Terms and Conditions of Use
The following Agreement is
a) Co-wheels Community Interest Company. Registered Office: 3a
Sunderland Road, Gilesgate, Durham DH1 2LH. Registered in England no.
6512325 (the \"Service Provider\")
b) You, the user of Co-wheels Car Club (the "User")
c) Any organisation licensed to operate as part of the Co-wheels network
of car clubs, by the Service Provider in a defined area if the user is
resident within that defined area (the "Licensee")
1.1 The Service Provider intends to make available to qualifying members
of the public and corporate entities the facility of access to vehicles
operated either solely by the Service Provider or by the Service
Provider and a Licensee.
1.2 The Service Provider is willing to permit the User to use (and the
User agrees to use) designated vehicles on the terms and conditions set
forth in this Agreement.
1.3 Where a User is resident in the defined area of a Licensee, and the
Licensee is a membership based organisation, then the User shall be
considered a member of the Licensee organisation unless prohibited by
the rules of the Licensee or until such time as membership is declined
or terminated by either the Licensee or the User.
NOW IT IS AGREED AS FOLLOWS:
The following terms have the following meanings;
"Agreement" means this agreement
"Collision Damage Waiver" an optional product purchased by the User
to reduce the amount the User pays if the vehicle is damaged, lost or
stolen while it is in the User's possession.
\"Corporate Body\" means an organisation which has entered into an
agreement with the Service Provider whereby its employees, contractors,
agents, or other authorised persons may use the vehicles on its behalf.
\"User\" means the person from time to time authorised to use the
vehicle, and where the user is a Corporate Body, includes the person
authorised by both that Corporate Body and the Service Provider to use
"User's Handbook" means User's handbook, which is issued to
Users which may be superseded from time to time
2. The User's Agreement
2.1 The User agrees to be bound by the terms and conditions as listed in
this agreement and acknowledges that The Service Provider reserves the
right to repossess the vehicle at any time without demand at the User's
expense if the terms of this Agreement are breached.
2.2 The conditions and responsibilities of the user shall lie, in the
first instance, with the Corporate Body on the occasions when the user
is using the vehicle with the authority and permission of a Corporate
Body, and where that Corporate Body has agreed to accept the conditions
2.3 For the avoidance of doubt, it is assumed that when an employee,
contractor, agent, or other authorised person of the Corporate Body is
using a vehicle during the block booked hours that the corporate body
has given authority and permission for such usage.
The User agrees that prior to the driving away of the vehicle he/she
3.1 Inspect the vehicle for any damage either inside or outside the
vehicle. Any damage not shown on the previous damage report must be
recorded on the next damage report and in the logbook;
3.2 The User is only authorised to use the vehicle at the time and date
specified in a booking made with the Service Provider.
4.1 The vehicle must be returned by the agreed time and date to the
designated collection point as pre-arranged with the central
reservations, as provided by the Service Provider;
4.2 The User agrees to return vehicle keys to the glovebox within the
vehicle immediately, at the end of each hire;
4.3 The User agrees he/she will return the vehicle with all documents
and accessories present at the time of collection (see User's Handbook
for details) and in the same condition as they were on collection;
4.4 All extension of vehicle hire requests from the Service Provider
must be made prior to the agreed return time for hire.
5. Charges for Late Return
If the vehicle is not returned by the agreed time and date to the
designated collection point, the Service Provider will be entitled to
charge the User at the agreed rate (see relevant tariff details) plus
any applicable penalty charges, until the vehicle is either returned or
6. Charges for Returning the Vehicle in Poor Condition Unacceptable to
the Service Provider
If the vehicle is not returned to the Service Provider in the same
condition as it was in on collection, the Service Provider will be
entitled to charge the User for the cost of valeting, and/or servicing
the vehicle (including the cost of spare parts), in addition to the
charges arising under clause 9.
7. Other Charges
Full details of all the charges to Users are as shown on the Co-wheels
website and are available in written form on request.
In accordance with the charges as set out on the Co-wheels website, the
User shall pay or reimburse the Service Provider on demand the sum of:
7.1 The agreed joining fee and the agreed returnable deposit;
7.2 The agreed rental rate for the period including authorised and
7.3 The agreed minimum monthly charge;
7.4 Any applicable penalty charges;
7.5 All mileage charges relating to the distance travelled whilst the
vehicle is in use;
7.6 Any fines, penalties, court costs or other expenses imposed on the
Service Provider by law, arising from the use of the vehicle while on
rent to the User, unless due to the Service Provider's fault, which
shall not relieve the User or any other person of direct responsibility
to any public authority for his/her unlawfulness;
7.7 The Service Provider's costs, including reasonable legal fees and
administration charges incurred in collecting amounts due from the User
under this Agreement;
7.8 Interest at 9% above Bank of England Base Rate on any monies owing
at the end of the month following the charge arising;
7.9 Any amounts due under any clauses in this agreement relating to the
loss or damage to the vehicle;
7.10 Any sums incurred by the Service Provider in connection with the
recovery of the vehicle, or otherwise incurred by the Service Provider
due to the User's acts or omissions; and
7.11 The agreed monthly charge for the Collision Damage Waiver, in
accordance with clause 22.
