- These “Pivotal Vehicle Hire Service – Terms and Conditions” form part of your Hire Agreement regulated by the Consumer Credit Act 1974 and they apply in respect of your access to and use of a Vehicle as part of the Subscription services (“Vehicle Hire Services”). In these “Pivotal Vehicle Hire Service – Terms and Conditions”, capitalised terms shall have the meanings given to them in clause 15.1, references to “you” and “your” shall mean the Hirer identified in the “Key Information Pages“ of the Agreement, and references to “we”, “us”, “our” and “Pivotal” shall mean the Owner identified in the “Key Information Pages“ of the Agreement.
- We may modify or vary the Vehicle Hire Service we offer and the terms of this Agreement at any time:
- to reflect changes in relevant laws and regulatory requirements, for example; and
- to implement minor technical adjustments and improvements, for example to address a security threat.
These changes will not affect your use of the Vehicle Hire Services.
- In addition to those matters set out in clause 1.2, we may make changes to this Agreement or the Vehicle Hire Service, but if we do so we will notify you and you may then contact us to terminate this Agreement before the changes take effect and receive a refund for any Vehicle Hire Service paid for but not received (except for liability for ancillary or associated costs). Your continued use of the Vehicle Hire Service shall indicate your agreement to be bound by the amended terms.
- We will notify you of all changes to this Agreement and/or the Vehicle Hire Service pursuant to clauses 1.2 and 1.3 above, by posting the revised terms and conditions on the Website and by emailing you at the email address registered to your account.
- If you have any questions regarding this Agreement, please contact us via email at [email protected] or by telephone on +44 (0)20 3950 4833. We will handle any complaints about the Vehicle Hire Service in accordance with our complaints procedure which can be found at www.drivepivotal.com/complaints.
- Term and Termination
- Your Vehicle Hire Service and this Agreement will commence on the Effective Date. This Agreement will continue to be in force for the Hire Period at which time it shall expire, unless it is otherwise terminated earlier in accordance with this Agreement.
- You may pause or terminate this Agreement for any reason:
- at any time during the Minimum Hire Period, but after the Cooling-Off Period, by providing us with at least fourteen (14) days’ notice, subject to payment by you of the Minimum Contract Amount (which shall include the fees during the termination notice period), less any Vehicle Hire Fees paid up to the date of termination together with any pro-rated excess mileage costs and any repair costs (to the extent applicable);
- at any time after the Minimum Hire Period, by providing us with at least fourteen (14) days’ notice, in which case we will refund you any Vehicle Hire Fees you have paid for the relevant month, less the Vehicle Hire Fees due for the period in which you had use of the Vehicle (including the termination notice period) together with any pro-rated excess mileage costs and any repair costs (to the extent applicable).
- To exercise your right to terminate under clause 2.2, you may notify us by emailing us at [email protected] or by calling us on +44 (0)20 3950 4833.
- Where you have elected to pause this Agreement during the Hire Period, please note that this will be deemed to be a termination of this Agreement and therefore you will be required to enter into a new agreement in order to re-commence any Vehicle Hire Services. You may only enter into a new agreement for Vehicle Hire Services after a period of thirty (30) days has elapsed from the date this Agreement is paused or terminated. On entering into a new agreement, you and any Named Driver will be required to carry out further eligibility checks as per clause 3 below.
- We may immediately terminate this Agreement by notice to you if:
- we exercise our right to update the Vehicle as set out in clause 7.2 below except where we provide you with a temporary or replacement vehicle (due to an accident or breakdown);
- you fail to comply with the terms of this Agreement, including but not limited to any failure to meet your payment obligations;
- any of the eligibility conditions referred to in clause 3 are or become untrue;
- you, any Named Driver or any Additional Driver withdraw consent for us to process any or your and/or their personal data;
- you, any Named Driver or any Additional Driver receive endorsements or convictions on his or her driving licence during the Hire Period which affect your eligibility for a Vehicle;
- the Vehicle is used (by any number of drivers) in incurring four (4) or more speeding fines in any six (6) month period;
- you are no longer in possession or control of the Vehicle;
- you become bankrupt or enter into any arrangement or composition with creditors;
- you cause (or allow to be caused) excessive damage to the Vehicle
- you move to an address that is outside of our service area (which is currently mainland United Kingdom)(for example, from London to Paris);
- any information you supplied to us in connection with this Agreement is inaccurate or misleading in any material way;
- you use the Vehicle for racing, drug dealing or to carry out other potentially illegal activities;
- you miss any payment as per clause 4 below;
- you pose a threat to the general public;
- you exceed the Maximum Mileage Allowance in any twelve (12) month period;
- you provide fraudulent information to us;
- you breach clause 3.11 below; or
- you fail to comply with clause 6.10 below.
