Cars 4 U

You agree to pay CARS 4U the penalties set out below for the specified violation of one or more of the following Terms and Conditions:

Definitions

In this Agreement:
Agreement refers to the agreement between Cars 4 U and you as a Member which comes into force when Cars 4 U has accepted your application and issued you with a Smart Card. The Agreement incorporates these Terms and Conditions which you read and accepted when applying to become a Member;

Booking is any period of time that you have reserved a Vehicle for your use, including any extension.

Damage Report Sheet is the damage report sheet in the A5 booklet contained in the passenger glovebox of the Vehicle where you and other Members should record any damage to the Vehicle of which you have become aware (both inside and outside);

Membership Pack is the reading material that is issued to you with your Smart Card, including the A5 booklet;

Member refers to you and each person who, having read and accepted the Terms and Conditions on applying to become a CARS 4U member, has been accepted by CARS 4U as a member and issued with a Smart Card;

Reserved Parking Space is the reserved space in which the Vehicle is parked when not in use by a Member.

Vehicle refers to a car in the CARS 4U fleet that you are permitted to drive for the Booking;

CARS 4U refers to Richmondshire Council for Voluntary Services , an unincorporated registered charity managing Cars 4U, based at 6 Flints Terrace, Richmond, North Yorkshire DL10 7AH Registered Charity No:519096).

Smart Card refers to the smart card supplied to you to allow you to access Vehicles in the CARS 4U fleet.

WhizzGo refers to WhizzGo Limited, a company incorporated in the UK with company registration number 4753989 and registered address 162 Choumert Road, London, SE15 4AB. WhizzGo operates the booking facility and call centre for and on behalf of CARS 4U.

Conditions of Use for Members

2.1

You must not allow anyone other than a CARS 4U Member to drive a Vehicle.

2.2

You must not use the Vehicle:

for hire or reward, any illegal purpose, off-road, or for racing, pacemaking, testing the vehicle's reliability and speed, or teaching someone to drive;
when under the influence of alcohol or drugs

2.3

You must not:

carry a number of passengers which exceeds the designed seating capacity of the Vehicle;
carry baggage which would cause the Vehicle to be overloaded;
drive the Vehicle outside England, Scotland and Wales without written permission from CARS 4U and an International Green Card and VE103 document issued by CARS 4U's insurance broker, Aon.

2.4

When applying, the information given by you to CARS 4U (including, without limitation, your name, address, age, and driving history) shall be correct and complete. If any of this information other than your age should change, you must advise CARS 4U immediately.

2.5

You must use the Vehicle at all times in accordance with all highway and other applicable laws and regulations in force at any time.

2.6

CARS 4U reserves the right to immediately suspend the provision of its service and/or terminate this Agreement with you if you contravene any of these Terms and Conditions. Upon suspension, any existing reservations for you may be cancelled by CARS 4U in its sole discretion.

Your Responsibilities

3.1

You must pick up the booked Vehicle at its designated parking space and return it locked, clean and in good working order, to the same space, no later than the end of the Booking. You are responsible for assessing the condition of the Vehicle you book and drive as noted below and while you are driving it.

3.2

Prior to taking possession of a Vehicle, you must walk around the Vehicle to check it over both inside and outside. You must advise CARS 4U at the start of your Booking by phone of any new damage or abnormality found on the Vehicle or when using a Vehicle that is not already noted on the Damage Report Sheet. If CARS 4U is not notified of a problem at the start of a reservation, then we will necessarily assume that you caused the problem.

3.3

You are responsible for the Vehicle, and anything that happens to it, from the moment you use your Smart Card to gain access to the Vehicle until the end of the Booking when you lock it with your Smart Card. YOU MUST NOT UNDER ANY CIRCUMSTANCES PERMIT ANYONE WHO IS NOT A MEMBER TO DRIVE A VEHICLE. IF YOU DO SO, YOU WILL BE HELD LIABLE FOR ALL DAMAGE CAUSED TO THE VEHICLE AND ANY HARM CAUSED TO THIRD PARTIES.

3.4

You must follow the procedures set out in the Membership Pack regarding opening and locking of the Vehicle with your Smart Card at the beginning and end of your Booking.

3.5

You must lock the Vehicle with the key when not using it during your Booking.

3.6

You must use the correct fuel when refuelling a Vehicle.

3.7

You must not sell, rent or dispose of any Vehicle or any of its parts, or purport to give anyone any legal rights over a Vehicle.

3.8

You must ensure that no repair or other work (other than minor work referred to in clause 8) is carried out on a Vehicle without CARS 4U's prior written permission.

