CO WHEELS CAR CLUB

TERMS AND CONDITIONS OF USE

https://www.co-wheels.org.uk/

1. Introduction

1.1 These terms and conditions provide you with information about us and the legal terms and conditions covering your membership of the Co Wheels car club and your use of Co Wheels vehicles (“Terms”).

1.2 It’s an important legal document, so if there is anything you do not understand, please contact us by calling 0191 375 1050 or email us at info@co-wheels.org.uk

1.3 Where these Terms say “you” or “your”, they’re referring to the members (individuals or organisations) that have signed up to a Co Wheels account to use our car hire services.

1.4 Where these Terms say “we”, “us” or “our”, they are referring to Co-Wheels Car Club Community Interest Company whose registered office is at 7-15 Pink Lane, Newcastle Upon Tyne NE1 5DW (Company Number 6512325). Our registered VAT number is 926671305.

1.5 If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address that you provided to us in your application.

1.6 "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.

1.7 When accessing our website or app, subscribing for an account or using the vehicle hire services, you may be subject to additional policies and terms. If applicable, all such policies and terms are hereby incorporated by reference into these Terms. In the case of any inconsistency between these Terms and any such policy or additional terms, these Terms shall prevail.

2. Eligibility

2.1 To drive any Co Wheels vehicle, you must become a car club member (see section 4) and meet the requirements set out below.

2.2 If you drive a Co Wheels vehicle without meeting these requirements, you won’t be validly insured, which would mean you could be committing a criminal offence.

2.3 If you cannot meet these requirements, or at any point in future things change and you no longer meet all these requirements:

1. you must tell us immediately; and
2. unless we’ve expressly agreed differently with you, your contract with us (and your right to drive Co Wheels vehicles) will automatically end (whether or not you tell us).

2.4 The requirements are:

• you must be 19 or over and have held a full driving licence for a minimum of 12 months;
• If you are aged 25 or under, you must possess a clean licence, with 0 points or endorsements.
• Applicants 26 or over must have no more than 6 points issued on their driving licence and no one offence with 6 points or more.
• If you have been disqualified from driving at any point, you are not eligible for membership.
• If you have been involved in 2 or more accidents within the last 3 years (or 1 or more accidents if you are aged 21 and under) you are not eligible for membership.
• If you have had 2 or more theft claims in the last 3 years, you are not eligible for membership.
• If you are a professional sportsperson, model, itinerant worker or member of the entertainment profession, you are not eligible for membership.

Drivers Not Insured:

• Provisional licence holders
• Drivers aged 18 and under
• 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.
• Drivers with more than 6 points or 6 points received in a single driving offence
• Drivers who have held a licence for less than 12 months
• Drivers under the age of 25, postcode restrictions may apply

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.

2.5 You must tell DVLA:

• if you develop a notifiable medical condition or disability or
• a condition or disability has got worse since you got your licence.

Notifiable conditions are anything that could affect your ability to drive safely. Please refer to information provided in this link https://www.gov.uk/driving-medical-conditions

You must tell us immediately if your driving licence is revoked or not issued by the DVLA and your right to access and/or use Co Wheels vehicles will immediately cease until further notice to the contrary by us.

3. Use Restrictions

3.1 In addition to the above requirements, you can’t use, or allow the use of, any Co Wheels vehicle for any of the following:

• to carry out multi-drop deliveries (this does not include businesses who have to deliver their own products or paperwork, which is allowed)
• to carry passengers or cargo for payment or reward (but you can share the cost of hire with passengers, so long as you don’t profit from that);
• to propel or tow any vehicle, trailer or other object;
• to take part in any competition, trial, performance test, race, rally, or trial of speed, including off-road events;
• for driving outside mainland UK unless you obtain prior authorisation from us https://co-wheels.zendesk.com/hc/en-gb/articles/360011224700-Can-I-Take-My-Booked-Vehicle-Anywhere ;
• to convey pets or any other animals unless we have given you prior written consent;
• to be used while the driver is under the influence of alcohol, drugs, or any other substance impairing their consciousness or ability to react;
• to be used in contravention of any traffic regulations;
• to be driven by any other person who has not first been authorised by us as an additional driver;
• to be overloaded with more passengers than seatbelts, to transport children without the legally required car seats, or otherwise in breach of the legally prescribed safety precautions;
• to be used on unpaved roads, racetracks, beaches, and test courses;
• for illegal or anti-social activity.

