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Privacy Notice

1. Introduction

This Privacy Notice explains in detail the types of personal data we may collect about you when you interact with us. It also explains how we'll store and handle that data and keep it safe.

We know that there's a lot of information here, but we want you to be fully informed about your rights, and how Co-wheels uses your data. For simplicity, throughout this notice, when we refer to 'we' or 'us' it means Co-wheels Car Club.

We hope the following sections will answer any questions you have but if not, please do get in touch with us.

It's likely that we'll need to update this Privacy Notice from time to time. We'll notify you of any significant changes, but you're welcome to come back and check it whenever you wish.

2. Explaining the legal bases for collecting and processing data

The law on data protection sets out several different reasons for which a company may collect and process your personal data, including:

Contractual obligations

In certain circumstances, we need your personal data to comply with our contractual obligations.

For example, we need your name and address to be able to send your smart card to you and we need your email address so that you can access the booking system to use the Co-wheels service.

Legal compliance

If the law requires us to, we may need to collect and process your data.  

For example, we need your driving license details to ensure that you are legally eligible to use the Co-wheels service and be covered by our insurance.

Legitimate interest

In specific situations, we require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests.

For example, to be able to provide a service and also identify ways to improve our service and your experience of using our cars we have a legitimate interest and need to hold and process your data

Consent

In specific situations, we can collect and process your data with your consent. If we are collecting your personal data and it isn't based on Contractual obligations, Legal compliance or Legitimate interest then, of course, we'll always make clear what data is necessary and why.

This Privacy Notice explains in detail the types of personal data we may collect about you when you interact with us. It also explains how we'll store and handle that data and keep it safe.

3. When we collect your personal data

  • When you register and use the Co-wheels booking system

  • When you sign up on the Co-wheels home page for further information or to be kept updated for offers

  • If you engage with us on social media. 

  • When you download or install one of our apps. 

  • If you contact us by any means with queries, complaints, details about a breakdown or accident.

  • If you ask us to email you information about a product or service.

  • When you enter prize draws or competitions.

  • If you choose to complete any surveys, we send you.

  • When you comment on or review our products and services. Any individual may access personal data related to them, including opinions. It is important to mention that if your comment or review includes information about a member of the Co-wheels team who provided that service, it may be passed on to them if requested if there is a legal or legitimate basis to do so.

  • When you fill in any forms. For example, if you are involved in an accident, a member of our team may collect additional personal data or that of third parties for insurance purposes on your behalf.

  • When you've given a third-party permission to share with us the information they hold about you. For example, when you provide us with your DVLA sharing code.

  • When you visit our website, we may collect information via cookies, pixels and tags, more information on this can be found under section 5 of this privacy policy

4. The personal data we collect

  • If you register as a Co-wheels member: your name, address as it appears on your driving license, billing details & address if different to that on your driving license, date of birth, email and telephone number. For your security, we'll also keep an encrypted record of your login password. We will also collect your driving license details and history with regards to any driving offences, as well as asking for specific information relating to medical conditions that may affect eligibility for holding a driving license.

  • If you only register on the Co-wheels website for information and offers then we will only collect your name, email address and postcode so that we can personalise the information that we send you.

  • Details of your interactions with us through our Customer Service Team or where changes have been made to your account on a self-service basis through the Co-wheels booking system.

  • Copies of documents you provide to prove your age or identity where the law requires this. (including your passport and driver\'s license). This will include details of your full name, address, date of birth and facial image. If you provide a passport, the data will also include your place of birth, gender and nationality.

  • Details of your visits to our websites or apps, and which site you came from to ours.

  • Details of your bookings and use of our vehicles including GPS and vehicle tracking data.

  • Information gathered by the use of cookies in your web browser.

  • Payment card information.

  • Your social media username, if you interact with us through those channels, to help us respond to your comments, questions or feedback.

Our services are not intended for children under the age of 17 and we do not knowingly collect data relating to children.

5. How and why we use your personal data

Due to the nature of our business and your membership of Co-wheels Car Club, the GDPR allows us to hold and use your personal data to perform the contract with you and for our legitimate business interests. See below for further details. Of course, if you wish to change how we use your data, you'll find details in the 'What are my rights?' section below.

Remember, if you choose not to share your personal data with us, or refuse certain permissions, we will be unable to provide you with membership and access to book our vehicles.

Here's how we'll use your personal data and why:

  • We will use the data you provide us with to determine your eligibility for membership of Co-wheels Car Club. This will include checking the driving license and driving history information you have provided us with to determine whether you are covered on our insurance to drive our vehicles.

  • We will use your details to provide the service delivered by Co-wheels Car Club. This will include sending your smartcard and membership pack to the address you have provided us with, sending you emails so we can verify your email address and send you booking confirmations and billing details.

  • To protect our business and your account from fraud and other illegal activities by automatically checking your password when you log in against the one that you used at registration, or reset if you have updated your password.

  • To process payments and to prevent fraudulent transactions. We do this on the basis of our legitimate business interests. This also helps to protect our customers from fraud.