3.9

You may be liable for payment for cleaning or repairs to a Vehicle if the Vehicle is found to be in an unfit state for the next Member, or if the Vehicle has been damaged inside or outside.

3.10

You are responsible for paying any tolls, fees or charges which you may incur during a trip, including but not limited to the London Congestion Charge, Dartford crossing tolls and toll road fees.

3.11

You and your passengers must not smoke or allow pets (please see exclusions in section 12.3b) to be carried in the vehicle.

3.12

You must check that you have not left any belongings in the Vehicle prior to locking it with your Smart Card at the end of your Booking. You agree not to hold CARS 4U responsible for any belongings you do leave in the Vehicle.

Cars 4U Car Club's Responsibilities

4.1

CARS 4U will maintain all Vehicles to a roadworthy standard.

4.2

CARS 4U's procedures are designed to ensure that any faults are reported promptly by both Members and CARS 4U employees responsible for maintenance of the Vehicles. CARS 4U will carry out regular checks on all Vehicles but Members must ensure that CARS 4U is informed of any irregularities as soon as they become aware of them.

4.3

Subject to clause 4.5 below, CARS 4U is not liable to a Member under or in connection with this Agreement whether for negligence, breach of contract, misrepresentation or otherwise, for:

loss or damage incurred by a Member as a result of any claims made by a third party;
loss of profit, goodwill, business opportunity or anticipated saving suffered by a Member; or
any indirect or consequential loss or damage suffered by a Member.

4.4

CARS 4U's entire liability under or in connection with this Agreement whether for negligence, breach of contract, misrepresentation or otherwise, is limited to an amount equal to four (4) times the cost of the Booking.

4.5

Nothing in this Agreement will operate to exclude or restrict CARS 4U's liability for:

death or personal injury resulting from negligence;
breach of the obligations arising from s.12 of the Sale of Goods Act 1979; or
CARS 4U's fraud or negligence.

Booking

5.1

You must always reserve a Vehicle prior to use.

5.2

The minimum Booking is 1 hour and usage is charged in hourly units.

5.3

Any Booking of 3 continuous days or more is subject to CARS 4U's discretion. Such reservations must be agreed by CARS 4U prior to booking.

5.4

Cancelling or shortening a Booking. If you wish to cancel or shorten a Booking, you must do so at least three hours before the start of the Booking. Bookings cancelled or shortened less than three hours before the start WILL be subject to certain penalties, unless the Booking was made less than one hour before the start, as further described in clause 12 below.

5.5

CARS 4U may agree to extend a Booking in accordance with the procedures set out in the Membership Pack (this can only be done if another Member is not waiting for the same Vehicle.)

5.6

If you fail to return a Vehicle to its Reserved Parking Space by the end of your Booking, you will be liable for a penalty, as set out in clause 12 below.

Using a Vehicle

6.1

During the Booking, you must immediately inform CARS 4U by phone of any fault in the Vehicle and must not use the Vehicle whilst it is in an unroadworthy condition.

6.2

You are responsible for all charges and costs incurred by your Vehicle use during the Booking (including but not restricted to charges and costs incurred as a result of traffic and parking offences).

6.3

You must keep the Vehicle in good condition during the Booking so that it is ready for use by the next CARS 4U Member by no later than the end of the Booking. If you fail to do so, you will be penalised as set out in clause 12 below.

6.4

At the end of the Booking, you must return the key to the Vehicle to its slot in the passenger glovebox. The Booking ends when you lock the car with your Smart Card. You will be charged for the full Booking even if you return the Vehicle earlier.

6.5

You must inform CARS 4U immediately if you forget to leave the keys in the Vehicle. You must pay the hourly rate until the key is returned, as well as any applicable penalty charges set out in clause 12 below.

Pricing Structure

7.1

Smart Card fee: In order to use CARS 4U Vehicles, you are required to purchase the right to use a Smart Card currently costing £25. This entitles you to use your Smart Card for as long as you are a Member.

7.2

Usage Charges:

One-off Registration Fee	£25
Individual Annual Membership Fee	£110
Household Annual Membership Fee (2 adults / joint membership plus reg. Fee for each named driver)	£110
Community Group Annual Membership Fee (Plus Registration Fee for each named driver)	£110
Business Annual Membership Fee (for profit) (Plus Registration Fee for each named driver)	£200
Hourly Hire Rate	£2.60
24 Hour Rate	£24
Weekend Rate (1800 Friday to 1800 Sunday)	£50
Mileage Charge (per mile - inc. fuel)	16p

7.3

These prices may change from time to time, any changes being notified to CARS 4U Members in writing at least 2 weeks before any such changes are to take effect.

