Terms and conditions

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

Definitions

“City Car Club” is the trading name of City Car Club Limited whose head office and registered address is at Matthew Murray House, 97 Water Lane, Leeds, LS11 5QN.

‘Member’ refers to anyone who has joined City Car Club.

‘Business member’ refers to a member who has joined City Car Club as part of a business account.

‘Business account’ refers to an organisation that has one or more Business members registered to use City Car Club.

“Clubhouse” means City Car Club’s Customer Service Centre and Helpdesk reached through 0845 330 1234.

Our quick start guide can be viewed here

1. Member agreement

1.1 Each member agrees to comply with the club rules. City Car Club reserves the right to end a members’ membership and/or to take possession of its vehicles at any time if rules are broken.

2. Business accounts

2.1 Members 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 member lies with the employing organisation with whom City Car Club 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 in to a contractual agreement through the online acceptance of these terms and conditions, and enabling their employees to use the City Car Club service the employing organisation agree to honour the terms of this agreement on behalf of their employees.

2.2 In the case of a business membership it is the business account that agrees to pay all monies due against all drivers named on the account.

2.3 It is the responsibility of the business account to inform City Car Club if a driver on the business account leaves the organisation and in this case the business must return the member’s membership card to City Car Club. Failure to do this will leave the business account liable for any charges incurred.

3. Collection

3.1 Prior to driving off, the Member agrees to: Inspect the vehicle for any damage either inside or outside the vehicle. Any damage not shown on the previous damage report? Please call the Clubhouse on 0845 330 1234. If you drive off with the damage unreported you will be responsible for it.

3.2 Once you gain access to a vehicle you are responsible for it until it is returned to its designated parking space, end the reservations on the system and lock the vehicle using your membership 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 you must call the Clubhouse for instructions on where the vehicle can be legally parked. Failure to legally park may result in a fine/penalty charge notice which will be the responsibility of the member (or their employer if a business reservation) to pay.

4.2 You must return the vehicle’s keys to the designated location within the vehicle, remove all personal possessions and follow the instructions in the User Manual for terminating the reservation and agree to the time and miles travelled.

4.3 You agree to return the vehicle with all documents and accessories present at the time of collection and in the same condition as they were on collection.

5. Annual Membership Fee

5.1 If your membership plan has an applicable annual membership fee, members agree to pay an annual membership renewal fee of £60 (private members), £30 (partners), £30 (business members), £20 (van only membership). This payment will be levied on the anniversary date you joined the club and will be automatically added to your next payment in that month.

Members who joined City Car Club before 1st June 2008 are classed as ‘Founder Members’ and are not required to pay an annual membership renewal fee.

Please note that all prices are inclusive of VAT.

5.2 We offer a 60 day money back guarantee. If you wish to leave City Car Club and take advantage of this guarantee you will receive 50% of your annual membership back upon completing payment of any trips or charges within the preceding period.

6. Charges for late return

6.1 If you do not return the vehicle by the agreed time and date to its designated parking space, City Car Club is entitled to charge you at the agreed rate plus any applicable charges (see section 10) until the vehicle is either returned or recovered.

7. Charges for return of vehicle in poor condition

7.1 If you do not return the vehicle in the same condition as it was on collection, City Car Club will be entitled to charge you for the cost of professional cleaning and/or servicing the vehicle (including the cost of spare parts) in addition to the charges arising under clause 6.

8. Driving Credit

8.1 Any driving credit applied to your account in conjunction with the joining fee or a specific promotion is only valid for a duration of 60 days or otherwise if advised.

9. Payments:

9.1 Invoices are payable via Direct Debit, debit or credit cards only (unless otherwise mutually agreed between City Car Club and the Member). Invoices are produced on a daily basis for any completed reservations and payment collected the following morning via credit/debit card using Continuous Payment Authority (CPA) – see section 19. Members who agreed to Direct Debit payment terms will continue with via this payment method unless the member switches to daily card payments.

9.2 Current rental rates, mileage charges, other charges and penalties are always clearly displayed on the City Car Club website. These charges may change at any time without prior notice being given to the Member.

