pickup trucks). Please check with your card company to find out what their restrictions are.

  1. Visa Customers: visit http://www.visa.ca/clidi/

  2. MasterCard Customers: check your MasterCard agreement or ask your financial institution if your card has CLDI coverage.

  • Please note that if you are carrying a large credit on your CloudWorks account you will not be eligible for CLDI because your vehicle usage must be paid for using the credit card.

  • To apply, complete the Individual Member Insurance Coverage application which is available from CloudWorks and on our website.

Suspension of CloudWorks Driving Privileges

  • CloudWorks may temporarily suspend a driver’s driving privileges for the following reasons:

    • the driver violates the policies and procedures in this email,

    • the driver defaults in paying any amount owing to CloudWorks

  • A driver’s driving privileges will be automatically and immediately suspended if the driver no longer meets the driver requirements listed above,

  • CloudWorks may reinstate driving privileges once the above issues have been resolved,

  • A driver may appeal the suspension of driving privileges to CloudWorks,

  • CloudWorks may permanently suspend the driving privileges of any driver.

As mentioned in previous sections, membership in CloudWorks does not guarantee driving privileges. Similarly, suspension of driving privileges does not mean that the driver is no longer a member of CloudWorks. Contact CloudWorks for procedures for withdrawing from membership in CloudWorks