Enterprise Car Club Terms and Conditions

Last updated: [25] May 2018.
 

Retail Customers
If you are a retail customer then the Retail Terms and Conditions apply to you. Please click here to view the relevant terms.

Business Customers
If you are a business customer then the Business Terms and Conditions apply to you. Please click here to view the relevant terms. 
 

RETAIL TERMS AND CONDITIONS

This section (together with the documents expressly referred to on it) provides you with information about us and the legal terms and conditions (Terms) upon which we supply the Car Club to you.

1.     DEFINITIONS                                                                                                                                   

1.     When the following words with capital letters are used in these Terms, this is what they will mean:

Car Club means the car club administered and operated by us.

Car Club Documentation means the electronic or hard copy materials, instructions or documentation, made available or provided to you by us (as may be amended from time to time by us in our sole discretion), detailing the Car Club, which are incorporated into these Terms by reference.      

Charges means any amount that is owed by and billed by us including applicable taxes and other fees, charges and penalties as set out in these Terms.

Clubhouse means Enterprise Car Club’s Customer Service Centre and helpdesk.

Continuous Payment Authority means your authority for us to compute and debit all monies due against your nominated credit card or debit card at any time.

Damage Waiver means Enterprise Car Club has agreed to cover Damage to a Vehicle, subject to any excess.

Damage means any change in a Vehicle’s condition.

Damage Evaluator means the tool used for evaluating Damage to a Vehicle, a copy of which can be provided upon request.

Driver refers to a person on the account who is authorised to drive Enterprise Car Club Vehicles.

Enterprise Car Club (We/Our/Us) means City Car Club Limited trading as Enterprise Car Club with company number 05443333 whose registered office address is at Enterprise House, Vicarage Road, Egham, Surrey, TW20 9FB, and any of its successors and assigns, responsible for administering and operating the Car Club.

Member refers to anyone who has joined Enterprise Car Club on a personal retail basis and is the person responsible for the account.

Rental Period means the period between the time that you take possession or should have taken possession of the Vehicle and the time that you return or should have returned the Vehicle to the location designated by us.

Vehicle means the vehicle reserved by you or any replacement vehicle(s) as may be provided by us in accordance with Car Club.

Young Driver refers to any Member or Driver under the age of 22.

2.     TERMINATION

1.     This Agreement may be terminated with immediate effect in the event that either party breaches any of the terms of this Agreement.

3.     ENTERPRISE CAR CLUB RESPONSIBILITIES

1.     We agree to be bound by the terms and conditions as listed in these Terms.

2.     We agree to notify you of any changes to the Terms through your account or by the email address we have for you on file as appropriate.

3.     We will ensure, as far as is reasonably possible and in accordance with the Terms, that the Vehicle is in a roadworthy condition.

4.     MEMBER & DRIVER RESPONSIBILITIES

1.     You agree to comply with these Terms. We reserve the right to end your membership and to take possession of a Vehicle at any time you fail to comply with these Terms.

2.     You must inform us if a Driver no longer requires membership. Failure to do this will leave you liable for any Charges incurred by the continuing membership of such Driver.

3.     Prior to each Rental Period, and before driving a Vehicle, You should ensure that you read the Car Club Documentation carefully and follow the instructions set out in the Car Club Documentation at all times, including but not limited to, in case of an accident, fault, damage, and/or breakdown.

4.     At the commencement of every Rental Period you must inspect the Vehicle and inform us of any Damage in accordance with the Damage Evaluator located in the glove compartment of the Vehicle.

5.     Upon gaining access to a Vehicle you are responsible for the condition of the Vehicle until it is returned to its designated parking space, the keys are secured in the Vehicle and the Vehicle is locked.

6.     You must return the Vehicle by the agreed date and time to the designated parking space. Any failure to return the Vehicle by the agreed date and time may result in additional charges being made. Please refer to the frequently asked questions here for instructions on what to do in the event the space is blocked by another Vehicle.

7.     You agree to return the Vehicle with all documents and accessories present at the time of collection and in the same condition as they were on collection.

8.     You agree to pay us upon demand the Charges incurred for your Rental Period, your membership fee, a mileage charge for all miles exceeding any free miles offered to you and all other Charges as referred to on the “Other Charges” page on our website.

9.     If you do not return the Vehicle in a clean and tidy condition you will be responsible for paying us a reasonable charge for a professional valet of the Vehicle.

10.  You are responsible for paying for any permits to park the Vehicle during the Rental Period as well as any tolls or charges levied as a result of using the Vehicle.

11.  To the extent that Damage Waiver does not apply in the case of Damage to, loss or theft of, the Vehicle or any part or accessory however caused to the Vehicle unless caused through the fault of us you shall pay us on demand:

    1.     fair market value of the repair or replacement of the Vehicle, part or accessory (as applicable);

    2.     a reasonable administration fee;

    3.     loss of average revenue while the Vehicle is unavailable to other members; and

    4.     any towing, storage and impound fees reasonably incurred by Enterprise Car Club as a result of the damage to, loss or theft of the Vehicle.