- We can terminate this Agreement by giving you seven (7) days’ advance notice if you do not co-operate and provide all necessary information to enable us to carry out checks on you against our eligibility, suitability and/or affordability criteria, as required in clause 3.10.
- This Agreement will terminate:
- immediately without notice if your Subscription or Membership is terminated;
- upon the replacement by us of your Vehicle with another vehicle in accordance with the terms of your Subscription or this Agreement (in which case we will enter into a new agreement for vehicle hire with you); or
- upon replacement by us of the Vehicle for another vehicle at our sole discretion in accordance with the terms of your Subscription, Membership or this Agreement (in which case we will enter into a new agreement for vehicle hire with you).
- Upon expiration, earlier termination, or pausing of this Agreement for any reason:
- all rights granted to you under this Agreement (including but not limited to your right to use the Vehicle) will immediately terminate and you will return the Vehicle to us or our representative within seven (7) days, at such location as we direct;
- you permit us or our representative at our option to retake possession of the Vehicle without notice and for this purpose may enter any site or any premises at which you, any Named Driver or any Additional Driver are keeping the Vehicle;
- you must remove any debris, rubbish and your personal possessions from the Vehicle before returning it to us, and we may destroy or otherwise dispose of any of your possessions left in the Vehicle after it has been returned;
- you must return the Vehicle with at least one quarter (¼) tank of fuel or if an EV (electric Vehicle) thirty percent (30%) charge otherwise you will be liable for the refuel/recharge cost (as applicable) as set out above; and
- the rights and, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including our right to recover any amounts owed by you pursuant to this Agreement, will not be affected or prejudiced.
- Upon the return of a Vehicle, we, or our representative, will carry out a full inspection of the Vehicle in line with our Fair Wear & Tear Policy. You will be responsible for all damage to a Vehicle that is in excess of what is permitted under the Fair Wear & Tear Policy. You will be responsible for all costs we incur to rectify all such damage.
- You will be responsible for any costs incurred relating to the recovery of a Vehicle due to termination of this Agreement (including collection costs), together with any fuel charges as set out in the “Key Information” section of this Agreement.
- The clauses titled “Definitions” (clause 15), “Liability” (clause 12), “Term and Termination” (clause 2), and “General” (clause 14) shall survive any termination or expiration of this Agreement.
- Service Eligibility
- To be eligible for a Vehicle either under our insurance or for self-insurance, you and any Named Driver must meet the following minimum criteria at all times:
- have a Membership;
- be over 28 years of age;
- have proof of no insurance claims for a minimum of two (2) years (to be insured under our insurance);
- have no previous motor insurance cancelled or declined;
- have held a full UK, EU or international driving licence for at least two (2) years;
- have no more than 6 points arising out of minor convictions on your driving licence;
- have no major convictions endorsed on your driving licence;
- not have any unspent motoring convictions;
- have no associated County Court judgments; and
- meet our affordability criteria/checks.
- We or our insurers may impose additional criteria for provision of the Vehicle from time to time (as notified by email), so your application may not be accepted even if you satisfy the above criteria and your eligibility for the continued hire of a Vehicle may also be impacted.
- You must notify us immediately if any of the information you or any Named Driver have submitted is incorrect, misleading or changes during the Hire Period. In particular, you must notify us if your address changes, if you or a Named Driver loses his or her driver’s licence, or if further endorsements are recorded on your or the driving record / licence of any Named Driver, or if you or a Named Driver is convicted of, or receives a citation for, an offence relating to driving.
- You must notify us in writing of any change to the main driver in relation to Vehicle Hire Services provided under this Agreement no less than seven (7) days prior to the change taking effect. Any such change is subject to agreement by us at our sole discretion.
- We reserve the right to re-check your eligibility requirements for Vehicle Hire Services at any time during the Hire Period where we are notified that you have received a speeding fine or penalty points due to your driving behaviour or where you have missed any direct debit payment as per clause 4.2 below. Notwithstanding the foregoing, we reserve the right to re-check your eligibility requirements for Vehicle Hire Service, in any six (6) month period during the Hire Period, in order to ensure that your circumstances are and remain up to date.