8. Responsibility of he User
8.1 Subject to clause 8.3, the User is responsible for the first £600
(aged 21 or over) or £750 (under 21) of any costs of repairs for damage
to the vehicle, howsoever caused, unless the Collision Damage Waiver has
been purchased in which case clause 8.1.1 will apply.
8.1.1 Subject to clause 8.3, where Collision Damage Waiver has been
purchased, the User is responsible for the first £100 of any cost of
repairs for damage to the vehicle.
8.2 Subject to clause 8.3, the User is responsible for the first £600
(aged 21 or over) or £750 (under 21) of any costs related to the theft
of the vehicle whilst in their custody or control, unless the Collision
Damage Waiver has been purchased in which case clause 8.2.1 will apply,
8.2.1 Subject to clause 8.3, where Collision Damage Waiver has been
purchased, the User is responsible for the first £100 of any cost of
repairs related to the theft of the vehicle whilst in their custody or
8.3 In the event that damage to the vehicle or theft of the vehicle is
caused by the User's deliberate or fraudulent act, omission, abuse,
negligence or any breach of any of the terms of this Agreement, the User
is responsible to pay the full cost of repair or replacement of the
vehicle as deemed appropriate by the Service Provider and the User's
liability will not be capped at the excess amounts set out in clauses
8.1 or 8.2 and will not be protected by the Collision Damage Waiver
product purchased by the User.
8.4 The User is responsible for checking the correct fuel card is in the
vehicle at the commencement of the booking and for reporting its absence
before driving off.
8.5The User is responsible for unauthorised use of the fuel card whilst
the vehicle is in their custody or control.
9. Care of the Vehicle
9.1 The User 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.
9.2 The User must check the oil and water on collection, and
subsequently on a daily basis.
9.3 The User must inspect the tyres on a daily basis, and ensure that
they are inflated to the correct pressure at all times.
9.4 The User is responsible for keeping the vehicle sufficiently
supplied with the correct fuel (see Users Handbook), and ensuring that
the vehicle interior is left clean and tidy before it is returned.
9.5 The user must report any damage caused to the vehicle whilst out on
hire whether the vehicle is drivable or not.
10. Conditions of Use
10.1 The User must not allow the vehicle:
10.1.1 to be used to smoke in;
10.1.2 to be used to carry passengers or cargo for remuneration (it is
however permitted to share the cost of hire with passengers);
10.1.3 to be used to propel or tow any vehicle, trailer or other object
without the prior written agreement of the service provider;
10.1.4 to be used to take part in any race, rally, pace-making, trials,
speed testing or other contest;
10.1.5 to be used for motor trade use;
10.1.6 to be used while the driver is under the influence of alcohol,
drugs, or any other substance impairing their consciousness or ability
10.1.7 to be used in contravention of any traffic regulations -- note
that committing any traffic offence, other than those listed in section
11.1.3 is a violation of this agreement;
10.1.8 to be driven by any other person (including any other User) who
has not first been authorised by the Service Provider and added to the
Service Provider Agreement;
10.1.9 to drive or be driven outside England, Scotland, and Wales
without permission and documentation from the Service Provider;
10.2 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 the User's expense.
10.3 The User agrees to notify the Service Provider immediately (or at
least 48 hours before the next booking, in any event) if any of the
following events occur:
10.3.1 The User is involved in an accident involving a vehicle that he
or she is driving (whether or not a Service Provider vehicle);
10.3.2 The User's driving licence is endorsed, and the User agrees to
provide their licence with the schedule of endorsements to the Service
Provider for copying;
10.3.3 The User's occupation changes to that of a restricted occupation
(as defined in clauses 13.1.5, 13.1.6, 13.1.7, 13.1.8);
10.3.4 The User suffers from a health related complaint that restricts
their ability to drive safely.
10.3.5 The User commits any motoring offence whether or not in a Service
10.4 In the event that changes of status occur which affect eligibility
the User will be suspended, unless renewed approval can be obtained
under special conditions.
10.5 The User agrees that he/she has read and understood the User's
Handbook 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 the keys for the vehicle.
11. Insurance and Eligibility of Users
11.1 The service shall only be available to members of the public who
meet the following acceptance rules:
11.1.1 Are over the age of 18.
11.1.2 Are full driving licence holders for the class of vehicle being
hired, who have held their licence for a minimum of 12 months.
