This is a legally binding agreement between GreenMo UK
Limited, 105 Sumner Street, London SE1 9HZ (company number 11248355) (referred
to as “us”, “we” and “our”) and the person renting an electric delivery scooter
from us (referred to as “you” and “your”).
Statement of liability
Before taking the Vehicle, you must confirm the following:
1. You are aged 18 or over and have been riding
motorcycles or mopeds for a minimum of 1 year.
2. You hold either (i) a valid full motorcycle
licence or (ii) a provisional licence and CBT which is less than 2 years old.
3. You have no more than 3 points on your licence
and have not made an insurance claim in the last 3 years for an accident where
you were at fault.
4. You will return the Vehicle to 105 Sumner Street, London SE1 9HZ.
5. You will comply with all speed limits and
other laws and regulations while using the Vehicle, and will report any
potential violations to us.
6. You have never been convicted of a criminal
offence.
By entering into this agreement you confirm and agree that:
1. The above statements are accurate and you will
comply with the terms of this agreement.
2. You understand that your liability in respect
of damage to the Vehicle or theft of the Vehicle is limited to the amount of
the Deposit, except if:
(a) you deliberately cause damage to
the Vehicle, including without limitation through not following
the instructions regarding charging the battery;
(b) you were responsible, through
your negligence or recklessness, for damage to or theft of the
Vehicle;
(c) you provided false information
to us; or
(d) you failed to comply with this
agreement,
and in such case you understand that you are
liable for the entire replacement value of the Vehicle, any third party
liability, and costs.
3. You accept responsibility for, and liability
in respect of, all fines and offences in respect of the Vehicle while you have
the Vehicle. You will immediately inform us of any fines and / or motoring
offences to which you or the Vehicle are subject.
1. Your agreement with us:
In this agreement the “Vehicle” is the vehicle that you rent
from us and the “Rental Period” is the length of time that you agree to rent
the Vehicle. This agreement applies to renewals of this agreement in the same
way as to the original Rental Period.
When you rent a Vehicle from us you accept the terms and
conditions set out in this rental agreement (agreement). Please read this
agreement carefully. If there is anything you do not understand, please ask any
member of staff.
We and you are the only parties to this agreement and you
are responsible for complying with all the terms of this agreement even though
another person (such as a delivery company) may have arranged the rental,
negotiated certain terms or may pay for all or some of the rental bill.
We assure you that the Vehicle is roadworthy and suitable
for renting at the start of the rental period. We do not warrant or represent
that the Vehicle is suitable for any particular purpose or that the range of
the Vehicle between charges will be as advertised. You accept when entering
into this agreement that the range of an electric vehicle depends on many
variables, including without limitation weather, tyre pressure, loading and
riding style.
This agreement is the entire agreement between you and us
concerning the rental of the Vehicle and cannot be altered unless agreed to in
writing and signed on behalf of you and us.
2. Rental Period
We agree that you may have the Vehicle for the number of weeks
agreed when you pick it up. Thereafter, this agreement shall automatically renew
each week, for so many weeks as you wish to retain the Vehicle. You can return
the vehicle to us at any time during office hours, given reasonable notice.
3. Your responsibilities
You must look after the Vehicle and the keys.
You are responsible for ensuring that appropriate tyre
pressures are maintained, that tyres have the appropriate legal depth of tread
and that brake pads are not worn such that normal braking operation is prevented.
You must always lock the vehicle, secure all of its parts
and ensure the steering lock is on when not in use.
You must use a chain lock to secure the Vehicle to an
immovable object when not in use.
You must not let anyone work on the Vehicle or make any
alteration to the Vehicle.
You must inspect the Vehicle prior to taking possession of
it and carry out pre-ride checks.
You must stop using the Vehicle and contact us as soon as
you become aware of a fault with the Vehicle.
You must ensure that the Vehicle’s battery is charged after
each use, and in accordance with the Vehicle manual. You acknowledge that you
will be liable for damage caused as a result of not following the instructions
regarding the battery.