9.3 Should payment of any invoice be declined or is unpaid for any reason City Car Club reserves the right to restrict or cancel membership until full payment is made. A £10 charge may be applied to any failed Direct Debit. City Car Club also reserves the right to charge future reservations on a restricted account unless reservations are cancelled. Should a default notice be applied to your account you have 7 days to make payment. Failure to do so may result in an application for county court judgement to be issued against you.

9.4 The Member’s signature to this Agreement, or online acceptance of City Car Club’s terms and conditions, shall constitute authority for City Car Club to compute and debit all monies due against the Member’s nominated credit/debit card or bank account at any time. This includes charges due as a result of theft of, or damage to, the Vehicle, including any fines, administration charges or court costs for parking and traffic offences as described in section 10, plus any penalties or any other costs arising due to the Member’s use of the Vehicle.

9.5 City Car Club reserves the right to take payment from any payment card or payment method provided by the Member to settle any unpaid invoices/outstanding balances. Please note if payment is collected via a card due to a failed direct debit your account will still remain restricted until you make contact with our Accounts Team.

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. Payment will then be collected 7 days from the date of the invoice.

9.8 For Business accounts, City Car Club 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 City Car Club is a club with members and as such tries to avoid charging outside usage charges. However, in order for the club to function correctly for all Members, City Car Club has the right to charge certain penalties in those cases where Members do not follow the rules of the club either intentionally or unintentionally. The final decision on whether to raise the extra charge lies solely with City Car Club.

10.2 Full details of all the charges are as shown in the current Tariff List: Other Charges.

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

b) Any applicable reservation 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 City Car Club by law arising from the use of the vehicle while on hire to you, unless due to the City Car Club’s fault, which shall not relieve you or any other person of direct responsibility to any public authority for your unlawfulness;

f) City Car Club’s costs including reasonable legal fees and administration charges incurred in collecting amounts due from you 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 the City Car Club in connection with the recovery of the vehicle or otherwise incurred by the City Car Club due to your acts or omissions.

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

11. Responsibility of the user

11.1 You are responsible for the agreed excess of any damage howsoever caused. In the event that the damage is not reported to City Car Club by you the insurance excess may be doubled.

11.2 You are responsible up to the agreed excess for any costs of repairs to the windscreen or body glass.

11.3 You are responsible for the insurance excess towards any costs related to the theft of the vehicle whilst in your custody or control if no negligence is proved. This contribution will be doubled if you are found in City Car Club’s discretion to have been negligent.

11.4 You are 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 You must inform City Car Club if during your reservation you change any equipment on the vehicle such as wheels, tyres, wiper blades, bulbs etc.

11.6 You are responsible up to the agreed excess for any costs of repairs to wheels or tyres.

11.7 If during your reservation a puncture occurs or comes to light you must report this to City Car Club and it is your responsibility to change the wheel using the equipment provided. If you cannot change the wheel yourself or do not wish to change the wheel, City Car Club will use its best endeavours to assist and this assistance may lead to a charge up to a maximum of £75.

12. Care of the vehicle

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

12.2 You must monitor the oil warning light and temperature gauge during your trip. Any warnings must be reported to our 24 hour helpline immediately.

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

12.4 You are responsible for keeping the vehicle sufficiently supplied (always above one quarter of a tank of each type of fuel) with the correct fuel (each vehicle has its own fuel card).

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

12.6 You are responsible for the membership card issued to you and as a result ensure that it is not be used by any other person including other Members. You must notify City Car Club immediately if the Membership Card is lost or stolen.

12.7 You are responsible for keeping secret the PIN issued with the Membership Card and should on no account keep a written record of it in a form that might be recognised by an unauthorised person.

12.8 City Car Club may make a charge for supply of a replacement Membership Card (see Terms & Conditions – Other Charges).