3.2 Failure to comply with the above conditions of use may result in termination or suspension of your account and/or the charge of penalty payments or the recovery of the Co Wheels vehicle without notice at your expense.

4. Joining the Club

4.1 Co Wheels is a car club. That means every user has to join the club and agree to the Terms.

4.2 By accepting these Terms you are agreeing that they apply if your membership application is accepted by us and this will form a contract between us. If we decline your application (which we’re allowed to do at our discretion), then these Terms will not apply to you (or us).

4.3 The application for an account can be made online and needs to be completed fully, accurately, and truthfully. You will need to supply all the information requested and any documents that are required by us. This application will constitute an offer to register for a Co Wheels account.

4.4 We will need to verify your driving status with the DVLA and undertake identity checks before we can accept your application and you can become a member.

4.5 Acceptance of your application will take place once we send you a confirmation email that your account has been verified, at which point a contract for membership will come into existence between you and us (“contract”). Your driver smart card will be sent to the address set out in your application.

4.6 If we are unable to accept your application, we will inform you of this in writing and will not charge you any fees.

4.7 You will be able to access your account by logging in and entering an email address and a password.

4.8 Your account is personal to you, and you are solely responsible for any and all activity that occurs under the account. You must notify us immediately of any breach of security or unauthorised use of your account that you become aware of.

4.9 We may ask you to provide us with validity of your driving licence upon activation of your account and at regular intervals thereafter.

5. Cancellation, Suspension and Termination

A Cancellation of Membership (by you)

5.1 Consumers have the right to cancel their contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the date of the account verification email as referred to in clause 4.5 above. To exercise the right of cancellation you must inform us by doing one of the following

(a) Phone or email. Call customer services on 0191 375 1050 or email us at info@co-wheels.org.uk. Please provide your name, home address, and, where available, your phone number and email address.

(b) By post. Print off the form below and post it to us at the address on the form. Or simply write to us at that address.

5.2 If you cancel the contract in accordance within the cancellation period and before we provide any vehicle hire services to you, we shall reimburse to you all payments received from you.

5.3 You can make a booking for vehicle hire services during the cancellation period. If we provide vehicle hire services during the cancellation period, you will still have the right to cancel this contract during the cancellation period but the following will apply:

(a) We may only issue a partial refund of fees paid by you based on use of benefits during that time by you, and

(b) You will be responsible for paying to us any charges incurred for the use of the Co Wheels vehicles during the cancellation period and any other charges and/or fines incurred by you connected to the use of Co Wheel’s vehicles during the cancellation period.

5.4 We will carry out any reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event you will not incur any fees as a result of such reimbursement.

5.5 You may cancel the contract at any time after the 14 day period referred to in clause 5.1 by emailing us at info@co-wheels.org.uk.

B Cancellation of Membership (by us)

5.6 We may suspend your membership or terminate the contract immediately and without notice if:

(a) you fail to pay any sums due;

(b) you become bankrupt;

(c) you fail to comply with these Terms and such breach can’t be remedied or, where such a breach can be remedied, you have failed to do this within 5 days of us notifying you of the breach;

(d) we discover that any information provided by you is false, incorrect or incomplete or you have withheld material information that is relevant to your membership;

(e) you are involved in an accident which, in our reasonable opinion, renders you ineligible or inappropriate for continued membership.

5.7 On termination of the contract (by you in accordance with clause 5.5 or by us in accordance with clause 5.6) your joining fee and membership fees are non-refundable and the membership fee for the month during which you terminate will not be refunded and remain due and payable.

5.8 We reserve the right to repossess the Co Wheels vehicle at any time at your expense if you do not comply with these Terms.

C Cancellation of Vehicle Booking (by you)

5.9 You can cancel your booking for the Co Wheels vehicles up to two hours prior to the booking start time at no additional cost.

5.10 If you cancel within 2 hours of the booking start time, or after your reservation has begun, you are still charged your full reservation cost.

5.11 Please view our refund policy at https://co-wheels.zendesk.com/hc/en-gb/articles/11506449210898

6. Our Obligations

6.1 Once you have been accepted as a member, you are allowed to book and use any available Co Wheels vehicle in any location where we operate.