You must notify us immediately and in full, of any change in
your circumstances since you picked the Vehicle up. This includes any motoring
endorsements / offences / convictions or criminal convictions and banking
details.
4. Return of the Vehicle
You must return the Vehicle on the date agreed, to 105
Sumner Street, London SE1 2ES, unless otherwise agreed. One of our staff must
see the Vehicle to check that it is in good condition. If we have agreed that
you may return the Vehicle outside business hours or if you choose to leave the
Vehicle with a third party you will remain responsible for the Vehicle its
security and its condition until it is re-inspected by a member of our staff.
You must check that you have not left any personal
belongings in the Vehicle before you bring back the Vehicle. We are not
responsible for any loss or damage of your property if left with the Vehicle.
5. Maintenance and servicing
The Rental Payments include necessary repairs and
maintenance in the event of normal wear and tear caused by your use of the
Vehicle in accordance with paragraph 8. We may periodically check the Vehicle,
and will check the Vehicle if you ask us to do so. You should not carry out
repairs or servicing yourself.
We may exchange the Vehicle at any time for another
identical vehicle, following which the replacement vehicle shall be the Vehicle
for the purposes of this agreement. The box will be transferred to the
replacement Vehicle.
If you report damage to or mechanical failure of the Vehicle
during office hours Monday to Friday, subject to the Vehicle being within the
M25 motorway, we will use our reasonable endeavours to ensure that the Vehicle
is serviced and if necessary exchanged by the end of the next business day. We
will recover the Vehicle if it suffers mechanical failure other than because of
accident or damage (however caused). Service, exchange and recovery are free
of charge if they relate to mechanical failure which is not caused by you. You
will be charged our reasonable recovery and repair fees if we are required to
recover the Vehicle from outside the M25 motorway and/or because it has been
damaged or involved in an accident. Our repair fees are available upon
request.
6. Fines and offences
You acknowledge that you will be liable as the owner, driver
or operator of the Vehicle for any offence, penalty, charge or fine which is
committed, issued or incurred in respect of any parking, bus lane, congestion
charge or traffic offence or contravention in any jurisdiction where the
Vehicle is driven until it is returned, unless caused through our own fault.
You must tell us immediately if you are charged with any
motoring offence or are subject to any fine. Not doing so may invalidate the
insurance in respect of the Vehicle.
7. Use of the Vehicle
The vehicle must not be used:
(a) by anyone other than you, being the person
named on page 1;
(b) by anyone without a full valid driving licence
for the class or use of vehicle rented;
(c) for hire or reward;
(d) for any illegal purpose;
(e) for racing, pacemaking, testing the vehicle’s
reliability and speed or teaching someone to ride;
(f) while under the influence of alcohol or drugs;
(g) outside of the United Kingdom;
(h) to propel or tow any other vehicle or trailer;
(i) other than on a paved public highway, private
road or driveway;
(j) to transport dangerous or noxious substances;
(k) in a reckless or negligent manner; or
(l) in or on that part of any aerodrome, airfield,
airport or military installation.
8. Charges
You agree to provide a payment card that will be used to
automatically and without seeking prior permission from the card holder for
processing payments.
You may also set up a direct debit instruction with your
bank to pay Rental Payments.
Payments may be taken by us, any of our connected companies
or a payment services provider.
You agree to pay us the following charges:
(a) the time charges for the Rental Period and any
extension of the Rental Period at the daily rate agreed between us (less any
booking fee, if applicable); and
(b) charges for any optional services or products
which you chose to accept.
