EASYCAR CLUB TERMS AND CONDITIONS


 

IMPORTANT NOTICE

easyCar Club is operated by Lowcost Vehicle Rental (UK) Limited (trading as easyCar), with company registration number 03816836 and its registered address at 3rd Floor Rear, Satila House, 109-111 Farringdon Road, London, EC1R 3BW ("easyCar"/"we"/"our"/"us")

easyCar connects car and van owners with people who are seeking to hire those vehicles. We do this by providing an online platform that provides a way to organise bookings and payments (our "Services"). The online platform is available via the easyCar website (and its sub-domains) and as an application for mobile devices (together the "Site").

By registering as a user of the Services, via the Site, you agree to comply with and be legally bound by these terms and conditions of service ("Terms").

These Terms constitute a binding legal agreement between you and easyCar. Please also read our Privacy Policy carefully. If you do not agree to these Terms or our Privacy Policy, you may not use the Services.

The Services provided through the Site allow Owners (as defined below) to create a listing for their vehicles and allow Renters (as defined below) to find out information about what vehicles are available for rental and to make a rental booking directly with Owners.

easyCar acts as a broker to facilitate hiring of vehicles by Renters from Owners. easyCar provides a way to organise bookings and payments for these arrangements. easyCar does not provide car rental services and, unless otherwise expressly stated, easyCar does not own or maintain any vehicles for this purpose. The contract for car rental is between the Owner and the Renter.

Click here to view the additional terms that apply to Ford Credit customers.


1. INTRODUCTION


1.1    For the purpose of these Terms, the following words have the meaning set out below:
1.1.1  Member: an individual who signs up for membership of easyCar Club through the signup process on the Site, including Owners and Renters.
1.1.2  Owner: a Member who signs up to make a Vehicle available to rent via the Site.
1.1.3  Renter: a Member who requests and books a Vehicle from an Owner via the Site.
1.1.4  Vehicle: the car (or van) and all its documents, tools, fittings, components, standard equipment (including jack, spare tyre, etc), whether mechanical or otherwise, the subject of a Booking.
       Other capitalised terms used in these Terms have the meanings set out in the Definitions.
1.2    The Services provided through the Site allow Owners to create a listing for their Vehicles and allow Renters to find out information about what Vehicles are available for hire and to make Bookings directly with Owners.
1.3    It is important to note that easyCar is not a party to the rental agreement between the Owner and the Renter, and easyCar does not have any control over, and is not responsible for, the actions or conduct of either the Owner or the Renter. By agreeing to be bound by these Terms, you accept and agree this. If you do not, then you may not use the Services.
1.4    Unless otherwise stated as applying only to Owners or Renters, these Terms shall apply to all Members.
1.5    easyCar reserves the right to update these Terms at any time. If easyCar amends the Terms it will inform you of any changes, including by publishing the amended version on the Site and such amended version will govern the relationship between easyCar and its Members. Your continued use of the Services shall indicate your agreement to be bound by the amended Terms.
1.6    Members should direct any questions, complaints or comments regarding the services subject to this agreement to memberservices@easycar.com.

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2. REGISTRATION & MEMBERSHIP


2.1    Anyone may apply to be a Member of easyCar Club provided that they meet the relevant membership criteria.
2.2    You may apply to become an Owner by submitting your details and those of your Vehicle for inclusion within easyCar Club, in accordance with the procedure set out on the Site. Acceptance of you as an Owner will be subject to your Vehicle meeting the Vehicle Eligibility Criteria, and subject always to easyCar's sole discretion to refuse any application.
2.3    You may apply to become a Renter by submitting a completed application form in accordance with the procedure set out on the Site. Acceptance of a Member as a Renter will be subject to the Member meeting the Driver Eligibility Criteria, and subject always to easyCar's sole discretion to refuse any application.
2.4    Once accepted into easyCar Club, each Member must keep his or her contact details up to date through the Site. Any mobile phone number and email address provided must be personal to, and readily accessible by, such Member. Each Member must respond promptly to requests by easyCar for updates to any information provided to easyCar. Each Member must inform easyCar immediately if he or she no longer meets the eligibility criteria applicable to his or her membership.
2.5    All Members must cooperate with and assist easyCar in good faith (including responding promptly to communications), and provide easyCar with such information and take such actions as may be reasonably requested by easyCar in connection with any complaints, claims, charges or notices relating to Bookings, or with respect to any investigation undertaken by easyCar or its representatives, its insurers or the police, regarding any insurance claims, use or abuse of the Site or any other investigations.
2.6    Any application for membership which references a promotional offer acknowledges and accepts the terms and conditions of such offer as set out on the Site.

