Terms and Conditions

Driving by the rules makes things easier and fairer for everyone.

Definitions

“Co-cars” is the trading name of Co-cars Limited. The head office and registered address is at The Generator 3rd Floor, Dixs Field, Exeter, EX1 1QA. Company number 5232497.

“User” refers to anyone who has joined Co-cars.

“Business User” refers to a User who has joined Co-cars as part of a business account.

“Business account” refers to an organisation that has one or more Business Users registered to use Co-cars.

“Helpline” means Co-cars Customer Service reached through telephoning 0345 345 2544.

1. User agreement

1.1 Each User agrees to comply to the club rules as listed in these terms and conditions. Co-cars reserves the right not to accept an application for Usership. Co-cars also reserves the right to suspend or end the User’s Usership and/or to take possession of its vehicles at any time at the User’s expenses if rules are broken. By entering into a contractual agreement through the online acceptance of these terms and conditions, the User agrees to honour the terms of this agreement.

1.2 Each User agrees to sign up to Go-Cardless in order that invoices due are billed directly to your bank account via Direct Debit.

2. Business accounts

2.1 Users of business accounts are expected to adhere to the terms and conditions as set out in this document. However, financial liability for all acts committed by a business User lies with the employing organisation with whom Co-cars has the contractual arrangement. Business accounts can agree different pricing structures and terms, which will be outlined in detail when their business account is opened. Where an exception is not detailed, the prices, procedures and processes outlined in these terms and conditions apply. By entering into a contractual agreement through the online acceptance of these terms and conditions, and enabling their employees to use the Co-cars service, the employing organisation agrees to honour the terms of this agreement on behalf of their employees.

2.2 In the case of a business Usership, it is the business account that agrees to pay all monies due against all Users of the account.

2.3 It is the responsibility of the business account to inform Co-cars if a User of the business account leaves the organisation and in this case the business must return the User’s membership smartcard to Co-cars. Failure to do this will leave the business account liable for any charges incurred.

2.4 The business agrees to provide Co-cars with an up-to-date schedule of each person authorised to use the Vehicle, including a copy of their driving licence.

2.5 The business agrees that each employee will provide Co-cars with a completed application form, a copy of their driving licence and licence summary, obtained from the Driver and Vehicle Licensing Agency.

3. Collection

3.1 The User agrees to inspect the vehicle for any damage, both inside and outside the vehicle, before he/she starts their trip. If there is any damage not already documented on the Damage Record Sheet (found in the Car User Guide, located in the glove compartment), he/she will update the Sheet and report it to the Helpline on 0345 345 2544. If the damage is unreported the User will be responsible for it.

3.2 Once the User gains access to a vehicle he/she is responsible for it until it is returned to its designated parking space, the booking has ended and the car is locked using the Usership smart card.

4. Return

4.1 The vehicle must be returned by the agreed time and date to the designated parking space. Should the designated parking space be blocked by another vehicle, the User must follow the instructions in the Car User Guide. Failure to legally park or any traffic offences committed during the rental period may result in a fine/penalty charge notice, which will be the responsibility of the User (or their employer if a corporate booking) to pay.

4.2 The User must follow the instructions in the Car User Guide for terminating the booking and agreeing to the time and miles travelled. The User must return the vehicle’s key (or key fob) and fuel card to the glove compartment, remove all personal possessions and ensure the car is left clean and tidy. There is a dustpan and brush in the boot and the fuel card can be used to pay for a car wash.

4.3 The User agrees to return the vehicle with all documents and accessories present and in the same condition as at the time of collection.

5. Annual Usership Fee

5.1 Users agree to pay an annual fee, as listed on the Co-cars website (pricing page). This payment will be levied on the anniversary of the User joining the club and added to the User’s invoice and collected via Direct Debit.

6. Charges for late return

6.1 If the User does not return the vehicle by the agreed time and date to its designated parking space, Co-cars is entitled to charge at the agreed rate, plus a late return fee, plus other costs if another member is affected (see Other Charges), until the vehicle is either returned or recovered.

7. Charges for return of vehicle in poor condition

7.1 If the User does not return the vehicle in the same condition as it was on collection, Co-cars is entitled to charge for the cost of professional cleaning, and/or servicing the vehicle (including the cost of spare parts), in addition to the charges arising under Other Charges.

8. Driving Credit

8.1 Any driving credit applied to the User’s account in conjunction with the joining fee or a specific promotion, is only valid for a duration of 60 days unless otherwise stipulated.

