Car ButeTerms and Conditions

The Member’s Agreement

1.
The Member in submitting a signed driver declaration form agrees to be bound by the terms and conditions as listed in this agreement and acknowledges that Car Bute reserves the right to repossess the vehicle at any time without demand at the Member’s expense if the terms of this Agreement are breached.

2. Collection
The Member agrees that prior to the driving away of the vehicle he/she will:

a. Inspect the vehicle for any damage either inside or outside the vehicle. Any damage not shown on the previous damage report must be recorded on the next damage report;

3. Return
a. The vehicle must be returned by the agreed time and date to the designated parking space as provided by Car Bute;

b. The Member agrees to return vehicle keys to the designated storage and to remove all personal possessions.

c. The Member agrees he/she will return the vehicle with all documents and accessories present at the time of collection and in the same condition as they were on collection;

4. Charges for late return

If the vehicle is not returned by the agreed time and date to the designated parking space Car Bute will be entitled to charge the Member at the agreed rate £5/hr plus any applicable penalty charges, until the vehicle is either returned or recovered.

5. Charges for returning the vehicle in poor condition unacceptable to Car Bute

If the vehicle is not returned to Car Bute in the same condition as it was on collection Car Bute will be entitled to charge the Member for the cost of valeting, and/or repairing the vehicle (including the cost of spare parts).

6. Other charges

Full details of all the charges to Members are as shown on the Car Bute website
In accordance with the charges as set out on the website the Member shall pay or reimburse Car Bute on demand the sum of:

a. The agreed returnable deposit

b. The agreed rental rate for the period

c. Any applicable penalty charges;

d. All mileage charges relating to the distance travelled whilst the vehicle is in use;

e. Any fines, penalties, court costs or other expenses imposed on Car Bute by law, arising from the use of the vehicle while on rent to the Member, unless due to Car Bute’s fault, which shall not relieve the Member or any other person of direct responsibility to any public authority for his/her unlawfulness;

f. Car Bute’s costs, including reasonable legal fees and administration charges incurred in collecting amounts due from the Member under this Agreement;

g. Any amounts due under any clauses in this agreement relating to the loss or damage to the vehicle;

h. Any sums incurred by Car Bute in connection with the recovery of the vehicle, or otherwise incurred by Car Bute due to the Member’s acts or omissions.

7. Responsibility of the Member

a. The Member is responsible for first £100 of any minor damage (defined as damage costing less than £100 to repair) howsoever caused. An accidental excess waiver is applicable. In the event that the damage is not reported to Car Bute by the Member the contribution shall remain up to £250.

b. The Member is responsible for the first £250 of any costs of repairs for major damage (defined as damage costing more than £400 to repair), howsoever caused.

c. The Member is responsible for the first £250 towards any costs related to the theft of the vehicle whilst in their custody or control, if no negligence is proved. This contribution will be increased to £500 if the Member is found in Car Bute’s discretion to have been negligent.

8. Care of the vehicle

8.1 The Member must look after the vehicle, making sure it is locked and secure when not in use, use the correct fuel.

8.2 The Member must check the oil and water on collection if this is indicated by dashboard lights.

8.3 The Member must inspect the tyres on a daily basis, and ensure that they appear correctly inflated.

8.4 The Member is responsible for keeping the vehicle sufficiently supplied with the correct fuel, a fuel card is always kept in the vehicle and ensuring that the vehicle interior is left clean and tidy before it is returned.

9. Conditions of use

9.1 The Member must not allow the vehicle:

9.1.1 to be used to smoke in;

9.1.2 to be used to carry passengers or cargo for remuneration (it is however permitted to share the cost of hire with passengers);

9.1.3 to be used to propel or tow any vehicle, trailer or other object unless the vehicle is fitted with a towbar.

9.1.4 to be used for motor trade use;

9.1.5 to be used while the driver is under the influence of alcohol, drugs, or any other substance impairing their consciousness or ability to react;

9.1.6 to be used in contravention of any traffic regulations – note that committing any traffic offence, other than those listed in section 10.1 is a violation of this agreement;

9.1.7 to be driven by any other person (including any other Member) who has not first been authorised by Car Bute and added to Car Bute Agreement;

9.1.8 to drive or be driven outside England, Scotland, and Wales without permission and documentation from Co-operative Insurance Society.

9.2 Failure to comply with the conditions of use may result in the charge of penalty payments or the recovery of the vehicle without notice at the Member’s expense.

9.3 The Member agrees to notify Car Bute immediately (or at least 48 hours before the next booking, in any event) if any of the following events occur:

9.3.1 The Member is involved in an accident involving a vehicle that he or she is driving (whether or not a Car Bute vehicle);

9.3.2 The Member’s driving licence is endorsed, and the Member agrees to provide their licence with the schedule of endorsements to Car Bute for copying;

9.3.3 The Member’s occupation changes to that of a restricted occupation (as defined in clauses 10.1.e, 10.1.f, 10.1.g, 10.1.h);

9.3.4 The Member suffers from a health related complaint that restricts their ability to drive safely.

9.4 In the event that changes of status occur which affect eligibility the Members membership will be suspended, unless renewed approval can be obtained under special conditions.

9.5 The Member agrees that he/she has read and understood the terms and conditions relating to the use of the vehicle, the security of the vehicle, and the use and care of the keys for the vehicle.

