Terms and conditions

 

Definitions

“City Car Club” is the trading name of City Car Club Limited and subsidiary of Enterprise Rent-A-Car UK limited, whose head office and registered address is at Enterprise House, Vicarage Road, Egham, Surrey, TW20 9FB.

‘Member’ refers to anyone who has joined City Car Club and is the person responsible for the account.

‘Driver’ refers to a person on the account who is authorised to drive City Car Club vehicles.

‘Young driver’ refers to any Member or Driver under the age of 22.

“Clubhouse” means City Car Club’s Customer Service Centre and Helpdesk.

 

Termination

This Agreement may be terminated with immediate effect in the event that either party breaches any of the terms of this Agreement.

 

1 City Car Club responsibilities

 1.1 We agree to be bound by the club rules as listed in this Agreement.

1.2 We agree to notify you of any changes to this this agreement through notice published on the membership reservation page or by the email we have for you on file as appropriate.

We will ensure, as far as is reasonably possible and in accordance with the Agreement, that the vehicle is in a roadworthy condition.

 

2 Member & Driver responsibilities

 2.1 You agree to comply with the terms and conditions. We reserve the right to end your membership and to take possession of our vehicle at any time if the rules are broken.

2.2 You must inform us if a driver on the account no longer requires membership. Failure to do this will leave you liable for any charges incurred.

2.3 At the commencement of every rental you must inspect the vehicle and inform us of any vehicle damage in accordance with the guide located in the glove compartment of the vehicle.

2.4 Upon gaining access to a vehicle you are responsible for the condition of the vehicle until it is returned to its designated parking space, the keys are secured in the vehicle and the vehicle is locked.

2.5 You must return the vehicle by the agreed date and time to the designated parking space. Please refer to our frequently asked questions here for instructions on what to do in the event the space is blocked by another vehicle.

2.6 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.

2.7 You agree to pay us upon demand the charges incurred for your rental period, your membership fee, a mileage charge for all miles exceeding any free miles offered to you (see “Charges below) and all other charges as referred to on the “Other Charges” page on our members website. Please see our Other Charges page for a full breakdown of costs.

2.8 If you do not return the vehicle in a clean and tidy condition you will be responsible for paying us a reasonable charge for a professional valet of the vehicle.

2.9 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.

2.10 To the extent that Damage Waiver does not apply in the case of damage to, loss or theft of, the Vehicle or any part or accessory however caused to the Vehicle unless caused through the fault of City Car Club you shall pay us on demand

  • Fair market value of the repair or replacement of the Vehicle, part or accessory (as applicable)
  •  A reasonable administration fee
  • Loss of average revenue while the vehicle is unavailable to other members
  • Any towing, storage and impound fees reasonably incurred by City Car Club as a result of the damage to, loss or theft of the Vehicle.

2.11 We shall have the sole right and responsibility to repair the Vehicle. If with our permission you change any equipment such as wiper blades or bulbs then please keep the receipt and we may reimburse you.

2.13 If during a reservation the vehicle sustains any damage or if you are involved in an accident you must contact us as soon as possible.

2.14 You must look after the vehicle making sure it is locked and secure when not in use and that you have used any security device fitted to the vehicle.

2.15 If a warning light displays on the dashboard, you must stop driving as soon as it is safe to do so and contact us for further advice.

2.16 You must remove all personal possessions from the vehicle at the end of a reservation. We do not accept any responsibility for any possessions that are left in a vehicle.

2.17 You must keep the vehicle sufficiently supplied (always above one quarter of a tank of each type of fuel) with the correct fuel, using the fuel card we supply

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

2.19 You must not allow the vehicle:

  • To be driven in a reckless manner.
  • To be driven by any other person who has not first been authorised by City Car Club.
  • 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.
  • To be used for illegal or anti-social activity.
  • To be used to smoke in. The use of e-cigarettes in City Car Club cars is also prohibited.
  • To be used for driving lessons, driving test or any type of advanced driving courses
  • To be used to carry passengers or cargo for remuneration (it is however permitted to share the cost of hire with passengers).
  • To be used to propel or tow any vehicle, trailer or other objects.
  • To be used to take part in any race, rally, pace making, trials, speed testing or other contest.
  • To be used for motor trade use.
  • To drive or be driven outside mainland UK without our written permission
  • To be used to convey pets or any other animals.
  • To be used off-road, on trails or dirt tracks.