6.2 Once you have booked a Co Wheels vehicle, we will make it available to you (in accordance with these Terms) for the duration of your booking.

6.3 We will ensure that, as far as is reasonably possible, all Co Wheels vehicles made available for booking are in a roadworthy condition and are regularly serviced.

6.4 We have contracted with a designated breakdown service provider to attend to any broken-down Co Wheels vehicle. You must tell us about any breakdown in accordance with section 13.

6.5 If any event or circumstances beyond our reasonable control makes it impossible or impractical for us to fulfil our obligations to you, we are relieved from those obligations. If this affects any bookings (including bookings which have already started), your affected booking will automatically be cancelled, you will not be charged, and we will have no further obligation or liability to you in respect of that booking.

6.6 If you are not satisfied with our service, you can make a complaint through our complaints procedure https://co-wheels.zendesk.com/hc/en-gb/articles/4410646938002-How-can-I-make-a-complaint-

7. Charges

A Core Charges

7.1 Details of our core charges are set out at https://co-wheels.zendesk.com/hc/en-gb/categories/360002289440-Pricing

7.2 We may update the content of those pages or their URLs (their web addresses) at any time (but changes we make part-way through a booking won’t affect that booking). Those pages are referred to in these terms as “the Pricing Page”.

• 1. You will pay:

1. a one off joining fee (“joining fee”); and
2. a monthly membership fee (“membership fee”) and
3. a booking fee for the duration of the booking plus a mileage fee per mile driven (“booking fee”).

7.4 When you book a Co Wheels vehicle, the booking fee will be the price quoted to you prior to your rental confirmation. The final price is time-based and mileage-based as described on the Pricing Page for the type of vehicle in question, based on the duration of your use of the vehicle and how far you drive it. All booking fees include insurance.

B Additional Charges – General

7.5 We may pass on or impose the following additional charges arising from your use of any Co Wheels vehicle, at our discretion:

• charges for going over your booked time, or failing to do what’s required when you return the vehicle (see section 10);
• parking charges and penalties (including release fees), plus related administration charges and court or legal costs;
• other charges and penalties (for example, congestion charges or speeding fines), plus related administration charges and court or legal costs;
• tolls or other similar charges;
• costs for additional valeting as a result of the Co Wheels vehicle being left in a poor condition;
• costs falling within the relevant insurance excess (see sections 7.9 and 7,10 below) or any insurance deductibles, plus all costs of fixing any uninsured loss or damage or any damage which you failed to tell us about;
• costs of repairing or replacing vehicle keys;
• a fee for replacing your Smartcard, if lost or damaged by you;
• costs incurred by us in recovering any Co Wheels vehicle from you;
• failing to refuel / plug in an EV – At the end of a rental, returning car with less than 1/4 fuel in the tank or failing to plug the car in to charge; and
• any other costs that are as a result of you breaching these Terms.

Please refer to our website at https://co-wheels.zendesk.com/hc/en-gb/articles/360011422119-Are-There-Any-Other-Charges-

7.6 Nothing in (or omitted from) the above list stops us from claiming from you any amount which we are entitled to claim under the general law.

C Additional Charges – Insurance and Damage

7.7 Collision Damage Waiver

We offer an optional Collision Damage Waiver product (“CDW”), which is an opportunity to pay an additional sum to reduce the amount you’re liable for if a Co Wheels vehicle is damaged while under your care. You can see further details at section 15 below and on our website at https://www.co-wheels.org.uk/collision-damage-waiver

7.8 Standard Excess

If you haven’t purchased CDW or the damage isn’t covered by CDW, you will still, in all cases, be responsible for the fees set out on our website https://co-wheels.zendesk.com/hc/en-gb/articles/360011224500-Insurance-Cover

7.9 In the event that damage to the vehicle or theft of the vehicle is caused by your deliberate or fraudulent act, omission, abuse, negligence or any breach of any of the Terms, you are responsible to pay the full cost of repair or replacement of the vehicle as deemed appropriate by us and your liability will not be capped at the excess amounts set out on our website and you will not be protected by the CDW product you have purchased.

