Blink Mobility LLC, a Blink Charging Company
Version: December 30, 2020
GENERAL TERMS & CONDITIONS FOR ACCESS TO AND USE OF THE BLINK MOBILITY SERVICE (“TERMS AND CONDITIONS”) THESE TERMS APPLY ONLY TO INDIVIDUAL AND SINGLE USER MEMBERS OF THE BLINK MOBILITY SERVICE
Blink Mobility generally permits its Members (as hereinafter defined), as further detailed and limited by the Contract, the ability to:
(a) reserve and operate self-service electric vehicles supplied by Blink Mobility (“Blink Mobility Cars”);
(b) use the recharging site (“Blink Mobility Stations”) including parking locations for such Blink Mobility Cars (“Blink Mobility Parking Space”);
(c) reserve the equipment installed at Blink Mobility Stations for recharging a Blink Mobility Car (“Charging Point”); and
(d) use the technology software platform (including the smart phone app) and all updates, upgrades, patches, or new versions thereof (“Software”) that operates all of the foregoing, collectively referred to as the “Blink Mobility Services”.
BY SELECTING AND CONFIRMING YOUR ACCEPTANCE WHERE INDICATED, YOU ACKNOWLEDGE AND CERTIFY THAT YOU HAVE READ, AND UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, PROVISIONS AND NOTICES CONTAINED HEREIN, ALONG WITH ALL ATTACHMENTS, INCLUDING THE RATE OFFER, AS WELL AS THE MEMBERSHIP DETAILS, JUST AS IF YOU HAVE SIGNED THIS CONTRACT.
BY SELECTING AND CONFIRMING YOUR ACCEPTANCE WHERE INDICATED, YOU ALSO CERTIFY THAT YOU HAVE READ AND ACCEPT THE USER GUIDE LOCATED ON THE BLINK MOBILITY WEBSITE OR BLINK MOBILITY MOBILE APP, WHICH ARE CONSIDERED PART OF THESE TERMS AND CONDITIONS, AND YOU AGREE TO COMPLY WITH SUCH USER GUIDE.
THESE TERMS AND CONDITIONS CONTAIN, AMONG OTHER THINGS, IMPORTANT INFORMATION RELATING TO THE RATE OFFER, USE OF THE BLINK MOBILITY SERVICE, THE AUTO INSURANCE SUPPLIED, LIMITATIONS ON BLINK MOBILITY’S LIABILITY, MEMBER’S OBLIGATION TO COMPENSATE BLINK MOBILITY FOR VARIOUS BREACHES OF THIS CONTRACT AND AUTOMATIC RENEWAL OF MEMBERSHIP.
BY SELECTING AND CONFIRMING YOUR ACCEPTANCE WHERE INDICATED, YOU CERTIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT HEREIN, INCLUDING AN AUTOMATIC RENEWAL OF YOUR MEMBERSHIP.
Additional Fee shall mean the additional fees payable by You to Blink Mobility which become due where indicated in these Terms and Conditions. The instances in which Additional Fees are due and the amounts payable for each instance are set out in Schedule 1.
Applicable Laws shall mean all laws, regulations, rules, ordinances and other mandatory requirements applicable to Your use of the Blink Mobility Services including, without limitation, all road traffic and parking regulations in force in California and Los Angeles.
Blink Mobility shall mean Blink Mobility, LLC, a California limited liability company.
Blink Mobility Car shall mean all of the equipment and accessories present in and provided with a Blink Mobility Car including Onboard Documents.
Blink Mobility App shall mean the mobile application operated by Blink Mobility allowing a Member full access to Blink Mobility service. Some features of Blink Mobility service may be available only on the Blink Mobility App and not on the Blink Mobility Website.
Blink Mobility Zone Shall mean Los Angeles, Ventura, and Orange Counties.
Completely Unavailable shall mean the Blink Mobility Service is completely unavailable for use. For the avoidance of doubt, unavailability of a Blink Mobility Car or Blink Mobility Parking Space at a particular location shall not mean that the Blink Mobility Service is completely unavailable for use.
Community Membership shall mean the special type of Blink Mobility Membership with discounted rates available to low-income customers as further detailed in these Terms and Conditions and in Schedule 1 attached to these Terms and Conditions.
Customer Relations Center or CRC shall mean the Blink Mobility information and help center, which operates 24 hours per day, 7 days per week, and which can be reached by phone at the Customer Relations Center phone number listed on the Blink Mobility Website and Blink Mobility App. The Customer Relations Center is available to Members and non-Members for processing their requests for information with respect to the Blink Mobility services (such as general information, Membership, account information, and claims). Calls between a Member and CRC may be recorded for training purposes, as well as for investigating claims, incidents, and accidents, By accepting these Terms and Conditions you consent to your calls to CRC being recorded.
Insurance Coverage shall mean the limited insurance policy provided by a third party Insurer to Blink Mobility which covers You up to certain limits when You use a Blink Mobility Car as more fully described in section 8 of these Terms and Conditions.
Insurer shall mean the insurer who issued the Insurance Coverage.
Member shall mean a consumer, it being specified that legal entities are excluded, who has subscribed to and is permitted to use the Blink Mobility Service in accordance with this Contract.
Member’s Account shall mean the on-line space within the Blink Mobility website and Blink Mobility Mobile App, accessible by You following log-in, from which You can manage personal information including Your payment information, pay your bills, review statements and invoices, view Your rentals and any informational messages from Blink Mobility.
Membership shall mean the amount due for the type of Membership selected by You during the Membership application Fee process as set out in the Rate Offer in Schedule 1.
Onboard Documents shall collectively mean the vehicle registration, applicable certificate of insurance, and instructional manuals supplied to assist Member’s understanding of operation of the Blink Mobility Cars and Blink Mobility Services.
Penalty shall mean the sum due and payable by You to Blink Mobility for certain violations, acts or omissions or other failures to comply with the terms of this Contract which become due where indicated in these Terms and Conditions, and “Penalties” shall be construed accordingly. The instances in which Penalties are due and the amounts payable for each Penalty are set out in Schedule 1.
Personal Data shall mean data, whether true or not, about an individual who can be identified: (a) from the data alone; or (b) from that data and other information which Blink Mobility has or is likely to have access to.
Rate Offer shall mean those charges applicable to the Membership listed in Schedule 1.
Rental Fee shall mean the fee payable by You to Blink Mobility for renting the Blink Mobility Car during the Rental Period, which is calculated in accordance with the type of Membership selected by a Member during the Membership application process as set out in Schedule 1 below subject to a minimum period of fifteen (15) minutes per rental.
Rental Period shall mean the period, commencing with You confirming your rental in the Blink Mobility App and ending at the time You plug the Blink Mobility Car into the Charging Point and select to lock the Car and end your rental in the Blink Mobility App, during which time You have possession and control of the Blink Mobility Car. A detailed description of the collection and return procedure is set out in the User Guide.
Waitlist refers to the reservation system which, in the event of the unavailability of a parking spot or a Blink Mobility car at the desired Blink Mobility station, makes an automatic reservation as soon as a spot or a car become available. Depending on the date, time and location of the reservation, a fee may be associated with such reservation.
2. ELIGIBILITY FOR MEMBERSHIP
2.1 You are eligible to apply for a Blink Mobility Membership if You meet the following criteria (“Eligibility Criteria”):
2.1.1 You must be at least eighteen (18) years of age.
2.1.2 You must provide a photo of yourself and (a) a valid California Class C driver’s license, (b) a valid out of state driver’s license that would legally authorize you to drive under the laws of the State of California, or (c) proof of a foreign driver’s license sufficient to lawfully enable you to operate a motor vehicle in the State of California as further described in Section 2.1.6 below.
2.1.3 You hold a valid credit or debit card in Your own name accepted by Blink Mobility and a bank account in Your own name with the authority to set up direct debit payments, for the entire duration of Your Contract and in order to allow the automatic renewal.
2.1.4 You do not owe any money to Blink Mobility.
2.1.5 You must certify that You have the mental and physical capacity to competently, safely and lawfully operate a motor vehicle.
2.1.6 Acceptable Foreign License Proof. If you hold a driver’s License issued by a foreign country, you must, at the time of enrollment, supply to us proof, to our satisfaction, that you possess a currently valid (a) driver’s license issued from your country of residence; (b) your International Driver’s Permit; as well as (c) your passport; and (d) any other evidence or information requested by Blink Mobility to establish that you may lawfully operate a Blink Mobility Car throughout the Membership period. In all cases, you must comply with all California and local laws regulating the ability to lawfully operate a motor vehicle. For the avoidance of doubt, a holder of a provisional drivers’ license (or a permit) is not permitted to become a Member.
