Terms and Conditions
1. These Terms
a. These are the terms and conditions on which we will rent the Vehicle to you. Please read these terms carefully before you submit your order to us. These terms tell you, who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
Who we are: We are Ecohub Limited, a company registered in England and Wales. Our registration number is 05558131 and our address is 158 Beddington Lane, Croydon, Surrey, CR0 4TE. Our registered VAT number is 872 2221 43
How to contact us: You can contact us by telephoning our customer service at 0800 689 5074 or by writing to us at email@example.com or by post at our address at 158 Beddington Lane, Croydon, Surrey, CR0 4TE.
How we may contact you: If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2. Our contract with you
a. Our acceptance of your order to rent the Vehicle will take place when we email you to accept it, at which point a contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this. This might be due eg: to non-availability of the Vehicle for the rental period you have requested or where you have not been able to provide satisfactory identification or driving licence credentials. We will assign an agreement number to your order and tell you what it is when we accept your order. It will be helpful to you to use the agreement number whenever you contact us.
3. Hiring of Vehicles
a. The hiring of the vehicle will commence upon the earlier of (i) the beginning of the rental period referred to in the order and (ii) delivery or collection of the Vehicle by you. Whilst we may agree to extend the rental period, the total rental period will not be more than 30 days.
b. If an extension of the Period of Hire is agreed, then we will require at least 4 hours’ notice of such request. In the absence of any agreement to the contrary if we agree to an extension, the hiring will continue on these terms and those set out in the order and you will be responsible for the additional charges calculated on a daily basis during such continuation period. We may terminate such continuation of hire at any time.
c. The time for delivery of the Vehicle will not be an essential and material condition of this Agreement but we will use all commercial reasonable endeavours to ensure that the Vehicle is ready to be delivered to or collected by you at our premises or such other place we have agreed at the beginning of the Period of Hire.
d. If the Vehicle is not returned at the time and date specified in the order we will charge you for every day or part thereof that you have the Vehicle beyond that date (at our prevailing daily rate for the Vehicle). For the avoidance of doubt an additional daily rate of hire will be payable if the Vehicle is more than one hour late.
e. Minimum periods of hire may apply at weekends and public holidays and to some locations
4. Our Obligations
a. We will hire the Vehicle to you at the rate set out in the order for the Period of Hire.
b. We warrant that we have good legal right to hire the Vehicle to you. We will provide the vehicle excise licence required by law for the Vehicle.
c. We have maintained the Vehicle to the standard recommended by the Vehicle’s manufacture.
5. Your Obligations
a. You shall pay the rental charges due in advance in relation to the Period of Hire of the Vehicle as outlined in the order. Time for payment of all monies owed by you to us shall be an essential and material condition of this contract.
b. Before taking delivery of the Vehicle you must inspect the Vehicle and any accessories as to its condition. If you are not satisfied with the condition please notify to us to agree the condition before taking delivery of the Vehicle. If you take delivery of the Vehicle in the absence of any such agreement following such notification, you will be deemed to have accepted the condition of the Vehicle prior to such notification.
c. You shall take good and proper care of the Vehicle, including any accessories, the keys or any other locking device and deliver up the Vehicle in a condition consistent with the performance of your obligations under this agreement at end or sooner determination of the Period of Hire and unless agreed otherwise, deliver it up at such premises of ours or our agents as we shall reasonably require. If the Vehicle is returned or recovered in other than good condition, you shall pay the cost of the repair of damage to the Vehicle. You shall be responsible for all damage caused to the Vehicle as a result of excessive tyre wear, drive train wear and excessive acceleration, excessive stone chips, excessive speed and hard cornering.
d. You shall follow any recommendations made by the manufacturer of the Vehicle in relation to preventative checks that should be carried out in relation to the Vehicle.
e. You must promptly notify us of any default with the Vehicle, if you break down in the Vehicle, if you are involved in an accident, if the Vehicle is stolen and if there is any material loss or damage to the Vehicle including without limitation any loss or damage in connection with any accessories or removable parts of the Vehicle.
f. You shall not do or allow to be done anything which would make void or voidable any policy of insurance in respect of the Vehicle.
g. As an obligation surviving termination of this agreement, you shall indemnify us against any claims in respect of loss, injury or damage sustained as a result of use of the Vehicle or otherwise howsoever caused except for injury or death caused by our negligence and subject always to the Unfair Contract Terms Act 1977.
h. You must always lock the Vehicle when it is not in use.
i. You must not drive the Vehicle in excess of legal speed limits.
j. You must use your best endeavours to protect the Vehicle from damage in adverse weather.
k. You must only charge the Vehicle using the charging cable supplied and other approved devices and charge the Vehicle in accordance with instructions provided.