9. Payments

9.1 Invoices are payable via Direct Debit only. Business users may opt to pay by BACS.

9.2 Current rental rates, mileage charges, other charges and penalties are clearly displayed on the Co-cars website. These charges may change at any time without prior notice being given to the User.

9.3 Should payment of any invoice be declined or is unpaid for any reason, Co-cars reserves the right to suspend or cancel Usership until full payment is made. A £10 charge will be applied to any failed direct debit. Co-cars also reserves the right to charge future bookings on a suspended account, unless bookings are cancelled. Should a default notice be applied to the User’s account, he/she will have 7 days to make payment. Failure to do so may result in an application for a county court judgement to be issued against the User.

9.4 The User’s signature to this Agreement, or online acceptance of Co-cars Terms and Conditions, shall constitute authority for Co-cars to compute and debit all monies due against the User’s nominated bank account at any time.

This includes charges due as a result of:

9.5 Co-cars reserves the right to take payment from any bank account or payment method provided by the User to settle any unpaid invoices. If the User opts for an alternative payment method to cover a failed direct debit, his/her account will remain suspended until Co-cars has been notified.

9.6 All invoice queries must be raised within 14 days from date of invoice.

9.7 All damage, insurance excess, traffic and parking offences and associated administration fees fall outside of normal credit terms and must be paid by return upon notification of charges.

9.8 For Business accounts, Co-cars reserves the right to charge interest on any debt that is outside agreed terms of credit. The Late Payments of Commercial Debts (Interest) Act 1998 will be applied under such circumstances unless otherwise agreed.

10. Other Charges

10.1 Co-cars is a club with Users and as such tries to avoid charging additional fees. However, in order for the club to function correctly for all Users, Co-cars has the right to charge certain penalties in those cases where Users do not follow the rules of the club, either intentionally or unintentionally. The final decision on whether to apply an additional charge lies solely with Co-cars.

10.2 Full details of all the charges are detailed under: Other Charges.

a) The agreed hourly rates as they may apply from time to time for the period including authorised and unauthorised extensions

b) Any applicable booking charges

c) Any applicable penalty charges

d) All mileage charges relating to the distance travelled whilst the vehicle is in use

e) Any fines, penalties, court costs or other expenses imposed on Co-cars by law, arising from the use of the vehicle while on hire to the User, unless due to Co-cars fault, which shall not relieve the User or any other person of direct responsibility to any public authority for his/her unlawfulness

f) Co-cars costs, including reasonable legal fees and administration charges incurred in collecting amounts due from the User under this Agreement

g) Any amounts due under any clauses in this Agreement relating to the loss or damage of the vehicle

h) Any sums incurred by Co-cars in connection with the recovery of the vehicle, or otherwise incurred by Co-cars due to the Users acts or omissions

i) A £10 plus VAT charge will be applied to any failed direct debit

11. Responsibility of the user

11.1 The User is responsible for £250 plus VAT of any damage howsoever caused. This contribution can be doubled, at Co-cars discretion, if the User is found to have caused the damage. In the event that the damage is not reported to Co-cars by the User, he/she may be liable for the full cost of the repairs.

11.2 The User is responsible for up to £250 plus VAT for any costs of repairs to the windscreen or body glass.

11.3 The User is responsible for £250 plus VAT towards any costs related to the theft of the vehicle whilst in his/her custody or control, if no negligence is proved. This contribution will be doubled if the User is found, in Co-cars discretion, to have been negligent.

11.4 The User is responsible for paying for any permits to park the vehicle during the hire period, as well as any tolls or charges levied as a result of using the vehicle.

11.5 The User must inform Co-cars if, during the booking, he/she changes any equipment on the vehicle such as wiper blades, bulbs etc.

11.6 The User is responsible for up to £250 plus VAT for any costs of repairs to wheels or tyres, if due to driver negligence.

11.7 If during a booking a puncture occurs or comes to light, the User must report this to the Helpline 0345 345 2544 and contact the breakdown recovery company, listed in the Car User Guide, for them to undertake the repair or replacement.

12. Care of the vehicle

12.1 The User must look after the vehicle, making sure it is locked and secure when not in use, use the correct fuel and use any security device fitted.

12.2 The User must monitor the oil warning light and temperature gauge during the trip. Any warnings must be reported to the Helpline 0345 345 2544 immediately.

12.3 The User must inspect the tyres on each booking and check that they appear correctly inflated. Please also refer to points 11.5 to 11.7 above.

12.4 The User is responsible for leaving the vehicle with at least a quarter of a tank of the correct fuel (refer to the Car User Guide). Each car has its own fuel card, in the glove compartment, for the purchase of fuel, oil and car wash.