2.2. Blink Mobility Community Membership is available to qualifying low-income individuals at the discounted rates as detailed in Schedule 1. To qualify for the Community Membership, you will be required to upload proof of income or proof of Your participation in one of the qualifying public assistance programs as detailed in Schedule 1, at the time of Your registration. Thereafter, you will be required to upload the qualifying documents annually to ensure Your continued eligibility. Blink Mobility reserves the right to modify the low-income eligibility requirements, including the list of qualifying public assistance programs at any time without notice.
2.3 If You meet the Eligibility Criteria, you can apply to become a Member by:
2.3.1. completing the Membership application process on the Blink Mobility Mobile App or the Blink Mobility website.
2.3.2. paying the first installment of the Membership fee, if any, using a valid bank issued debit card or major credit card (the “Payment Card”).
2.3.3 setting up a direct debit authorization which authorizes Blink Mobility to withdraw all future installments of the Membership fees corresponding with Your selected Membership type, all Rental Fees due, all surcharges, tolls (including, without limitation, any FasTrak charges), fines and tickets issued against the Blink Mobility Car during any Rental Period, any Additional Fees, Penalties and damage charges that may become due, the reasonable expenses incurred by Blink Mobility in recovering any amounts due from the Member (including legal expenses or fees or the use of third parties to collect any Fees owed by the Member to Blink Mobility, and any late payment interests due (collectively referred to as “ Fees ”) chargeable from Your bank account;
2.3.4 authorizing Blink Mobility to pre-authorize the applicable Membership fees on Your Payment Card for the security deposit in accordance with section 6.1.
2.4. You authorize Blink Mobility, at any time, to verify the status of Your driving license. Holders of an expired, suspended, cancelled, withdrawn, restricted, or otherwise invalid driving license or whose driving license has been lost or stolen are not eligible to register for the Membership. If at any time during the Membership a Member loses his or her driving license, or the Member’s driving license is stolen, expires or is suspended, cancelled, withdrawn, restricted, otherwise becomes invalid or ceases to meet the Eligibility Criteria, the Member must notify the Customer Relations Center as soon as possible. Blink Mobility reserves the right to suspend or terminate Membership of any person whose driving license has become invalid during the Membership. Members who drive Blink Mobility Cars without a valid license will not be eligible for Insurance Coverage and will be liable for any and all damages arising out of their use of the Blink Mobility Cars or Services.
2.5. You authorize Blink Mobility, at any time, to verify Your driving record, and Blink Mobility reserves the right to deny Membership to any person based on the content of that person’s driving record, including without limitation, arrests or charges in relation to vehicle operation, including those which have yet to be fully adjudicated or did not result in a charge or prosecution.
2.6. You authorize Blink Mobility, at any time, to check Your credit and/or other equivalent data sources that identify any risk associated with provision of any Blink Mobility Services to You. We may decline to provide Blink Mobility Services to You, or cease providing Blink Mobility Services already underway, based upon the results of such checks.
2.7. You acknowledge and agree that meeting the Eligibility Criteria does not automatically entitle You to become a Member or to use the Blink Mobility Services, and approval of Your application to become a Member is at Blink Mobility’s sole discretion. Such approval may be subject to additional criteria imposed by either Blink Mobility or its insurers, from time to time. Blink Mobility will notify You of its approval or rejection of your Membership application via email.
2.8. In the event that Blink Mobility rejects Your application for Membership, you agree that Blink Mobility will retain the first installment of the Membership fees as administrative charges.
2.9. For annual members, payments are automatically charged to the Payment Card on a monthly basis. Whenever the amount owed on a Membership exceeds $50, Blink Mobility may charge the Payment Card on an earlier date without advance notice to You. You will be informed of this payment by text message or email. Blink Mobility may suspend access to the Services if You refuse to pay the advance payment, or if there are insufficient funds on the Payment Card, or while payment is pending.
2.10. IN THE EVENT THAT YOU OVERDRAW YOUR ACCOUNT AFTER ENROLLMENT, WE ARE NOT LIABLE FOR OVERDRAFT CHARGES, OR FOR ANY OTHER LOSSES OR LIABILITIES WHICH YOU MAY INCUR AS A RESULT. IF THE AUTHORIZATION OBTAINED AT ENROLLMENT EXCEEDS THE ACTUAL CHARGES INCURRED IN RELATION TO THESE TERMS AND CONDITIONS, THERE MAY BE A DELAY BETWEEN THE TIME THAT THE CHARGES ARE RECEIVED BY YOUR CARD ISSUER AND THE TIME THAT THE CARD ISSUER RELEASES THE FUNDS. WE MAY AUDIT ALL CHARGES WE ASSESS AND IF ERRORS ARE FOUND, YOU WILL PAY THE CORRECTED CHARGES. YOU AUTHORIZE US TO CORRECT ALL CHARGES WITH THE CARD ISSUER.
3.3. When You apply for Membership, You are required to select Your Membership type from the options set out in Schedule 1 of these Terms and Conditions.
3.4. You are only permitted to have one Membership at a time and any application for a simultaneous Membership will be null and void.
3.5. “Membership Date” means the date selected by Blink Mobility when each of the following has been accomplished:
3.5.1. You have agreed to these Terms and Conditions and selected Membership type with the corresponding charges set out in the Rate Offer in Schedule 1.
3.5.2. The Customer Relations Center confirms that Blink Mobility has received and approved all of the required documentation for Membership.
3.5.3. We have sent You Your Blink Mobility Membership Card if You have opted to use a Blink Mobility Membership Card for the Blink Mobility Services.
3.5.4. The amount of Membership fees due to finalize the application has been received by Blink Mobility.
3.6. “Activation Date” means the date selected by You upon which date the Blink Mobility Services are first eligible to be used by You, which date shall be no later than thirty (30) days after the Membership Date. If You have not selected an Activation Date, the Membership Date will be considered as Your Activation Date.
3.7. Your Membership will start on the Activation Date and will automatically renew each month, on the same day of the month as the Activation Date (“Renewal Date”), until otherwise terminated by You or us in accordance with the Contract.
3.8. If you wish to terminate Your Membership, you must select the option to cancel Membership in your Member Account, or contact the Customer Relations Center with your request to cancel Membership. After submitting your request for cancelation, Your Membership will effectively end on the upcoming Renewal Date. Unless You terminate Your Membership in accordance with this section, a new Membership fee will become due on the Renewal Date.
3.10. The Contract will commence on the Membership Date or the Activation Date and continue until terminated by either Member or Blink Mobility in accordance with Section 3 of these Terms and Conditions.
3.11. Your Membership is personal to You and is non-transferable. You must not, under any circumstances, permit any other person to use the Blink Mobility Service under Your Membership. Permitting a third party to use your Membership will result in: (i) loss of insurance coverage and you being held responsible for any loss or damages occurring out of the third party’s use of your Membership; and (ii) immediate revocation of your Membership.
3.12. Upon completion of the Membership application process, Blink Mobility will send You a Blink Mobility Charging card which You must use to initiate a charge session at a Blink Mobility Charging Point (“Blink Mobility Charging Card”) as further described in the User Guide.
3.15. In the event that Your Blink Mobility Charging Card is lost, stolen or damaged, You must notify Blink Mobility immediately. If the Blink Mobility Charging Card is lost, or if the Blink Mobility Charging Card is damaged to the extent that a replacement is required, You will be liable to pay a Penalty as set out in Schedule 1.
3.16. Blink Mobility may amend the Contract at any time due to changes in Applicable Law and/or tax and such amendments shall be effective on the date Blink Mobility sends you a notification about the changes. In addition, Blink Mobility may amend the Contract at any time for any other reason including, without limitation, by changing Penalties and Fees, by way of 30 days’ prior written notice to its Members. Otherwise, Blink Mobility will not change the amount of the rental Fee more than twice in any year, and will not increase either the rental Fee or the Membership Fee by more than 12% of the current fee.
3.17. If You do not wish to be bound by such changes, You are entitled to terminate Your membership within thirty (30) days of Blink Mobility’s notice to amend the Contract.
3.18. Termination pursuant to section 3.17 above will release You from Your obligation to pay all Membership Fees that would apply to any period after the effective date of termination.
3.19. Notice to Members of any amendments will be delivered through a message in the Members’ Accounts on the Blink Mobility website and the delivery date will be the date on which such amendment was posted. You will also receive an email notifying you that you have a message in Your Account.