Refueling and Minor Expenses

8.1

Refuelling. CARS 4U is responsible for the cost of refuelling the Vehicle. However, when returning the Vehicle, please try to ensure that the fuel gauge shows at least 1/4 full. To pay for fuel, you should use the Allstar fuel card located in the slot on the on-board computer which can be used at over 90% of garage forecourts. A receipt must be submitted for any fuel purchased without the Allstar fuel card.

8.2

Minor Expenses. A 'minor expense' is defined as an expense incurred by a Member for minor (under £10) routine maintenance on Vehicles. Such items may include screen washer fluid, engine oil (please refer to the Citroën manual in the Vehicle for correct oil information), bulbs, wiper blades etc. You must keep receipts for minor expenses and forward them to CARS 4U in order to be reimbursed. Such minor expenses will then be deducted from your monthly bill. No refund will be given without production of a receipt.

8.3

Car cleaning. CARS 4U cleans the Vehicles regularly.

Invoicing

9.1

You will be invoiced for the use of Vehicles, costs and any penalties incurred. These charges are payable by debit card, credit card or any other method as agreed between you and CARS 4U. Any debit card or credit card provided by you to CARS 4U for payment purposes which is declined by the card issuer may, at the discretion of CARS 4U, result in the suspension or cancellation of membership.

9.2

If a debit card or credit card is declined by the card issuer leaving you with an outstanding balance, then CARS 4U will suspend the provision of its services to you until full payment is received by CARS 4U.

10.

Invoicing Charges

10.1

You will receive a statement of your Vehicle usage on a monthly basis, normally in the first week of each month. You will be liable to CARS 4U for the following charges:

the usage charge shown on your monthly statement in accordance with clause 7 of these Terms and Conditions.
any charge for loss or damage resulting from a failure to comply with these Terms and Conditions.
on demand, all fines and court costs for parking, traffic or other offences (including any costs which arise if the Vehicle is clamped) charged to either CARS 4U or you and incurred by you during your Vehicle use. You must pay the appropriate authority any such fines and/or court costs and also inform CARS 4U within 2 days of any notification made by an authority to you of such fines and/or court costs. Any fines and penalties that are processed by CARS 4U will render you liable for CARS 4U's reasonable administration charges as set out in clause 12.
On demand, reimbursement of any out-of-pocket expenses incurred by another Member in using alternative transport as a result of your failure to return a Vehicle at the end of the Booking to its Reserved Parking Space, together with CARS 4U's reasonable administration costs (as set out in clause 12).
On demand, any other fines and penalties incurred by you as a result of your failure to adhere to these Terms and Conditions.
On demand, CARS 4U's costs, including reasonable legal fees, incurred in collecting payments due from you.
Value added tax and all other taxes and levies on any of the charges listed above, as applicable from time to time.
Your acceptance of these Terms and Conditions and use of Vehicles shall constitute authority for CARS 4U to compute and debit all monies due against your nominated credit or debit card. This includes charges due as a result of theft of, or damage to, the Vehicle and any fines and court costs for parking and traffic offences as described in clauses 12 and 13 below.

11.

The Smart Card

11.1

CARS 4U will issue you with a Smart Card. You must carry your Smart Card when using a Vehicle. Service stations and other businesses with whom CARS 4U has partnerships may require you to present your Smart Card to be eligible to receive their services.

11.2

If you misplace your Smart Card, you will be liable to pay an administration fee for a replacement card as set out in clause 12 below.

11.3

At all times, the Smart Card remains the property of CARS 4U and CARS 4U reserves the right to require you to return the Smart Card on demand at its discretion.

12.

Penalties

12.1

returning a Vehicle after your Booking has expired (in addition to the hourly fees for use of the vehicles):

returning a Vehicle less than 5 minutes after the end of the Booking will not result in you incurring any penalty.
If you pre-advise WhizzGo at least 15 minutes prior to the end of the Booking that you will be late, and there is no other Booking due to commence immediately after, you can extend your Booking without penalty. However you will be liable for any usage charges attributable to the extended Booking.
If you pre-advise CARS 4U at least 15 minutes prior to the end of the Booking, and there is another Member waiting for the Vehicle, then you will be charged £5 per hour, up to £50 to cover any expenses incurred by the next user. (CARS 4U will always endeavour to find the inconvenienced Member another Vehicle to use).
If you do not pre-advise CARS 4U that you are running late at least 15 minutes before the end of your Booking, irrespective of whether there is another Member waiting or not, then you will be charged £5 per hour without limit until the car is returned.