11.1.3 Have no endorsements on their licence for those aged 18 to 21,
and no more than 6 penalty points in the last five years, for drivers
aged 22 or over;
11.1.4 Have had no accidents in the last three years for drivers aged 18
to 21; no more than three accidents in the last three years for those
aged 22 and over;
11.1.5 Has not been disqualified from driving for a period exceeding six
months in the last three years or has been disqualified for more than
three months during the past year.
11.1.6 Any person not disclosed on the hirer driving declaration
11.1.7 Have been involved in no more than three accidents in the last
11.1.8 Have no more than two theft claims in the last three years.
11.1.9 Are not professional sportspersons, models, itinerant workers or
members of the entertainment profession.
11.2 Drivers Not Insured:
11.2.1 Provisional licence holders.
11.2.2 Drivers aged under 21 years with any convictions,
disqualification or accidents.
11.2.3 Drivers aged 24 or under when the vehicle being hired has a
seating capacity of nine or more, in addition to the driver\'s seat.
11.2.4 Drivers with more than 6 points
11.3 Drivers with the following convictions on their licences will not
UT50; CD40; CD50; CD60; CD70; CD71; DD40; DD60; DD80; DR10; DR20; DR30;
DR31; DR40; DR50; DR60; DR61; DR70; DR80 or DR90.
11.4 Disability Only where driver has notified DVLA at Swansea of the
disability or disease and that a licence has been issued, or not
revoked. Medical conditions which should be notified to DVLA are:
• An epileptic event
• Sudden attacks of disabling giddiness, fainting or blackouts
• Severe mental handicap
• a pacemaker, defibrillator or anti-ventricular tachycardia device
• Diabetes controlled by insulin or tablets
• Angina (heart pain) whilst driving
• Multiple Sclerosis
• Parkinsons disease
• Any other chronic neurological condition
• A serious problem with memory
• A serious problem with confusion
• A major or minor stroke
• Any type of brain surgery, brain tumour or severe head injury
involving hospital in-patient treatment
• Any severe psychiatric illness or mental disorder
• Continuing / permanent difficulty in the use or arms or legs which
affects ability to control a vehicle safely
• Dependence on or misuse of alcohol, illicit drugs or chemical
substances in the past 3 years -- this does not include drink/driving
• Any visual disability which affects BOTH eyes -- it is not necessary
to declare short/long sight or colour blindness
11.5 The Service Provider has insurance coverage for the persons using
the vehicle with their permission (and not otherwise) in accordance with
an Automatic Liability Insurance Policy (see User's Handbook). 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.
11.6 Where the User is a corporate body, they may enter into their own
policy of insurance, provided that it is with a reputable insurance
company approved in writing in advance by the Service Provider and their
insurers, and on terms acceptable to the Service Provider, and their
insurers. Documentary evidence of the insurance policy must be provided.
11.7 The User waives all rights to and agrees that the Service Provider
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 the Service Provider or such persons as
the Service Provider may direct.
12.1 The User must report any traffic accident, loss, damage, or theft
of the vehicle to the police immediately and to the Service Provider as
soon as practically possible, which would normally be within 6 hours;
the police reference number allocated must be provided.
12.2 The User must not admit liability or guilt in the event of an
accident, or promise to pay any third party, or attempt any repair. A
Service Provider accident or theft report form must be fully completed
on request. If the User does not comply with this request, insurers may
refuse the claim.
12.3 The User agrees to co-operate with the Service Provider and its
insurers in any investigation or subsequent legal proceedings
13. Personal Property
The Service Provider is not liable to the User 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 the User's or
passenger's own risk. Users are not covered by the Service Provider's
insurance for the theft of possessions or valuables from the vehicles.
14. Personal Data
The Service Provider will only use a User's personal information as set
out in the Privacy Notice.
To the extent allowed by law:
15.1 The User agrees to indemnify and hold the Service Provider 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 clause 5 above, or any matters which are the
consequences of the User's acts or omissions.
15.2 The Service Provider expressly disclaims any liability for damage
or loss of any kind suffered by the User or any third party, unless it
has been proven that the Service Provider is at fault.
16. The Service Provider's Agreement
The Service Provider agrees to be bound by the terms and conditions as
listed in this contract and acknowledges that the User reserves the
right to terminate the agreement at any time without demand at the
Service Provider's expense if the terms of this Agreement are breached.
The Service Provider agrees to provide the minimum service provision,
which is defined as follows:
17. Vehicle Provision
17.1 The Service Provider, will ensure, as far as is reasonably possible
and in accordance with the Agreement, that the vehicle is in a
17.2 Vehicles are made available (according to the agreed terms and
conditions) to Users from the designated parking stations from the
booked start time, and are accessed by the User's smartcard (see User's
Handbook for details). Once the vehicle has been checked for external
damage and internal neglect, and relevant details of condition have been
entered in the logbook, a User can then use the vehicle in accordance
with the agreed terms and conditions.