8. Payment Terms

8.1 The joining fee will be payable upon the verification of your account in accordance with clause 4.5. The amount of your joining fee is as specified to you during the membership application process. The joining fee will not be payable again as long as your membership remains current. If your membership ends for any reason and you later want to become a member again, a further joining fee (which may not be the same as the first joining fee) will apply.

8.2 Your membership fee will be payable on the first day of every month after you have joined.

8.3 Payment for the booking fee will be taken two hours before your booking starts. If you make a booking which is due to begin within 2 hours your card will be charged immediately. If there were no problems with the booking, payment for your mileage, and any adjustments to the booking, will be taken up to 24 hours after your hire ends. In the unlikely event of a delay in retrieving, mileage data, payments may be taken a few days after your hire ends. If you return a Co Wheels vehicle early, you will still be charged for the full duration of your booking. Please also refer to https://co-wheels.zendesk.com/hc/en-gb/articles/360011325619-When-Is-My-Card-Charged-

8.4 All charges, which become due under these Terms or any other agreement between us, will be charged to the credit or debit card which you have presented to us under the continuous payment authority (“CPA”).

8.5 Your acceptance of these Terms is authority for us to compute and debit all monies due from you against your nominated bank account (or any other bank account or other payment method for which you provide us details) at any time.

8.6 You are subject to CPA unless you specifically notify us that you wish to opt out. If you choose to opt out your membership will be restricted and this may result in the termination or suspension of your account.

• 1. If your payment of any invoice is declined or late:

1. we may charge you an administration fee;
2. we can suspend your membership until you have paid all sums you owe us;
3. we can still charge you for bookings under a suspended account, unless you cancel them;
4. we can charge you interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount; and
5. your booking will be frozen and the following terms will apply: https://co-wheels.zendesk.com/hc/en-gb/articles/360011325999-What-Happens-If-My-Payment-Fails

8.8 If you are allocated any driving credit (for example, as part of the joining process or a promotion), it cannot be placed towards other charges such as mileage fees, the monthly membership fee and the CDW. https://co-wheels.zendesk.com/hc/en-gb/articles/360011173000-What-Is-Driving-Credit-

8.9 You agree that where you fail to return a Co Wheels vehicle at the end of a rental period that all time and mileage charges will be charged immediately under the CPA.

8.10 Your payment obligations under this section 8 of these Terms shall survive termination of your membership insofar as you have an outstanding balance at the point of termination.

9. Booking and Collection

9.1 To access a Co Wheels vehicle, you book it according to the guidance set out on our website or app. If your requirements cannot be met, we will try to offer an alternative but cannot guarantee to meet all your requirements.

9.2 You will be required to log into your account with valid contact information, including your email address and password for access to the Co Wheels vehicles.

9.3 Once booked, a Co Wheels vehicle can be collected by you from its designated parking bay or geofenced zone from the booked start time.

9.4 Before you use the Co Wheels vehicle, you must:

• check the correct fuel or charge card is in the Co Wheels vehicle; and
• inspect it for damage or other issues, both inside and outside.

9.5 If you arrive at your booked Co Wheels vehicle to find a parking ticket, please take a photograph of the front and back of the penalty charge notice, and send this via email to info@co-wheels.org.uk. Please then place the parking ticket in the glove box.

9.6 If there is any damage to the Co Wheels vehicle, please complete the damage log in the vehicle and report the damage to us, however minor or insignificant you feel it might be. Please also send a photo of any damage by email to info@co-wheels.org.uk.

9.7 We would recommend that you take photographs of any damage to help establish liability if needed.

9.8 Unless you have notified us of any damage or other issues as referred to above, by removing the vehicle from the designated parking bay or geofenced zone you are *accepting the vehicle in its current condition and fuel/charge level.

9.9 You are responsible for any Co Wheels vehicle booked by you from the time of its collection to the time of its return to a designated parking bay including use of the fuel or charge card.