l. If we have agreed to drop off the Vehicle to you at an address you have given, you will be responsible for the Vehicle pursuant to these terms from the time we drop off the Vehicle to that address even if you are not present and you will be deemed to have accepted the condition in which it was left by us.
m. If you return the Vehicle at the place we tell you, this must be within opening hours and you must wait with us or our agents whilst the condition of the Vehicle is checked. If we have agreed in writing for you to return the Vehicle outside opening hours, you will stay responsible for the Vehicle and its condition until our staff have checked it the next working day. We may need to clean the Vehicle before we can check its condition. If you are absent when our staff check the condition of the Vehicle, our decision as to the condition shall be final.
n. You are responsible for removing all your personal belongings when you return the Vehicle. We shall not be responsible for any such items left.
6. Conditions of Hire
a. The Vehicle may be fitted with a tracking device and by entering into this contract for hire you agree that we have your consent to record and use any data we collect from that device, including ensuring the Vehicle is used in compliance with the terms of this contract and to assist in recovery of the Vehicle should that become necessary.
b. We will identify any existing damage to the Vehicle before you take delivery of the same.
c. Only you or any other person expressly named in the order may drive the Vehicle. You shall not permit the Vehicle to be driven by any other person. You warrant to us that you and any other driver named in the order who wishes to drive the Vehicle:-
i. is in a physical condition so as to be reasonably considered capable of driving a performance car safely;
ii. are qualified to drive and hold all necessary current licences and permits in respect of the Vehicle and have been for two years prior to the Period of Hire and that such licence during that two year period was not and at the time of the Period of Hire is not a provisional driving licence.
iii. has not been disqualified from driving for a period exceeding 12 months within the last 3 years;
iv. has not been involved in more than one fault accident in the past 3 years; and
v. is not a full or part time professional in any sport or entertainment activity.
d. Any licences showing current endorsements for driving offences will only be accepted at our discretion.
e. You must not sell, loan, mortgage, charge or hire the Vehicle or allow a lien to be created over the Vehicle or suffer it to be taken or pass out of your possession.
f. You shall not use or suffer the Vehicle to be used for taxi work, for courier services, for driving tuition, racing, track day events, rallying, pace making, performance trials or reliability trials or speed trials or any other sporting competitions or for profit or gain;
g. You shall only use the Vehicle on public roads and shall not use the Vehicle on any race track, airfield, at any vehicle testing facility, off road or on roads (public or private) that are unsuitable for the Vehicle;
h. You shall not without our prior written consent take the Vehicle or suffer it to be taken outside the United Kingdom;
i. You shall not carry unsecured loads and you shall not overload the Vehicle or permit it to be overloaded or carry more passengers than the Vehicle was manufactured to carry;
j. You shall not carry any object or substance which, may harm the Vehicle or delay us further renting or selling the Vehicle following your use;
k. You shall not without our prior written consent use the Vehicle to push or tow any trailer or other apparatus or object;
l. You shall not use the Vehicle for an illegal purpose or in any way that may cause a nuisance;
m. You shall only use the Vehicle for normal driving purposes and shall not use or permit the use of the Vehicle for any purpose for which it is not expressly designed;
n. You shall not carry out any work to or alteration or modification to the Vehicle nor alter any part or parts of it, mechanical or otherwise, or alter or fit any of accessories without our prior written consent (including without limitation any advertisements or markings of whatever nature);
o. You shall permit us our or our agents to inspect the Vehicle and its mileage recorded at all reasonable times and for such permit to let us have access to any premises where the Vehicle may be.
a. We work out our charges using the current price list. All hires require a security deposit to be pre-authorised on a credit card prior to the hire commencing. The amount of the security deposit shall be set out in the order and will either be taken in person or via telephone by credit card before the vehicle is handed over.
b. The security deposit will be non-refundable if:-
i. You are involved in an accident which involves a claim being made against our insurance policy;
ii. the Vehicle is stolen;
c. The security deposit will be used towards discharging any liability due to us under this agreement
d. We may vary the rental charges giving you not less than 7 days written notice in the event of a change in the law relating to the deductibility of VAT occurring during the Period of Hire in which event we shall increase the amount of the rental charges payable but not then due by such an amount as in our opinion necessary to recompense us for the extra expense we are occasioned by that increase in hiring the Vehicle to you.
e. Payments in respect of our charges can be accepted by credit card, debit card and same day electronic bank transfer.
f. You will have 14 days after the date we email you to confirm we accept your order to cancel the contract. However, if you requested in writing to commence the Period of Hire during that 14 days and the Period of Hire has come to an end during that Period of Hire, you cannot cancel the contract, even if the period is still running. If you wish to cancel the contract during the 14 days after the date we email you to confirm we accept the order and after the Period of Hire has commenced with your written consent but prior to the end of the Period of Hire, you must pay us for the hire provided up until the time you return the Vehicle to us during that 14 day’ period.
