TransLink Vanpool Program

Terms and Conditions

BY COMPLETING THE APPLICATION PROCESS AND PARTICIPATING IN THE PROGRAM, PARTICIPANTS AGREE THAT THEY HAVE READ AND AGREE TO COMPLY WITH THESE TERMS AND CONDITIONS.

A. DEFINITIONS

Application Process means the application process for participation in the Program carried out through the Vanpool Website.

Driver means a person eligible to participate in the Program as a driver in accordance with these Terms and Conditions.

Liftango means Liftango Enterprises Inc.

Manual means the manual for the Program.

Modo means Modo Co-operative.

Participant means a person eligible to participate in the Program in accordance with these Terms and Conditions, and includes a Driver.

Program means the TransLink Vanpool Program.

Service Area means the “transportation service region” as defined in the South Coast British Columbia Transportation Authority Act (British Columbia).

Service Providers means, together, Liftango and Modo.

TransLink means South Coast British Columbia Transportation Authority.

Vanpool Website means the website made available by Liftango for the administration of the Program, including the Application Process.

Vehicle means a vehicle made available for use by Participants in the Program.

B. ALL PARTICIPANTS

The following provisions apply to all Participants.  For the provisions applying only to Drivers, please refer to section C “Drivers” of these Terms and Conditions.

ELIGIBILITY

In order to be eligible to be a Participant in the Program, a person must:

• be 19 years of age or over; and
• have completed the Application Process as a Participant, and thereby agreed to these Terms and Conditions and to the applicable terms and conditions of each of the Service Providers in connection with participating in the Program.

PAYMENT FOR PARTICIPATION IN PROGRAM

Participants will pay for participation in the Program to TransLink, through payment to Liftango via the Vanpool Website.  The amount will be based on the amount of people within the Vanpool and the distance travelled by the Vehicle.

MINIMUM COMMITMENT

Participants are required to commit to the Program for a minimum of three months.

PICK UP LOCATION

Participants who are not the Driver of a Vehicle may only be picked up from locations within the Service Area.  If required to participate in the Program, Participants will be responsible for their own transportation to and from an agreed pickup location within the Service Area.

DAMAGE FEE

Participants will be responsible for the payment to Modo toward the actual cost to repair damage to a Vehicle up to a maximum amount of $1,000 for any at-fault damage caused by a Participant in relation to any Vehicle.

ROADSIDE ASSISTANCE

In the event that any Vehicle becomes inoperable or unavailable, the affected Driver will immediately call Modo and Modo may offer one or more of the following roadside assistance options:  

• Modo’s fleet technician will attend at the Vehicle location to determine if the Vehicle is repairable and the Participants will remain with the Vehicle pending such determination;
• Modo will identify a replacement Vehicle in the near vicinity and the Participants will walk to the location of that replacement Vehicle;
• Modo will deliver a replacement Vehicle to the Participants at the location of the inoperable Vehicle; or
• Modo will identify the nearest replacement Vehicle and send a taxi to pick up the Driver and deliver the Driver to such replacement Vehicle.

Notwithstanding Modo’s options listed above, in the event a Vehicle remains inoperable or unavailable for greater than 15 minutes after notification has been provided to Modo, the Driver may immediately thereafter call a taxi and proceed to their expected end location(s). In the event that a taxi is utilized in accordance with the foregoing, the taxi fare will be paid by the Driver and will be reimbursed directly by Modo within 30 days of the provision of the receipt to Modo.

NOTIFICATION TO TRANSLINK AND SERVICE PROVIDERS

Participants must provide to TransLink and the Service Providers, through the Vanpool Website, 30 days’ notification of ceasing to participate in the Program, subject to the Participant’s minimum commitment.  Participants must also provide to TransLink and the Service Providers, through the Vanpool Website, 30 days’ notification of any proposed change in location or timing of morning or evening pickup or drop off, provided that the accommodation of any such changes will be subject to the availability of a Vehicle in compliance with the minimum participation requirements, and/or the Participant making the necessary arrangements directly with the other Participants in the Vehicle to accommodate any such changes.