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3. BOOKING


3.1    Owners may make their Vehicle available for rent using the Site, specifying the time periods during which the Vehicle is available to rent in accordance with the availability procedures set out on the Site.
3.2    An Owner may elect to use Fixed Pricing or Market Pricing for his or her Vehicle. If an Owner chooses Fixed Pricing, the Owner may set the price of his or her Vehicle by the hour, by the day and by the week, and such prices (as adjusted for insurance and extras) shall apply to all Bookings of that Vehicle. If an Owner chooses Market Pricing, easyCar will apply default prices to the Vehicle, may adjust such prices up and down at its sole discretion, and such adjusted prices (as adjusted for insurance and extras) will apply to any Booking. If an Owner chooses Market Pricing, he or she may specify a percentage premium or discount to the market price and easyCar will apply such percentage when setting prices for that Owner’s Vehicle subject to certain minimum and maximums. An Owner may change between Fixed Pricing or Market Pricing at any time, but such change will not affect the pricing of any Booking Request or Booking Confirmation already issued at the time of the change.
3.3    Applied prices will vary according to the length of the rental. For rentals up to and including 6 hours in duration, the price applied will be the cheaper of (a) the number of hours (rounded up to the nearest whole hour) times the hourly rate, and (b) the daily rate. For rentals longer than 6 hours, the price applied will be the number of days (rounded up to the nearest whole 24 hour period) times the daily rate. For rentals longer than 5 days, the price applied will be the cheaper of (a) the daily rate times the number of days, and (b) the weekly rate. Once the weekly rate has been exceeded for a selected booking, additional time will be charged using the cheaper of (a) the daily rate times the number of additional days (rounded up to the nearest 24 hour period), and (b) the weekly rate. Multi-week rentals will be charged using the cheaper of (a) the weekly rate times the number of weeks, and (b) the monthly rate.
3.4    Renters may request to book Vehicles that are available for hire using the Site by making a Booking Request.
3.5    Owners may choose the option either to (a) accept or decline each separate Booking Request individually (known as "Available on Request"), or (b) choose to allow all Booking Requests to be immediately confirmed when their Vehicle is available, without requiring a response (known as "Instant Book").
3.6    A Booking Request will specify the start and end time of the proposed rental (the "Initial Rental Period") and the Rental Fee, being the cost to the Renter associated with the Initial Rental Period.
3.7    Once a Booking Request has been confirmed by an Owner it is binding on both Owner and Renter, and subject to the cancellation rules set out in these Terms. Upon confirmation by the Owner, a Booking Confirmation will be issued by the Site.
3.8    A Renter may cancel a Booking Request without charge or penalty at any time before the Owner confirms the Booking Request by withdrawing the Booking Request. Thereafter, the cancellation provisions in these Terms will apply.
3.9    When making a Booking, the Renter should rely solely on the information provided on the Site, and any additional information communicated to the Renter by the Owner. easyCar may endeavour to provide additional information about the Vehicle upon request from the Renter, but will not assume any liability for the accuracy or completeness of any such information.
3.10   The Owner, not easyCar, is solely responsible for honouring any confirmed Booking Requests and making the Vehicle available to satisfy the Booking Request.
3.11   For the convenience of customers, easyCar provides an online facility for a customer to make a conditional booking for a Vehicle before he or she has completed the Member sign up process and has been approved as a Member (a “Conditional Booking”).
3.12   This Conditional Booking pathway is only available on selected vehicles for selected bookings, and is only available to new customers of easyCar Club who have not previously made an application to become a Member (whether or not such application was approved).
3.13   A customer who makes a Conditional Booking agrees to be bound by these Terms (as modified and supplemented by clauses 3.11 to 3.16) and these Terms as so modified constitute a binding legal agreement between the customer and easyCar.
3.14   The performance of the Conditional Booking is conditional upon the approval of the customer as a Renter by easyCar. If the customer is approved as a Renter by easyCar, the customer shall become a Renter of easyCar and the Conditional Booking shall become a confirmed Booking for the purposes of these Terms. If the customer is rejected as a Renter by easyCar, or is otherwise not approved as a Renter by easyCar 73 hours before the booking, the Conditional Booking shall be cancelled and the customer’s payment for the Conditional Booking shall be refunded by easyCar on behalf of the Owner.
3.15   A customer may elect to cancel a Conditional Booking up to 72 hours before the pick-up date and time without charge. In such cases, the Conditional Booking shall be cancelled and the customer’s payment for the Conditional Booking shall be refunded by easyCar on behalf of the Owner. Unless otherwise requested by the customer, easyCar will continue to process that customer’s application for easyCar Club membership and will notify him or her of the outcome.
3.16   Customers are reminded that easyCar is not a party to the rental agreement between the Owner and the customer, and is not responsible for the actions or conduct of the Owner. In the case of Conditional Bookings, the Owner retains the right to cancel in accordance with the Terms as if that Conditional Booking was a confirmed Booking.

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4. RENTAL PERIOD


4.1    The Renter will have exclusive use of the Vehicle for the Rental Period.
4.2    If requested by the Renter, the Owner may, at the Owner's sole discretion, agree to extend the Initial Rental Period for an Extended Rental Period. Neither the Initial Rental Period nor any Extended Rental Period, individually or combined, may be more than 28 days. The Renter must inform easyCar of the Extended Rental Period agreed with the Owner prior to the expiry of the Initial Rental Period (or any previously agreed Extended Rental Period). easyCar will then adjust the Rental Fee and arrange an applicable extension to the Insurance to account for the Extended Rental Period, subject to appropriate Insurance cover being available. Members will not be covered by Insurance where an extension is not notified to, and approved by, easyCar. It is vital that all extensions are notified to easyCar in accordance with these Terms because driving without proper insurance is an offence and Members may be personally liable for any loss or damage caused in any period where they are not covered by Insurance. Owners should satisfy themselves that the extension has been notified to easyCar and should not expect Insurance cover to be available where they have agreed an extension directly with the Renter but failed to notify easyCar.
4.3    If the Renter fails to return the Vehicle to the Owner before the end of the Rental Period, the Renter shall be liable for an additional fee (the "Overdue Fee") for the period of additional time until the Renter returns the Vehicle to the Owner (the "Delay Period"). The Overdue Fee shall be calculated as twice the hourly rate that applied to the Vehicle at the time of the Booking Confirmation, pro-rated for the length of the Delay Period, rounded up to the next whole hour. The Renter may also be liable for additional insurance charges in relation to the Delay Period and any reasonable costs incurred by the owner or a subsequent renter as a result of the late return of the vehicle. The Renter will remain responsible for all the Renter's obligations for the full duration of any Delay Period.

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5. RESPONSIBILITIES OF THE RENTER


5.1    The Renter must pick up the Vehicle at the time and place specified in the Booking Confirmation or as otherwise agreed directly with the Owner.
5.2    The Renter must inspect the Vehicle before the start of the Rental Period. The Renter must sign and acknowledge any existing damage recorded in the Vehicle's Condition Report before the rental begins. If the Renter is not provided with a copy of the Condition Report, or identifies any additional damage not listed, the Renter must inform easyCar Club and submit clear, time stamped photographs of such damage to the Owner and/or easyCar Club before the rental begins. Failure to comply with this may result in the renter being liable to a Condition Report Charge (as set out in Schedule of Charges).
5.3    It is a driver's responsibility under UK law to ensure that the Vehicle is roadworthy. If the Renter reasonably believes the Vehicle is not roadworthy, the Renter may cancel the Booking in accordance with the cancellation policies set out in these Terms. In conducting the damage inspection and roadworthiness checks, the Renter should, as a minimum, check that:
5.3.1  tyres all have adequate tread depth and are not worn;
5.3.2  the Handbrake works;
5.3.3  engine noise is not excessive or unusual;
5.3.4  electric windows work;
5.3.5  all rear viewing mirrors fitted as standard in the vehicle are in place as required, and can be adjusted;
5.3.6  side mirrors are free from cracks;
5.3.7  seats adjust;
5.3.8  seat belts are present and work;
5.3.9  headlights, indicators, brake lights and reversing lights work;
5.3.10  any chips on windscreen are noted;
5.3.11  the in-car entertainment and other peripherals work; and
5.3.12  washer fluid is present;
5.4    The Renter must ensure that any scratches, bumps and dents in the bodywork, and any other defects, abnormalities or damage, are noted in the Condition Report and that the fuel level is as expected.
5.5    The Renter must treat the Vehicle and its keys with reasonable care and will be responsible for the Vehicle and its keys whilst out of the possession of the Owner. This includes driving carefully, always locking the Vehicle and using any additional security device fitted to or supplied with the Vehicle when it is not in use. If using Remote Hiring, the Renter must ensure that the Key Safe is locked at the start and end of each rental.
5.6    The Renter must only use the correct fuel for the Vehicle and will be liable for the cost of any repairs, towing fees or other costs incurred as a result of using the wrong fuel.
5.7    The Renter must not sell, rent or dispose of the Vehicle, or any of its parts. The Renter must not give anyone any legal or beneficial rights over the Vehicle.
5.8    The Renter must bring the Vehicle back to the location it was originally rented from, or as close as possible to that location. The Renter must park the Vehicle legally and in accordance with any restrictions imposed by any parking permits associated with that Vehicle and must inform the Owner of any restrictions applicable to the return location. The Renter will be liable for any parking charges incurred at the return location, unless the risk of incurring such charges has been expressly acknowledged and agreed with the Owner or easyCar.