12.2

Charges for cancelled or shortened reservations:

There is no charge for a reservation cancelled or shortened at least three (3) hours before it begins.
For reservations cancelled or shortened less than 3 hours before they begin, you will be charged £5.

12.3

You will be fined £25 if you:

smoke or allow your passengers to smoke in the Vehicle;
carry pets in the Vehicle (excepting transporting small animals i.e. cat, small dog, in approved carriers to and from vets or similar, and guide dogs);
leave the vehicle unkempt.

You will be fined £5 if you:

return a Vehicle at the end of your Booking with less than a ¼ tank of fuel;
leave the Vehicle in an unfit state for the next Member (e.g. leaving litter in the Vehicle);

12.4

If you misplace your Smart Card you must inform CARS 4U as soon as you discover it is missing. There will be a £10 administration fee charged for replacement Smart Cards.

12.5

You must inform CARS 4U immediately if you fail to leave the keys in the Vehicle. You will be liable to pay the full hourly rate until the keys are returned, as well as any other applicable penalty charges outlined above. The same penalty structure will apply as outlined in 12.1 where a Vehicle is returned late.

12.6

You must not leave the keys in the Vehicle at any time except when they are placed in their designated place in the glovebox at the end of your Booking.

12.7

If you lose the keys to the Vehicle, you will be fined £25 in addition to the cost of replacing the keys.

12.8

You must ensure that the Vehicle is parked in its Reserved Parking Space at the end of the Booking. If you are unable to do so because an unauthorised vehicle is parked in the Reserved Parking Space, please park as close to the Reserved Parking Space as possible.

12.9

If you return a Vehicle late due to an accident involving, or the breakdown of, the Vehicle, you will not be liable for a penalty.

12.10

Any traffic offences, or other Member charges, that need to be processed by CARS 4U will incur an administration charge of £10. Members will also be responsible for the payment of the relevant fine(s) to the relevant authorities. If CARS 4U is made to pay these charges by the relevant authority, we will add the applicable amount to your bill.

13.

Traffic offences

13.1

You are liable for all traffic offence penalties which relate to your Booking including, but not restricted to, parking tickets, speeding fines, clamping fines, bus lane fines and compound charges. Wherever possible it is your responsibility to pay the relevant authorities directly. You must report any such offences to CARS 4U as soon as possible.

14.

Insurance Cover

14.1

Provided you fulfil your obligations set out in these Terms and Conditions, you will be covered by fully comprehensive motor insurance when driving a Vehicle. The insurance policy is provided through Aon Insurance and provides full cover against loss or damage to the Vehicle. No cover, however, is provided for the theft of personal belongings from the Vehicle, nor is any personal accident cover provided for the Member who made the Booking (passengers are, however, covered). By becoming a Member of CARS 4U, CARS 4U is authorising you to drive under CARS 4U's motor insurance policy. Other personal motor insurance policies will not be valid when you are using a Vehicle.

14.2

A basic excess charge of £250 is applicable to accidental damage and fire claims.

14.3

YOU MUST INFORM CARS 4U IMMEDIATELY SHOULD ANY OF YOUR DRIVING HISTORY DETAILS CHANGE DURING THE COURSE OF YOUR MEMBERSHIP INCLUDING BUT NOT RESTRICTED TO ANY FURTHER ENDORSEMENTS OR ACCIDENTS. YOU MAY NO LONGER BE COVERED BY OUR INSURANCE POLICY AND THEREFORE WILL IMMEDIATELY CEASE TO BE AUTHORISED BY CARS 4U TO USE VEHICLES IN THE EVENT OF A CHANGE OF YOUR DRIVING HISTORY DETAILS DURING THE COURSE OF YOUR MEMBERSHIP UNTIL WE HAVE OBTAINED UNDERWRITER'S CONSENT.

15.

What to do in case of accident or theft

15.1

If you have an accident, you must not admit responsibility and should:

note down the names and addresses of everyone involved, including any witnesses, and the registration number plates of all other vehicles involved;
note down a description of what happened together with a sketch diagram;
if necessary, make the Vehicle secure and inform the police immediately if anyone is injured or there is a disagreement as to the facts; and
call WhizzGo, who manages the booking and billing system, on: 0870 446 6000 so that we can make sure you are alright, the tracking system can be activated as soon as possible if appropriate, and alternative arrangements can be made for Members with later bookings if necessary.

15.2

If required by the underwriter, CARS 4U will send you an incident report form which should be filled in immediately and returned to CARS 4U at 6 Flints Terrace, Richmond, North Yorkshire, DL10 7AH.