3.20. Termination for Cause:
Blink Mobility may terminate Your Membership and the Contract with an immediate effect by giving You a written notice: (a) where an Additional Fee or Penalty becomes payable in any of the circumstances set out in Schedule 1; or (b) if You do not pay any Fees due to Blink Mobility within 30 days of receipt of a formal notice sent to You by Blink Mobility informing You that such Fees are outstanding. Blink Mobility may send this notice via email, by text message or by an alert in Your Member Account. Any termination under this section 3.20 does not affect Blink Mobility’s right to charge the late payment interest on any outstanding amounts; or (c) if You materially breach any term or condition in the Contract. However, where it is possible for You to remedy the breach, we will give You a notice of this and allow You fourteen (14) days to remedy the issue before exercising our right to terminate; or (d) if You are involved in an accident involving a Blink Mobility Car that leads Blink Mobility to reasonably conclude that You are not suitable for continuing Membership; or (e) if You engage in any activity or conduct that Blink Mobility, in its reasonable opinion, determines to be inappropriate, negligent, unacceptable, offensive or abusive; or (f) if You cease to fulfill any of the Eligibility Criteria; or (g) if You intentionally or recklessly make any false or misleading statement to Blink Mobility; or (h) if You permit any other person (other than a Blink Mobility representative) to drive a Blink Mobility Car during Your Rental Period; or (i) if You share Your Blink Mobility Charging Card to allow a third party to iniate a charge session at a Charging Point.
3.21. Blink Mobility may also, at its sole discretion, terminate or suspend Your Membership without cause, and Your future use of any Blink Mobility Services may be denied. Please refer to Schedule 1 for further details on this.
3.22. If Blink Mobility suspends or terminates Your Membership for cause, Blink Mobility will not reimburse any funds to You. Following such suspension or termination, You will remain responsible for unpaid Membership fees and other amounts due for the remainder of the previously purchased Membership Period, as well as outstanding amounts arising from any other obligation that these Terms and Conditions impose on You. In addition, Blink Mobility may, at any time, determine in its sole and absolute discretion that in addition to termination of a current Membership, Your future use of any Blink Mobility Services may be denied.
3.23. Termination without Cause: Blink Mobility may terminate or suspend any Blink Mobility Membership, at any time, for any reason whatsoever. In the event that Blink Mobility terminates Your Membership pursuant to this section, Blink Mobility’s sole and complete responsibility to You shall be to refund, within thirty (30) business days of the termination date, a pro-rata portion of any unused Membership purchased for which payment has been previously advanced.
4. USE OF BLINK MOBILITY SERVICE
ALL BLINK MOBILITY CARS ARE EQUIPPED WITH AUDIO AND VIDEO RECORDING DEVICES, BY UTILIZING THE BLINK MOBILITY SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND CONSENT TO BLINK MOBILITY’S AUDIO AND VIDEO RECORDING OF YOUR ENTIRE TRIP WITH BLINK MOBILITY.
4.1 Reservation of Blink Mobility Cars and Parking Spaces:
4.1.1 As part of Blink Mobility service, a Member can reserve a Blink Mobility car at the place of the trip origination and a parking spot at the place of destination. Depending on the date and time as well as the location of the Station, Blink Mobility may charge a fee for the reservation as fully described in Schedule 1. While reservations are not required to use Blink Mobility service, they are encouraged.
4.1.2 After a Blink Mobility Car has been reserved, You have 30 minutes to arrive at the selected Blink Mobility Station and start your rental through the Blink Mobility App. If the Blink Mobility Car has not been rented within the reservation period and You have not cancelled Your reservation within the reservation period, You will be charged a Penalty as set out in Schedule 1.
4.1.3. If You fail to collect a Blink Mobility Car that You have reserved on three consecutive occasions within a 24-hour period, You will be suspended from the Blink Mobility Service for 24 hours from the time of the final failure to collect.
4.1.4 If You cancel Your Blink Mobility Car reservation within the reservation period, you will not be permitted to reserve another Blink Mobility Car for a period of 10 minutes from the time of cancellation and the reservation fee will still be charged.
4.1.5 After a Blink Mobility Parking Space has been reserved, You have 45 minutes to park at the reserved Blink Mobility Parking Space. After this period has elapsed, the Blink Mobility Parking Space will be released.
4.1.6. As Blink Mobility is a self-service operation, Blink Mobility will not be responsible to You if a Blink Mobility Parking Space is unavailable at any particular location or if We are unable to honor the reservation of a Blink Mobility Parking Space, in the event of an occurrence outside of Our control (such as the parking or standing by an unauthorized vehicle or person). However, if this does occur, please contact the Customer Relations Center and the representative will try to direct You to the next available Blink Mobility Parking Space. You will be allocated an additional fifteen (15) minutes rental free period to get to such Blink Mobility Parking Space and if You paid a reservation fee – it will be refunded to You.
4.2 Rental Packages. From time to time, Blink Mobility App will make a special offer to Members inviting to take advantage of a Rental Package by renting a Blink Mobility car for a certain period of time at a discounted pre-set price. The Blink Mobility App will display a choice of the Packages, depending on the availability. To take advantage of the Rental Package, Members will have to confirm their selection and accept the price and the rental, hereby reaffirming their acceptance of and compliance with these Terms and Conditions. More details about Rental Packages are stated in Schedule 1.
4.3 Starting a rental from the Blink Mobility App. Members will be able to start their rentals from the Blink Mobility App directly. You will select “Rent” and “Confirm” to begin your rental session. Once the rental is confirmed, a billing grace period will be granted to You for completion of the vehicle inspection. Upon expiration of the grace period, billing will begin for the rental. If You start the Car before expiration of the grace period, your billing will instead begin from the moment the Car is started. Every time you begin your rental through the Blink Mobility App, you reaffirm your acceptance of and compliance with these Terms and Conditions.
4.4 Waitlist. Upon introduction of the Waitlist feature to the Blink Mobility App, Members will be able to, in the event of unavailability of a Blink Mobility Car or a parking spot at the desired Charging Station choose one or several Stations of interest for the purposes of making a reservation. Once the choice is made, Blink Mobility App will display the price associated with this reservation and You will need to confirm and accept it in order to proceed. If confirmed, Blink Mobility App will automatically reserve for You a Blink Mobility Car or a parking spot as soon as they become available at the desired Station. If necessary, You can cancel the Waitlist option at any time.
4.5 The maximum rental period allowed is 24 hours. If Your rental period exceeded 24 hours, You must immediately return the Blink Mobility Car to the nearest Charging Station.
4.6 Restrictions on Use:
4.6.4 You must operate Blink Mobility Cars responsibly and with all due care and attention.
4.6.5 You must, at all times, comply with all Applicable Law, rules, regulations, policies and restrictions relating to Your use of Blink Mobility Cars.
4.6.6 You must complete an exterior and interior inspection of the Blink Mobility Car before departing the Blink Mobility Station. If the Blink Mobility Car is damaged or unclean, or if any of the Car’s Accessories and Onboard Documents are missing, You must report the damage via the Blink Mobility App during the exterior and interior inspection process before starting the Car. Failure to report damage, uncleanliness or missing items prior to departure from the Blink Mobility Station will result in You being charged a Penalty in respect of such damage or uncleanliness or missing items.
4.6.7 You must take all reasonable care of the Blink Mobility Car. Excluding ordinary wear and tear, You must return the Blink Mobility Car to us in the same condition as when You received it.
4.6.8 You are required to maintain the cleanliness of the Blink Mobility Car and it is Your responsibility to remove all trash and all your personal belongings when returning a Blink Mobility Car and to otherwise leave the Blink Mobility Car in a clean condition for the next user. Blink Mobility shall not be responsible for any loss of your personal belongings in the event that you fail to remove such belongings prior to returning the Blink Mobility Car.
4.6.9 Whenever accessing or using the Blink Mobility Service, You shall carry valid driving license or other certification permitting You to drive a car in California as described in these Terms and Conditions. We, including, without limitation our staff, reserve the right to request that You present a valid ID and proof of your Blink Mobility membership, to verify that You are the Member who has been authorized to possess and operate the Blink Mobility Car.
4.6.10 You must ensure that the Blink Mobility Car remains locked, secure and parked in a safe location when it is not being driven, with all windows fully shut and the trunk closed.
4.6.11 You must at all times maintain possession of Your Blink Mobility Charging Card and will not share Your Blink Mobility Charging Card with any third party.
4.6.12 You and all passengers must use seat belts. If transporting children under 4’9 feet tall, they must be transported in the rear seat of the Blink Mobility Car in a child booster seat. A child booster seat is not provided by Blink Mobility. You are fully and solely responsible for the lawful and safe installation and usage of such child booster seat and for verifying that such use is lawful in the manner utilized.