13. Conditions of use

13.1 You must not allow the vehicle:

a) To be used to smoke in. The use of e-cigarettes in City Car Club cars is also prohibited;

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 objects;

d) To be used to take part in any race, rally, pace making, trials, speed testing or other contest;

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 City Car Club;

h) To drive or be driven outside mainland UK;

i) To be used to convey pets or any other animals;

j) To be used off-road, on trails or dirt tracks;

k) To be used for illegal or anti-social activity;

l) To be used for driving lessons, driving test or any type of advanced driving courses;

13.2 You must ensure the vehicle is: a) driven in a manner which is careful and skilful 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 is not appropriate to the vehicle type reserved (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 City Car Club immediately (or at least 48 hours before the next reservation, 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 City Car Club vehicle); b) Your driving licence is endorsed; c) Your occupation changes to that deemed by our insurers as a restricted occupation and therefore could invalidate insurance cover. These restricted occupations include: professional sports people, professional actors/entertainers and some journalists/photographers. City Car Club will confirm if this will affect your membership.

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

13.6 All members (excluding corporate users with 5+ members or members on the ‘Under 22 plan’ where a £100 credit limit is applied) are automatically given an initial credit limit of £250. Once the £250 limit has been exceeded your account will be automatically restricted until you bring your account back under your credit limit. If this payment is not received then City Car Club will temporarily restrict your account until payment is received. City Car Club 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 membership

14.1 City Car Club 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 Applicants over the age of 19 will be considered for membership subject to internal approval by City Car Club and the approval of its insurers. The final decision on whether to accept an applicant for membership rests with City Car Club and City Car Club is under no obligation to disclose its reasons for declining membership.

14.3 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. City Car Club reserves the right to change or refuse special terms relating to insurance excess during your membership and these new terms will be communicated to the member in writing.

14.4 You waive all rights to and agree that City Car Club or persons acting on its behalf will conduct negotiations and agree any settlement with the insurers and that any monies in respect of vehicle loss or damage will be paid to City Car Club or such persons as City Car Club may direct.

14.5 Members who do not have a UK driving licence must comply with the 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.

14.6 You must continue to meet all City Car Club’s driving licence requirements whilst you are a member 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 you are no longer covered by our insurance. During your membership City Car Club 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 City Car Club or, b) your updated licence details no longer meet our insurance requirements, your membership of City Car Club may be revoked. If you currently hold a non-UK driving licence and you are accepted as a City Car Club member you must adhere to the DVLA’s rules regarding holding a non-UK licence. If City Car Club discovers that your non-UK licence does not comply with DVLA rules your Car Club membership will be restricted with immediate effect.

15. Young drivers

15.1 Changes to City Car Club pricing means that a £500 security deposit is no longer applicable to new members on the ‘Under 22’ membership plan. Members under the age of 22 who joined prior to July 2014 will continue to be subject to the aforementioned security deposit.

15.2 It is the responsibility of the member to request the return of the deposit should the member reach the age of 22 or cease to be a member of City Car Club (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.

15.3 Insurance excess reduction is not available to members under the age of 22 years old and will remain at £750.00 until the member reaches the age of 22.

15.4 As a young driver you are subject to monthly membership fee of £6 and a minimum contract of 12 months. Young drivers are also subject to an inflated pricing model – an extra £1 on the hourly rate and an extra £10 on the daily rate.

16. Accidents

16.1 You must report any traffic accident involving personal injury, loss, damage, or theft to the police immediately and to City Car Club as soon as practically possible. The police reference number allocated must be provided.

16.2 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 City Car Club accident or theft report form must be fully completed on request. If you do not comply with this request insurers may refuse the claim.

16.3 You agree to co-operate with City Car Club and its insurers in any investigation or subsequent legal proceedings.

16.4 In the event damage is caused to the vehicle and third party liability cannot be established, the damage is the drivers’ responsibility. Any damage must be reported to the Clubhouse immediately. The member is expected to cover the full cost of repairs (up to a maximum of the excess amount) and a £30 administration fee.

16.5 City Car Club withholds the right to refuse excess reduction to any member at any time.

17. Personal property

17.1 City Car Club 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 City Car Club’s insurance for the theft of possessions or valuables from the vehicles.

18. Credit reference agencies

18.1 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 City Car Club. 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. Dependent upon the result of the credit check we reserve the right to hold a deposit for a minimum of 6 months. If you have a deposit held against your account we reserve the right to retain this in full/partially to cover any outstanding monies.