10. Insurance and eligibility of membership

10.1 Membership shall only be available to members of the public who:

10.1.a are at least 20 years of age

10.1.b are full driving licence holders, who have held their licence for a minimum of 12 months,

10.1.c have no more than one accident claim in the last four years

10.1d have no more than one of the following convictions:

AC-Accident Offences

CD-Careless driving Offences

CU-Construction and use Offences

IN-Insurance Offences

LC-License Offences

MS-Miscellaneous Offences

MW-Motorway Offences

PC-Pedestrian crossing Offences

TS-Traffic direction Offences

10.1e have no more than two of the following convictions and no disqualification within the last five years

SP-Speed limit Offences

10.1f have not been disqualified from driving in the past 10 years.

10.1.g have not had insurance declined or cancelled or renewal refused.

10.1.h are not in occupations connected to gambling or betting;

10.1.i are not in the entertainment profession, including sportsmen and women

10.1j or who are corporate entities deemed acceptable by Car Bute at its sole discretion.

10.1k anyone other than the person named on the declaration form

10.2 Disability

10.2a Medical conditions that should be notified to the DVLA:

· An epileptic attack

· Sudden attacks of giddiness

· Severe mental handicap

· A pacemaker

· Diabetes controlled by insulin or tablets

· Angina whilst driving

· Multiple sclerosis

· Parkinsons Disease

· Any other chronic neurological condition

· A serious problem with confusion

· A major or minor stroke

· Any disability that would affect ones fitness to drive

Car Bute has insurance coverage for the persons using the vehicle with their permission (and not otherwise) in accordance with an Automatic Liability Insurance Policy. 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.

10.3 The Member waives all rights to and agrees that Car Bute or persons acting on its behalf will conduct negotiations and agree any settlement with the insurers and that any monies in respect of vehicle loss or damage will be paid to Car Bute or such persons as Car Bute may direct.

11. Accidents

11.1 The Member must report any traffic accident involving personal injury, loss, damage, or theft to the police immediately and to Car Bute as soon as practically possible, which would normally be within 24 hours; the police reference number allocated must be provided.

11.2 The Member must not admit liability or guilt in the event of an accident, or promise to pay any third party, or attempt any repair. A Car Bute accident or theft report form must be fully completed on request. If the Member does not comply with this request, insurers may refuse the claim.

11.3 The Member agrees to co-operate with Car Bute and its insurers in any investigation or subsequent legal proceedings.

12. Personal property

Car Bute is not liable to the Member or any passenger for loss or damage to property left in the vehicle either during the period of hire or thereafter. Such property is left entirely at the Member’s or passenger’s own risk. Members are not covered by Car Bute’s insurance for the theft of possessions or valuables from the vehicles.

13. Personal data

The Member consents to the computer storage and processing of the Member’s personal data by Car Bute in connection with this Agreement and to the transmission of this data for the purposes of Car Bute’s legitimate interests including statistical analysis, marketing of our services and credit control. If the Member breaches this Agreement, the Member’s personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.

14. Indemnity

To the extent allowed by law:

14.1 The Member agrees to indemnify and hold Car Bute harmless against any claims in connection with operation of the vehicle, any damages suffered by, including without limitation, the fines and other consequences referred to in clause 5 above, or any matters which are the consequences of the Member’s acts or omissions.

14.2 Car Bute expressly disclaims any liability for damage or loss of any kind suffered by the Member or any third party, unless it has been proven that Car Bute is at fault.

Car Bute’s Agreement
15. Car Bute agrees to be bound by the terms and conditions as listed in this contract and acknowledges that the Member reserves the right to terminate the agreement at any time without demand at Car Bute’s expense if the terms of this Agreement are breached.

Car Bute agrees to provide the minimum service provision, which is defined as follows:

16. Vehicle Provision
16.1 Car Bute will ensure, as far as is reasonably possible and in accordance with the Agreement, that the vehicle is in a roadworthy condition.

16.2 Vehicles are made available (according to the agreed terms and conditions) to Members from the designated parking stations from the booked start time, and are accessed by the use of a smartcard. Once the vehicle has been checked for external damage and internal neglect, and relevant details of condition are noted in the car record sheet, a Member can then use the vehicle in accordance with the agreed terms and conditions.

16.3 Car Bute ensures that the vehicles are in a roadworthy condition and are regularly serviced. In the event of a vehicle breakdown occurring, and once the Member has requested assistance, a designated breakdown service will attend to the vehicle (according to the terms and conditions as arranged with Car Bute).

16.4 Vehicles can be booked via the Co-ordinator. The Co-ordinator can be contacted at normal working hours for bookings, general enquiries, reporting theft, or damage of any other nature on 07826415122 or e-mail caroline@carbute.org.uk. To access a vehicle, bookings must be made in advance. If the Member’s requirements cannot be met, the Co-ordinator will endeavour to offer an alternative but cannot guarantee to meet all the Member’s requirements.

General
17. Changes to this Agreement

Any changes to the terms and conditions of this Agreement will be notified to the Member by Car Bute and accepted by the Member.

18. Term of this agreement

18.1 This Agreement shall remain in force for a period of at least one year. Car Bute must give at least one months notice of their intention not to renew the Agreement.

18.2 This Agreement may be terminated with immediate effect by the Member in the event that Car Bute breaches any of the terms of this Agreement.

18.3 This Agreement may be terminated with immediate effect by the Member in exceptional circumstances with the agreement of Car Bute.

18.4 This Agreement will be terminated if superseded by a new contract between the Member and Car Bute (in agreement with Car Bute and Member named in this contact).

19. Law and jurisdiction

Any proceedings arising in connection with this Agreement shall be submitted to the non-exclusive jurisdiction of the competent court in the county of registration of the vehicle. The applicable law in any proceedings will be the law of the courts of England, Wales and Scotland.