- By providing us with the required information to assess your eligibility for the Vehicle Hire Service, you automatically give us permission during the Hire Period to periodically, and as we deem necessary, carry out checks as required to assess your continued and ongoing eligibility for the Vehicle, against our criteria.
- If we determine that you are no longer eligible to receive the Vehicle as a result of any corrected or updated information, or any change in our eligibility criteria, we may terminate this Agreement immediately. If we determine that a Named Driver is no longer eligible to use the Vehicle as a result of any corrected or updated information, or any change in our eligibility criteria, you shall immediately ensure that such Named Driver does not use the Vehicle.
- We reserve the right to refuse anyone access to this Vehicle Hire Service who does not meet our eligibility, suitability or affordability criteria.
- You agree to cooperate with us and provide all the information we request to carry out checks against our eligibility, suitability and/or affordability criteria. If you do not do this, we have the right to end this Agreement by giving you seven (7) days’ notice as explained in clause 2.6.
- You hereby understand that in order to be eligible for Vehicle Hire Services under this Agreement, you must comply with all driving rules and regulations in force within the United Kingdom (as updated from time to time). If you are obtaining Vehicle Hire Services from us on an international driving licence, you acknowledge and understand that you may only drive in the United Kingdom for a period of 12 months and thereafter you must obtain a driver’s licence in the United Kingdom in order to be eligible to drive in the United Kingdom.
- Fees and Charges
- The initial Vehicle Hire Fee will be payable no later than two (2) Business Days before the Scheduled Vehicle Delivery Date.
- All recurring Vehicle Hire Fees are payable via direct debit, monthly in advance. Your Vehicle Hire Service invoice will be issued to the main account holder on either: (a) the 1st day of each month (if the date of first payment falls between 16th and 31st of a particular month) or (b) the 18th day of each month (if the date of first payment is between 1st and 15th of a particular month) and you are obliged to pay the Vehicle Hire Fees for the Vehicle by the same date each month as the date on which the first payment is made (i.e. if the date of your first payment is on 5th of the month, your direct debit will be taken on the 5th of each month). If your first payment is made on the 31st of the month and in a particular month there is no such date, then the Vehicle Hire Fees will be due on the last actual day of that month (i.e. if your first payment is on 31st of the month, your direct debit in April will be taken on 30th of that month). If a payment due date falls at a weekend or on a bank holiday, the payment will be collected on the last Business Day before the payment due date.
- Your Vehicle is subject to a Mileage Allowance set out in the “Key Information” section of this Agreement. We reserve the right to monitor your mileage use within Hire Period to ensure fair use of the Mileage Allowance. You agree to pay the applicable Excess Mileage Fee as outlined in the “Key Information” section of this Agreement at the end of the Hire Period for the Vehicle, if you exceed the Mileage Allowance but are within the Maximum Mileage Allowance Limit. If you exceed the Maximum Mileage Allowance limit (whether in the Vehicle or any replacement Vehicle issued by us) in any twelve (12) month period during the Hire Period then we reserve the right to terminate this Agreement for material breach as per clause 2.5 above.
- You acknowledge that in signing this agreement, that during the currency of this agreement, for the purposes of section 66 of the Road Traffic Offenders Act 1988, schedule 6 Road Traffic Act 1991, the Protection of Freedoms Act 2012 and Schedule 1 to the Road Traffic (Owner Liability) (Scotland) Regulations 1975 (all as amended or placed by any subsequent legislation or orders), you shall be liable as keeper of the vehicle specified in respect of any fixed penalty notice, penalty charge notice, notice to the owner, excess charge notice or parking charge notice referred in any such legislation or orders in accordance with the conditions attached. You acknowledge that your liability shall extend to any other vehicle hired under the same agreement and to any period by which the original period of hire may be extended.
- If we receive notice from any third party of a fine or charge in connection with your use or possession of the Vehicle, you agree for us to pass on your details to the relevant third party in order for them to carry out any investigations (as requested). We will use reasonable endeavours to forward such notice to you within twenty (20) days of our receipt of such notice. You agree to pay all applicable administration fees as set out in the “Key Information” section of this Agreement.