9.10 You must follow the instructions in the driver handbook in the vehicle before driving the vehicle and refer to our guidance on the website in relation to use of the vehicles https://co-wheels.zendesk.com/hc/en-gb/categories/360002312579-Using-the-vehicles

10. Return

10.1 When your booking of a Co Wheels vehicle ends, you must:

• return the vehicle by the agreed time and date to the designated parking bay or geofenced zone. Please see the guidance on our website if someone else is parked in the designated bay https://co-wheels.zendesk.com/hc/en-gb/articles/4405440058130-I-ve-returned-the-car-to-the-bay-but-someone-else-is-parked-there- ;
• return the vehicle with all documents and accessories present and in the same condition as at the time of collection;
• for petrol or hybrid cars, return the vehicle with at least a quarter of a tank of the correct fuel (each car has its own fuel card, in the glove compartment, for the purchase of fuel), failure to do so will incur a penalty fee (see clause 7.5 Additional Charges);
• for electric vehicles, ensure they are left charging;
• close all the windows and lock the vehicle;
• return the vehicle’s key (or key fob) to the glove compartment and return the fuel card or charge card to the location you found them;
• remove all personal possessions; and
• ensure the car is left clean and tidy.

10.2 If you fail to do any of the above, we may charge you for our reasonable resulting costs, including:

1. for late returns, mileage and hourly charges at the agreed rate, plus a late return fee, until the vehicle is either returned or recovered;
2. the cost of professional cleaning; and
3. the cost of servicing the vehicle (including the cost of spare parts).

10.3 Please refer to the guidance on our website regarding booking and returning a vehicle, https://co-wheels.zendesk.com/hc/en-gb/categories/360002312539-Booking and https://co-wheels.zendesk.com/hc/en-gb/categories/4405644680210-Problem-car-arrival-car-return-

11. Care of the Vehicle

11.1 For any Co Wheels vehicle in your care, you must:

• look after it;
• make sure it is locked and secure when not in use;
• use the correct fuel; and
• use any security device fitted or made available by us.

11.2 You must monitor the oil warning light and temperature gauge during any trip and let us know if any warnings are triggered.

11.3 You must visually inspect the tyres (including their tread depth) on each booking and check that they appear correctly inflated.

11.4 You must not remove or damage the Co Wheels livery.

12. Rules

• 1. In addition to any more detailed obligations in these Terms, you must:
• use any Co Wheels vehicle sensibly and safely;
• not allow anyone else to drive a Co Wheels vehicle which you booked, unless they are also a Co Wheels member named as an additional driver in your account (in which case you remain liable for anything that happens on that booking, even if you are not driving at the time, though this doesn’t stop us also claiming against the other Co Wheels member);
• tell us if something goes wrong (please see section 13);
• pay all due amounts in full and on time (please see sections 7 and 8);
• look after any Co Wheels vehicle in your care (please see section 11);
• collect and return vehicles as described (see sections 9 and 10).

12.2 If your application is accepted, we’ll send you a smart card. The following rules apply to your smart card:

• you must not allow it to be used by anyone else, including other Co Wheels members.
• you must tell us immediately if it’s lost or stolen.

12.3 By using any Co Wheels vehicle, you are confirming that you have read and understood the user guides on our website https://co-wheels.zendesk.com/hc/en-gb and will comply with them.

• 1. You must not, and must not allow anyone else to:
• drive any Co Wheels vehicle while under the influence of alcohol, drugs, or any other substance impairing consciousness or ability to react;
• smoke in any Co Wheels vehicle;
• drive any Co Wheels vehicle in a way which breaches any traffic or parking regulations or restrictions; or
• damage any Co Wheels vehicle by driving in a way which is not appropriate to the vehicle type (for example, driving a manual car in a way which damages the gearbox or clutch due to non-careful driving).

13. Emergencies

13.1 You must call us on 0191 375 1050 straight away (within 2 hours) if any of the following things happen while you have a Co Wheels vehicle booked out:

• you are involved in an accident;
• you suffer a breakdown or other Co Wheels vehicle malfunction (including a puncture);
• you have to change any equipment on the vehicle (for example, light bulbs or wiper blades);
• any damage, loss or theft to the vehicle; or
• a warning light comes on.

13.2 For any breakdown or other Co Wheels vehicle malfunction (including a puncture), you must contact us and not try to fix it yourself or using anyone else. Please stay with the vehicle until the repair has been fully completed by our designated breakdown service provider.

13.3 If, while using a Co Wheels vehicle, you have an accident involving any personal injury, loss or damage, or if it is stolen, you must:

• report it to the police immediately; and
• tell us as soon as reasonably possible (within 2 hours of the accident taking place) giving us the police reference number at the same time.