4.6.14 You may not access or operate a Blink Mobility Car or allow anyone to access or operate it:
(a) if a Blink Mobility Car’s battery state of charge falls below twenty percent (20%) or40 miles );
(b) outside of the Blink Mobility Zone;
(c) to learn how to drive or to train another to drive;
(d) to transport animals (excluding service animals necessary to accommodate a disability);
(e) while engaging in any activity that would cause a Blink Mobility Car’s interior to become soiled, wet, smelly or otherwise uncomfortable for the next user;
(f) to transport passengers or goods for a fee;
(g) to act as a courier;
(h) to be operated by anyone other than You whether or not for a fee;
(i) as a for-hire vehicle as part of a transportation network company or any other for-hire or commercial purposes;
(j) so as to be pushed or pulled for any reason whatsoever;
(k) to tow or push any vehicle, trailer, or any other object;
(l) outside normally maintained paved roadways or roadways suitable for a Blink Mobility Car;
(m) to attach any items to the outside of a Blink Mobility Car;
(n) while placing any Advertising outside or within a Blink Mobility Car. “Advertising” includes but is not limited to any language, shape, and/or image intended to inform the public or attract their attention, whether commercial, informational (private or commercial), cultural, or political;
(o) to transport objects or substances (not limited to hazardous, flammable, corrosive, toxic, explosive, ionizing, or combustible materials) that, due to their nature or odor, may damage a Blink Mobility Car and/or delay the ability to make the Blink Mobility Car available again or otherwise could create a hazardous situation for Yourself or others;
(p) to participate in automobile races, rallies, trials, or any other competitive event;
(q) in violation of traffic laws or other laws and regulations, including through toll, car pool or fast track lanes without complying with applicable payment and other requirements;
(r) when a Blink Mobility Car is loaded beyond the manufacturer’s stated passenger and cargo capacity: a Blink Mobility Car is only designed to support (a) up to five passengers, including the driver, and (b) a load that should not exceed 850 pounds of total weight from passengers and cargo. Overloading the car may inhibit its safe or normal function;
(s) when suffering from excess fatigue;
(t) when under the influence of alcohol, drugs, medication, or any other legal or illegal substance that might alter or impair Your ability to safely and lawfully operate a Blink Mobility Car;
(u) while smoking, eating, drinking or illegally using drugs in a Blink Mobility Car;
(v) for any illegal purpose or for the commission of any crime, including the illegal conveyance of persons, drugs or contraband, or weapons;
(w) to destroy, damage, or aid in the theft of a Blink Mobility Car;
(x) to disassemble, service, or repair, any Blink Mobility Car or access any internal mechanical or electric component within a Blink Mobility Car;
(y) if a Blink Mobility Car has been obtained by fraud or misrepresentation; and
(z) if You are in violation of any of these Terms and Conditions and such failure to comply with these Terms and Conditions will give rise to Your full indemnification of Blink Mobility for any resulting harm or damage that may occur.
4.7 Maintaining the battery charge of the Blink Mobility car above 20% or 40 miles is critical. If during Your Rental Period the battery level falls under 20% or 40 miles, you must call Customer Service for instructions on where to terminate the rental. If the battery level falls below 10% or 20 miles, Blink Mobility reserves the right to manually end Your Rental Period and retrieve the Blink Mobility car in order to take it to the nearest Blink Mobility Station and recharge it.
4.8 At the time of registering for Blink Mobility Membership, You will be asked to provide your mobile phone number. By providing Your mobile phone number to Blink Mobility, You agree and acknowledge that Blink Mobility may send You text messages to Your mobile phone number for any purpose, including marketing purposes. You agree that these text messages may be regarding the products and/or services that You have previously purchased as well as products and/or services that Blink Mobility may market to You, including products or services of its partners and vendors. You acknowledge that this consent may be revoked at Your request but that until such consent is revoked, You consent to receive text messages from Blink Mobility and/or its partners and vendors on your mobile number.
5. PAYMENT OF FEES
5.1 In order to enroll in the Blink Mobility service, You must provide a valid Payment Card that (i) has been issued to You; (ii) has an expiration date at least fourteen (14) days following the conclusion of the Membership Period for the Membership type that You selected; and (iii) unless prohibited by law, You have authorized, and hereby do authorize, Blink Mobility to charge the Payment Card for all Fees due to Blink Mobility as specified in these Terms and Conditions even after the expiration of Your Membership.
5.2 As a condition to, and in consideration of, Your enrolment in Blink Mobility, You agree to pay all Fees if and when they become due, and unless prohibited by law, You authorize Blink Mobility to charge Your Payment Card for all Fees.
5.3 You agree that You presently are and will in the future remain current with Your payment obligations to Blink Mobility even after the Membership is terminated and that Blink Mobility may charge Your Payment Card for any outstanding Fees after Your Membership Period has expired.
5.4 Blink Mobility will deliver periodic invoices to the Member. Such invoices will set out all Fees due to Blink Mobility as of the date of that invoice or paid to Blink Mobility since the later of: (i) the date of the previous invoice delivered to the Member, and (ii) the Activation Date. You may access all invoices via Your Account. You may request hard copies of invoices at an Additional Fee.
5.5 Blink Mobility reserves the right to temporarily suspend your Membership after any rental longer than 8 hours until the payment for this rental has been received by Blink Mobility.
5.6 You must amend Your contact and other account information (including the Member’s payment information) on the Member Account whenever it changes so that information available to Blink Mobility is up to date throughout the entire duration of the Contract, and in particular before You reserve or rent a Blink Mobility Car.
5.7 If Your current Payment Card is cancelled during the term of this Contract, You must update Your Payment Card details via the Member Account on the Blink Mobility Website immediately upon cancellation of Your current Payment Card. For Payment Cards due to expire, this update must take place at least fourteen (14) days prior to the expiration date and in any event, no later than upon receipt of the new Payment Card.
5.8 You shall ensure that there are sufficient funds in Your bank account for payment of the Membership Fee, Rental Fees, Additional Fees, Penalties and/or any other amounts that might be due to Blink Mobility under this Contract and shall provide Blink Mobility with an alternative method of payment if such funds are not available or if Your Payment Card is cancelled by You or Your bank.
5.9 If we are unable to withdraw funds from Your account, we will send You a text message informing You of the issue. We may make a second and third attempt to withdraw funds from Your account if the first failed attempt. We may suspend Your Membership after the second failed attempt to withdraw funds from Your account until You have provided us with up to date payment information and paid us any monies owed to us. We will always let You know when we suspend Your Membership. You will also be charged an Additional Fee by way of an administration fee if a payment that is due to us from You is dishonored by Your bank or bounces.
5.10 Blink Mobility shall not be responsible for any overdraft or other fees charged by the Member’s Payment Card company or bank.
5.11 All Fees under this Contract shall be paid in full without any set-off, counterclaim, deduction or withholding.
5.12 Blink Mobility may, in Blink Mobility’s sole discretion, create promotional codes that may be redeemed by Members and credited against Fees, subject to any additional terms that Blink Mobility establishes on a per promotional code basis (” Promotional Code “).
5.12.1 You agree that Promotional Codes: (a) are unique to the Member to whom they are issued, are non-transferable, and can only be used by the Member to whom they are delivered; (b) must only be used for the intended purpose, and in a lawful manner; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Blink Mobility; (d) may be disabled by Blink Mobility at any time for any reason without liability to You; (e) may only be used pursuant to the specific terms that Blink Mobility establishes for such Promotional Code; (f) are not valid for, and cannot be exchanged for, cash; and (g) may expire prior to Your use of the Promotional Code. Blink Mobility reserves the right to withhold or deduct credit against Fees or other features or benefits obtained through the use of Promotional Codes by You in the event that Blink Mobility determines or believes that the use or redemption of the Promotional Codes was in error, fraudulent, illegal, or in violation of the applicable Promotional Code’s terms or these Terms and Conditions.
5.13 Collections. Blink Mobility reserves the right to assign a delinquent Member account to a third-party collection agency. If you fail to make your account current promptly, Blink Mobility and / or its collections partner reserve the right to report this delinquency to credit bureaus and charge interest on the amount due in accordance with the applicable law. You acknowledge and agree that Your personal information may be shared with the third-party collection agency for the purposes of collecting debt owed to Blink Mobility.
6. SECURITY DEPOSIT AND PREAUTHORIZATION
6.1 When You are becoming a Member, Blink Mobility may, at its sole discretion, require You to instruct Your bank to pre-authorize a Security Deposit for Blink Mobility’s benefit. The amount of the Security Deposit will not be debited by Blink Mobility except in the circumstances set out below. However, the amount of the Security Deposit will be unavailable to You to withdraw from Your account until released by Your bank.
6.2 The amount of the Security Deposit shall be determined by Blink Mobility based on Your rental history and payment record. The maximum amount of any Security Deposit is equal to the highest total Rental Fees paid by You in any two calendar months (including where such calendar months are not consecutive).