- You will also be responsible for other fees and charges incurred in connection with your use or possession of the Vehicle, including:
- the applicable fees and charges set out in the “Key Information” section;
- any third party fines (including traffic, speeding, parking, clamping release, towage or otherwise), recovery charges, or congestion or toll road charges involving the Vehicle;
- any charges in relation to the repossession or recovery of the Vehicle, including, without limitation, third party agent costs, transportation required for the repossession or recovery of the Vehicle, legal proceedings in relation to the repossession or recovery of the Vehicle and any other costs, charges and expenses in relation to or in connection with your breach of this Agreement; and
- any loss or damage to the Vehicle and any related items (including without limitation missing items or damage or loss of Vehicle standard features), subject to reasonable wear and tear as set out in our Fair Wear & Tear Policy.
- Please also refer to clause 10 which explains your liability for any loss, damage or theft involving the Vehicle.
- If you do not pay us the amounts due to us on time, we are entitled to charge you interest for late payment from the date each payment was due until paid at a rate of eight percent (8%) per annum above the base rate of the Bank of England.
- You hereby authorise us to collect any amounts for which you are liable under this Agreement by charging the credit card, debit card, or bank account used for your Subscription, or other payment method that is acceptable to us. You must notify us immediately if your credit card, debit card, or bank details change during the Hire Period.
- You acknowledge that all outstanding amounts that we cannot recover from you through these normal channels of payment, will be passed to our debt recovery partner for collection which may include through the courts.
- If you wish to apply for any government grant related to the use of the Vehicle, you must inform us prior to completion of the application and seek our prior written approval to apply. In the event that we provide our prior written approval for your application of the grant, we will provide you with a letter addressed to the relevant authority confirming details of your Subscription in support of your application (if required). If you apply for a grant and fail to notify us in accordance with the requirements of this clause 4.11, we may charge you for any loss incurred by us as a result of your application.
- Delivery and Handover of Vehicle
- We will deliver your Vehicle only to the address specified in this Agreement. Subject to the Vehicle passing all final safety and quality checks, we will use reasonable endeavours to deliver the Vehicle on the Scheduled Vehicle Delivery Date. If we are unable to deliver the Vehicle on the agreed Scheduled Vehicle Delivery Date, we will arrange an alternative date with you.
- We will use reasonable endeavours to deliver the Vehicle to you with at least one quarter (¼) tank of fuel or if an EV (electric vehicle) thirty percent (30%) charge.
- Your Vehicle will be supplied with one key. Where available, the spare key will be retained and stored at our preparation and logistics centre and will only be used in the event of the originally supplied key being lost or stolen, or in the event that we need to recover the Vehicle.
- The type of Vehicle we deliver to you will be determined by your eligible Subscription tier.
- The Vehicle provided to you will be new or, depending on new car availability, in good used condition and under the manufacturer’s warranty or if you are already in (or taking) possession of the Vehicle, which was previously hired from us by a party connected with you, and which you now wish to hire from us, the Vehicle condition will be “as is”, as documented by a visual inspection checklist provided by us and photographs (which will form part of the Vehicle Condition Report), with the benefit of any residual manufacturer’s warranty. You will not own the Vehicle and title to the Vehicle remains with us at all times.
- It is your responsibility on delivery of the Vehicle to you, that you inspect the Vehicle and notify us of any defects with the Vehicle not already recorded in the Vehicle Condition Report. If you do not notify us of any additional defects within twenty-four (24) hours of the delivery of the Vehicle (or if the Vehicle is being delivered “as is” as set out above), the Vehicle Condition Report we provide to you will be the final record of all defects with the Vehicle at the time of delivery to you and any subsequent alterations or additions will not be accepted.
- At handover, you must provide proof of your identity (either driving licence or passport) to our representative or we will be unable to deliver the Vehicle to you. In the case of a Vehicle being delivered “as is” as set out above, you must provide your proof of identity by email at the date of this Agreement, if required by us.
- Your Use of the Vehicle
- You must use the Vehicle at all times in accordance with the instructions in the Vehicle manual and in compliance with applicable law and the terms of this Agreement, including but not limited to, the obligations relating to collection and return of the Vehicle, and any conditions for use of the Vehicle set out in this Agreement.
- You acknowledge that you have primary responsibility for your own safety and that of your passengers during your use of the Vehicle. Only Named Drivers are covered by our insurance to use the Vehicle. You may not allow Additional Drivers to drive the Vehicle. You agree that you will remain responsible for any use of the Vehicle by a Named Driver as though you were using the Vehicle.