  • If we discover any criminal activity or alleged criminal activity through fraud monitoring and suspicious transaction monitoring, we will process this data for the purposes of preventing or detecting unlawful acts. We aim to protect the individuals we interact with from criminal activities.

  • We will use your personal data, preferences and details of your transactions to keep you informed by email about relevant products and services including tailored special offers, discounts, promotions, events, competitions and so on. Of course, you are free to opt out of hearing from us by any of these channels at any time by contacting us as set out below.

  • To send you communications required by law or which are necessary to inform you about our changes to the services we provide you. For example, updates to this Privacy Notice, changes to terms & conditions of use, and legally required information relating to ongoing membership of Co-wheels Car Club These service messages will not include any promotional content and do not require prior consent when sent by email. If we do not use your personal data for these purposes, we would be unable to comply with our legal obligations.

  • To develop, test and improve the systems and services we provide to you. We'll do this on the basis of our legitimate business interests.

  • To comply with our contractual or legal obligations to share data with law enforcement or other relevant parties.

  • To send you surveys and feedback requests to help improve our services. These messages will not include any promotional content and do not require prior consent when sent by email or text message. We have a legitimate interest to do so as this helps make our products or services more relevant to you.

  • We will use cookies, pixels and tags to identify which pages of our website are being used to help us analyse data about web page traffic and improve our website for our customer's needs. A cookie is a small file which asks permission to be placed on your computer\'s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. \
    You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website. We also use this data for Facebook adverts and Google AdWords Remarketing to advertise Co-wheels across the Internet. Facebook and AdWords remarketing may display relevant ads tailored to you based on which parts of our website you visit, or to stop sending you adverts if they are not relevant to you. These cannot be used to identify you, and are simply used to say \"This person visited this page, so show them ads relating to that page.This helps us tailor our marketing to better suit your needs and only display ads that are relevant to you.

  • We also collect, use and share Aggregated Data such as statistical or demographic data to build a general model of users and behaviours to improve and/or enhance the service. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to understand and analyse demand and interest for our services. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

6. Using your data for direct marketing

We want to bring you offers and promotions that are most relevant to your interests at times. To help us form a better, overall understanding of you as a customer, we combine your personal data gathered as described above, for example your booking history. For this purpose, we may also combine the data that we collect directly from you with data that we obtain when you post on social media relating directly or indirectly to our pages and/or posts.

We will get your express opt-in consent before we share your personal data with any company outside Co-wheels for marketing purposes.

7. Protecting your data

We know how much data security matters to all our customers. We will treat your data with the utmost care and take all appropriate steps to protect it.

The booking system where you enter your personal data is secured by https technology and Co-wheels hold Cyber-Essentials certification, a government approved IT security certificate which has to be renewed on an annual basis.

Access to your personal data is password-protected, and sensitive data (such as your password and payment card information) is secured by encryption.

We regularly monitor our system for possible vulnerabilities and attacks, and we carry out penetration testing to identify ways to further strengthen security.

8. How long we hold your personal data

Due to the nature of membership we will keep your personal data for as long as you remain a Co-wheels member. We need to do this to ensure that we can provide the service to you. If you close your account or it was not approved for any reason or you registered your details but did not fully submit an application, we will still retain your information on the basis below

Retention Periods:

*Closed Accounts & Non-approved Accounts\
We will keep your data for 5 years, this is in case the information is required for legitimate or legal needs, for example, if an insurance claim is submitted or it is required for legal means. If after 5 years, there is a legal need to continue to hold the information we will do so until that requirement is satisfied.*

*Part registered accounts or inactive accounts\
If you have not fully registered or there has been no form of activity on your account in the last 5 years, we will contact you asking whether you want to continue your account or whether you wish to have your details removed*

9. Who we share your data with

We sometimes share your personal data with trusted third parties. 

Here's the policy we apply to those organisations to keep your data safe and protect your privacy: 

  • We provide only the information they need to perform their specific services.

  • They may only use your data for the exact purposes we specify in our contract with them.

  • We work closely with them to ensure that your privacy is respected and protected at all times.

  • If we stop using their services, any of your data held by them will either be deleted or rendered anonymous.

  • We only use companies with privacy and data policies which comply with the GDPR regulations

Examples of the kind of third parties we work with are:

  • IT companies who support our website and other business systems.

  • Operational companies such as breakdown services and insurance companies.

  • Direct marketing companies who help us manage our electronic communications with you.

  • Google/Facebook to show you products that might interest you while you're browsing the internet. This is based on either your marketing consent or your acceptance of cookies on our websites.

  • Data insight companies to ensure your details are up to date and accurate. 

  • Payment processors and your Bank for direct debit payments

  • Professional advisers including lawyers, bankers, auditors and insurers based who provide consultancy, banking, legal, insurance and accounting services.

Sharing your data with third parties for their own purposes:

  • We do not share your data with third parties for their own direct marketing purposes

  • If you are a driver on an account, then we may share your data with your account owner

  • If we are delivering the service with third party support, we may share limited information with the third party so that they may contact you for monitoring and feedback purposes

  • For fraud management, we may share information about fraudulent or potentially fraudulent activity in our premises or systems. This may include sharing data about individuals with law enforcement bodies.