19. Continuous Payment Authority (CPA)

19.1 Continuous Payment Authority (CPA) transactions allow members to automatically pay for the use of City Car Club vehicles on a day-to-day basis without having to provide your card details every time. CPA will also allow members to automatically renew membership(s) at the end of the 12 month period without the need to provide City Car Club with their most up-to-date details. Contact will be made to give prior warning of the renewal date in order to appropriate time for you to respond. A lack of response will result in the automatic renewal of your membership for a further 12 months.

19.3 To ensure that we have members’ most up to date details we will approach card providers/banks as part of CPA for updated details to continue providing services that members request from City Car Club.

19.2 All new members will be subject to Continuous Payment Authority and daily payments unless members specifically notify City Car Club that they wish to opt-out. Please note that if members opt-out of Continuous Payment Authority they are required to notify us of any changes to their details. Failure to do so may result in your account being restricted.

20. Data protection

20.1 Members agree to City Car Club processing any personal information that they provide. Members also consent to City Car Club maintaining this personal information for marketing purposes, statistical analysis and credit control.

20.2 City Car Club will only provide Member’s personal information to a third party for the specific purpose of improving service standards, recovering outstanding payments or in relation to insurance claims.

20.3 Members 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, City Car Club may notify Members of particular offers and services including those of business partners unless a Member objects in writing.

20.4 By accepting this agreement a Member gives their consent to allow City Car Club to conduct ID verification at any time.

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

21. Indemnity

21.1 To the extent allowed by law you agree to indemnify and hold City Car Club 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.

21.2 To the extent allowed by law, City Car Club expressly disclaims any liability for damage or loss of any kind suffered by you or any third party unless it has been proven that City Car Club is at fault.

22. City Car Club’s obligations

22.1 City Car Club 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 City Car Club’s expense if the terms of this Agreement are breached.

22.2 City Car Club agrees to provide the minimum service provision which is defined as follows:

23. Vehicle Provision

23.1 City Car Club 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.

23.2 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 Membership 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.

23.3 In the event of a vehicle breakdown, and once you have requested assistance, a designated breakdown service provider will attend to the vehicle (according to the club rules arranged with City Car Club).

23.4 Vehicles can be booked via the Clubhouse or by contacting City Car Club directly using the Internet. The Clubhouse can be contacted at specified times (see User Manual) for reservations, general enquiries, reporting theft, or damage of any other nature using the contact details shown in the current User Manual. To access a vehicle, reservations must be made according to the club rules set out in the User Manual. If your requirements cannot be met the Clubhouse will endeavour to offer an alternative but cannot guarantee to meet all your requirements.

24. Vehicle location devices

24.1 All City Car Club vehicles are fitted with tracking devices and can be tracked at any time. The tracking devices will only be used by City Car Club in the event of theft or failure to return a City Car Club vehicle at the end of a reservation period.

24.2 City Car Club 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 Member who is not willing to drive a vehicle which can be tracked or located in this way for these purposes should notify City Car Club immediately

25. Changes to this Agreement

25.1 Any changes to the club rules of this Agreement will be notified to you by City Car Club and accepted by you.

26. Term of this Agreement

26.1 This Agreement shall remain in force for a period of at least three months. City Car Club must give at least one month’s notice of their intention not to renew the Agreement.

26.2 This Agreement may be terminated with immediate effect by you in the event that City Car Club breaches any of the terms of this Agreement.

26.3 This Agreement may be terminated with immediate effect by you in exceptional circumstances with the agreement of City Car Club.

26.4 This Agreement will be terminated if superseded by a new contract between you and a new car club operator (in agreement with City Car Club, and you).

27. Law and jurisdiction

27.1 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 courts.

28. Assignment

28.1 You shall not be entitled to assign or otherwise transfer any of your rights or obligation under this Agreement. Published July [Date] 2014

29. Marketing policies

29.1 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 marketing@citycarclub.co.uk specifying that you do not want your details to be shared.

29.2 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. click here for more info.

30. Complaints

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

31. Responsible Disclosure

If you are a security expert or researcher, and you believe that you have discovered a security related issue with City Car Club’s 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 it@citycarclub.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.

Published July 8 2014

It's so quick and easy to book. David

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