13.4 In addition, if you have an accident, you should try to get photographs on a mobile phone of our vehicle, and any other vehicles involved in the accident. We will also require:

• Third party drivers name, home address, telephone number, insurer and policy number.
• Names, addresses, telephone numbers of all passengers in other vehicles and as well as our vehicle.
• Details of the accident. Please never admit liability. Please try and specify the incident in as much detail as possible.
• Passer by witness name, address, telephone numbers if applicable.
• Weather conditions at the time of the collision.
• Location of the accident.
• Details of emergency services if they attended the scene.

14. Insurance Requirements

14.1 We carry comprehensive motor insurance cover for people using Co Wheels vehicles with our permission. 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 You (and others using a Co Wheels vehicle) are not covered by our insurance for the theft of possessions or valuables from the vehicles.

• 1. To help us meet our insurance obligations and administer the policy properly:
• you must notify us immediately (or at least 48 hours before your next booking, in any event) if any of the following things happen:
  • your address changes;
  • you are involved in an accident involving a vehicle that you are driving (whether or not a Co Wheels vehicle);
  • you commit any motoring office (whether or not in a Co Wheels vehicle);
  • your driving licence status changes, including any points or endorsements; or
  • your occupation changes in a way which means you no longer meet the requirements set out in section 2 above, or you fail to meet any other requirements set out there;
• you waive all rights to, and agree that we, or persons acting on our behalf, will conduct negotiations and agree any settlement with the insurers or anyone else;
• you agree to co-operate with Co Wheels and its insurers in any investigation or subsequent legal proceedings and agree to telematics data being used as part of any investigation;
• you agree that any monies or liabilities (including excess charges) in respect of vehicle loss or damage will be paid to or by us or such persons as we may direct;
• you accept that we may suspend your membership during an accident investigation, if we have reasonable cause to believe that you may have responsibility for the accident);
• if you do not have a UK driving licence, you must comply with the UK legal requirements for driving in the UK on a foreign licence (and you acknowledge that if you fail to do this, you may not be covered by our insurance).

15. Collision Damage Waiver (“CDW”)

15.1 If you purchase CDW and comply with the applicable laws and these Terms then if you have an accident, theft or loss of the vehicle, we will reduce the excess fee you would be required to pay. The purchase of CDW is optional. CDW is not insurance and does not provide or alter insurance coverage.

15.2 We reserve the right to refuse this additional option to your membership account and we will contact you if there are any issues preventing us from adding the option for you. CDW is not currently available for drivers aged 21 and under.

15.3 CDW may be purchased on a monthly or annual subscription basis as set out in this section 15. CDW is an automatically renewing service charged monthly or yearly depending on your subscription model. You can cancel your CDW benefits following rules in this Section 15 below.

A Annual CDW

15.4 Your annual CDW subscription will start on the date we confirm by email we have accepted your application for CDW (“Start Date”). The contract between us will last for 12 months (the "Initial Fixed Term") and will continue after the Initial Fixed Term for a further period of 12 months (the "Subsequent Fixed Term") unless it is terminated by you or us in accordance with sections 15.7 and 15.13 below.

15.5 We will email you at least 4 weeks prior to the end of your Initial Fixed Term and any Subsequent Fixed Term about your upcoming auto-renewal. If you do not end your subscription with us in accordance with section 15.7, it will be automatically renewed for a further period of 12 months. The same renewal process will apply at the end of any Subsequent Fixed Term, so there will be consecutive Subsequent Fixed Terms until terminated in accordance with sections 15.7 and 15.13 below.

15.6 On the Start Date you must pay for the CDW by paying in advance for the Initial Fixed Term, We will continue to charge you the CDW fee for any Subsequent Fixed Term on each anniversary of your Start Date. Unless you tell us otherwise, we may charge the CDW fee directly to any of the credit or debit cards (or collect from your bank account) which you have provided us with details of as part of the membership application.

15.7 You may end the annual subscription for CDW:

1. if you are a consumer, within 14 days of the Start Date and the anniversary of each Subsequent Fixed Term (“cooling off period”); or
2. by giving us not less than 7 days' written notice prior to the end of the Initial Fixed Term or a Subsequent Fixed Term.

You can provide notice of cancellation to us by the methods set out in section 5.1.