  • We may also be required to disclose your personal data to the police or other enforcement, regulatory or Government body, in your country of origin or elsewhere, upon a valid request to do so. These requests are assessed on a case-by-case basis and take the privacy of our customers into consideration.

To assist us with responding to requests for information and to identify appropriate information to share with you, we currently use the following companies who will process your personal data as part of their contracts with us:

  • Google

  • Facebook

  • Linked-in

  • Twitter

  • TripIQ (this is the booking system)

  • Nation Builder (our website platform is based on this)

  • Drift (this is the live chat software on our website we use to talk to members and potential customers)

  • Mailchimp (An e-mail marketing system used to collect contact data from Nation Builder)

  • A GDPR and EU-US Privacy Datashield compliant integrated email marketing and marketing automation supplier based in Chicago, Illinois (This is used to send you emails)

  • A lead generation suite and data sub-processor which is GDPR and EU-US Datashield certified based in Miami, Florida (This is a data bridge between the above suppliers for forwarding contact information)

We may share your personal data with third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Third-party links

Our website http://www.co-wheels.org.uk may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

10. Where your data is processed

Where your data is processed within the United Kingdom or with the European Union it is done so under the same GDPR requirements. Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. On this basis it ensures that all data is processed in accordance with GDPR.

11. What are your rights

Under GDPR you have a number of rights with regards to your personal data, these are;

  • The right of access to the personal data we hold about you

  • The correction of your personal data when incorrect, out of date or incomplete.

  • The right to request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it.

  • The right to object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.

  • The right to request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data\'s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

  • The right to request the transfer of your personal data to you or to a third party.

  • The right to withdraw consent at any time where we are relying on consent to process your personal data.

You can contact us to request to exercise these rights at any time, initially by contacting our Customer Service Team at info@co-wheels.org.uk or phoning on 0191 375 1050 who will pass the request to the Data Privacy Manager. Alternatively you may write to: Data Privacy Manager, Co-wheels Car Club, 3a Sunderland Road, Gilesgate, Durham, DH1 2LH

Your right to withdraw consent

Whenever you have given us your consent to use your personal data, you have the right to change your mind at any time and withdraw that consent.

Where we rely on our legitimate or legal basis

In cases where we are processing your personal data on the basis of our contract with you or our legitimate interests, you can ask us to stop for reasons connected to your individual situation however dependent on the data which you are requesting us to stop processing this may result in our not being able to provide you with an ongoing service. 

In such cases where you accept that this may be the outcome and decide to close your account, we must then do so unless we believe we have a legitimate or legal overriding reason to continue processing your personal data.

Direct marketing

You have the right to stop the use of your personal data for direct marketing activity through all channels, or selected channels. We must always comply with your request.

Checking your identity

To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make under this Privacy Notice. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

12. Opting out of direct marketing

There are several ways you can stop direct marketing communications from us:

  • Click the 'unsubscribe' link in any email communication that we send you. We will then stop any further marketing emails from that us.

  • Email info@co-wheels.org.uk and let us know, please make sure you email us from the registered email address so that we can be sure we remove the right one.

  • Write to: Data Privacy Manager, Co-wheels Car Club, 3a Sunderland Road, Gilesgate, Durham, DH1 2LH

Please note that you may continue to receive communications for a short period after changing your preferences while our systems are fully updated.

If you do not wish to participate in our Google AdWords Remarketing, you can opt out by visiting Google\'s Ads Preferences Manager[.]{.underline} If you wish to change or opt out of Facebook adverts then you can amend your settings by using this guide and stop specific ads or companies, including those from Co-wheels, by following this guide

13. Any questions

Hopefully this Privacy Notice has been helpful in setting out the way we handle your personal data and your rights to control it.

Co-wheels Car Club Community Interest Company is the controller and responsible for your personal data. Its company number is 6512325 and registered office is at 3a Sunderland Road, Gilesgate, Durham DH1 2LH.

If you have any questions on this privacy notice or anything else relating to your rights, please contact our Data Privacy Manager who will be pleased to help you:

  • Email via info@co-wheels.org.uk

  • Or write to us at Data Privacy Manager, Co-wheels Car Club, 3a Sunderland Road, Gilesgate, Durham, DH1 2LH

14. The Regulator

If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner's Office.

You can contact them by calling 0303 123 1113.

Or go online to www.ico.org.uk/concerns

Terms and Conditions of Use

The following Agreement is

Between:

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. Background

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:

Definitions

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 the vehicle.

"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 and responsibilities.

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.

3. Collection

The User agrees that prior to the driving away of the vehicle he/she will:

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. Return

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 recovered.

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 unauthorised extensions;

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 control.

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 to react;

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 Provider Vehicle.

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 (application form).

11.1.7 Have been involved in no more than three accidents in the last three years.

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 be insured:

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 fitted

• 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 offences

• 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. Accidents

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.

15. Indemnity

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 roadworthy condition.

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.

18. General

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 Scotland.

21. Assignment

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 will apply:

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 term.

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.

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