If the Vehicle was rented using Face-to-Face Hiring the keys must then be handed to the Owner (or returned in a manner otherwise agreed with the Owner at the start of the rental). If the Vehicle was rented using Remote Hiring, the keys must then be returned and securely locked in the Key Safe.

Regardless of key exchange mechanism, if the Vehicle is not being returned to the Owner in person, the Renter must take clear, time stamped photographs showing the condition of the car at time of drop off, or be liable to a Condition Report Charge (as set out in Schedule of Charges) in the event of a damage or insurance claims dispute.
5.9    Before returning the Vehicle, the Renter must ensure that the Vehicle is as clean as at the start of the Rental Period, and the Renter must remove any debris, rubbish and the Renter's personal items from the vehicle.
5.10    The Vehicle must only be driven by the Renter and any Additional Drivers, who must each meet, and continue to meet, the Driver Eligibility Criteria throughout the Rental Period. Any other drivers will not be covered by the Insurance and will be driving illegally. If easyCar becomes aware that a driver other than the Renter or any Additional Driver has driven the Vehicle during a Rental Period, easyCar will immediately terminate the Renter’s membership and will charge the Renter for administration costs and additional insurance costs relating to the contravention.
5.11    The Renter, and any Additional Drivers, must not:
5.11.1  use the Vehicle for any illegal purpose;
5.11.2  overload the Vehicle by number of persons carried or by weight of goods carried;
5.11.3  use the Vehicle whilst under the influence of alcohol or drugs;
5.11.4  use the Vehicle if the driver may reasonably be considered to be unfit to drive a vehicle;
5.11.5  use the Vehicle for racing, speed-testing or teaching someone to drive;
5.11.6  use the Vehicle for any commercial purpose including the carriage of passengers for hire or reward;
5.11.7  use the Vehicle off-road;
5.11.8  'clock' the Vehicle or tamper in any way with the Vehicle's odometer;
5.11.9  modify the Vehicle in any way (including fitting roof racks/bike racks and/or towbars) or allow anyone to work on, or fit any new or replacement parts to, the Vehicle without the express permission of the Owner;
5.11.10  drive the Vehicle outside Great Britain, Northern Ireland, the Isle of Man and the Channel Islands;
5.11.11  if the Vehicle has a manual transmission, drive the Vehicle without adequate prior experience of using a manual transmission; or
5.11.12  smoke in the Vehicle, or transport any animals or pets in the Vehicle without the express prior consent of the Owner.
5.12    The Renter shall, and shall procure that any Additional Drivers, comply with all legal obligations that he or she has as a driver under these Terms and any applicable law.

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6. RESPONSIBILITIES OF THE OWNER


6.1    The Owner must be the legal owner and registered keeper of the Vehicle. The Owner is responsible for ensuring that there are no restrictions in any contracts between the Owner and a third party which prevent the use of the Vehicle for the purpose of Bookings.
6.2    The Owner must make the Vehicle available at the start of each Rental Period at the location and time as specified in the Booking Confirmation or as otherwise agreed directly with the Renter prior to the start of the Rental Period.

For Remote Hiring, the Owner must disclose the location of the Key Safe and ensure that it is operational prior to the start of the Rental period. The Key Safe must be used exclusively for Vehicle key exchanges in relation to Bookings. It is the Owner’s responsibility to maintain the Key Safe, making sure it is not exposed to rain, snow or extremes of temperature. easyCar Club will not be responsible for any loss or damage to keys or any other items left in the Key Safe.
6.3    The Owner must ensure that, at the start of each Rental Period, the Vehicle is roadworthy and serviceable, including that:
6.3.1  tyres all have adequate tread depth and are not worn;
6.3.2  the Handbrake works;
6.3.3  engine noise is not excessive or unusual;
6.3.4  electric windows work;
6.3.5  all rear viewing mirrors fitted as standard in the vehicle are in place as required, and can be adjusted;
6.3.6  side mirrors are free from cracks;
6.3.7  seats adjust;
6.3.8  seat belts are present and work;
6.3.9  headlights, indicators, brake lights and reversing lights work;
6.3.10  any chips on windscreen are noted;
6.3.11  the in-car entertainment and other peripherals work;
6.3.12  washer fluid is present; and
6.3.13  the fuel level is as advised by the Owner.
6.4    The Owner should ensure that, at the start of each Rental Period, the Vehicle is clean and tidy and free from debris, rubbish and any of the Owner's personal items. Any personal items left in the Vehicle are left at the Owner's own risk as loss and damage to such items will not be covered by the Insurance.
6.5    The Owner must maintain a record of any scratches, bumps and dents in the bodywork and any other defects, abnormalities or damage to the Vehicle (the "Condition Report") which the Owner must make available to the Renter before the rental begins. Failure to comply with this may result in any claim under the Insurance being refused or the Owner being asked to contribute towards repair costs (the amount for which is set out in Admiral’s table of Excesses and Charges below). If there are any problems with the Vehicle at the start of the Rental Period, or if the Vehicle breaks down during the Rental Period, the Renter may apply to easyCar for a full or partial refund of the Rental Fee, depending on the circumstances and at easyCar's sole discretion. Where a full or partial refund is made, the Owner Payment for the Booking will be reduced by such amount.
6.6    The Owner will maintain the Vehicle to at least the manufacturer's recommended standard (including timely servicing and observing recommendations as to tyre tread depth) and will maintain a valid MOT certificate. The Owner will also maintain valid vehicle tax and meet any other statutory requirements for use of a vehicle on public roads in the UK. The Owner will provide reasonable documentation to evidence this, if requested by easyCar.
6.7    The Owner undertakes to make the Vehicle available on the Site to rent for the first time within 30 days of acceptance into easyCar Club. Thereafter, no minimum availability requirements apply, but easyCar reserves the right to request the return of the Key Safe (if applicable) at the Owner's expense, if the Vehicle has not been rented in any 26 week period. The Owner shall respond reasonably promptly to all Booking Requests. easyCar reserves the right, at its sole discretion, to withdraw an Owner's membership of easyCar Club if the Owner consistently rejects, or fails to respond to, Booking Requests.
6.8    If the Owner's membership is withdrawn or terminated, the Owner agrees to reimburse easyCar upon request for the costs it incurred in providing the Owner's membership including, but not limited to the cost of any initial inspection, the Key Safe, and reasonable administration charges, up to a maximum of £250.
6.9    On termination or cessation of membership, the Owner agrees within 30 days to return, at the Owner's expense, all equipment provided by easyCar, such as the Key Safe, and associated accessories to easyCar's offices.
6.10   The Owner undertakes to describe his or her Vehicle accurately on the Site, and to keep the information on such listing up to date. The Owner must inform easyCar immediately if his or her vehicle no longer meets the Vehicle Eligibility Criteria.
6.11   The Owner undertakes to disclose to the Renter the presence of a telematics device or data tracking technology installed or plugged in to the Vehicle during the rental.
6.12   If the Owner is issued with any penalty charge notices in relation to traffic offences or charges applicable to the Renter during the Rental Period (as set out in clause 8.1 below) the Owner must notify easyCar in writing as soon as possible, and in any event within 21 days of the date of issue of the penalty charge notice (e.g. for parking and congestion charges) or the notice of intended prosecution (e.g. for speeding or other traffic offences). Failure to notify us within 21 days will result in the Owner being liable for all additional costs associated with the relevant charge or fine. In addition, at easyCar’s sole discretion, the Owner may be liable for 50% of the relevant fine, charge or penalty if the delay in notification prohibits the Renter from challenging or appealing to the competent authority in accordance with clause 7.4 below.
6.13   The Owner agrees to cooperate with and assist easyCar in good faith (including responding promptly to communications), and provide easyCar with such information and take such actions as may be reasonably requested by easyCar in connection with any complaints, claims, charges or notices relating to the Owner's Vehicle and Vehicle listing, or with respect to any investigation undertaken by easyCar or its representatives regarding use or abuse of the Site.