6.3 Any Security Deposit pre-authorized by You will be withdrawn by Blink Mobility in the event of:
6.3.1 non-payment by You of any Fees or other sums due to Blink Mobility;
6.3.2 failure by You to return a Blink Mobility Car; and/or
6.3.3 payment of damages for which You are liable under this Contract, including any Additional Fees and Penalties that may become due.
6.4 In the absence of any outstanding balance at the termination of Your Membership, the security deposit will be returned to You within fourteen (14) days after the Membership terminates. The security deposit bears no interest.
6.5 At the time of Rental, Blink Mobility may place a preauthorization hold on your payment card.
7. TRAFFIC AND PARKING VIOLATIONS AND FINES
7.1 You are personally responsible for Your breach of any applicable traffic and motor vehicle rules and regulations when using a Blink Mobility Car. You are also personally responsible for any breach of any parking laws, rules and regulations when using a Blink Mobility Parking Space.
7.2 You must pay all tickets, surcharges, tolls, fines or penalties arising in connection with Your use of a Blink Mobility Car. You are responsible and liable for each ticket, surcharge, toll, fine or penalty to the appropriate authorities. When Blink Mobility is notified about any Member’s ticket, surcharge, toll, fine or penalty, Blink Mobility will pay the relevant amount on behalf of the Member who incurred it and will then charge that Member’s Payment Card. When You are notified about a ticket, surcharge, toll, fine or penalty related in any way to your use of Blink Mobility Service, You must notify the Customer Relations Center within 3 days of Your receipt of the relevant ticket, surcharge, toll, fine or penalty and settle these charges directly with the issuing authority. You will be responsible for any penalties incurred from your failure to notify Blink Mobility of the ticket, surcharge, toll, fine or penalty.
7.3 In the alternative, Blink Mobility may elect to provide your personal identifiable information to the issuing authority and direct the issuer of the fine, penalty, toll or a ticket to settle the charges with You directly.
7.4 You acknowledge and agree that Blink Mobility may provide Your identity details and personal information to any law enforcement authorities or any authority that issued a ticket, fine or a penalty Blink Mobility reasonably believes is attributable to Your rental, on request and/or otherwise in connection with any alleged breach of Applicable Laws by You.
7.5 You must pay Blink Mobility the Penalty specified in Schedule 1 for each ticket and fine issued to Blink Mobility for the Blink Mobility Car used by You during the Your Rental Period to cover Blink Mobility’s reasonable administrative costs in handling receipt of such ticket and/or fine.
7.6 If You cause a Blink Mobility Car to be immobilized or clamped, or towed for breach of any Applicable Laws, You will be liable to Blink Mobility as if You had abandoned the Blink Mobility Car and You must pay to Blink Mobility the Penalty specified in Schedule 1. You will also be liable to reimburse Blink Mobility for any fees or expenses paid to the relevant parking or towing authority or private operator of the relevant parking or towing facility.
7.7 Blink Mobility also reserves the right to retain a third-party company to monitor for, process and handle all tickets, fines and fees incurred by Blink Mobility Members while driving Blink Mobility Cars. You acknowledge and agree that Blink Mobility may share your personal information with such a third-party company for the purposes of handling tickets and fines incurred by You while driving a Blink Mobility Car. If You fail to pay Your tickets, fines and fees promptly, You may be charged a processing fee by the third-party company retained by Blink Mobility to handle the tickets, fines and fees on its behalf.
8.1 Subject to the applicable exceptions and specific terms and conditions of the policy providing coverage, the Insurance Coverage provided by Blink Mobility insures You against liability to a third party caused by or arising out of Your use of a Blink Mobility Car on the road in accordance with the terms of the Contract, in respect of death, personal injury and/or damage to property suffered by such third party.
8.2 Subject to Section 8.1, Blink Mobility does not warrant or represent that the Insurance Coverage is comprehensive or sufficient to meet Your needs.
8.3 Blink Mobility maintains third-party liability insurance for itself consistent with the State of California compulsory minimum financial responsibility requirements.
8.4 You acknowledge and agree that the Insurance Coverage may not cover in whole or in part, Your liability to Blink Mobility or to a third party, including for damage to a Blink Mobility Car, injury to You, injury to other people, and/or damage to or loss of You property or a third party’s property, and that despite the Insurance Coverage, You may be liable directly to Blink Mobility and/or any third party to whom You have caused damage, injury or loss through Your use of the Blink Mobility Service. For the avoidance of doubt, the Insurance Coverage does not cover any damage to or loss of Your property through the use of the Blink Mobility Service.
8.5 Moreover, You acknowledge and agree that the Insurance Coverage will not cover you in a number of cases, including, without limitation:
– using a Blink Mobility Car by any other person other than the Member;
– using the Blink Mobility Service without a valid driving license;
– using the Blink Mobility Service while under the influence of drugs or alcohol;
– using the Blink Mobility Service outside the Blink Mobility Zone;
– participating in automobile races, rallies, trials or any other competitive event, and more generally, acting, driving a Blink Mobility Car or using the Blink Mobility Service inconsistently with the Contract as a whole, and
– making a false statement to the Insurer.
– using a Blink Mobility Car in a way that violates these terms and conditions.
8.6 You acknowledge that the availability to You or any third party (including any passenger in a Blink Mobility Car operated by You) of a claim under the Insurance Coverage does not affect Blink Mobility’s right to bring a claim against You in respect to the damage caused by You resulting from a breach of this Contract, the insurance documentation referred to in this section, and/or Applicable Laws, except as set out in this section.
8.7 The circumstances referred to in the preceding section (in which Blink Mobility may bring a claim against You for any loss that Blink Mobility suffers as a result of damage to any Blink Mobility Car arising during a Rental Period) are where the damage arose as a result of or in connection with any: (a) breach of the Contract by You; (b) unlawful activity undertaken by You; (c) misrepresentation by You (either to Blink Mobility or in any accident report, insurance claim or police report); (d) improper use of a Blink Mobility Car (e.g. transport of flammable materials or explosives or use of a Blink Mobility Car as a for-hire vehicle or any other commercial purpose); (e) willful damage; (f) use of a Blink Mobility Car by anyone other than by You; and (g) failure to lock the doors and trunk of the Blink Mobility Car when it is unattended.
8.8 Blink Mobility reserves the right, at any time, without notice to You, to modify the Blink Mobility Insurance Coverage so long as it complies with the minimum standard of insurance coverage required by law to permit You to drive a Blink Mobility Car on the road.
8.9 In the event of any payment under this policy, Blink Mobility and its insurer are entitled to all the rights of the person to whom payment was made against another. That person must sign and deliver to Blink Mobility and its insurer any legal papers relating to that recovery, do whatever else is necessary to help Blink Mobility and its insurer exercise those rights and do nothing to prejudice the rights of Blink Mobility or its insurer.
8.10 When a person has been paid damages under the Blink Mobility Insurance Coverage and also recovers from another, the amount recovered from the other shall be held by that person in trust for Blink Mobility and its insurer and reimbursed to Blink Mobility and its insurer to the extent of any payment by Blink Mobility or its insurer.
8.11 Blink Mobility and its insurer may seek “subrogation” which is reimbursement from You in the event that You are at fault for an accident for which Blink Mobility or its insurer has provided payments to a third party for damages or injuries sustained by that third party.
8.12 In the event that You are at fault in an accident that triggers Blink Mobility’s Liability Insurance Policy, and if the third-party damages are greater than Blink Mobility’s insurance policy limits, You will be required to pay the difference between the third party’s actual damages and what Blink Mobility’s Insurance policy covered.
8.13 If there is another policy of insurance that may provide coverage for any third-party liability, including a personal automobile policy You may maintain, the insurance provided by Blink Mobility will be deemed excess to Your insurance to the extent permitted under California law.
9. RELEASE AND LIMITATION OF LIABILITIES; INDEMNITIES
9.1 Release of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF AND YOUR SUCCESSORS IN INTEREST (AS DEFINED BELOW) (COLLECTIVELY, “RELEASORS”), HEREBY RELEASE AND DISCHARGE US, OUR AFFILIATES (AS DEFINED BELOW) AND SUPPLIERS AND EACH OF OUR AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SUCCESSORS, ASSIGNS, AGENTS AND EMPLOYEES (COLLECTIVELY, “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS (INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, WAGES, SUPPORT, OR CONSORTIUM), INJURY, DEATH, DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES), COSTS, EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND COSTS), HARM, CLAIMS, OR CAUSES OF ACTION (INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, WRONGFUL DEATH AND/OR PROPERTY DAMAGE), ARISING OUT OF OR RELATING TO (I) THE USE OF A BLINK MOBILITY CAR OR ANY COMPONENT, FEATURE, ACCESSORY OR CONFIGURATION OF A BLINK MOBILITY CAR, (II) ANY ACCIDENT OR INCIDENT INVOLVING A BLINK MOBILITY CAR, (III) THE USE OF A BLINK MOBILITY STATION, BLINK MOBILITY CHARGING POINT, OR BLINK MOBILITY PARKING SPOT OR ANY EQUIPMENT OR ACCESSORIES THEREON, (IV) YOUR ACTS OR OMISSIONS, OR (V) YOUR OR YOUR PASSENGERS’ DAMAGE TO OR LOSS OF PERSONAL PROPERTY, IN EACH CASE (I) THROUGH (V), WHETHER IN STRICT LIABILITY, CONTRACT, OR TORT, REGARDLESS OF HOW SUCH INJURY, DAMAGE, OR LOSS MAY ARISE AND REGARDLESS OF WHETHER THE INJURY, DAMAGE, OR LOSS IS OCCASIONED IN WHOLE OR IN PART BY THE ACTIVE OR PASSIVE ORDINARY NEGLIGENCE OF ANY ONE OR MORE OF THE RELEASED PARTIES, OR ANY OTHER BREACH OF A LEGAL DUTY ARISING OUT OF COMMON LAW, STATUTE, OR CONTRACT.