- You must check the condition of the tyres of your Vehicle periodically, inflate the tyres if low, and report low tread levels to us immediately. If you cause damage to a tyre then you will be liable for the cost of replacement of the damaged tyre(s). If a tyre is to be replaced due to wear and tear (e.g. has low tread levels) then we will replace the affected tyre unless you have exceeded the pro-rated Mileage Allowance. Where you have exceeded the pro-rated Mileage Allowance, you will be responsible for the cost of replacement of the affected tyre(s) (as more particularly set out above). All replacement tyres must be like for like.
- You must take all reasonable precautions to ensure the security of the Vehicle, including but not limited to, locking the Vehicle at all times when it is not in use and using any security device or system which is fitted or supplied with the Vehicle.
- You agree to assist us in applying any additional security measures to the Vehicle as required or notified by us to you.
- You must not:
- sell, resell, rent, lease, licence, hire, loan, assign (whether directly or indirectly, by operation of law or otherwise) or otherwise transfer, or encumber rights to the Vehicle, or any of its parts;
- modify or work on, or attach or affix anything to the Vehicle without our prior written consent;
- use the Vehicle to provide a courier, taxi or delivery service;
- allow any person to drive the Vehicle, except for Named Drivers;
- use the Vehicle to transport any hazardous, toxic, flammable, corrosive, radioactive, harmful, dangerous or illegal materials;
- use the Vehicle for any illegal purpose;
- use the Vehicle off-road, or for racing, pace making, testing the Vehicle’s reliability and speed, or teaching someone to drive;
- smoke in the Vehicle;
- use the Vehicle under the influence of alcohol or drugs;
- operate the Vehicle otherwise than in accordance with the Vehicle manual; or
- use the Vehicle outside of the United Kingdom without our prior written approval.
- You hereby agree to indemnify us in relation to any loss and/or damage resulting from a breach of clause 6.6 above.
- If you wish to drive the Vehicle outside of the United Kingdom, you must notify us at least fourteen (14) days prior to your travel date to seek our written approval before doing so. Unless you have received our written approval, the Vehicle must remain in the United Kingdom. If and once approved, we will issue you with all relevant documentation required to prove your eligibility to drive the Vehicle for a maximum limit of thirty (30) consecutive days for travel in the EU. You will also be required to return to the United Kingdom no later than fourteen (14) days before any scheduled Vehicle return or exchange date notified to you.
- We may wish to inspect the Vehicle from time to time. We will give you at least seven (7) days’ notice of any inspection. You will provide such cooperation as reasonably required to enable us to conduct an inspection of the Vehicle.
- You must create a “Land Rover or Jaguar InControl” account (incontrol.landrover.com or incontrol.jaguar.com ), link the Vehicle to your account and activate the relevant features and settings within two (2) Business Days prior to the delivery of the Vehicle to you but no later twenty-four (24) hours after the delivery of the Vehicle and as directed by us from time to time. This feature is included for the purpose of enabling us to prevent and detect crime, protect the Vehicle and use GPS to track the Vehicle. By entering into this Agreement, you consent to Jaguar Land Rover Limited sharing your personal data and that of any Named Driver using the Vehicle that is collected via InControl with us, including for the purpose of the investigation, prevention and detection of crime and the protection of the Vehicle, as well as using such data to deliver enhanced services to you.
- Failure to create the “Land Rover or Jaguar InControl” account as referred to above (as per clause 6.10 above), may result in the Vehicle not being delivered to you on time.
- In addition to clause 4.6 above, you agree that during the Hire Period you will be liable (as hirer of the Vehicle or any replacement vehicle provided by us from time to time), for any fixed penalty offence or parking charge relating to the Vehicle during the Hire Period under s66 Road Traffic Offenders Act 1988 and Schedule 6 Road Traffic Act 1991 or any other road traffic offences.
- Updating a Vehicle
- You may request to update the Vehicle from time to time following the Minimum Hire Period but prior to the end of your Hire Period subject to advancing the upgrade fee of £500. Any request to update your Vehicle will be subject to our approval and fleet availability. If a request is accepted by us, we will enter into a new hire agreement with you in respect of the updated vehicle and your original Vehicle will be returned in accordance with the process set out in clause 8.
- We may at our sole discretion update the Vehicle for another vehicle within your Subscription tier (provided such vehicle materially complies with the requirements of your Subscription) by providing you with at least seven (7) days’ notice. If we exercise our discretion under this clause 7.2, you agree to enter into a new hire agreement with us in respect of the updated vehicle and you will cooperate with our reasonable requirements relating to such substitution of the Vehicle.