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7. RENTER CHARGES


7.1    The Renter shall pay the following charges in respect of the Booking and easyCar shall collect such payment on behalf of the Owner and Insurer, acting in the limited capacity of authorised payment collection agent of the Owner and Insurer:
7.1.1  the Rental Fee;
7.1.2  any Overdue Fee;
7.1.3  the Refuelling Charge, being the cost of refuelling the Vehicle back to its previous level, plus an Owner Administration Charge, if the Vehicle is returned with any less fuel than the Owner supplied;
7.1.4  the Cleaning Fee, being the cost of cleaning the Vehicle plus an Owner Administration Charge, if the Vehicle is returned to the Owner in a standard requiring the services of a cleaning company. The Cleaning Fee and Owner Administration Charge may apply in circumstances including, but not limited to, where the Vehicle is returned with evidence of sand, dirt, mud, unauthorised smoking or unauthorised pets;
7.1.5  the Key Replacement Charge, being the full cost of replacing the keys to the Vehicle (plus a Key Replacement Administration Charge), if all or part of the Vehicle's keys are not returned to the Owner;
7.1.6  the Locksmith Charge, being the full cost of a locksmith's attendance and work in the event that, for example, the keys are locked in the Vehicle;
7.1.7  the Condition Report Charge, being the administration charge applicable if the Renter fails to comply with the Renter’s responsibilities relating to reporting on the condition of the Vehicle as set out in clauses 5.2, 5.4 and 5.8;
7.1.8  the Recovery Charge, being the full cost of recovery of the Vehicle and any additional costs associated with the Vehicle not being returned (including any vehicle holding costs, parking and compound charges) if the Renter fails to return the Vehicle to the Owner at the end of the Rental Period for reasons other than explicitly agreed in writing with easyCar, the Owner and where relevant, the Insurer or Breakdown Provider under circumstances set out in clauses 11.1 and 11.4 below;
7.1.9  the amount of any loss or damage resulting from any breach of the Renter's responsibilities set out in clause 5;
7.1.10  the fines and charges set out in clause 8 and all charges, fines and court costs for congestion charges, parking, traffic or other offences, including any costs which arise if the Vehicle is clamped, and any civil penalty payable relating to the Booking. The Renter must also pay the appropriate authority any fines and costs if and when the relevant authority demands this payment, and acknowledges that such obligations may be communicated to the Renter directly, or through easyCar on behalf of the Owner or the relevant authority. In all cases, the Renter will also be liable for the Penalty Notice Administration Charge;
7.1.11  any other charges stipulated by the Owner in the vehicle’s description or agreed between the renter and the owner including but not limited to any charges relating to pick up or delivery of the vehicle, the distance driven during the Rental Period, or the provision of accessories or additional items,
and any other charges due from the Renter according to the Terms.

7.2    easyCar, acting in the limited capacity of authorised payment collection agent of the Owner and Insurer shall collect a Damage Deposit before the start of each Rental Period as outlined in each Booking Confirmation, in accordance with the applicable insurance policy. If the Vehicle is returned clean and undamaged and the Renter has not caused any damage to anybody else's person or property during the Rental Period, or otherwise incurred any fines, charges or penalties, easyCar will refund the Damage Deposit in full within four working days of the end of the Rental Period. easyCar may satisfy any charges which easyCar, in its sole discretion, determines are due under these Terms (whether for the benefit of the Owner or otherwise) by retaining the corresponding amount from the Damage Deposit.
7.3    The Renter hereby authorises easyCar, acting in the limited capacity of authorised payment collection agent of the Owner and Insurer, to collect any amounts for which the Renter is liable under these Terms by charging a credit or debit card, the details of which have been provided to easyCar by the Renter. This may occur for example, in circumstances where the Damage Deposit has already been returned, or where the Renter's liability exceeds the value of the Damage Deposit. easyCar will inform the Renter on request of the reason for any charges that are collected in this manner.
7.4    easyCar will inform the Renter promptly upon receipt or notification of any charge for which the Renter is liable under clause 7.1. Without prejudice to clause 7.3, the Renter must inform easyCar within 72 hours of initial communication if the Renter intends to challenge or appeal to the competent authority against the fine, charge or penalty. In such cases, the Renter must keep easyCar informed of the progress and outcome of the challenge or appeal. easyCar is not obliged to offer any assistance to the Renter in undertaking the challenge or appeal, and may in its sole discretion impose a reasonable time limit on the Renter's challenge or appeal, after which the Renter will be liable to pay the outstanding amount of the fine, charge or notice (together with any increases or related charges that may have accrued as a result of the challenge or delay) under these Terms.
7.5    The Renter will be liable to a Chargeback Administration Charge if he or she applies for a debit or credit card chargeback claim without reasonable cause, such charge to cover any chargeback fees, administrative and dispute costs incurred by easyCar as a result of such claim.