MINIMUM PARTICIPATION

The minimum participation for use of a Vehicle under the Program is four Participants, including two Drivers.  If any group falls below the minimum participation level they may take up to 30 days to either: (i) recruit new Participants or Drivers; or (ii) have Participants register as Driver, to meet such minimum participation level.,  If the minimum participation level is not met after such 30 day period, the group must disband and return the Vehicle to Modo at the end of the Vehicle Notification Period.

C. DRIVERS

The following provisions apply only to Drivers.  For the provisions applying to all Participants, including Drivers, please refer to section B “Participants” of these Terms and Conditions.

ELIGIBILITY

In order to be eligible to be a Driver in the Program, a person must be eligible to be a Participant in the Program and also:

• have a valid British Columbia driver’s license (“N” license or better);
• have had no at fault accidents, no license suspensions and no more than two traffic violations within the two years immediately preceding the date of joining the Program;
• have completed the Application Process as a Driver; and
• have signed up as a member of Modo in accordance with Modo’s standard Business Driver sign-up procedures (without being required to pay any fee to Modo in connection with such membership), including providing their driving record to Modo. Drivers must be registered with Modo as a driver and thereby have agreed to the Terms and Conditions of Modo.

ORIENTATION MEETING

Drivers will be required to make arrangements directly with Modo, prior to commencing in the Program, for a virtual orientation meeting.

OVERNIGHT PARKING

Drivers will be responsible for parking the Vehicle overnight in a location approved by Modo for the Program.  Drivers will be responsible for their own transportation to and from such Vehicle parking location.

FINES AND ADDITIONAL CHARGES

Drivers will be responsible for and will pay all fines and additional charges charged by Modo due to the fault or negligence of the Driver, or of any Participant in a Vehicle driven by the Driver.

DISPUTE RESOLUTION

In the event that Modo issues a notice of any fine or additional charge charged by Modo due to the fault or negligence of the Driver, or of any Participant in a Vehicle driven by the Driver:

• such notice will set out the details of such fine or additional charge including the relevant background information, dates, amounts and any other relevant details;
• the Driver will have reasonable time to review the facts of such notice and respond;
• any initial discussions in connection with such notice will occur first between supervisory level personnel from Modo and the Driver to agree on the validity of the fine or additional charge;
• in the event Modo and the applicable Driver cannot agree on the validity of the fine or additional charge through such discussions within 30 days of such notice then either:
  • Modo and the applicable Driver will pursue resolution through a second level of discussions involving senior level management from Modo and the applicable Driver; or
   • Modo and the applicable Driver will seek other means of dispute resolution; and
• TransLink may, but is not required to, participate in any such discussions or other means of dispute resolution.

DRIVER’S LICENSE CONDITIONS

Drivers will be responsible for complying with all conditions applicable to their British Columbia driver’s license while acting as a Driver of a Vehicle.

D. GENERAL

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between Participants and TransLink.

APPLICABLE LAWS

These Terms and Conditions will be governed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein.

Participants acknowledge that specific federal and provincial statutes contain legal obligations concerning carpooling. Participants acknowledge that it is their responsibility to become familiar with the legalities of participating in a carpool.

INSURANCE COVERAGE

Modo will obtain automobile insurance for all Vehicles including third party liability of not less than $10,000,000 for vanpools and not less than $10,000,000 for carpools.  Drivers are solely responsible for notifying their insurance providers of their intent to carry passengers and ensure that they have adequate additional insurance coverage to protect themselves and their passengers.  Participants who are passengers are responsible to ensure that their Driver is adequately insured as described above.

PERSONAL INFORMATION

Participants consent to the collection, use and disclosure of information provided to TransLink and the Service Providers in connection with the Program and agree that any information provided by the Participant and any data received by TransLink and/or the Service Providers as a result of the Participant’s participation in the Program may be collected, shared by and between TransLink and the Service Providers, aggregated, analyzed, used and disclosed in compliance with the Freedom of Information and Protection of Privacy Act (British Columbia).  If requested by TransLink, Participants will execute and deliver a release form in connection with the use of such personal information.

Questions about the collection, use and disclosure of personal information can be directed to TransLink’s Privacy Officer at 778.375.7500 or to privacy@translink.ca.