2.20 You must not remove the livery from the vehicles.

2.21 You agree that you have read and understood the User Manual available in our frequently asked questions, a copy of which is also located in the glove compartment of each vehicle.

2.22 You must continue to hold a full valid driving licence for the class or use of the vehicle rented and you must notify us of any changes to your licence status including any points or endorsements. Failure to comply with notifying us may invalidate damage waiver and third party liability. You must allow us to check your licence details at any time. If this check shows that your licence details have changed and you have not informed us or your updated licence details no longer meet our requirement then your membership may be revoked.

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

 

Your statutory consumer rights are not affected.

3 Accidents

3.1 You must report the accident or theft or loss to us as soon as possible and confirm this in writing as soon as reasonably possible.

a. You must not admit responsibility to anyone in relation to the accident.

b. You should collect the names and addresses of everyone involved, including witnesses, and pass this information to City Car Club.

c. You must promptly forward to us any notices or other documents relating to any legal proceedings arising out of the accident or theft or loss.

d. You agree to cooperate with us and our insurers including requests for full and true information and to provide assistance in any matters or legal proceedings including allowing proceedings to be brought by us in your name and defending any proceedings brought against you.

e.You must return the original keys or any other device which unlocks the Vehicle and/or enables the Vehicle to be started and report the theft or loss to the police as soon as reasonably possible if the Vehicle is stolen or loss.

3.2 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).

 

4 Damage Waiver

4.1 Persons who are using the vehicle with our permission and who remain compliant with the terms of this agreement and any other applicable agreement that exists between both parties will be provided Damage Waiver (DW) by us.  We will not hold you liable for damage to, loss or theft of, the Vehicle except that you will still have to pay to City Car Club any applicable excess. You agree that DW does not exempt you from liability for damage caused by the use of incorrect fuel or if you failed to take all reasonable measures to look after and secure the Vehicle or the keys or any other device which unlocks the Vehicle and/or enables the Vehicle to be started.

 

5 Responsibility to third parties

5.1 If you are in compliance with the terms of this Agreement we agree that the use of the Vehicle by you and any authorised drivers will be covered, subject to all terms, conditions, limitations, exceptions and exclusions under our motor fleet insurance policy against claims from a third party alleging injury, death or damage to property as required by the Road Traffic Act 1988 (as amended by the Road Traffic Act 1991), Road Traffic (Northern Ireland) order 1981 or any other legislation currently in force in any jurisdiction in which you operate the Vehicle with our permission. You may request a copy of our policy from our registered office. The policy gives the insurer the sole right to settle any claim as they may decide necessary. You agree to fully cooperate and assist us and our insurers in the investigation of any third party claim. If our insurers are required to make any payment to a third party as a result of the use of the Vehicle which involved a breach by you or any Driver of any of the terms of this Agreement or of our motor fleet insurance policy you will have to pay on demand all sums paid by our insurers in relation to the claim. This is in addition to any damages which we may legally claim as a result of the breach. If you provide false information in relation to any third party claim or if we or our insurers suspect fraud, we may notify fraud prevention agencies and databases and you may be prosecuted.

 

6 Charges

For full details of rate plans, rental rates and mileage click here

6.1 You agree to pay a monthly or annual membership fee as part of your selected rate plan. Click here to view this information. In the event of early termination for whatever reason we reserve the right to retain all or part of your membership fee proportional to the time and services provided

6.2 You agree that any failure by you to comply with your responsibilities under this agreement may result in the charge of penalty payments being levied upon you and/or the recovery of the vehicle by us or our appointed agents without notice at your expense.

A full list of other charges and penalties can be viewed here

6.3 All members are limited to the amount of £250.00 outstanding rental charges on the account (£100.00 for young members on the “Under 22” plan).