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8. FINES AND OTHER CHARGES


8.1    The Renter shall be liable for the following fines and costs incurred during a Rental Period (including any Delay Period):
8.1.1  any and all traffic offence penalties including parking tickets, speeding fines, clamping fines, bus lane fines and compound charges; and
8.1.2  any tolls, fees or charges including the Dartford crossing toll (‘Dart Charge’) and toll road fees, and the London Congestion Charge.
8.2    Wherever possible, it is the responsibility of the Renter to pay the relevant authorities directly. The Renter must provide a written report of any offences committed by him or her during a Booking to easyCar and the Owner on return of the Vehicle.
8.3    In the case of speeding notices (and where otherwise obliged by law) the Renter acknowledges and agrees that easyCar and/or the Owner may pass on the Renter's details to the police or relevant authority, who may then contact the Renter directly.
8.4    The Renter will be liable for any parking charges incurred at the point of return, unless expressly agreed beforehand with the Owner or easyCar.
8.5    In the case of a claim or call out initiated with the Insurer or Breakdown Provider, a Member is liable to a Condition Report Charge if found to have been in breach of easyCar Club Terms and Conditions with respect to the Booking.

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9. PAYMENT


9.1    Each Owner hereby appoints easyCar as the Owner's authorised payment collection agent solely for the purpose of accepting the Rental Fee and any other charges payable by the Renter in accordance with these Terms. In relation to each Booking, easyCar will pay to the Owner:
9.1.1  the Owner Payment; and
9.1.2  the allocation of any charge proceeds calculated in accordance with the Schedule of Charges.
9.2    Payments due under clause 9.1 will be made within 14 working days of the end of the Rental Period, to the bank account nominated by the Owner.
9.3    The Owner accepts that easyCar's obligation to pay the Owner any sums payable under a Booking is conditional upon successful receipt of the associated payments from the other party to the Booking.
9.4    easyCar will pass on the relevant portion of any administration charges due to a Member in respect of a Booking once they have been collected from the Member incurring the charge, as set out in the Schedule of Charges.
9.5    The Owner acknowledges and agrees that easyCar may, without limiting any other rights or remedies that easyCar may have, set off any amounts received from the Renter in respect of any Booking, against any amounts payable by the Owner to either easyCar or to the Renter, pursuant to these Terms.
9.6    The Owner acknowledges and agrees that the Owner is solely responsible for determining any personal tax liability as a result of the receipt of any income as a result of renting his or her Vehicle, and for any applicable tax reporting requirements. easyCar does not provide or offer any tax–related advice to Members.

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10. THIRD PARTY LIABILITY, COLLISION DAMAGE WAIVER AND THEFT INSURANCE


10.1    The conditions of the Insurance and breakdown cover apply to all Bookings. Members should review the separate information on the Site and the Insurance policy documents, and be aware of any restrictions and exclusions which may apply . By applying for membership of easyCar Club, an applicant accepts the conditions of the Insurance and breakdown cover as set out in the policy documents, and as summarised in this agreement.
10.2    The Insurance provides cover for loss or damage to the Vehicle incurred during a Rental Period but there are excess amounts for which a Renter is personally responsible and which will apply to each incident or claim. Depending on the Renter's age and the type of vehicle rented, it is possible to pay an additional charge to lower the excess amount for a Rental Period. The amount of the Damage Deposit is shown on the Booking Confirmation. In the unlikely event that a Renter is involved in separate incidents during a Rental Period, multiple excess amounts may apply and the Renter's liability may not be limited to the Damage Deposit.
10.3    There is a legal responsibility to have third party insurance for the Vehicle, and, as part of its Services, easyCar has arranged the appropriate cover for the benefit of Members during a Rental Period. The Insurance provides cover for claims made against a Renter for the death or injury of the other party in an accident. It also provides up to £20,000,000 of cover for damage to that party's property and up to £5,000,000 for that party’s costs.
10.4    Provided that the Renter has kept to all of the terms of the Insurance, where the Vehicle is damaged, lost or stolen during the Rental Period, the Renter shall only be liable up to the amount of the Damage Deposit in relation to each separate incident , and any reasonable administration fees incurred by easyCar which arise when dealing with these matters. However, the Renter will still have to pay an amount up to the Damage Deposit every time the Renter damages the Vehicle or if the Vehicle is lost or stolen. If the Renter is involved in an accident which is somebody else's fault, easyCar will try to recover the cost of the repair to the Vehicle from the other party, and if successful easyCar will refund all or part of the applicable Damage Deposit at that time.
10.5    The Insurance contains conditions and exceptions which may impact a Member’s ability to claim under the Insurance. There are general conditions and exceptions which apply to individual sections of the Insurance policy, and there are general conditions, general exceptions and extra conditions which apply to the whole Insurance policy. In these situations, easyCar and/or the Insurer will seek to recover the cost of any claims, including all legal costs, from the Member. Each Member should read and understand the terms of the Insurance including the conditions and exceptions.

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11. ACCIDENTS, DAMAGE, BREAKDOWN AND THEFT


11.1    In the event of an accident the Renter must not admit responsibility or attempt to negotiate unless advised to do so by the Insurer. The Renter should note the vehicle registration numbers of other vehicles and obtain the names and addresses of everyone involved, including witnesses and should also:
11.1.1  make the Vehicle secure;
11.1.2  tell the police without delay if anyone is injured or if the Renter was unable to exchange details with other drivers or property owners; and
11.1.3  call the Insurer immediately as stated on the Booking Confirmation.
11.2    Damage caused to the Vehicle outside of the Rental Period, or any damage expressly stated to not be covered by the Insurance, will not be covered by the Insurance, and the Renter will be liable for all such damage. Damage incurred while driving illegally will not be covered by the Insurance and Members may be personally liable for such damage. Unless an Extended Rental Period is agreed in accordance with these Terms, the Insurance only covers the Initial Rental Period.
11.3    If an Owner becomes aware that his or her Vehicle has been damaged or stolen the Owner must contact easyCar by phone, as soon as possible, and in any event within 48 hours of the end of the Rental Period (or any Delay Period). Subject to the terms of the Insurance, the Insurer may disregard notifications made after such time.
11.4    In the event of breakdown, the Renter should notify both the Owner and the Breakdown Provider and await assistance. It is the responsibility of the Renter to remain with the Vehicle, in a safe location, until assistance arrives. If the Renter abandons the Vehicle in the event of breakdown, he or she will be liable for the cost of returning the Vehicle to the Owner and may be liable for the full amount of any damage or theft that occurs. The Breakdown Provider will attempt to repair the vehicle at the roadside and the Owner agrees to all work carried out at the roadside as long as it does not incur a cost to the Owner. The Renter must not agree to incur any costs or to the installation of any parts by the Breakdown Provider (or otherwise) without the express prior consent of the Owner or easyCar. The Owner and Renter will not have any recourse to easyCar for any payments made or agreed to be made directly to the Breakdown Provider or any other breakdown repair or recovery supplier. The Owner agrees that easyCar may, acting reasonably, authorise such costs or the installation of any parts on behalf of the Owner where easyCar has been unable to contact the Owner within a reasonable time of the breakdown occurring, despite using its reasonable efforts to do so. Vehicle holding fees may also apply if the Owner remains uncontactable. Any such costs shall be paid by the Owner and easyCar may set off such costs against any amounts paid by the Renter, in accordance with clause 9.5.
11.5    If the Vehicle is stolen during the Rental Period (or any Delay Period) the Renter must inform the police and easyCar as soon as becoming aware of the theft.
11.6    If an Owner becomes aware that the Vehicle has been left dirty to a level warranting a Cleaning Fee, the Owner must notify easyCar within 48 hours of the end of the Rental Period (or any Delay Period).