12.  We shall have the sole right and responsibility to repair the Vehicle. If with our permission you change any equipment such as wiper blades or bulbs then please keep the receipt and we may reimburse you.

13.  If during the Rental Period the Vehicle sustains any damage or if you are involved in an accident you must contact us as soon as possible.

14.  You must look after the Vehicle making sure it is locked and secure when not in use and that you have used any security device fitted to the Vehicle.

15.  If a warning light displays on the dashboard, you must stop driving as soon as it is safe to do so and contact us for further advice.

16.  You must remove all personal possessions from the Vehicle at the end of the Rental Period. We do not accept any responsibility for any possessions that are left in a Vehicle.

17.  You must keep the Vehicle sufficiently supplied (always above one quarter of a tank of each type of fuel) with the correct fuel, using the fuel card supplied in the Vehicle.

18.  You are responsible for the membership card issued to you (Membership Card) and the PIN you selected, and as a result you must ensure that it is not be used by any other person including other Members. You must notify us immediately if the Membership Card is lost or stolen.

19.  You must not allow the Vehicle:

    1.     to be driven in a reckless manner;

    2.     to be driven by any other Driver who has not been first authorised by us;

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

    4.     to be used in contravention of any traffic regulations;

    5.     to be used or operated for illegal or anti-social activity;

    6.     to be used to smoke in. The use of e-cigarettes in Vehicle is also prohibited;

    7.     to be used for driving lessons, driving test or any type of advanced driving courses;

    8.     to be used to carry passengers or cargo for remuneration;

    9.     to be used to propel or tow any vehicle, trailer or other objects;

    10.  to be used to take part in any race, rally, pace making, trials, speed testing or other contest;

    11.  to be used for motor trade use;

    12.  to drive or be driven outside of the mainland UK without our written permission;

    13.  to be used to convey pets or any other animals;

    14.  to be used off-road, on trails or dirt tracks;

    15.  to be used for the transportation of explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind or nature except as allowable under law; and

    16.  to be used to carry passengers in excess of the number of seat belts provided in the Vehicle.

    17.  You must not remove livery from a Vehicle.

    18.  You must continue to hold a full valid driving licence for the class or use of the Vehicle and you must notify us of any changes to your licence status including any penalty points or endorsements. Failure to comply with notifying us may invalidate your Damage Waiver and any other excess reduction products we may offer. You must allow us to check your licence details at any time, and as a minimum annually. If this check shows that your licence details have changed and you have not informed us of such change, or your updated licence details no longer meet Our membership requirements then your membership may be revoked.

    19.  If you continue to operate the Vehicle after the right to do so is terminated, we have the right to notify the police that the Vehicle has been stolen.

5.     ACCIDENTS

1.     You must report any accident, theft or loss to us as immediately and confirm this in writing as soon as reasonably possible.

    1.     You must not admit responsibility to anyone in relation to the accident.

    2.     You should collect the names and addresses of everyone involved, including witnesses, and pass this information to us.

    3.     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.

    4.     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.

    5.     You must return the original keys or any other device which unlocks the Vehicle and/or enables the Vehicle to be started and report the theft or loss to the police as soon as reasonably possible if the Vehicle is stolen or deemed a total loss.

2.     In the event Damage is caused to a Vehicle and third party liability cannot be established, the Damage is the Drivers’ responsibility.

3.     Any Damage must be reported to the Clubhouse immediately. You are liable to cover the full cost of repairs (up to a maximum of the excess amount, where applicable).

6.     DAMAGE WAIVER

1.     Drivers who are using the Vehicle with our permission and who remain compliant with these Terms and any other applicable agreement that exists between both parties will be provided Damage Waiver by us.  

2.     Where we provide Damage Waiver we will not hold you liable for Damage to or loss or theft of, the Vehicle except that you will still have to pay to us any applicable excess as detailed within the Charges.

3.     You agree that Damage Waiver does not exempt you from liability for Damage caused by the use of incorrect fuel or if you failed to take all reasonable measures to look after and secure the Vehicle or the keys or any other device which unlocks the Vehicle and/or enables the Vehicle to be started.

7.     RESPONSIBILITY TO THIRD PARTIES

1.     If you are in compliance with these Terms we agree that the use of the Vehicle by you and any additional Drivers will be covered, subject to all terms, conditions, limitations, exceptions and exclusions under our motor fleet insurance policy against claims from a third party alleging injury, death or damage to property as required by the Road Traffic Act 1988 (as amended by the Road Traffic Act 1991), Road Traffic (Northern Ireland) order 1981 or any other legislation currently in force in any jurisdiction in which you operate the Vehicle with our permission.

2.     You may request a copy of our policy from us. The policy gives our insurer the sole right to settle any claim as they may decide necessary.

3.     You agree to fully cooperate and assist us and our insurers in the investigation of any third party claim.

4.     If our insurers are required to make any payment to a third party as a result of the use of the Vehicle which involved a breach by you or any Driver of any of these Terms or of our motor fleet insurance policy you will have to pay on demand all sums paid by our insurers in relation to the claim. This is in addition to any damages which we may legally claim as a result of the breach.

