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 Leeming House, Vicar Lane, Leeds LS2 7JF.
‘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 to the club rules. City Car Club reserves the right 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 members of the account.
2.3 It is the responsibility of the business account to inform City Car Club if a member of 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 Club House 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, you end the booking 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.
4.2 You must return the vehicle’s keys to the designated location within the car, remove all personal possessions and follow the instructions in the User Manual for terminating the booking and agreeing 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 Members agree to pay an annual membership renewal fee of £50 (private members), £25 (partners), or £30 (business members). This payment will be levied on the anniversary date you joined the club and will be automatically added to your Direct Debit 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, all prices are inclusive of VAT.
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 Club Rules 6 – Other Charges), 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).
9.2 Current rental rates, mileage charges, other charges and penalties are always clearly displayed on the City Car Club website. These charges may charge 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 suspend or cancel Membership until full payment is made.
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, any fines, administration charges or court costs for parking and traffic offences as described in section 10, 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
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, 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 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 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.
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.
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 booking and check that they appear correctly inflated.
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 car 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 undertake not to allow it to 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;
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 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 England, Scotland, and Wales without the permission of City Car Club.
i) To be used to convey pets or any other animals.
13.2 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.
13.3 You agree to notify City Car Club 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 City Car Club vehicle);
b) Your driving licence is endorsed;
c) Your occupation changes to that of the restricted occupation – professional sports people or professional entertainers; occupations connected with gambling or betting; foreign service persons based in the UK.
d) You suffer from a health related complaint that restricts your ability to drive safely.
13.4 You agree that you have read and understood the User’s Manual 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 Membership Card, and keys for the vehicle.
13.5 Credit Limit
All members, (excluding corporate users with 5+ members), are automatically given an initial credit limit of £150 which will remain in place for 3 months. After 3 months, the credit limit will be reviewed based on usage and payment history. Once £150 has been exceeded, City Car Club 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 City Car Club will temporarily suspend your account until payment is received.
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 or an additional insurance premium). The applicant will be notified of such special terms in writing and will be asked to sign the special terms for agreement before membership is completed.
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 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.
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 City Car Club 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 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.
15.3 You agree to co-operate with City Car Club and its insurers in any investigation or subsequent legal proceedings.
16. Personal property
16.1 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.
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 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.
18. Personal data
18.1 You consent to the computer storage and processing of your personal data by City Car Club in connection with this Agreement and to the transmission of this data for the purposes of City Car Club’s legitimate interests including statistical analysis, marketing of our services and credit control. If you breach this Agreement, your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.
19. Indemnity
19.1 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.
19.2 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.
20. City Car Club’s obligations
20.1 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.
20.2 City Car Club agrees to provide the minimum service provision, which is defined as follows:
21. Vehicle Provision
21.1 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.
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 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.
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 City Car Club).
21.4 Vehicles can be booked via the Club House or by contacting City Car Club directly using the Internet. The Club House can be contacted at specified times (see User Manual) for bookings, general enquiries, reporting theft, or damage of any other nature using the contact details shown in the current User Manual. To access a vehicle, bookings must be made according to the club rules set out in the User Manual. If your requirements cannot be met, the Club House will endeavour to offer an alternative but cannot guarantee to meet all your requirements.
22. Changes to this Agreement
22.1 Any changes to the club rules of this Agreement will be notified to you by City Car Club and accepted by you.
23. Term of this Agreement
23.1 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.
23.2 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.
23.3 This Agreement may be terminated with immediate effect by you in exceptional circumstances with the agreement of City Car Club.
23.4 This Agreement will be terminated if superseded by a new contract between the you and a new car club operator (in agreement with City Car Club, and you).
24. Law and jurisdiction
24.1 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.
25. Assignment
25.1 You shall not be entitled to assign or otherwise transfer any of your rights or obligation under this Agreement.