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12. PERSONAL INFORMATION


12.1    easyCar will hold and use a Member's personal information in order to perform and improve the Services. easyCar may also make a Member's personal information available to easyCar's group companies for business administration purposes.
12.2    easyCar will share Members' personal information and Vehicle details (if applicable) with the Insurer to the extent required to make decisions about a prospective Member’s application and to perform the Services. Details of how the Insurer deals with Members’ personal information is set out in the “Privacy and Security Statement” in the Insurance policy document.
12.3    easyCar may also use such a Member's personal information to search the files of credit reference agencies, who will record this search. This information will be used only to help make credit reference decisions or, occasionally, for fraud prevention or tracing debtors. easyCar may also share a Member’s personal information with the providers of commercially available databases to assist in the validation of the information provided by the Member during his or her membership.
12.4    easyCar will share a Member's personal details with the police in response to reasonable requests (as determined by easyCar in its sole discretion) or if compelled by a court or other competent authority.
12.5    Each Member explicitly consents to having his or her personal details, including details of any relevant criminal offences or alleged criminal offences, transferred to credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA), debt collectors, insurance underwriters, and the British Vehicle Rental and Leasing Association (BVRLA), in the event that such Member breaches any of the conditions of this agreement.
12.6    Further information about how easyCar uses a Member's personal information is set out in the Privacy Policy.
12.7    Members will be required to share their personal information with other Members in the course of making enquiries and arranging Bookings. Each Member acknowledges and agrees that he or she shall use the information received from other Members only for these purposes and shall take all reasonable measures to keep such information confidential. easyCar will not be liable for any misuse of information shared between Members.

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13. CANCELLATION AND AMENDMENT


13.1    Once a Booking Request has been accepted by an Owner, neither the Owner nor the Renter may cancel without the express agreement of the other party (at that party's sole discretion), except in the circumstances set out in clause 13.2, 13.3 or 13.4.
13.2    An Owner may cancel a Booking in the following circumstances by notification to easyCar and the Renter, and in such cases will be liable to pay the following cancellation charges:
13.2.1  More than 72 hours before the start of the Rental Period, with no charge;
13.2.2  Between 72 hours and 24 hours before the start of the Rental Period, with a charge of £10 per day of the Rental Period (subject to a maximum of £50) plus a Cancellation Administration Charge;
13.2.3  Less than 24 hours before the start of the Rental Period, with a charge of £20 per day of the Rental Period (subject to a maximum of £100) plus a Cancellation Administration Charge.
13.3    A Renter may cancel a Booking in the following circumstances by notification to easyCar and the Owner, and in such cases will be liable to pay the following cancellation charges:
13.3.1  More than 72 hours before the start of the Rental Period, with no charge;
13.3.2  Between 72 hours and 24 hours before the start of the Rental Period, with a charge of 50% of the Rental Fee (subject to a maximum of £50) plus a Cancellation Administration Charge;
13.3.3  Less than 24 hours before the start of the Rental Period, with a charge of 100% of the Rental Fee (subject to a maximum of £100) plus a Cancellation Administration Charge.
13.4    A Renter may cancel a Booking by notification to easyCar and the Owner where, following the Renter's inspection of the Vehicle at the start of the Initial Rental Period, the Vehicle is not roadworthy. In such cases, the Owner will be deemed to have cancelled the Booking and clause 13.2.3 shall apply. Supporting evidence of the Vehicle's condition may be required by easyCar before a refund is granted pursuant to this clause 13.4.
13.5    Unless the Booking has been properly cancelled in accordance with clauses 13.1 to 13.4, and subject to clause 13.7, the Renter will be liable for the full Rental Fee, unless the Renter picks up the Vehicle within the Pick-up Grace Period (provided the Renter is not prevented from doing so by action or inaction of the Owner).
13.6    Unless the Booking has been properly cancelled in accordance with clauses 13.1 to 13.4, and subject to clause 13.7, if the Owner fails to provide the Vehicle within the Pick-up Grace Period, the Owner will be liable for the Owner No-show Fee and an Administration Charge. In such circumstances, easyCar will refund the Rental Fee to the Renter but will not be liable to the Renter for any further damage or loss.
13.7    In the event of unforeseeable circumstances beyond the reasonable control of either the Renter or the Owner, or other extenuating circumstances, including:
13.7.1  serious illness of the Renter, such that the Renter is unfit to drive;
13.7.2  natural disaster (including but not limited to fire and flood);
13.7.3  acts or restraints of governments or public authorities; or
13.7.4  war, riot, civil commotion or acts of terrorism.
easyCar, may at its sole discretion, decide that it is appropriate to cancel the Booking and offer the Renter a refund of the Rental Fee less an Administration Charge. Each Member acknowledges and agrees that easyCar will not have any liability to any Member for such cancellations and refunds. Supporting documents may be required by easyCar before such a refund is granted.
13.8    If an Owner or Renter wishes to amend a Booking, he or she must agree the amendment with the other party, and contact easyCar. The party requesting the amendment may be liable to an Administration Charge, and additional insurance charges and Rental Price may apply in the case of extensions.
13.9    Each Member accepts that easyCar's obligation to pay any cancellation or no-show fees, or other charges in respect of cancellation, is conditional upon successful receipt of the associated payments from the other relevant Member.

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14. TERMINATION AND EFFECTS


14.1    Subject to clause 14.2, a Member may cancel his or her membership by notice in writing to easyCar at any time.
14.2    Any cancellation pursuant to clause 14.1 will not affect any Booking Confirmation already issued at the time of the cancellation and cancellation of the membership shall therefore be deemed to be a cancellation of the Booking by the Member, and clause 13 shall apply.
14.3    easyCar may suspend or terminate a Member's membership and/or access to the Site at any time in its discretion with or without prior notice or cause, and without liability to that Member.
14.4    Termination of membership will not affect the right of easyCar to recover from a Member any money or goods owed pursuant to these Terms. Where a Member cancels his or her membership, easyCar will not be obliged to delete or return to the Member any content he or she has posted to the Site, including any reviews or feedback.