12.5 The User is responsible for ensuring that the vehicle interior is left clean and tidy before it is returned.

12.6 The User is responsible for the Usership smart card issued and must not allow it to be used by any other person, including other Users. The User must notify Co-cars immediately if their Usership smart card is lost or stolen.

12.7 The User is responsible for keeping the PIN, issued with their Usership smart card, secure and secret.

12.8 Co-cars may make a charge for supply of a replacement Usership smart card (refer to clause 10 – Other Charges).

13. Conditions of use

13.1 You must not allow the vehicle:

a) to be used to smoke in

b) to be used to carry passengers or cargo for remuneration (it is however permitted to share the cost of hire with passengers)

c) to be used to propel or tow any vehicle, trailer or other object

d) to take part in any competition, trial, performance test, race, rally, or trial of speed including off-road events

e) to be used for motor trade use

f) to be used while the driver is under the influence of alcohol, drugs, or any other substance impairing their consciousness or ability to react; in contravention of any traffic regulations

g) to be driven by any other person who has not first been authorised by Co-cars

h) to be driven outside mainland UK

i) to be used to convey pets or any other animals without written permission from Co-cars.

j) to be used to carry goods for the purpose of a business

k) to be used for illegal or anti-social activity

13.2 You must ensure the vehicle is:

a) driven in a manner which is careful and skillful at all times

b) driven in a manner which does not result in damage to the vehicle, caused by driving behaviour which is not careful/skilful or appropriate to the vehicle type booked (e.g. driving a manual car in a way which damages the gearbox or clutch due to non careful driving).

13.3 Failure to comply with the conditions of use may result in the charge of penalty payments or the recovery of the vehicle without notice at your expense.

13.4 You agree to notify Co-cars immediately (or at least 48 hours before the next booking, in any event) if any of the following events occur:

a) You are involved in an accident involving a vehicle that you are driving (whether or not a Co-cars vehicle);

b) Your driving licence is endorsed;

c) Your occupation changes to that deemed by our insurers as a restricted occupation and therefore will invalidate insurance cover. These restricted occupations are: being either partly or wholly engaged in professional entertainment or being a professional sports person, jockey or person connected with the racing or gaming industry or press of any sort. Co-cars will confirm if this will affect your Usership.

13.5 You agree that you have read and understood the User Guide and the procedures contained therein, and the conditions relating to the use of the vehicle, the security of the vehicle, and the use and care of your Usership Card, and keys for the vehicle.

13.6 Credit Limit.
All Users, (excluding corporate users with 5+ Users), are automatically given an initial credit limit of £100 which will remain in place for 3 months. After this period, the credit limit will be reviewed based on usage and payment history. Once £100 has been exceeded, Co-cars will call / e-mail / write to you to request a payment on account, to bring your account back under your credit limit. If this payment is not received then Co-cars will temporarily suspend your account until payment is received. Co-cars reserves the right to reduce your credit limit at any time.

13.7 You must not remove the livery from the vehicles.

14. Insurance and eligibility of usership

14.1 Co-cars has insurance coverage for the persons using the vehicle with our permission (and not otherwise) in accordance with a Comprehensive Motor Insurance Policy. This policy meets all applicable statutory requirements and protects the owner and/or authorised driver of the vehicle against any legal claims from third parties for personal injury or material damage caused by the use of the vehicle.

14.2 Co-cars Users must:

Be over the age of 21 and under the age of 75; hold a full driving licence with the licence being issued in any of the following countries: UK, any other member state of the European Union, USA, Canada, Australia and New Zealand, who have held their licence for a minimum of 12 months; have not been convicted of an offence in connection with the driving of a motor vehicle or motorcycle and/or have not had their driving licence endorsed or suspended or more than 6 penalty points imposed (if you think that any conviction is “spent” under the Rehabilitation of Offenders Act 1974 it is your responsibility to provide an up to date driving licence with such convictions duly removed)

Have not had their insurance declined and/or renewal refused and/or special terms imposed as a result of claims experience and/or have not had their insurance or cover cancelled by any motor insurer

Not partly or wholly be engaged in professional entertainment or a professional sports person, jockey or person connected with the racing or gaming industry or press of any sort.

14.3 Applicants aged 75 and over but under 80 will be considered for Usership subject to internal approval by Co-cars and the approval of its insurers. The final decision on whether to accept an applicant for Usership rests with Co-cars and Co-cars is under no obligation to disclose its reasons for declining Usership.