 

7 Young drivers

7.1 Young drivers are also subject to inflated pricing, including a higher mileage charge.

7.2 You agree Damage Waiver excess reduction products as displayed on our website are not available to members under the age of 22 years.

7.3 You agree that Young Drivers are not able to drive a vehicle between the hours of 2200 and 0500.

 

8 Payments

8.1 All charges, including membership fees, which become due under this or any other agreement between us will be charged to the credit or debit card which you have presented using Continuous Payment Authority (CPA).  Time and mileage charges resulting from any rental by you will be charged within twenty four hours of you returning the vehicle. All other charges are due upon demand.

8.2 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. If you choose to opt out your membership will be restricted and this may result in the cessation of your account.

8.3 We will advise you in advance via the email address you have provided on your account, when your annual membership renewal become due. You have the right to cancel your membership within 14 days of this notice period, after which time we will collect monies via CPA and your membership will be automatically renewed.

8.4 Your acceptance of the terms and conditions shall constitute authority us to compute and debit all monies due against your nominated credit card or debit card at any time.

8.5 Should payment of any charge be declined or remain unpaid for any reason we reserve the right to restrict or cancel your membership until full payment is made. This may result in any future reservations being cancelled.

 

9 Data Protection

9.1 Personal data collected will be used for the purposes encompassed in the current privacy policy that can be accessed at:  www.citycarclub.co.uk.

9.2 You agree that we, our subsidiaries, parent company and any subsidiary of our parent company whether in the EU or outside the EU (including the USA) may:

9.3 Store your personal data that relates to any incident arising from your membership with us if we think that, as a result of any incident, you could be a risk for future rentals. For example, we will record data about your failure to pay, theft of or damage to a vehicle, abusive behaviour towards our staff, any relevant criminal offence committed or alleged or if you have driven under the influence of drugs or alcohol. Such data is stored separately from our general client database though the databases are linked. If we record any such data against your name and you later seek to reserve another vehicle in the UK or elsewhere, a decision will be made by our authorised employees as to whether the rental may proceed.

9.4 Process any personal data given by you or obtained for the purposes of keeping of accounts and records in connection with this Agreement and its performance and, unless you withdraw your agreement, our marketing generally.

9.5 Verify personal, driving and credit information provided by you and any Additional Authorised Driver through credit agencies, the Driver and Vehicle Licensing Agency (DVLA), DVA and fraud prevention agencies/databases and other sources.

9.6 Provide details of any accidents in which you are involved to relevant insurance databases.

9.7 You agree that if you break the Agreement we can give such of your personal data as maybe relevant to the DVLA, DVA debt collectors and any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), which can share your personal information with its members to prevent crime and protect their assets, as allowed under the Data Protection Act 1998.

9.8 Queries about personal data should be referred to the data controller via email to datacontroller@citycarclub.co.uk

9.9 If you do not agree to your personal data being used for marketing purposes please email datacontroller@citycarclub.co.uk

9.10 Vehicles are equipped with a tracking device and a telematics system. You acknowledge that such systems utilise mobile telephone, satellite and/or radio signals to transmit data and communication and therefore privacy cannot be guaranteed. You authorise us to use and access location information concerning you for legitimate reasons (such as to investigate a lost or stolen Vehicle, your failure to return the Vehicle at the end of your rental period or to co-operate with the authorities). You accept that we are not obliged to use or ensure the proper operation of any tracking device or telematics system in the Vehicle.

 

10 Indemnity

10.1 To the extent allowed by law you agree to indemnify and hold us harmless against any claims in connection with operation of the vehicle, any damages suffered by, including without limitation, the fines and other consequences, or any matters which are the consequences of your acts or omissions.

10.2 To the extent allowed by law, we expressly disclaims any liability for damage or loss of any kind suffered by you or any third party unless it has been proven that we are at fault.

 

11 Law and jurisdiction

11.1 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.

 

Feedback, comments and complaints

A full copy of our complaints procedure is available to you upon request from our registered office

It's like having your own car to drive whenever you want, without the costs involved. Charlotte, Edinburgh

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