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15. LIMITATION OF LIABILITY


15.1    The material displayed by Members on the Site is provided without any guarantees, conditions or warranties as to its accuracy and is provided on an "as is" basis. easyCar does not endorse any Member or any Vehicle. Images of Vehicles on the Site are indicative only. Images may be those of the relevant Owner, and indicate a photographic representation of the Vehicle at the time the photograph was taken. easyCar does not verify the accuracy of any images. No additional information should be inferred from the other contents of the image. Where no photograph is available, stock images of vehicles may be used.
15.2    Although easyCar performs certain checks for the benefit of Members, designed to help verify the identities of Members and in order to satisfy easyCar's insurance requirements, easyCar does not make any representations about, confirm, or endorse or recommend, any Member or the Member's identity, background, or driving ability or experience. The Member's appearance on, or use of, the Site should not be taken as any such endorsement or recommendation.
15.3    easyCar shall not itself be liable nor vicariously for any failure of a Member to perform his or her obligations in relation to any Booking. To the extent permitted by law, easyCar hereby expressly excludes all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity.
15.4    As a Member, you agree that you shall take sole responsibility for all activities or actions under your Member account and login details and that you shall not disclose your password or login details to any third party. Members must notify easyCar immediately if they believe that any unauthorised activities or actions have taken place in relation to their account.
15.5    To the fullest extent permitted by applicable laws, easyCar disclaims responsibility for any harm resulting from a Member's use of any part of the Site or the Services, including from the use of a Key Safe. Nothing in these Terms shall limit or exclude easyCar's liability for fraudulent misrepresentation, for death or personal injury resulting from easyCar's negligence or for any other liability that cannot be limited or excluded by law.
15.6    Each Member agrees to release, defend, indemnify, and hold easyCar and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with
15.6.1  the Member's access to or use of the Site or the services the subject of this agreement;
15.6.2  the Member's violation of these Terms; or
15.6.3  the Member's
(a)  interaction with any other Member,
(b)  Booking,
(c)  creation of a Vehicle listing, or
(d)  use, condition or rental of a Vehicle, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of a Vehicle.
15.7    easyCar will not be liable in respect of any damage to or theft or breakdown of any Vehicle, or any related costs, including but not limited to loss of income or loss of use, and whether directly or indirectly incurred by a Member or any other party.

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16. INTELLECTUAL PROPERTY


16.1    The Site contains copyright material, trade marks, and other proprietary information, all of which is individually and collectively protected by copyrights laws and other intellectual property laws in the United Kingdom and internationally. Except as part of the intended use of the Site, a Site user must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. Except for content provided by Members, all of the content presented through the Site is owned by easyCar and its licensors. All rights are hereby expressly reserved.
16.2    By making available any Member Content on or through the Site, that Member grants easyCar a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, easyCar social media properties, and other channels. easyCar does not claim any ownership rights in any such Member Content and nothing in this agreement will be deemed to restrict any rights that the Member may have to use and exploit any such Member Content.
16.3    The Member agrees that he or she is solely responsible for all Member Content that he or she makes available through the Site and represents and warrants that:
16.3.1  he or she either is the sole and exclusive owner of all such Member Content or has all rights, licenses, consents and releases that are necessary to grant to easyCar the rights in such Member Content, as contemplated in these Terms; and
16.3.2  the use by the Member or easyCar of that Member Content will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
16.4    The Site may provide links to other websites for information. easyCar has not reviewed these third party websites and has no control over such sites or resources. easyCar does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using such sites.

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17. GOVERNING LAW


These Terms shall be governed by and construed in accordance with English law and each party agrees to submit any dispute in relation to these Terms (whether contractual or non-contractual) to the exclusive jurisdiction of the courts of England.

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18. GENERAL


18.1    Any notice or other communication given to easyCar in connection with these Terms should be sent by email to memberservices@easycar.com or by post to easyCar Club Member Services, 3rd Floor Rear, Satila House, 109-111 Farringdon Road, London, EC1R 3BW.
18.2    The invalidity, unenforceability or illegality of any provision (or part of a provision) of this agreement shall not affect the validity, enforceability or legality of the other provisions. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
18.3    Any delay or failure to exercise any right or remedy under these Terms shall not be construed as a waiver of that right or remedy or any other right or remedy, and no partial or single exercise of a right or remedy under this agreement will prevent any further exercise of that right or remedy or any other right or remedy.
18.4    These Terms are for the benefit of easyCar and the Members and no third party shall have the right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

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19. Additional terms for Ford Credit Customers


This clause 19 applies to all Owners who are customers of FCE Bank Plc and who join easyCar Club before 1 August 2015 using the link or promotion code specified by FCE Bank Plc in its promotion materials (a “Ford Credit Owner”). In addition to the use of data specified in these Terms and in the Privacy Policy, each Ford Credit Owner agrees that easyCar Club will share his or her personal information and Vehicle Details with FCE Bank Plc, to be used by FCE Bank Plc to assess the success of the promotion, assist in the improvement of its services, and monitor the condition of the Vehicle. Each Ford Credit Owner understands that membership of easyCar Club is conditional upon a specific waiver granted by FCE Bank Plc from the underlying finance contract, which may be withdrawn at any time. If a payment is due to the legal owner under the Insurance, a Ford Credit Owner understands that such sums may be paid directly to FCE Bank Plc as per the terms of the Insurance.