g. If the Period of Hire commences 14 days after the date we email you to confirm that we accept your order, the following conditions apply:-
i. More than 48 hours’ notice will result in a full refund of the rental charges less £50 inc VAT for an administration fee;
ii. More than 24 hours’ notice but less than 48 hours will result in a 50% refund of the rental charges;
iii. Less than 24 hours’ notice will result in no refund.
h. You will reimburse to us on demand any expenses incurred by us in repossessing the Vehicle or recovering possession of the Vehicle on default of delivery by you and any expenses incurred in ascertaining its whereabouts.
i. You are responsible for all running costs including charges in connection with the recharging of the Vehicle and all charges for transporting it to a location where it can be recharged.
j. Where you have not returned the Vehicle with sufficient charge for it to be located to the nearest charger, you will responsible for all expenses incurred by us in transporting the Vehicle to that nearest charger including the costs of recharging the Vehicle to the sufficient level of charge.
k. You shall indemnify us against all liability costs and expenses arising directly or indirectly from the use of the Vehicle including fixed penalty fines and charges (a) for parking, congestion and toll charges and traffic violations and supply of information under the Road Traffic (Owner Liability) Regulations 2000 or any other statutory requirements levied on the registered owner of the Vehicle, or (b) that we are required to pay to any Government Department or body to obtain recovery of the Vehicle if it is lawfully seized by such Government Department or body. In the event that you do not discharge your liability direct, where appropriate, within 14 days of being levied, you hereby authorise us to pay on your behalf fixed penalty fines and charges arising from or connected with such parking penalty fines or charges on your behalf, you shall repay such sums together with an administration fee as listed in our then current price list.
l. You will be responsible for the fees and expenses of any assessor appointed under these terms and you will be responsible for the costs of any repairs to the Vehicle payable pursuant to these terms which may include cleaning costs if the Vehicle is not returned in a clean condition (determined in our absolute discretion).
m. If at the expiry or sooner determination of the Period of Hire the Vehicle is delivered up by you in a condition not consistent with the performance of your obligations under this agreement or the condition of the Vehicle at the start of the Period of Hire (including any accessories supplied with the Vehicle), we shall be entitled to effect or cause to be effected repairs immediately and without prior notice to you where the cost of the proposed work does not exceed £1500. Where the cost of the work exceeds such sum, the following provisions shall take effect:-
i. We shall notify you in writing of the cost of the proposed work;
ii. We shall keep the Vehicle unrepaired and available for inspection by you for a period of 2 clear days after receipt by you of notice;
iii. The cost of the proposed work will be agreed between us and you. In default of agreement by you within 7 days of the notice referred to above, you will be deemed to have agreed that cost unless in the meantime you have applied to the Automobile Association to appoint an assessor to settle such cost; and
iv. We shall be entitled to carry out the proposed work immediately and without further notice to you as soon as the cost has been agreed or settled as provided above by the assessor acting as expert.
n. If we are unable to rent out the Vehicle because of the need for repair (or where it is written off if it cannot be repaired), you will indemnify us for all losses of income at our then current daily rate until the Vehicle is repaired or replaced or payment of the Vehicle’s value has been received.
o. We will not charge you for more than 30 days in respect of loss of income. If the Vehicle is during the Period of Hire lost, stolen, destroyed or damaged to such an extent as to be in the opinion of the insurance company (or if there is no insurer in our reasonable opinion) uneconomic to repair or is otherwise judged uneconomic to repair (a “write-off”), the insurance monies (if any) shall be payable to us and you shall reimburse us whichever is the greater of:-
i. any deficiency in the cost which we have incurred or would incur in replacing the Vehicle with a vehicle of the same make, type, age and mileage after receipt of such insurance monies (if any); and
ii. our net book value of the Vehicle on the date on which we receive payment of the insurance monies (calculated by reference to the original capital cost of the Vehicle (including optional extras) less the amount of such insurance monies received, less depreciation in accordance with our standard practice;
In any event, you shall reimburse us no later than six months following the date of such loss, theft, destruction or damage. You shall in addition pay a reasonable administration charge at the prevailing administration charge rate set out in our then current price list. If the Vehicle is a write-off, you will continue to pay all rental charges due up to the date we receive the insurance monies (if any) and payment due from you pursuant to this clause at which time the contract in respect of Vehicle shall terminate.
a. Our Insurance
i. We will provide comprehensive insurance for the Period of Hire. Notwithstanding clause 6.g, the insurance is only valid in the United Kingdom, unless otherwise agreed in writing. Our insurance will only cover those drivers named in the order and who we have approved may drive the Vehicle.