14.4 In certain circumstances an applicant may be accepted on special terms (e.g. a higher insurance excess and/or an additional insurance premium). The applicant will be notified of such special terms in writing. Co-cars reserves the right to change or refuse special terms relating to insurance excess during Usership and these new terms will be communicated to the User in writing.

14.5 You waive all rights to, and agree that Co-cars, or persons acting on its behalf, will conduct negotiations and agree any settlement with the insurers and/or third parties. You also agree that any monies or liabilities (including excess charges) in respect of vehicle loss or damage will be paid to or by Co-cars or such persons as Co-cars may direct.

14.6 Users who do not have a UK driving licence must comply with the UK legal requirements for driving in the UK on a foreign licence. Failure to do so could mean that you are no longer covered by our insurance.

14.7 You must continue to meet all Co-cars’ driving licence requirements whilst you are a User and it is your responsibility to notify us of any changes to your licence status, including any points or endorsements. Failure to notify us could mean that you are no longer covered by our insurance. During your Usership Co-cars may contact you to re-check your licence details at any time. If this re-check shows that a) your licence details have changed and you have not informed Co-cars, or b) your updated licence details no longer meet our insurance requirements, your Usership of Co-cars may be revoked. If you currently hold a non-UK driving licence and you are accepted as a Co-cars User you must adhere to the DVLA’s rules regarding holding a non-UK licence. If Co-cars discover that your nonUK licence does not comply with DVLA rules, your Car Club Usership will be suspended with immediate effect.

14.8 Young driver 21 security deposit.

Drivers aged under 22 may be required to pay a £500 plus VAT ‘Young Driver’ security deposit, which will be held by Co-cars. It is the responsibility of the User to request the return of the deposit should the User reach the age of 22 or ceases to be a User of Co-cars (less any outstanding payments).

If you have a deposit held against your account, we reserve the right to retain this in full/partially to cover any outstanding monies.

14.9 Loss of/damage to Key

The loss of or damage to the vehicles’ key is not covered in the excess and the cost of repair/replacement will be passed to the User.

15. Accidents

15.1 You must report any traffic accident involving personal injury, and any loss, damage or theft to the police immediately and to Co-cars as soon as practically possible. The police reference number allocated must be provided.

15.2 You must not admit liability or guilt in the event of an accident, or promise to pay any third party, or attempt any repair. A Co-cars accident or theft report form, found in the Car User Guide, must be fully completed on request. If you do not comply with this request, insurers may refuse the claim.

15.3 You agree to co-operate with Co-cars and its insurers in any investigation or subsequent legal proceedings.

15.4 In the event of damage caused to the vehicle, and third party liability cannot be established, the damage is the drivers responsibility. Any damage must be reported to the Helpline immediately. The User is expected to cover the full cost of repairs (Up to a maximum of the excess amount) and a £30 plus VAT administration fee.

15.5 Co-cars reserves the right to suspend an account during an accident investigation.

16. Personal property

16.1 Co-cars is not liable to you or any passenger for loss or damage to property left in the vehicle either during the period of hire or thereafter. Such property is left entirely at your or your passenger’s own risk. You are not covered by Co-cars’ insurance for the theft of possessions or valuables from the vehicles.

17. Credit reference agencies

17.1 We may share information with credit reference agencies (CRAs) to verify your identity and check your credit history. This information will be used to assess your application to join and use the services of Co-cars. The CRAs will record details of your application which will form part of your credit history, whether or not you proceed and if you make several applications for credit within a short period of time, this may temporarily affect your ability to obtain credit. If you have a deposit held against your account, we reserve the right to retain this in full/partially to cover any outstanding monies.

18. Data protection

18.1 Users agree to Co-cars processing any personal information that they provide. Users also consent to Co-cars maintaining this personal information for marketing purposes, statistical analysis and credit control.

18.2 Co-cars will only provide Users’ personal information to a third party for the specific purpose of improving service standards, recovering outstanding payments or in relation to insurance claims.

18.3 Users are entitled to view their personal information and to make any necessary amendments to ensure the information is up-to-date. From time to time, Co-cars may notify Users of particular offers and services, including those of business partners, unless a User objects in writing.

18.4 By accepting this agreement, a User gives their consent to allow Co-cars to conduct ID verification at any time.

18.5 If a User breaches this Agreement, their personal data may be disclosed or passed to third parties to assist recovery procedures.

19. Indemnity

19.1 To the extent allowed by law, you agree to indemnify and hold Co-cars harmless against any claims in connection with operation of the vehicle, any damages suffered by, including without limitation, the fines and other consequences referred to in clauses 4, 5 and 6 above, or any matters which are the consequences of your acts or omissions.