- Returning a Vehicle
- On return of a Vehicle, you must ensure that the Vehicle is roadworthy. If the Vehicle is not deemed to be roadworthy on collection, you will be responsible for any third party agent costs, transportation and/or recovery costs associated with collecting the Vehicle (“Vehicle Movement Charge”).
- You must return each Vehicle and any related items (including keys and all ancillary items) to us in the same condition in which they were delivered to you, subject to the Fair Wear & Tear Policy and without any of your possessions. We will inspect the Vehicle and such items upon their return and notify you within twenty eight (28) days following the inspection of any defects or loss for which you are responsible in accordance with our Fair Wear & Tear Policy. If you are not present during the inspection, our assessment of such defects and loss will be final.
- You agree to return the Vehicle in a clean state and with at least one quarter (¼) tank of fuel or if an EV (electric vehicle) thirty percent (30%) charge. This is a requirement to enable our collection agent to complete an inspection in your presence and return the Vehicle to our depot. Failure to ensure that the Vehicle is in a condition to enable the collection inspection to be completed, may result in the inspection being logged as an instant failure and as a result the Vehicle will be returned to our depot, put into a condition to enable inspection (which will be final) and you will be liable for all damage identified pursuant to such inspection, in addition to any cleaning costs.
- When the Vehicle is returned to us (whether as a result of a substitution, termination or at the end of the Hire Period), you must make the Vehicle available to us for inspection and collection at the location and time during business hours agreed between you and us. If you miss the scheduled return date, you may be liable for the cost of rescheduling, inspection and collection as per clause 8.5 below.
- If the Vehicle is not returned to us within seven (7) days following the end of the Hire Period, we may repossess the Vehicle, including in accordance with clause 2.8(b), and you must indemnify us in relation to any loss and damage resulting from the repossession of the Vehicle (and replacement key cost) without prejudice to our other rights and remedies under this Agreement and advance a sum equating to fifteen percent (15%) of the total cost of the aforementioned indemnity as an administration fee. This remedy is in addition to any other rights and remedies we may have.
- Vehicle Servicing
- We will use reasonable endeavours to ensure that when your Vehicle arrives it will not need servicing within the Minimum Hire Period. If however any routine servicing or maintenance of the Vehicle is required during the Hire Period, you will provide us with reasonable notice (and in any event no less than seven (7) Business Days’ notice) of your Vehicle’s scheduled service and maintenance appointments/requirements and we will provide you with support in making such arrangements. Unless expressly authorised by us in writing, you must not arrange for the Vehicle to be serviced or repaired by any party other than us and our nominated service providers.
- If the Vehicle develops a defect or service issue during the Hire Period, in the first instance you must contact your local Jaguar or Land Rover dealer to carry out the required repair. If a red warning light appears, or the Vehicle defect means that you are in imminent danger, or the Vehicle fails to proceed, in this instance you must not drive the Vehicle and contact Jaguar or Land Rover assistance immediately. In the case of a red warning light, an alternative vehicle will be provided by the Jaguar and Land Rover assistance team, however you are obliged to promptly notify us and provide us with details of the defect or service issue.
- If the Vehicle cannot be repaired or recovered, or you are left without a vehicle, we will support you to either have the defect or service issue corrected or endeavour to make a temporary vehicle available to you within three (3) Business Days of you notifying us in this regard.
- During this period and until you are either back in your Vehicle, or a suitable Pivotal alternative vehicle is sourced, you remain liable for all ongoing Vehicle Hire Fees.
- Loss, Damage and Accidents
- Either we or our insurance provider will provide you with a temporary vehicle if you are unable to use your Vehicle as a result of any accident or damage to the Vehicle that our insurers deem was not your fault. We will use reasonable endeavours to make a temporary vehicle available to you within three (3) days of you notifying us of your requirements in this regard. We will select the temporary vehicle at our sole discretion. Whilst we will try and provide you with a temporary vehicle that is similar to your usual Vehicle, we cannot give any assurances as to the type or availability of temporary vehicles.
- If the accident, damage or loss was deemed to be your fault, we reserve the right to not provide you with a temporary replacement vehicle.