AMENDMENTS TO THESE TERMS AND CONDITIONS

TransLink reserves the right to amend these Terms and Conditions at any time without notice to Participants.  Participants will comply with any such amendments in order to continue to participate in the Program.

COMPLIANCE WITH MANUAL, OTHER POLICIES AND RULES

Participants will abide by the Manual and any other policies and rules established by TransLink and/or the Service Providers from time to time in connection with the Program, and agree that the Manual and any such other policies and rules may be revised at any time without notice to Participants.  Participants will comply with the Manual and any such other policies and rules, and any such revisions, in order to continue to participate in the Program provided that, in the event of any conflict between these Terms and Conditions and the Manual or any such other policies and rules, these Terms and Conditions shall govern.

TERMINATION OF PROGRAM

TransLink may terminate the Program at any time for any reason on two months’ notice to Participants, or such lesser notice period as may be determined by TransLink in its discretion.

FAILURE TO COMPLY

Failure by a Participant to comply with any portion of these Terms and Conditions, the terms and conditions of each Service Provider, the Manual, or any other policies and rules established by TransLink and/or the Service Providers from time to time in connection with the Program may result in the Participant’s ability to participate in the Program being suspended or terminated and/or other consequences.

DISCLAIMER

Participants acknowledge and agree that TransLink and the Service Providers do not conduct, are in no way responsible for, and do not provide any warranty (express or implied) and/or guarantee of any kind with respect to, any background checks, including without limitation any criminal record/reference checks, on any Participants in the Program.  Participants will use the information provided in connection with the Program at their own risk, and TransLink and the Service Providers are in no way responsible, and provide no warranty (express or implied) and/or guarantee of any kind with respect to the information provided in these Terms and Conditions or otherwise in respect of the Program.

WAIVER AND INDEMNITY

In consideration of a Participant participating in the Program, Participants acknowledge and agree to waive any and all rights to, or claims for, damages (including special and consequential damages), costs, expenses, proprietary or personal injury (including death), damage to or loss of property, whether real or personal, and including claims by third parties against Participants in respect thereof, or any other compensation of any kind whatsoever against TransLink and the Service Providers, including their respective officials, officers, directors, employees, insurers and agents, that arise directly or indirectly with respect to Participants’ participation in the Program and use and/or reliance on the information provided in these Terms and Conditions or otherwise in respect of the Program, and agree to indemnify and hold harmless TransLink and the Service Providers, including their respective officials, officers, directors, employees, insurers and agents for same.

Without limiting any of the foregoing, Participants acknowledge and agree that if they are dissatisfied with the Program or the information provided in these Terms and Conditions or otherwise in respect of the Program, their sole and exclusive remedy with respect to TransLink and the Service Providers, including their respective officials, officers, directors, employees, insurers and agents, is to discontinue their participation in the Program.

COMMUNICATION

Participants may be contacted by TransLink and/or the Service Providers at the contact information provided in the Application Process, or such other contact information as notified by Participants from time to time, and Participants consent to any such contact.

Participants will direct any questions, comments or communications regarding the Program or these Terms and Conditions:

if to TransLink, to:  

• Mail: 400 - 287 Nelson's Court, New Westminster, BC V3L 0E7
• Attention: TransLink Vanpool Administration
• Email: vanpool@translink.ca

if to Liftango, to:

• Email: support@liftango.com

if to Modo, to:

• Mail: 470 Granville Street, Suite 200, Vancouver, BC V6C 1V5
• Email: vanpool@modo.coop

or in each case through the Vanpool Website.

OTHER

TransLink may assign, transfer or dispose of all or part of its rights, obligations and interests in or under these Terms and Conditions at any time without further consent and without notice to the Participant.  The Participant may not assign his/her obligations or benefits under these Terms and Conditions.

The headings contained in these Terms and Conditions are for reference only and will in no way affect interpretation of these Terms and Conditions.

Each of the provisions contained in these Terms and Conditions will be severable and distinct from one another and if any one or more provisions of these Terms and Conditions is now or is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected, prejudiced or compromised.