You shall pay to us on demand:
(a) all fines and court costs for parking, bus
lane, congestion charge, traffic or other offences assessed against the
Vehicle, us, you, any additional driver or any other driver you permitted to
use the Vehicle until the vehicle is returned unless caused by our own fault;
(b) a reasonable administration fee for processing
any fines or offences against the Vehicle, you or us during the rental period,
unless caused through our own fault;
(c) a reasonable administration fee for processing
a failed payment, unless caused through our own fault:
(d) our costs including reasonable legal fees
incurred collecting payments due from you under this agreement;
(e) a reasonable collection fee if the Vehicle is
not returned to 105 Sumner Street, London SE1 9HZ;
(f) a cleaning fee if you fail to return the
Vehicle in a reasonable condition and such charge shall be the additional cost
to us reasonably incurred as a result of such failure;
(g) any recovery fees reasonably incurred by us
where the damage to, or Vehicle fault, is the result of human error by you, any
additional driver or any other person you permitted to use the Vehicle;
(h) interest on any amounts outstanding under this
agreement for one month or longer, at a rate of 8%; and
(i) a reasonable administration fee and charge
for the replacement of Vehicle keys.
Subject to paragraph 9, in the case of damage to, loss or
theft of, the Vehicle or any part or accessory howsoever caused to the Vehicle
unless caused through our own fault, you shall pay us on demand:
(a) fair market value of the repair or replacement
of the Vehicle, part or accessory (as applicable) or a repair value calculated
by reference to our standard list for minor repairs;
(b) a non-waivable damage charge, at the prevailing
rate, or for the full price of the Vehicle and outstanding balance regardless
of fault;
(c) reasonable administration fees;
(d) loss of revenue at the weekly rate shown on
page 1 based on our loss of income of the Vehicle, not to exceed 30 days,
provided that this does not result in us being compensated twice for the same
loss;
(e) a reasonable sum for diminishment of value as
determined by an independent motor engineer; and
(f) any towing, storage and impound fees
reasonably incurred by us as a result of the damage to, loss or theft of the
Vehicle.
We shall have the sole right and responsibility to repair
the Vehicle and shall, unless you have already settled our agreed repair costs,
attempt to repair the Vehicle and process any insurance claim in a timely
manner.
You will pay value added tax and all other taxes (if any)
payable on any of the charges listed in this paragraph 8.
You are responsible for all charges, even if you have asked
someone else to be responsible for them or we have billed any third party. You
agree that we will compute and debit final charges from your credit and/or
debit card, if that is the form of deposit or security being used, or by direct
debit. All charges are subject to final audit. We will use reasonable
endeavours to notify you before debiting from your credit and/or debit card or
your bank charges which are finalised or come to light after the end of the
agreement.
9. Limitation of liability
Your liability in respect of damage to the Vehicle or theft
of the Vehicle is limited to the amount of the Deposit, except if
(a) you deliberately cause damage to the Vehicle;
(b) you were responsible, through your negligence
or recklessness, for damage to or theft of the Vehicle;
(c) you provided false information to us; or
(d) you failed to comply with this agreement.
Our liability under this agreement is limited to the amount
of fees and charges paid by you, unless the liability relates to our negligence
causing death or injury, or is liability which we are otherwise not permitted
to exclude by law.
10. Responsibility to third parties
You agree to fully cooperate and assist us and our insurers
in the investigation of any third party claim and agree that we or they will
have the sole right to settle any claim as we or they may decide is necessary.
You agree that any failure to report a claim as soon as reasonably possible,
failure to cooperate or assist, any fraud or breach of the terms and conditions
of our policy, or any breach of paragraphs 4 or 8 will invalidate the cover
supplied under our motor fleet insurance policy.
If the insurance available to you, does not pay any third
party the damages they are entitled to as a result of you failing to comply
with the terms and conditions of that policy, you will have to repay on demand
all costs incurred by us or our insurers in settling and handling the claim. If
you provide false information in relation to any third party claim, or if we or
our insurers suspect fraud, we may notify fraud prevention agencies and
databases, and you may be prosecuted.
11. What to do if the Vehicle is in an accident or
stolen or lost
You must report the accident or theft or loss to us as soon
as possible and confirm this in writing as soon as reasonably possible.
You must not admit responsibility to anyone in relation to
the accident.
You should collect the names and addresses of everyone
involved, including witnesses, and give them to us.
You must promptly forward to us any notices or other
documents relating to any legal proceedings arising out of the accident or
theft or loss.