- As between us and you, you will be solely responsible for any and all:
- theft, loss and damage to a Vehicle or any items in the Vehicle whilst in your possession or control and as a result of negligence, including but not limited to, failing to properly secure the Vehicle, loss of keys, incorrect fuel input, tyre punctures, body scratches and dents; and
- damage to property or personal injury or death relating to you, or any third party caused by, or arising from the use of, the Vehicle and not covered under our/your insurance policy,
in each case, irrespective of the cause of the theft, loss or damage, provided that at all times we will remain liable for any theft, loss or damage caused by our negligence or failure to perform our obligations under this Agreement.
- As detailed in clause 5.3, on delivery of your Vehicle, you will only be provided with one key to the Vehicle with the spare key being securely held by us. In the event of the master key being lost, we will organise the collection of your Vehicle. Your Vehicle will be returned, where a new key module will be fitted, and two (2) new keys programmed. On completion of this process, your Vehicle will be returned to you, again only with the master key and the spare being securely held by us. You will be liable for both the costs of the parts and labour for such works, and the cost of all vehicle movement should this occur in accordance with our “Key Information”.
- You and the Named Driver (as applicable) agree to notify us as soon as you become aware (but no later than twenty-four hours) of any defect in or theft, loss of or damage to the Vehicle, any damage to property, or personal injury involving the Vehicle and to comply with our instructions (and/or the instructions of the insurers of the Vehicle) in relation to such occurrences. In all cases of insurance claim, breakdown, windscreen damage or tyre failure, you are obliged to refer to our information pages for who to contact in the first instance.
- In the event of an accident involving the Vehicle, you must not admit (and must ensure that no Named Driver admits) responsibility or attempt to negotiate with third parties. You and the Named Driver (as applicable) must report the incident to us as soon as is practically possible and, in any event, no later than twenty-four hours after the incident.
- You agree to indemnify and hold harmless Pivotal and its affiliates from and against any and all loss, cost, damage, expense, claim or proceedings suffered or incurred by them as a result of or in connection with any third party claim made against Pivotal or its affiliates as a result of or in connection with any damage to property or personal injury to any person caused by, or relating to the use of, the Vehicle whilst in your possession or control, irrespective of the cause of the loss or damage, or who caused the loss or damage.
- In accordance with clause 9.1, unless expressly authorised by us in writing, you must not arrange for the Vehicle to be repaired by any party other than us and our nominated service providers. If a repair is carried out by an unauthorised party, we reserve the right to charge you for the cost of having the repair reperformed by our nominated service provider.
- If eligible, we will provide you with fully comprehensive insurance, for use of the Vehicle for up to two (2) Named Drivers in accordance with the terms of this Agreement, subject to the excesses stated in the “Key Information”, and various exclusions and limits (including but not limited to complying with clause 6.10 above). If you are not eligible for our fully comprehensive insurance cover, you must obtain your own fully comprehensive insurance cover which shall permit you and (if applicable) your Named Drivers to use the Vehicle. In obtaining your own fully comprehensive insurance cover, you must ensure that: (a) the insurance in place covers the value of the Vehicle (as notified by us); (b) you notify your insurer that we are the registered owner of the Vehicle; (c) you give your insurer permission to speak to us directly in the event of a loss; and (d) obtain and provide certificate of repairs when any repair works are undertaken to the Vehicle. Further, you must provide updated proof of insurance for each Vehicle at the time of obtaining or updating your own fully comprehensive insurance cover. Where you do not have adequate insurance cover, we will cancel your Subscription.
- You (and Named Driver(s) if relevant) must provide all reasonable cooperation and assistance to us and our insurer as to the conduct of any claim.
- You are responsible for ensuring that your Vehicle is secured at all times when not in use, which includes checking that wing mirrors are folded and lights flash following locking and before leaving the Vehicle. Failure to comply with our security requirements may result in you being liable for the value of the Vehicle in the event of its theft.
- In the event of your Vehicle either being written off or being stolen, we reserve the right to refuse you insurance cover for future hire of vehicles and as a result may ask you to provide your own fully comprehensive insurance for the Vehicles provided to you under this Agreement.
- Nothing in this Agreement excludes our liability to you for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for anything else that cannot be limited or excluded by law.
- In all other circumstances:
- our maximum aggregate liability to you in respect of this Agreement is the greater of (i) the amounts you have paid to us in the 12 months prior to the date of your claim; and (ii) the amount we can recover from our insurer in respect of our liability; and
- we shall not be liable to you for:
- indirect or consequential loss or damage, or for any direct or indirect loss of profits, business, income or loss of opportunity;
- any loss or damage arising from any failure or delay in performing any or all of our obligations under this Agreement, where such failure is caused, directly or indirectly, by events beyond our reasonable control;
- any liability arising from use of the Vehicle Hire Service for any non-permitted use; or
- any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the subscription/sales process.