ii. Our insurance policy excess for which you will be liable in the event of a claim is £3000. If the claim exceeds this level, our insurance policy will cover this sum, provided you are not in breach of clause 5.f.
iii. You will not be able to rely on our insurance cover if you have breached these terms or used the Vehicle off the public highway without our prior written consent.
b. Your Insurance
i. You may, with our prior written consent, insure and keep insured the Vehicle under a fully comprehensive policy to is full replacement value (agreed by us) with insurers approved by us. Such policy must bear an endorsement recording our interest in the Vehicle.
ii. If you fail to pay any premiums required to be paid in respect of insurance, we may pay them and you will reimburse us on demand.
iii. You will notify us forthwith of any loss of or damage to the Vehicle and hold any insurance monies you receive in trust for us. You irrevocably authorise us to collect the insurance monies from the insurers. If a claim is made against the insurers we may, in our discretion, conduct negotiations and effect a settlement with the insurers and you agree to be bound by such settlement, any insurance money shall be applied as follows at our option:-
1. In making good the damage; or
2. In replacing the Vehicle by another similar vehicle to which the terms of the agreement shall apply; or
3. In compensating us for all loss suffered by us
any surplus being paid to and any deficiency being made by you, provided that loss or damage to the Vehicle shall not affect continuance of this agreement or your liability for payment of rentals. In the event that we agree any modification or restriction in the insurance cover stipulated in this agreement, or if the Vehicle is found not to be insured to its full replacement value, or if the insurers for any reason repudiate any claim, you shall indemnify us against all losses, costs, claims, damages and expenses sustained by us in that regard.
a. We may upon breach by you of any of the provisions of these terms, after due notice, terminate this agreement and upon that happening, this agreement and the hiring constituted by it shall determine and you will no longer be in possession of the Vehicle with our consent and subject to our right to take possession of the Vehicle and to recover from you our recoverable losses and to any of your pre-existing liabilities to us, neither part shall have any rights against the other.
b. This agreement shall terminate immediately upon the happening of any one or more of the following events namely that you have a bankruptcy order made against you, or has made an arrangement or composition with his creditors or any proceedings have been commenced relating to insolvency or possible insolvency or has had an execution or distress levied or allowed your goods to be seized under any distress, execution or other process.
c. On expiry of the Period of Hire or earlier termination you shall make the Vehicle available in good repair and condition for collection at a location agreed by us. You will still be liable to us for all rental for the remaining period of the Period of Hire and at a daily rate thereafter until the Vehicle is returned to us in good condition.
d. In no circumstances shall we be liable for any loss of profits or anticipated profits, loss of business or any other indirect or consequential loss or damage.
e. Our liability shall be limited to £2 Million for one event or series of connected events.
10. If there is a problem.
a. If you have any questions or complaints about the Vehicle please contact us. You can telephone our customer services team at 0800 689 5074 or email us at firstname.lastname@example.org
b. If you have an accident please report it to us within 2 hours quoting the registration number for the Vehicle to email@example.com or 0800 689 5074
c. Please ensure you fill in an accident report form within 24 hours after the accident. Failure to do so may render your insurance becoming invalid.
11. Data Protection
a. By entering this agreement you agree that we may use your personal information including information collected from your use of the Vehicle. We may use that information to supply you with further offers of our services and to analyse statistics for market research, credit control and to protect our assets.
b. Before entering into this agreement we may search your records at credit reference agencies. They will add to their record about you details of our search which will be seen by other organisations making searches. Details about you and your payment record under this agreement will be used to help make credit, credit related and insurance related decisions about you and members of your household and occasionally for fraud prevent or trace debtors. You can contact us for details of the credit reference agencies used by us. You have a legal right to these details and can receive a copy of the information held about you on payment of a fee. Information held about you by credit reference agencies may be linked to records relating to any person with whom you are financially linked. We may give information about you and your payment record under this agreement to credit reference agencies, debt collectors, the police and other organisations where the law requires us to do so.
12. These terms are governed by English Law and you can bring legal proceedings in respect of this agreement in the English Courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English Courts. If you live in Northern Ireland, you can ring legal proceedings in either Northern Ireland or the English Courts.
13. Definitions and Interpretation
a. “Period of Hire” means the fixed period of hire from the date of delivery of the Vehicle as specified in the order.
b. “Vehicle” means a vehicle hired under this agreement and which is described in the order.
c. “you, your” means the name of the hirer and other named drivers in the order.
d. Headings are for ease of reference only and do not affect the construction of these terms.
e. In this agreement, singular includes plural and the masculine includes the feminine and the neuter and vice versa as the context may require.
f. Any reference in these terms to a statutory provision shall be construed as a reference to that provision as from time to time re-enacted or amended.
g. If there is any conflict between the these terms and those of any arrangements which you enter into