15.8 If you cancel the annual subscription within the cooling off period:

1. where we have not provided vehicle hire services to you during the cancellation period, we shall reimburse you the payment received from you for that Initial Fixed Term or Subsequent Renewal Term;
2. where we have provided vehicle hire services to you during the cancellation period, we will only issue a partial refund of fees paid by you based on use of benefits during that time by you. .

B Monthly CDW

15.9 Your monthly CDW subscription will start on the date we confirm by email we have accepted your application for CDW (“Start Date”) and will continue month-to-month until terminated by you or us in accordance with sections 15.11 and 15.13 below.

15.10 The CDW fee will be charged on a monthly basis, to any of the credit or debit cards (or collect from your bank account) which you have provided us with details of as part of the membership application, on the Start Date and will continue month-to-month until terminated by you or us in accordance with sections 15.11 and 15.13 below.

15.11 You may end the monthly subscription for CDW:

1. if you are a consumer, within14 days of the Start Date (“cooling off period”), or
2. at any time during your CDW subscription with us.

You can provide notice of cancellation to us by the methods set out in section 5.1.

• 1. If you cancel the monthly subscription within the cooling off period:

1. where we have not provided vehicle hire services to you during the cancellation period,, we shall reimburse you the payment received from you for the first monthly fee (if any);
2. where we have provided vehicle hire services to you during the cancellation period, we will only issue a partial refund of fees paid by you based on use of benefits during that time by you.

15.13 Exclusions and Termination by Us

The reduction of liability for the excess fee through the purchase of a CDW will not apply, and/or the CDW subscription may be terminated by us, if:

1. you use the vehicle in breach of these Terms, including if you permit any other person to drive a Co-wheels vehicle, engage in any prohibited use of a Co-wheels vehicle or, purposely or through negligence (e.g. by putting the wrong type of fuel in a vehicle, lost, stolen or broken keys etc.), damage a Co-wheels vehicle or third party property;
2. you fail to close and lock all windows, doors, the bonnet and boot and the vehicle is stolen, damaged or vandalised;
3. you fail to notify Co-wheels immediately after an accident or loss;
4. you fail to pay any sums due under these Terms; or
5. your membership is terminated in accordance with section 5.6

15.14 On termination of the CDW subscription by us in accordance with section 15.13 or cancellation by you outside the cooling off period, the CDW fees are non-refundable and the CDW fee for the month/year during which you terminate will not be refunded and remain due and payable.

15.15 We may end the CDW subscription between us at any time and for any reason by giving you not less than 30 days' written notice. In this case, we will refund any CDW fees you have paid in advance.

15.16 Where CDW subscription has been cancelled, by either us or you, 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.

General CDW Obligations

15.17 It is your responsibility to ensure there is sufficient CDW coverage applicable to the number of drivers on your account in accordance with the rates at sign up and advertised on the Co-wheels website.

15.18 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, we retain the right to consider the coverage void and apply standard excess rates.

15.19 Where you increase coverage based on additional drivers this will be considered a continuation of the original subscription agreement for the CDW product rather than a new agreement.

15.20 Where you have multiple accounts, coverage will only apply to the account billed for the CDW product. Should you wish additional accounts to be covered you must take out additional coverage against the specific accounts.

15.21 All other terms related to the CDW subscription shall be as stated in these Terms where applicable.

16. Business Users

16.1 “Business user” refers to an organisation that has one or more staff members registered to use Co Wheels vehicles.

16.2 The clauses in this “Business Users” section only apply to business users. To the extent that these clauses conflict with other clauses in these Terms, these clauses will apply in place of those other, conflicting clauses.

16.3 Business users are responsible for all acts or omissions of the people using Co Wheels vehicles under their organisation’s account. Business users will ensure that all people using Co Wheels vehicles under their account comply with the requirements and obligations set out in these Terms.

16.4 If we expressly agree bespoke pricing or payment arrangements with a business user, those will apply in place of the arrangements set out in these Terms.

16.5 Business users are responsible for all fees, costs and charges incurred by people using Co Wheels vehicles under their account.

16.6 To register someone to use a business user’s account, the business user must provide us with a completed membership application and all supporting documentation we require, and they must have a business email address.

16.7 Business users must keep the list of people authorised to use Co Wheels vehicles under their account fully up-to-date. Business users must tell us immediately if someone who is authorised under their account leaves their organisation or stops being authorised to use their account.