9.2 Limitation of Blink Mobility’s Liability:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLINK MOBILITY HEREBY DISCLAIMS AND SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY OR THIRD PARTY, OR BE HELD RESPONSIBLE FOR ANY ECONOMIC, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, ENHANCED, AND EXEMPLARY DAMAGES, AND LOST PROFITS, ARISING OUT OF OR RELATING TO YOUR ACTS OR OMISSIONS, TO THESE TERMS AND CONDITIONS, OR TO ANY BREACH OF THESE TERMS AND CONDITIONS, REGARDLESS OF WHETHER FORESEEABLE OR UNFORESEEABLE, WHETHER CLAIMED UNDER CONTRACT, TORT, FAILURE OF WARRANTY, OR ANY OTHER LEGAL THEORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF BLINK MOBILITY TO YOU FOR ALL CLAIMS UNDER THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE FEES RECEIVED BY BLINK MOBILITY FROM YOU.
9.3 Disclaimer of Warranties:
YOU TAKE A BLINK MOBILITY CAR AS IS WITH ALL FAULTS. BLINK MOBILITY MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT BLINK MOBILITY CARS, STATIONS, OR BLINK MOBILITY CHARGING POINTS ARE FIT FOR ANY PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF AND YOUR SUCCESSORS IN INTEREST, AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, ACTIONS SUITS, PROCEEDINGS, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF OR RELATING TO YOUR USE OF BLINK MOBILITY SERVICE. YOU MAY PRESENT THE CLAIM TO YOUR INSURANCE CARRIER FOR SUCH EVENTS OR LOSSES; BUT IN ANY EVENT, YOU SHALL HAVE FINAL RESPONSIBILITY REGARDING ANY SUCH LOSSES AND TO ALL THIRD PARTIES.
9.5 Damage or Theft of Blink Mobility Car:
YOU ARE RESPONSIBLE FOR ANY AND ALL LOSS OF OR DAMAGE TO THE BLINK MOBILITY CAR THAT YOU CAUSE WHILE YOU ARE IN POSSESSION OF IT. SUCH LIABILITY IS LIMITED TO (1) LOSS OR DAMAGE TO THE BLINK MOBILITY CAR UP TO ITS FAIR MARKET VALUE RESULTING FROM COLLISION REGARDLESS OF THE CAUSE OF DAMAGE; (2) LOSS DUE TO THEFT OF THE BLINK MOBILITY CAR UP TO ITS FAIR MARKET VALUE; (3) PHYSICAL DAMAGE TO THE BLINK MOBILITY CAR UP TO ITS FAIR MARKET VALUE, RESULTING FROM VANDALISM OCCURRING AFTER, OR IN CONNECTION WITH, THE THEFT OF THE VEHICLE; (4) PHYSICAL DAMAGE TO THE BLINK MOBILITY CAR UP TO A TOTAL OF FIVE THOUSAND DOLLARS ($5,000) RESULTING FROM VANDALISM UNRELATED TO THE THEFT OF THE BLINK MOBILITY CAR; (5) ACTUAL CHARGES FOR TOWING, STORAGE AND IMPOUND FEES PAID BY US, IF YOU ARE LIABLE FOR DAMAGE, AND (6) AN ADMINISTRATIVE CHARGE.
For purposes of this section 9, “Affiliates” of Blink Mobility shall mean any natural person, firm, corporation, partnership, association, limited liability company, trust, or any other legal entity who, directly or indirectly, controls, is controlled by or is under common control with Blink Mobility, including, without limitation, any general partner, manager, managing member, officer, or director of Blink Mobility. For purposes of this section 9, “ Successors in Interest ” shall mean Your spouse, children, devisees, personal representatives, survivors, heirs, issue, assigns, creditors, successors, executors, administrators, legatees, insurers, estate beneficiaries and estate, any person wholly or partially dependent on You for support and maintenance, and any other person or entity acting for, on behalf of, or through You or having a property right in, or a claim against, a trust estate or the estate of a decedent.
9.7. The provisions of Section 9 set forth above shall relate to any and all claims and legal rights now existing or arising in the future, whether known or unknown. You acknowledge that You have read and understand Section 1542 of the California Civil Code which reads as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Releasors hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any claims Releasors may have against the Released Parties.
10. SERVICE INTERRUPTIONS
10.1 While Blink Mobility uses its reasonable efforts to make the Blink Mobility Service available, the 24/7 availability of the Blink Mobility Service is not guaranteed. Because the Blink Mobility Service is a self-service operation, Blink Mobility shall not be liable if: (a) a Blink Mobility Car or Blink Mobility Parking Space is unavailable at any particular location; (b) Blink Mobility is unable to honor a reservation for a Blink Mobility Car or Blink Mobility Parking Space in the event of an occurrence outside of Blink Mobility’s control, such as another Member failing to return a Blink Mobility Car at the end of their Rental Period or the parking of an unauthorized vehicle in the Blink Mobility Parking Space at the time reserved; or (c) Blink Mobility is unable to honor a reservation due to the Covid-19 pandemic.
10.2 If, for any reason, a Blink Mobility Service is Completely Unavailable for a period of more than 5 days, yearly Member’s sole remedy shall be Blink Mobility’s extension of the applicable Membership for an equivalent number of days that the Blink Mobility Service was Completely Unavailable.
11 DISPUTE RESOLUTION AND GOVERNING LAW
11.1 This Contract, and any legal suit, arbitration, action, or proceeding arising out of or related to this Contract, Your Membership, the Blink Mobility Services provided or to be provided and, generally, any act or omission involving You and Us, will be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether because of the State of Your residence or any other reason) that would cause the application of laws of any jurisdiction other than those of the State of California or that would apply any rule of construction that allows or directs that ambiguities be construed against the drafter of a contract.
11.2 AS PERMITTED BY THE FEDERAL ARBITRATION ACT (“FAA”), YOU AND WE AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE ADVERTISING OF OUR SERVICES, YOUR INDUCEMENT TO BECOME A MEMBER, , INCLUDING BUT NOT LIMITED TO CLAIMS OF OR RELATING TO UNLAWFUL, DECEPTIVE OR UNFAIR BUSINESS PRACTICES, MISREPRESENTATION, OR FALSE ADVERTISING, TERMINATION OF THE CONTRACT, OR THE VALIDITY OR BREACH THEREOF, WILL BE RESOLVED BY ARBITRATION IN LOS ANGELES COUNTY, CALIFORNIA, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER AAA’S CONSUMER ARBITRATION RULES, EXCEPT THAT, INSTEAD OF ARBITRATION, (A) YOU MAY ASSERT A CLAIM IN SMALL CLAIMS COURT IN LOS ANGELES COUNTY, CALIFORNIA IF THE CLAIM QUALIFIES FOR JURISDICTION IN SUCH COURT; AND (B) WE MAY BRING A CLAIM AGAINST YOU BASED ON THESE TERMS AND CONDITIONS IN SMALL CLAIMS COURT IN THE CALIFORNIA COUNTY OF YOUR RESIDENCE, IF YOU ARE A CALIFORNIA RESIDENT, OR ARE PHYSICALLY LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, IF YOU ARE NOT A CALIFORNIA RESIDENT. THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING ON ALL PARTIES,
EXCEPT FOR ANY RIGHT OF APPEAL PROVIDED BY THE FAA. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION OVER YOU. AAA’S CONSUMER ARBITRATION RULES ARE AVAILABLE ONLINE AT WWW.ADR.ORG. YOU MAY INITIATE A CLAIM AGAINST US IN ARBITRATION BY COMPLYING WITH RULE 2 OF THE CONSUMER ARBITRATION RULES LOCATED AT WWW.ADR.ORG.