You agree to cooperate with us and our insurers including
requests for full and true information and to provide assistance in any matters
or legal proceedings including allowing proceedings to be brought by us in your
name and defending any proceedings brought against you.
You must return the original keys to us and report the theft
or loss to the police as soon as reasonably possible if the Vehicle is stolen
or lost.
12. Data protection
You agree that we, our subsidiaries, parent company and any
subsidiary of our parent company whether in the EU or outside the EU may:
(a) store your personal data that relates to any incident
arising from your dealings with us if we think that, as a result of such
incident, you could be a risk for future rentals. We may refer to such data
when you contact us to seek future rental services. For example, we will record
data about your failure to pay, theft of or damage to a vehicle, abusive
behaviour towards our staff, any relevant criminal offence committed or alleged
or if you have driven under the influence of drugs or alcohol. Such data is
stored separately from our general client database though the databases are
linked. If we record any such data against your name and you later seek to rent
another vehicle in the UK or elsewhere, a decision will be made by our
authorised employees as to whether the rental may proceed
(b) process any personal data given by you or
obtained for the purposes of keeping of accounts and records in connection with
this agreement and its performance and, unless you withdraw your agreement, our
marketing generally;
(c) verify personal, driving and credit
information provided by you and any additional authorised driver through credit
agencies, the driver and vehicle licensing agency (DVLA), the driver and
vehicle agency (DVA), fraud prevention agencies/databases and other sources;
(d) provide your personal data to third parties to
carry out customer satisfaction surveys on our behalf; and
(e) provide details of any accidents in which you
or any additional driver of the vehicle are involved to relevant insurance
databases.
You agree that if you break the agreement we can give such
of your personal data as may be relevant to the DVLA, the DVA, debt collectors
and any other relevant organisation. We can also give this information to the
British Vehicle Rental and Leasing Association (BVRLA), which can share your
personal information with its members to prevent crime and protect their
assets, as allowed under the data protection act 1998.
The Vehicle is equipped with a tracking device and/or a
telematics system. You acknowledge that such systems utilise mobile telephone,
satellite and/or radio signals to transmit data and communication and therefore
privacy cannot be guaranteed. You authorise us and our appointed providers to
use and access location information and automatic crash notification concerning
you for use in the operation of an automatic crash notification system and use
of the vehicle location system for legitimate reasons (such as to investigate a
lost or stolen vehicle or to co-operate with law enforcement authorities). You
accept that a tracking device may alert us if the Vehicle enters any designated
area (such as a port) so we are aware if the Vehicle may be transferred abroad,
or for other security reasons. We are not obliged to use or ensure the proper
operation of any tracking device or telematics system in the Vehicle.
13. Ending the agreement
You may return the Vehicle and terminate this agreement at
any time during the Rental Period in accordance with and subject to paragraphs
2 and 4.
We may end this agreement immediately upon written notice to
you in the event of material damage to or theft or loss of the Vehicle, or if
you commit any material breach of this agreement. This includes any failure by
you to comply with paragraphs 4, 5, 6, 7, 8, 10 or 11.
Upon termination of this agreement, if you fail promptly to
return the Vehicle to us, we may repossess it, and you shall be liable for the
reasonable costs involved in repossessing it.
Termination of this agreement shall not affect your or our
rights and remedies which exist at the termination date. Any parts of this
agreement which by implication continue after termination shall not be
affected.
14. The Deposit
The Deposit must be paid prior to a Vehicle commencing hire.
The Deposit is not to be used to substitute outstanding rental or any form of
associated rental charge/s.
Once a hire has completed and the Vehicle has been returned
to us, the Deposit shall be held on account for a maximum of 14 days.
Once this period has passed, we will calculate the amount of
the Deposit to be returned to you, after deduction of any amounts of
outstanding Rental Payments, any amounts relating to damage to, or loss or
theft of the Vehicle, and any other amounts which we are entitled to charge
under paragraph 8.
15. Applicable law
This agreement (including any non-contractual obligations)
is governed by the laws of England. You agree to the exclusive jurisdiction of
the English courts in relation to this agreement.