17.3 The Service Provider ensures that the vehicles are in a roadworthy
condition and are regularly serviced. In the event of a vehicle
breakdown occurring, and once the User has requested assistance (as set
out in the User's Handbook), a designated breakdown Service Provider
will attend to the vehicle (according to the terms and conditions as
arranged with the Service Provider).
17.4 Vehicles can be booked via a Service Centre or through the internet
booking site. The Service Centre can be contacted at specified times
(see User's Handbook) for bookings, general enquiries, reporting theft,
or damage of any other nature using the contact details shown in the
current User's Handbook. To access a vehicle, bookings must be made in
advance according to the terms and conditions set out in the User's
Handbook. If the User's requirements cannot be met, the Service Centre
will endeavour to offer an alternative but cannot guarantee to meet all
the User's requirements.
Changes to this Agreement
Any changes to the terms and conditions of this Agreement will be
notified to the User by the Service Provider.
19. Term of this agreement
19.1 Save for the Collision Damage Waiver which can be terminated in
accordance with clause 22.1, this Agreement shall remain in force until
cancelled in writing by either party and the User has paid all monies
due to the Service Provider.
19.2 This Agreement will be terminated if superseded by a new contract
between the User and a new Service Provider (in agreement with the
current Service Provider and User)
20. Law and jurisdiction
Any proceedings arising in connection with this Agreement shall be
submitted to the non-exclusive jurisdiction of the competent court in
the county of registration of the vehicle. The applicable law in any
proceedings will be the law of the courts of England, Wales and
The User shall not be entitled to assign or otherwise transfer any of
its rights or obligation under this Agreement.
22. Collision Damage Waiver
The Collision Damage Waiver cover limits the User's financial exposure
for damage caused to the Vehicle whilst it is in the User's care. If a
User purchases the Collision Damage Waiver product and complies with the
applicable laws and the terms of this Agreement then the Service
Provider will pay for any damage to the vehicle that exceeds the excess
amount (referred to at clauses 8.1.1 and 8.2.1). The purchase of a
Collision Damage Waiver is optional and may be declined by the Service
Provider. Collision Damage Waiver is not insurance and does not provide
or alter insurance coverage.
22.1 On payment of the relevant charges Optional Collision Damage Waiver
is provided to the User by the Service Provider for a minimum term of 12
months ("minimum term") and thereafter the User may cancel the product
by giving the Service Provider one calendar month's written notice.
22.2 The User has the right to cancel the Collision Damage Waiver
agreement within 28 days of purchasing the coverage provided the User
has had no incidents where the coverage has been utilised unless clause
22.3 applies. In the instance of cancellation by the User the following
i. Where the User has not made any journeys covered by the Collision
Damage Waiver during the period, any charges shall be refunded
ii. Where the User has made (a) journey(s) covered by the Collision
Damage Waiver, regardless of the need to facilitate coverage, no refunds
shall be made.
22.3 Should the User take out Collision Damage Waiver and subsequently
cancel the subscription they may re-subscribe to the cover, however,
where a User is re-subscribing to Collision Damage Waiver following
cancellation under clause 22.2 of this Agreement, it will be considered
a linked period and as such the 28 day cancellation period will not
apply and the minimum term in such circumstances will apply as per
clause 22.1. This will be applicable for the continuous period that the
User is a member of Co-wheels Car Club.
22.4 The Service Provider retains the right to cancel the Collision
Damage Waiver agreement at any time for any reason. Where the Service
Provider exercises the right to cancel Collision Damage Waiver, the
Service Provider will notify the User and the date of cancellation will
be deemed as the date that the Service Provider has notified the User.
22.5 If the Collision Damage Waiver is cancelled by the User during the
minimum term (but after the 28 day period referred to in clause 22.2),
the User shall remain liable for all charges due throughout the minimum
22.6 Where Collision Damage Waiver coverage as been cancelled, by either
the User or the Service Provider, only bookings completed up to the date
of cancellation will be deemed as covered. Any bookings made where the
start date of the booking is after the cancellation date will not be
covered and normal excess rates will apply.
22.7 It is the responsibility of the User to ensure there is sufficient
Collision Damage Waiver coverage applicable to the number of drivers on
the User's account in accordance with the rates at sign up and
advertised on the Co-wheels website.
22.8 In the event that it has been identified that the coverage is at an
inappropriate level based on the number of drivers on an account, the
Service Provider retains the right to consider the coverage void and
apply standard excess rates.
22.9 Where the User increases coverage based on additional drivers this
will be considered a continuation of the original agreement for the
Collision Damage Waiver product rather than a new agreement.
22.10 Where a User has multiple User accounts, coverage will only apply
to the account billed for Collision Damage Waiver. Should the User wish
additional accounts to be covered they must take out additional coverage
against the specific accounts.