11.3 Unless such power is reserved exclusively to the courts by law, the Arbitrator shall have the power to rule on any challenge to his or her own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT THAT YOU MAY HAVE TO GO TO COURT.
11.4 You have the right to opt out of this mandatory arbitration provision, which would enable You to litigate disputes in a court before a judge, if You deliver to Us, within thirty (30) days of the acceptance of these Terms and Conditions, an explicit instruction to opt out, hand-signed and dated by You, via certified mail, return receipt requested, addressed to Blink Mobility Legal Director, 555 West Fifth Street, Los Angeles, CA 90013. If We do not receive Your written notice within this time period, Your right to opt out will terminate and the provisions of this section will apply. If You exercise the opt-out option, You may commence any action arising from or related to these Terms and Conditions and the Contract only in the Small Claims Court or Superior Courts sitting in Los Angeles County, California or the Federal Courts of the Southern District of California, sitting in Los Angeles, California.
11.5 EXCEPT WHEN PROHIBITED BY LAW AND TO THE EXTENT NOT PREEMPTED BY THE FAA TO BE INCLUDED IN A CLASS ACTION WAIVER, NEITHER YOU NOR WE MAY SERVE AS A REPRESENTATIVE, A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY IN ANY LEGAL ACTION AGAINST BLINK MOBILITY, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND OWNERS. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, MASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE COURT OR ARBITRATOR, AS APPLICABLE, MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, MASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
11.6 Except for such claims prohibited by law to have their respective statutes of limitations shortened, in any claim against Us, You must file for Arbitration for damages relating to or arising directly or indirectly from these Terms and Conditions or the Contract, no later than two (2) years after any portion of Your claim has accrued. You hereby waive the right to file an action for any loss, damage or liability related to or arising directly or indirectly from these Terms and Conditions or the Contract under any state or federal statute of limitations that may be longer.
12. GENERAL TERMS
12.1 The Member acknowledges and agrees that ownership of the Blink Mobility Cars, Blink Mobility Car Accessories and Blink Mobility Onboard Documents remains with Blink Mobility at all times.
12.2 Nothing in this Contract is intended to, or shall be deemed to establish any partnership, agency or joint venture between any Member and Blink Mobility.
12.3. Only the Member and Blink Mobility have rights under this Contract. No other person shall have any rights under this Contract. The Member may not transfer or assign any of the Member’s rights or obligations under this Contract to any other person unless Blink Mobility agrees to this in writing before any such transfer. However, Blink Mobility may transfer its rights and obligations under this Contract to another organization at any time. Blink Mobility will notify You if it plans to do so.
12.4. The rights and remedies provided in this Contract are in addition to, and not exclusive of, any rights or remedies provided by law.
12.5. If Blink Mobility does not insist immediately that You do anything You are required to do under these Terms and Conditions, or if Blink Mobility delays in taking steps against You in respect of Your breaking this Contract, that will not mean that You do not have to do those things and it will not prevent Blink Mobility from taking steps against You at a later date. For example, if You miss a payment and Blink Mobility does not contact You immediately but continues to provide the Blink Mobility Service, Blink Mobility can still require You to make the payment at a later date.
12.6. The section headings in these Terms and Conditions are included for convenience only and shall not affect the interpretation of these Terms and Conditions.
12.7. Each of the sections of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them (or any part of any of them) is unlawful, the remaining provisions will remain in full force and effect.
12.8. The Member agrees that the Member shall have no remedies in respect to any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Contract.
12.9. Under California law, residents of the state of California are entitled to the following specific consumer rights information:
a) Company Name: Blink Mobility LLC Address: 555 West 5th Street, Los Angeles, CA 90013
Telephone Number: 1(888) 998-2546 ext. 4
b) Any charges imposed by Us can be found in these Terms and Conditions, including Schedule 1.
c) If You have any complaints regarding Our Services, You may contact our Customer Relations Center at
1(888) 998-2546 ext. 4, or, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
12.10. You consent to receive communications from Us in electronic form, and agree that all Terms and Conditions, notices, disclosures and any other communications that We provide to You electronically satisfy any legal requirement that such communications would satisfy if they were in a print-on-paper writing. By selecting the “I Accept” button where indicated, You are signing the Terms and Conditions electronically (“ Member E-Signature ”), and such selection constitutes Your legal signature, acceptance and agreement as if these Terms and Conditions were actually signed by You in writing and such E- Signature has the same force and effect as a manual signature.
1. RATE OFFER
1.1. The following summarizes the fees and other terms corresponding to each of the available membership options excluding any applicable sales and use taxes (“Rate Offer”).
Figures shown below shall be rounded to two decimal places.
$1.00 per month
$0.15 per minute
Twenty-five percent (25%) discount to Standard Membership Rental Fee
1.2. The Rental Fees are calculated on a pro rata basis, based on the rate set out in the table above, and the duration of the relevant Rental Period. The minimum rental period is fifteen (15) minutes, meaning that if You rent a Blink Mobility Car for less than fifteen (15) minutes, You will be charged Rental Fees as if You had rented that Blink Mobility Car for fifteen (15) minutes. Rental Fees are payable in addition to the Membership Fee and You cannot credit any instalments of the Membership Fee against the Rental Fee. For the purposes of calculating the Rental Fees: (a) any incomplete minutes in the Rental Period will be rounded up to the next minute; and (b) where the Rental Period is shorter than fifteen (15) minutes, the Rental Period will be rounded up to fifteen (15) minutes.
1.3 Blink Mobility rental fees are billed per minute of use of Blink Mobility cars under each Membership plan as fully stated in the Table above. From time to time, Blink Mobility App will display promotions and incentives when renting Blink Mobility cars at certain Stations or returning the rental to a certain Station. Members are able to take advantage of the special promotions and incentives by following the prompts within the Blink Mobility App. In addition, from time to time, Blink Mobility App may display a surcharge for renting a Blink Mobility car from or returning it to a particular Station. Members are able to either accept the surcharge and proceed with the rental or reject the surcharge and use a different Station for their rental.
1.4. If You do not follow the procedure for correctly returning the Blink Mobility Car the Rental Period may not end, and You will continue to be charged Rental Fees up to a maximum per Rental Period, even if You are actually no longer using the Blink Mobility Car. We therefore recommend that You wait in the vicinity of the Blink Mobility Car until You have received a text message or push notification from us, confirming that the Blink Mobility Car has been successfully returned, and that the Rental Period has ended.
1.5. All fees and charges listed in this Fee Schedule exclude applicable taxes, which will be added to the amounts charged to You by Blink Mobility.
2. RENTAL PACKAGES
2.1 From time to time, Blink Mobility App may display and offer a Rental Package allowing You to rent Blink Mobility Car for a predetermined period of time at the pre-set price. You will have an opportunity to either take advantage of the Rental Package offer by confirming it in the Blink Mobility App, or reject the offer and rent with the standard rates applicable to Your Membership.
2.2 The Rental Package price is not refundable. If You confirm the Rental Package, the entire Package price will be charged to Your account even if you end up returning the Blink Mobility Car earlier. The time left unused in the Rental Package is forfeited and cannot be attributable to a future rental. If, however, You keep using the Blink Mobility Car after the expiration of Your Rental Package, the standard per-minute rate attributable to your Membership will apply upon the expiration of the Rental Package. Coupons, free driving time or other promotions that may be available to You do not apply to the Rental Package offer but could be applied if You continue renting the Blink Mobility car after the expiration of the Rental Package.
2.3 You must remain within the Blink Mobility Zone even when taking advantage of the Rental Package.
3. PAID RESERVATION OF A BLINK MOBILITY CAR OR A PARKING SPOT
3.1 While reservations are not required to use Blink Mobility Service, they are strongly encouraged. While as a general rule, You can book a Blink Mobility Car or a parking spot free of charge, Blink Mobility reserves the right to charge a reservation fee, depending on the Station and date and time of the reservation. You can accept the charge and confirm the reservation at the time of making the reservation on the Blink Mobility App, on the Blink Mobility Website or inside the BlueCar on the built-in computer system. If You do not accept the charge – You can reject it and proceed to use Blink Mobility Service without the reservation.
3.2 Paid reservation of a Blink Mobility Car will remain valid for 30 minutes and paid reservation of a parking spot will remain valid for 45 minutes. Reservation fees are non-refundable even if You end up cancelling the reservation or never using the reserved car or parking spot. In addition, in case of non-use of the reserved vehicle or a parking spot, You will be charged a Penalty as stated below in Section 7 of this Schedule I. If, however, Your reserved Blink Mobility car or a parking spot becomes unavailable for any reason unrelated to You, Your reservation charge will be refunded to You.