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DEFINITIONS


Additional Driver A Member added to a Booking as an additional driver, as agreed with the Insurers.
Administration Charge A charge payable by a Member in the circumstances set out in these Terms, in the amount set out in the Schedule of Charges.
Booking A completed agreement between an Owner and a Renter made via the Site for the Renter to use a Vehicle for a Rental Period in return for a Rental Fee, in accordance with these Terms.
Booking Confirmation A confirmation issued by easyCar via the Site once an Owner has accepted a Booking Request.
Booking Fee The fee charged by easyCar to the Owner for facilitating a Booking, calculated by multiplying the Rental Price by the Booking Fee Percentage, plus VAT at the applicable rate.
Booking Fee Percentage 10%.
Booking Request A request by a Renter to use a particular Vehicle for a specified period of time, submitted via the Site.
Breakdown Provider easyCar’s breakdown and recovery partner, currently Admiral (EUI Limited).
Cancellation Administration Charge A charge payable by an Owner or Renter in the circumstances set out in this agreement, in the amount set out in the Schedule of Charges.
Vehicle Eligibility Criteria Criteria governing, among other things, the age, type, value and condition of a Vehicle as set out on the Site, which a Vehicle must satisfy to be eligible to be listed by an Owner.
Chargeback Administration Charge A charge payable by a Member in the circumstances set out in clause 7.5, in the amount set out in the Schedule of Charges.
Cleaning Fee A charge payable or Renter in the circumstances set out in this agreement, in the amount set out in the Schedule of Charges.
Condition Report As defined in clause 6.5.
Condition Report Charge A charge payable by a Member in the circumstances set out in these Terms, in the amount set out in the Schedule of Charges.
Conditional Booking As defined in clause 3.11.
Damage Deposit An amount payable by the Renter per booking as set out on the Site, which may be reduced by the payment of the Excess Reduction fee.
Delay Period As defined in clause 4.3.
Driver Eligibility Criteria Criteria governing a person's attributes as set out on the Site , which a person must satisfy to be eligible to become a Renter.
Excess The amount the Renter is liable for under the Insurance in the event of an incident that requires payment for damage caused to the Vehicle or another person's property. The amount varies according to the Vehicle and/or age of the Renter, as set out on the Site.
Excess Reduction Fee The cost of reducing the Excess by a fixed amount per Booking by payment of additional insurance premium by the Renter at the time of Booking.
Extended Rental Period The period of time by which the Owner and Renter agree to extend the Initial Rental Period.
Face to Face Hiring The process of providing a Vehicle's keys in person between the Owner and the Renter.
Fixed Pricing A pricing method under which prices set manually by the Owner apply to all Bookings.
Initial Rental Period As defined in clause 3.6.
Insurance easyCar's motor vehicle insurance policy for Members, provided by the Insurer.
Insurance Fee The cost of insurance for a Rental Period, which may include the Excess Reduction Fee.
Insurer The entity providing the Insurance from time to time, currently EUI Limited.
Key Replacement Administration Charge A charge payable by a Renter in the circumstances set out in this agreement, in the amount set out in the Schedule of Charges.
Key Replacement Charge A charge payable by a Renter in the circumstances set out in clause 7.1.5, in the amount set out in the Schedule of Charges.
Key Safe A secure locking device loaned to Owners by easyCar during the period of their membership that allows Renters to gain access to the key of the Vehicle by entering a code sent to them by easyCar.
Locksmith Charge A charge payable by a Renter in the circumstances set out in clause 7.1.6, in the amount set out in the Schedule of Charges.
Market Pricing A pricing method under which an Owner may vary a Vehicle's prices from time to time.
Member An individual who signs up for membership of easyCar Club through the signup process on the Site, including Owners and Renters.
Member Content All text, graphics, photographs, images, music, software, audio, video, information or other materials that a Member uploads to the Site or otherwise transmits to easyCar.
Optional Extras Fee The cost of any optional extras selected by a Renter in relation to a Rental Period (which may include a young driver's surcharge).
Overdue Fee As defined in clause 4.3.
Owner A Member who signs up to make a Vehicle available to rent via the Site.
Owner Administration Charge A charge payable by a Renter in the circumstances set out in this agreement, in the amount set out in the Schedule of Charges.
Owner No-show Fee A charge payable by an Owner as set out in clause 13.6, in the amount set out in the Schedule of Charges.
Owner Payment The Rental Fee, less the Booking Fee (and VAT on the Booking Fee), less the Insurance Fee (including any Excess Reduction Fee), less the Optional Extras Fee.
Penalty Notice Administration Charge A charge payable by a Renter as set out in the Schedule of Charges.
Pick-up Grace Period The period of time from the start of the Rental Period during which the Owner has to make the Vehicle available, or the Renter has to pick up the Vehicle, as set out in the table below:
Rental Period duration Pick-up Grace Period
Less than 4 hours 20 minutes
4 hours to 4 days 30 minutes
4 days + 1 hour
Recovery Charge A charge payable by a Renter in the circumstances set out in clause 7.1.8, in the amount set out in the Schedule of Charges.
Refuelling Charge As defined in clause 7.1.3.
Remote Hiring The process of providing access to keys to the Vehicle using a Key Safe.
Rental Fee Rental Price plus the Insurance Fee (including any Excess Reduction Fee), plus the Optional Extras Fee, and adjustment for any Extended Rental Period.
Rental Period The Initial Rental Period plus any Extended Rental Period.
Rental Price The total price applied to a Rental Period, before any additions for insurance, or optional extras.
Renter A Member who requests and books a Vehicle from an Owner via the Site.
Vehicle The car or van and all its documents, tools, fittings, components, standard equipment (including jack, spare tyre, etc), whether mechanical or otherwise, the subject of a Booking.


SCHEDULE OF CHARGES


Charges Fixed or variable Total charge Allocation of charge proceeds
easyCar Owner Renter
Administration Charge Fixed £20 £20 - -
Cancellation Administration Charge Fixed £35 £10 - -
Cleaning Fee Variable Varies (up to £25 for standard valeting service. If there has been unauthorised smoking/ pets or the Vehicle is returned excessively dirty, a maximum of £60 will apply, to be reimbursed upon Owner submitting a dated receipt). - All -
Chargeback Administration Charge Fixed Varies (up to max. £150) All - -
Condition Report Charge Variable Up to max £250 (payable in case of an insurance claim or breakdown intervention and total claim exceeds the Damage Deposit) All - -
Key Replacement Administration Charge Fixed £35 £10 £25 -
Key Replacement Charge Variable Varies (to reflect actual cost of replacement keys) - All -
Locksmith Charge Variable Varies (up to a max £300 call-out charge) plus the costs of repair (if any) of any damage caused by the locksmith in the course of carrying out any necessary work) - All -
Overdue Fee Variable Varies (see clause 4.3) Varies Varies -
Owner Administration Charge Fixed £20 £10 £10 -
Owner No-show Fee Variable £20 per day of the Rental Period (to max £100) plus fixed £30 charge - - All
Penalty Notice Administration Charge Fixed £10 £10 - -
Recovery Charge Variable Varies (to reflect actual cost of vehicle recovery) Varies Varies -
Refuelling Charge Variable Varies (up to max £25) - All -

Cancellation charges are calculated as set out in clause 13.

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ADMIRAL'S TABLE OF EXCESSES AND CHARGES


Excess Type Amount Paid By Settlement
Windscreen Repair £25 Renter Retained from the Damage Deposit (subject to clause 7.3 above)
Windscreen Replacement £75 Renter
Accidental Damage/Theft/Claim As per booking Renter
Condition Report not completed (Claims only) *£250 Owner Payable to an Admiral approved repairer at the time vehicle is collected following repair
* if car is not repairable and is written off, £250 will be deducted from the value of the claim settlement

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