19.2 To the extent allowed by law, Co-cars expressly disclaims any liability for damage or loss of any kind suffered by you or any third party, unless it has been proven that Co-cars is at fault.

20. Co-cars obligations

20.1 Co-cars agrees to be bound by the club rules as listed in this Agreement and acknowledges that you reserve the right to terminate the Agreement at any time without demand at Co-cars’ expense if the terms of this Agreement are breached.

20.2 Co-cars agrees to provide the minimum service provision, which is defined as follows:

21. Vehicle Provision

21.1 Co-cars will ensure, as far as is reasonably possible and in accordance with the Agreement, that the vehicle is in a roadworthy condition and is regularly serviced.

21.2 Vehicles are made available (according to the agreed club rules) to you from designated parking stations from the booked start time, and are accessed by the use of a Usership Card which is unique to you. Once the vehicle has been checked for external damage and internal neglect, and where appropriate relevant details have been entered in the logbook, you can then use the vehicle in accordance with the agreed club rules.

21.3 In the event of a vehicle breakdown occurring, and once you have requested assistance, a designated breakdown service provider will attend to the vehicle (according to the club rules arranged with Co-cars).

21.4 Vehicles can be booked directly from the Co-cars booking system using the internet. The Helpline can be contacted for general enquiries, reporting theft, or damage of any other nature using the contact details shown in the current User Guide. To access a vehicle, bookings must be made according to the club rules set out in the User Guide. If your requirements cannot be met, the Helpline will endeavour to offer an alternative but cannot guarantee to meet all your requirements.

22. Vehicle location devices

22.1 All Co-cars vehicles are fitted with tracking devices and can be tracked at any time. The tracking devices will only be used by Co-cars in the event of theft or failure to return a Co-cars vehicle at the end of a booking period.

22.2 Co-cars will use the tracking information solely for the purpose of recovering lost or stolen vehicles and will share this information with the Police or other authorities or companies as necessary. Any User who is not willing to drive a vehicle which can be tracked or located in this way for these purposes should notify Co-cars immediately

23. Changes to this Agreement

23.1 Any changes to the club rules of this Agreement will be notified to you by Co-cars and accepted by you.

24. Term of this Agreement

24.1 This Agreement shall remain in force for a period of at least three months. Co-cars must give at least one month’s notice of their intention not to renew the Agreement.

24.2 This Agreement may be terminated with immediate effect by you in the event that Co-cars breaches any of the terms of this Agreement.

24.3 This Agreement may be terminated with immediate effect by you in exceptional circumstances with the agreement of Co-cars.

24.4 This Agreement will be terminated if superseded by a new contract between you and a new car club operator (in agreement with Co-cars and you).

25. Law and jurisdiction

25.1 This Agreement shall be governed by and construed in accordance with English Law. Any proceedings arising in connection with this Agreement shall be submitted to the exclusive jurisdiction of the English, Welsh and Scottish courts.

26. Assignment

26.1 You shall not be entitled to assign or otherwise transfer any of your rights or obligation under this Agreement.

27. Marketing policies

27.1 We reserve the right to share your information with carefully selected partners who may want to contact you with offers and promotions relevant to you. To opt out please send us an email to drive@cocars.co.uk specifying that you do not want your details to be shared.

27.2 By accessing the Website, you agree that this Cookie Policy will apply whenever you access the Website on any device. We will alert you on our Website when we make any changes to this policy. Your continued use of the Website constitutes your agreement to all such changes.

28. Complaints

If you are not satisfied with the service provided by Co-cars you can complain by e-mailing drive@Co-cars.co.uk. Details of how your complaint will be handled are set out in our complaints policy which you can read by clicking here.

29. Responsible Disclosure

If you are a security expert or researcher, and you believe that you have discovered a security related issue with Co-cars’ online systems (app, mobile site or desktop site), we appreciate your help in disclosing the issue to us responsibly. We ask the security research community to give us an opportunity to correct a vulnerability before publicly disclosing it. Please email drive@Co-cars.co.uk with a detailed description of the issue and the steps you believe may be required to reproduce what you have observed. Please make a good faith effort to protect our users’ privacy and data. We are committed to addressing security issues responsibly and in a timely manner.

Updated 01st August 2017

Co-operative & Community Benefit Societies Act 2014 (England / Wales) Registration No. IP031432 | VAT Registration No. 209 1276 23
© 2017 Co-cars
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