3.3 The following price range could be charged for reserving a Blink Mobility Car or a parking spot:
Up to $2.25 per reservation, depending on the location of the Station and the date and time of the reservation
4. LOW INCOME MEMBERSHIP QUALIFICATION
You must meet the following criteria to qualify for the Blink Mobility Community Membership. You will be required to upload proof of eligibility during registration. You qualify if:
4.1 Your household’s total gross annual income is at or less than the following annual limits, and You are able to provide proof of income,
4.2. Or You belong to a verified public assistance or benefits program, and You are able to provide proof of participation.
4.3 The following documents are accepted as proof of eligibility for the Blink Mobility Community Membership. Documents must clearly show Your name, the name of agency, program, or benefit, and the date of issuance or expiration date.
You will have two weeks to provide Proof. Proof must have the recipient’s name, address and effective dates of award. May not be accepted if proof is inadequate.
5. ADDITIONAL FEES
The following Additional Fees will be imposed for the following events:
Chargeable Event : Request for paper copy of invoices
Charge per Occurrence: $5
6. DAMAGE CHARGE
Where, during a Rental Period a Blink Mobility Car is damaged (including but not limited to in a road traffic collision), and it is determined by the Blink Mobility Insurer that the Member was wholly or partially at fault for such damage, the Member shall pay to Blink Mobility the relevant Damage Charge. The amount of the Damage Charge payable is set out in the table below. Until the payment is received, the Member is suspended from using the Blink Mobility Service. The amount of the Damage Charge paid by the Member will be deducted from the amount due to Blink Mobility under Section 9.5 of the Terms and Conditions.
Accident : $2,000
Blink Mobility may charge the Damage Charge to Members’ payment cards in equal monthly increments. If in any given accident or incident caused in whole or in part by a Blink Mobility Member, Blink Mobility’s total damages are less than $2,000, Blink Mobility will only charge the amount of its actual damages. If Blink Mobility’s total damages are greater than the Damage Charge, Blink Mobility will charge the total amount of damages in lump sum or in equal increments, in its sole discretion.
For certain violations, acts or omissions or other failures to comply with the terms of the Contract, in addition to Blink Mobility’s right to terminate and/or suspend Member’s Membership, and the other remedies detailed in this Contract, the following penalties may be levied against the Member by Blink Mobility at its sole discretion. These penalties are non-exclusive, and shall be in addition to such other remedies as may be available to Blink Mobility under this Contract, at law, and in equity.
In addition, Blink Mobility may, at any time, determine that in addition to cancellation of a current Membership, Member’s future use of any Blink Mobility Services may be barred for a duration at Blink Mobility’s sole discretion.
During Membership suspension and following Membership termination by Blink Mobility due to Member’s misconduct or omission, Member shall continue to be liable for Membership charges and other fees applicable through the conclusion of the current Membership period, including any renewal period.
|Replacement of lost or damaged Blink Mobility Membership Card||
|Having made a reservation for a Blink Mobility Car, the Member fails to collect the reserved Blink Mobility Car or cancel the reservation within the reserved period||$5|
|Failure to return the Blink Mobility Car in accordance with the proper return procedure as set out in the User Guide (including, without limitation, failure to properly plug in the Blink Mobility Car and failure to park at a Blink Mobility Station)||$20
Notwithstanding the Penalty, a failure to return a Blink Mobility Car in accordance with these Terms and Conditions will result in the continuation of the Rental Period. Accordingly You will also continue to be charged Rental Fees, up to a maximum of $500 for that Rental Period. In addition to the above, You will also be liable for any penalties that may be imposed by the relevant authorities due to non-compliance with Applicable Laws.
|Abandonment of the Blink Mobility Car||$300
Notwithstanding the Penalty, an abandonment of a Blink Mobility Car is a failure to return a Blink Mobility Car in accordance with these Terms and Conditions which will result in the continuation of the Rental Period.Accordingly You will also continue to be charged Rental Fees, up to a maximum of $500 for that Rental Period.In addition to the above, You will also be liable for any penalties that may be imposed by the relevant authorities due to non-compliance with Applicable Laws.
|Failure to return a Blink Mobility Car to a Charging Point when the battery of the Blink Mobility Car is at 30% or less leading to the immobilization of the Blink Mobility Car||$300
Notwithstanding the Penalty, You will also continue to be charged Rental Fees until the Blink Mobility Car is retrieved and returned to the Blink Mobility Charging Point, up to a maximum of $500 for that Rental Period.
|Parking in a Blink Mobility Parking Space reserved by another Member||$25|
|Failure to stay with a broken down Blink Mobility Car resulting from or arising out of an accident or incident until repair services arrive (where there are no injuries and it is safe to do so)||$150|
|Failure to immediately report an accident or any incident involving the Blink Mobility Car (including, without limitation, theft or vandalism of the Blink Mobility Car) to Blink Mobility within two (2) days of any such accident or incident||$50
Notwithstanding the Penalty, Your Membership will be cancelled immediately, and You will not be permitted to re-subscribe to the Blink Mobility service for a period of 6 months from the date of the cancellation. In addition to the above, You will also be liable for any penalties that may be imposed by the relevant authorities due to non-compliance with the Applicable Laws.
|Using the Blink Mobility Service with an invalid driving licence||Your Membership will be cancelled immediately, and You will not be permitted to re-subscribe to the Blink Mobility service for a period of 12 months from the date of the cancellation. In addition to the above, You will also be liable for any penalties that may be imposed by the relevant authorities due to non-compliance with the Applicable Laws.|
|Using the Blink Mobility Service while under the influence of drugs or alcohol||$300
Notwithstanding the Penalty, Your Membership shall be cancelled immediately, and You shall not be permitted to re-subscribe to the Blink Mobility service for a period of 12 months from the date of the cancellation. In addition to the above, You shall also be liable for any penalties that may be imposed by the relevant authorities due to non-compliance with the Applicable Laws.
|Material omission or incorrect information given by the Member during the Membership application process||$50
Notwithstanding the Penalty, Your Membership shall be cancelled immediately, and You shall not be permitted to re-subscribe to the Blink Mobility Service for a period of 6 months from the date of the cancellation of membership.
|Failure to cooperate with Blink Mobility’s requests for information or assistance or failure to respond to repeated requests for information from Blink Mobility||Suspension or cancellation of Blink Mobility Membership at Blink Mobility’s discretion.|
|Threats, insults, violence, or profanity, directed at Blink Mobility personnel||Suspension or cancellation of Blink Mobility Membership at Blink Mobility’s discretion. In addition to the above, Blink Mobility reserves the right to commence legal proceedings against You.|
|Blink Mobility Car is impounded as a result of breach of any Applicable Laws by a Member||$1,000|
|Blink Mobility Car is returned in an unclean condition at the end of the Rental Period||$50|
|A fine is issued to the Blink Mobility Car by the relevant authorities during the Rental Period||$30 administrative fee.
In addition, You will also be liable for the fines that have been imposed by the relevant authorities due to non-compliance with Applicable Laws.
|Usage of Blink Mobility Car by another person than the member, observed by Blink Mobility’s personnel or relevant authorities||$100
Notwithstanding the penalty, Your Membership will be cancelled immediately, except in a case where Your Blink Mobility or TAP Card and/or PIN was stolen and only if Blink Mobility has been notified and provided with a copy of a police report that You filed. For the avoidance of doubt, You will not be permitted to re-subscribe to the Blink Mobility Service for a period of 6 months from the date of the cancellation of membership.
|Leaving the Blink Mobility Zone||$100
Notwithstanding the Penalty, You will also be liable for the applicable towing fees.
|Failure to update credit card information where the credit card used for the Security Deposit has been cancelled or expired||$30|
|Failure to pay Fees to Blink Mobility within 60 days of the due date||$25
Notwithstanding the Penalty, Your Membership shall be suspended until full payment of outstanding amounts including payment of this Fee is received by Blink Mobility.
|Direct Debit transaction is returned unpaid||$25|
|Cancellation of the Payment card without a replacement being provided in advance of such cancellation||$25|
Members will be notified of charges, penalties, suspension or cancellation of Membership by way of written notice through one of the following means:
1. Text message to the Members’ mobile number that has been provided by the Member during the application process; or
2. Email to the Member Email Address; or
3. Notification message in the Member’s Account
4. A letter sent to the Member’s residential address that has been provided by the Member during the application process.
Notice shall be deemed to have been duly served immediately if delivered personally or made by text message or electronic mail or posted in the Member’s Account. The effective date of suspension or cancellation of Membership shall be the date such notice is sent.
Telephone: Blink Customer Service at 1-888-998-2546.
Or by mail:
Blink Network, LLC
407 Lincoln Road, Suite 704
Miami Beach, FL 33139
Copyright © 2020 Blink Charging Co. All Rights Reserved.