- Other than as expressly set out in this Agreement, Pivotal does not make any representations or warranties in respect of the Vehicle Hire Service, the Website, any Vehicle or the specific functions, reliability, availability of any of them.
- Your Privacy
- Notice: Any notice or other communication given to you in connection with this Agreement may be sent by email at such email address set out in the “Key Information” section of this Agreement. You may send notice to us in connection with this Agreement by email at [email protected].
- Entire Agreement: This Agreement (and the documents referred to in it) contains all of the terms of the Agreement between the parties relating to the matters covered in this Agreement and supersedes any previous Agreement or understanding relating to such matters. Nothing in this Agreement shall operate to limit or exclude any liability for fraudulent misrepresentation.
- Assignment, Transfer and Sub-Contracting: You may not transfer or assign any or all of your rights and obligations under this Agreement. We may assign or transfer any or all of our rights and obligations under this Agreement, and may subcontract any of our obligations, in our sole discretion.
- Third Parties: Nothing in this Agreement confers any right on any person (other than the parties) pursuant to the Contracts (Rights of Third Parties) Act 1999.
- Severance: If any provision of this Agreement is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of this Agreement will remain in full force and effect and will not in any way be impaired.
- Waiver: A waiver of any right, power, privilege or remedy provided by this Agreement must be in writing and may be given subject to any conditions thought fit by the grantor.
- Governing Law and Jurisdiction: This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) unless you live in Scotland, in which case you may bring legal proceedings in respect of this Agreement in either the Scottish or the English courts.
- In this Agreement, unless the context otherwise requires, the following terms will have the corresponding meanings given below:
any individuals who are not Named Drivers and are not covered by our insurance;
this Hire Agreement together with these terms and conditions between you and us regulated by the Consumer Credit Act 1974, for the hire of a Vehicle within your Subscription tier;
a day other than a Saturday, Sunday or bank holiday in England, when banks in London are open for business;
has the meaning given to it in clause 2.2(a);
means the signature date of this Agreement;
Excess Mileage Fee
the fee payable by you at the end of the Hire Period if you exceed the Mileage Allowance, as set out in the “Key Information” section of this Agreement;
Fair Wear & Tear Policy
Our Fair Wear & Tear Policy which incorporates the British Vehicle Rental and Leasing Association Fair Wear & Tear Standard and is available at https://issuu.com/bfwsn67/docs/pivotal_-_cars_subscription?fr=sOWRlMzI4NTE1;
the period for which you hire the Vehicle.
Hirer (“you” or “your”)
has the meaning given to it by clause 1.1 of the Agreement;
Maximum Mileage Allowance
the maximum mileage allowance per year during the Hire Period is 25,000 miles (or a pro-rated portion thereof);
your separate membership to our services;
the maximum number of miles you may drive the Vehicle per year during the Hire Period before incurring an Excess Mileage Fee, which shall be 18,000 miles per year (or pro-rated portion thereof);
Minimum Contract Amount
three (3) monthly Vehicle Hire Fees of your chosen Subscription tier, as set out in the “Key Financial Information” section of this Agreement;
Minimum Hire Period
three (3) calendar months from the Scheduled Vehicle Delivery Date;
the individuals who are permitted to drive the Vehicle under our insurance;
Owner (“we”, “us”, “our”)
has the meaning given to it by clause 1.1 of the Agreement;
your subscription to the Vehicle Hire Services, as set out in this Agreement;
value added tax or any equivalent tax chargeable in the UK;
the vehicle within your Subscription tier that is hired by you as set out in the “Key Financial Information” section of this Agreement and subject to these terms and conditions;
Vehicle Condition Report
a report which identifies any known defects in the Vehicle;
Scheduled Vehicle Delivery Date
the date on or whereabout we deliver the Vehicle to you as set out in the Agreement (the date is specified in the box directly below the signature box above entitled ‘Signing this Hire Agreement’);
Vehicle Hire Fee
the monthly fee for the hire of the Vehicle, as set out in the “Key Financial Information” Section of the Agreement;
Vehicle Hire Services
the vehicle hire services to be provided by Pivotal to you under this Agreement pursuant to a Subscription as defined in clause 1.1; and