15.3

You must provide accurate statements and co-operate with our insurance broker, Aon Insurance Services, in any way they require.

16.

Breakdown

16.1

If your Vehicle breaks down, call WhizzGo straightaway from the car or on 0870 446 6000. They will get the RAC/Citroën Emergency Assistance out to you immediately. If for some reason you are unable to get through to WhizzGo, call RAC/Citroën Assist directly on 0800 059 5099. Please however endeavour to notify WhizzGo as soon as possible of any problem.

16.2

During the Booking, if a problem arises that prevents or limits the use of the Vehicle or that may compromise people's safety, call WhizzGo immediately from the car or on 0870 446 6000 and park the Vehicle in accordance with WhizzGo's instructions. We will do our best to make alternative arrangements for you and anyone with a subsequent booking.

16.3

It is recommended that CARS 4U members always carry their driving licence and the means (credit card) to pay the refundable deposit for RAC/Citroën Assist car hire in case of breakdown or accident at a distance from Richmond, Catterick Garrison, Catterick Village and Leyburn.

16.4

Jump start. It is strictly forbidden to use a Vehicle to jump start any car whether or not the other Vehicle is owned by CARS 4U, or to attempt to jump start a Vehicle using any other car.

17.

Data Protection

17.1

For the purposes of the Data Protection Act 1998, the data controllers in relation to the information you supply are: Richmondshire Council for Voluntary Services (Registered Charity No:519096), managing Cars 4U, of 6 Flints Terrace, Richmond, North Yorkshire DL10 7AH and WhizzGo Limited, Company No 4753989 registered address 162 Choumert Road, London SE15 4AB. You hereby consent to CARS 4U and WhizzGo processing, as defined under the Act, any personal information that you provide. CARS 4U and WhizzGo will maintain all the personal information you give as part of our records to assist us to maintain and improve the administration and management of the CARS 4U service. You are entitled to see your personal information held by CARS 4U and WhizzGo at any time and to make any necessary amendments to keep the information up-to-date. CARS 4U may, from time to time, notify you of particular services and offers of CARS 4U and its business partners unless you object in writing.

17.2

Prior to accepting your application to become a Member, we will verify your identity. This process involves checking the details you supply against those held on a number of specific databases Experian - the credit reference agency - has access to, for example information from the Electoral Register and fraud prevention agencies. Scoring methods will be used in the verification process as this gives a more thorough check of the available data. A record of this process will be kept that may be used to help other companies to verify your identity. We may also pass information to organisations involved in fraud prevention to protect ourselves and our customers from theft and fraud. If you supply false or inaccurate information and we suspect fraud, we will record this and share this information with other organisations.

18.

Termination of Agreement

18.1

CARS 4U will terminate this Agreement immediately if you do not meet any of the conditions set out in the CARS 4U Terms and Conditions. If CARS 4U terminates the Agreement, it will not affect CARS 4U's right to receive any monies owed to it under the Agreement. Any monies owed to CARS 4U at the time of termination will become immediately due and payable and you hereby grant CARS 4U the right to set off any amounts owing against the returnable deposit paid on becoming a Member.

18.2

Upon breach of this Agreement, CARS 4U may give your personal details to credit reference agencies, Customs & Excise, the Police, debt collectors, or any other relevant organisation.

18.3

You can terminate your Agreement with CARS 4U immediately at any time, subject to the return of your Smart Card. For the avoidance of doubt, termination of this Agreement will not affect CARS 4U's right to receive any monies owed to it under this Agreement.

19.

Amendments

19.1

CARS 4U reserves the right to amend these Terms and Conditions from time to time as it sees fit or necessary. Notice of any changes in these Terms and Conditions will be delivered to Members in writing at least 2 weeks before any such changes take effect.

20.

Force Majeure

20.1

CARS 4U shall not be liable for either a failure to perform or delay in performing any of its obligations if and in so far as performance is delayed, hindered or prevented by force majeure, which expression shall mean any event beyond the reasonable control of CARS 4U.

21.

Severance

21.1

If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions shall be interpreted in such a way so as to remain in effect.

22.

Third Party Rights

22.1

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

23.

Governing Law

23.1

This Agreement and all matters arising from or connected with it are governed by and shall be construed in accordance with English Law.

24.

Jurisdiction

24.1

The courts of England have exclusive jurisdiction to settle any dispute arising from or connected with this Agreement, including, but not limited to, a dispute regarding the existence, validity or termination of this Agreement or the consequences of its nullity. Members irrevocably submit to the jurisdiction of such court and agree that the courts of England are the most appropriate and convenient courts to settle any dispute and, accordingly, that they will not argue to the contrary.