17. Data and Privacy

17.1 For the performance of our services in accordance with these Terms, we will process your personal data as set out in our member privacy notice.

17.2 In particular, we may use location data in accordance with our member privacy notice, to help monitor your use of Co Wheels vehicles and to assist with crime prevention and law enforcement (all Co Wheels vehicles are fitted with tracking devices and can be tracked at any time, though we don’t routinely monitor your location).

17.3 It is your responsibility to ensure that your personal details registered with us are kept up to date.

18. Liability

18.1 If any claim is made against us in connection with your use of a Co Wheels vehicle, or any breach by you of these Terms or the law, you will fully cover all damages, penalties, costs (including all reasonable legal costs) and losses which we incur as a result.

18.2 We are not liable to you or any passenger for loss or damage to property left in any Co Wheels vehicle either during the booking or after it ends. If you or any of your passengers leaves any property behind after your booking, we will usually try to tell you and give you a chance to recover it, but cannot guarantee this. If you fail to recover any property left in a Co Wheels vehicle after your booking within a reasonable period after we’ve told you about it, we may dispose of it without any liability to you or anyone else. We may recover from you:

• our reasonable costs of disposal, where relevant; and
• all damages, penalties, costs (including all reasonable legal costs) and losses which we incur as a result of someone making a claim against us in respect of our disposal of their property.

18.3 These Terms do not exclude any liability which, by law, cannot be excluded or limited. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.

18.4 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both us and you knew it might happen, for example, if agreed in writing between us and you.

18.5 Subject to clause 18.3, in no event shall our total aggregate liability under or in connection with our contract with you, whether for tort (including negligence), breach of contract, misrepresentation or otherwise:

1. for third party property damage, exceed the amount of five million pounds sterling (£5,000,000); and
2. for all other loss or damage, exceed an amount equal to the aggregate membership and vehicle booking fees paid and payable by you during the twelve (12) month period prior to the first date on which an event giving rise to the liability occurred.

19 General Legal

19.1 We reserve the right to change these Terms, from time to time. We will give notice of essential changes to you in a timely manner. Notice to you will be considered given when such notice is (a) indicated and accessible from the first page accessed after you log-on to the website, (b) indicated and accessible when you use the Co-Wheels app, (c) provided by email to your email address on file with us, or (d) provided via our newsletter. You agree that all changes to these Terms will be effective and binding on the effective date indicated in the notice, which at a minimum should be fourteen (14) days following notice of the changes. You may cancel your membership within the period referred to in the notice by emailing info@co-wheels.org.uk. If you fail to cancel within that period, you will be deemed to have accepted the changes.

19.2 Your membership is personal to you. You may not assign or transfer in any other way to anyone else any of your rights or obligations under this contract.

19.3 We can transfer our contract with you, so that a different organisation is responsible for supplying the service. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.

19.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

19.5 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

19.6 We are the owner or the licensee of all intellectual property rights in our website and app including the trade mark “Co wheels”, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on our sites for commercial purposes without obtaining a licence to do so from us or our licensors. You may not reproduce in any format (including on another website) any part of our sites (including content, images, designs, look and feel) without our prior written consent. If you print off, reproduce, copy or download any part of our site in breach of these Terms, your right to use our website and app will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

19.7 You agree not to engage in any exploitative activities including, but not limited to, automated scraping, bulk data saving, or any other form of data extraction for commercial purposes, from our booking system. You also agree not to exploit the booking system in any manner, including but not limited to, manipulating the system to gain unfair advantage, disrupting its normal operation, or engaging in any activity that compromises the integrity of the system. Any such activity will be considered a breach of Terms under clause 5.6 and may result in immediate termination of the offending account and potential legal action.

19.8 These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Cancellation Form

To: Co-Wheels Community Interest Company

7-15 Pink Lane,

Newcastle Upon Tyne

NE1 5DW

0191 375 1050

info@co-wheels.org.uk

I hereby give notice that I cancel my contract for the provision of the following service:

• 1. *membership to the Co-Wheels car club
  2. *subscription to the CDW.

Name of the Member Account: ________

Address of the Member Account: ___________________________________________________________________________

Signature of Member Account owner (only when notice is given on paper)

_________

Date ________

*Please delete as necessary