5.     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.

8.     CHARGES

1.     For full details of rate plans, membership fees, rental rates and mileage charges (together the Charges) click here.

2.     You agree to pay a monthly or annual membership fee as part of your selected rate plan. Click here to view this information.  

3.     In the event of early termination for whatever reason we reserve the right to retain all or part of your membership fee proportional to the time and services provided

4.     You agree that any failure by you to comply with your responsibilities under this agreement may result in additional Charges being levied upon you and/or the recovery of the Vehicle by us or our appointed agents without notice and at your expense.

5.     A full list of other charges and penalties can be viewed here.

6.     Members are limited to a maximum of £250.00 of outstanding rental charges on account (£100.00 for Young Drivers). Once this amount has been reached we shall be entitled to request immediate payment under your Continuous Payment Authority.

7.     Enterprise shall be entitled to vary the Charges to reflect any special, initial or discounted offers communicated by us from time to time. Any such offers shall be subject to the terms and conditions communicated with such offer and shall be available at our sole discretion.

9.     YOUNG DRIVERS 

1.     Young Drivers may be subject to additional Charges, including a higher mileage charge, as detailed in your rate plan.

2.     You agree that Damage Waiver and any other excess reduction products as displayed on our website are not available to Young Drivers.

3.     You agree that Young Drivers are not permitted to drive a Vehicle between the hours of 10.00 pm and 05.00 am.

10.  PAYMENTS

1.     All Charges, which become due under these Terms or any other agreement between us, will be charged to the credit or debit card which you have presented to us under the Continuous Payment Authority.  Time and mileage charges resulting from any rental by you will be charged within 24 hours of you returning the Vehicle. All other Charges are due upon demand.

2.     You further agree that where you fail to return a Vehicle at the end of a Rental Period that all time and mileage charges will be charged immediately under the Continuous Payment Authority.

3.     All new Members will be subject to Continuous Payment Authority and daily payments unless Members specifically notify us that they wish to opt out. If you choose to opt out your membership will be restricted and this may result in the cessation of your account.

4.     We will advise you in advance via the email address you have provided on your account, when your annual membership renewal becomes due. You have the right to cancel your membership within 14 days of this notice period, after which time we will collect any Charges using the Continuous Payment Authority and your membership will be automatically renewed.

5.     Your acceptance of these Terms shall constitute authority for us to compute and debit all monies due against your nominated credit card or debit card at any time under the Continuous Payment Authority.

6.     Should payment of any charge be declined or remain unpaid for any reason we reserve the right to restrict or cancel your membership until full payment is made. This may result in any future rentals being cancelled.

11.  DATA PROTECTION

1.     We, as data controller, may use your personal data (and the personal data of any Additional Driver) collected in connection with the Agreement or any related agreement or service (“Customer Personal Data”), and disclose it, for the purposes described in this paragraph 11 in accordance with applicable data protection laws and in our current Privacy Policy which can be accessed at https://privacy.ehi.com/en-gb/home/privacy-policy.html. We, or any subsidiary (for further details see below) or Enterprise Holdings, Inc. may:

·       Process Customer Personal Data to manage your membership and our commercial relationship, administer our loyalty program, communicate with you about or assist with your membership. We process Customer Personal Data for this purpose on the basis of (i) contractual necessity (e.g. billing) or (ii) our legitimate interests in ensuring the effective delivery of the requested services, when these interests are not overridden by your – and any applicable Additional Driver’s – data protection rights.

·       Store Customer Personal Data that relates to any incident arising from your dealings or an Additional Driver’s dealings with us if we think that, as a result of any incident, you or an Additional Driver could be a risk for future rentals. For example, where permitted by law, 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. If we record any such data against your name and/or the name of an Additional Driver, and you or an Additional Driver later seek to reserve another Vehicle in the UK or elsewhere, that rental may not proceed.  We process Customer Personal Data for this purpose on the basis of our legitimate interests in protecting our employees, other customers, the public and our property from safety or financial risks based on past customer conduct, when these interests are not overridden by your - and any applicable Additional Drivers’ – data protection rights; Process Customer Personal Data to manage your membership and our commercial relationship, administer our loyalty program, communicate with you about or assist with your membership. We process Customer Personal Data for this purpose on the basis of (i) contractual necessity (e.g. billing) or (ii) our legitimate interests in ensuring the effective delivery of the requested services, when these interests are not overridden by your – and any applicable Additional Drivers’ – data protection rights;

·       Verify personal, driving and credit information (including Customer Personal Data) provided by you and any Additional Driver, which could include through credit agencies, the Driver and Vehicle Licensing Agency (DVLA), the Driver and Vehicle Agency (DVA), fraud prevention agencies/databases or other sources. We process Customer Personal Data for this purpose on the basis of our legitimate interests in preventing fraud, when these interests are not overridden by your – and any applicable Additional Drivers’ – data protection rights;

·       Process Customer Personal Data in order to carry out phone and email customer satisfaction surveys. We process Customer Personal Data for this purpose on the basis of our legitimate interests in ensuring customer satisfaction of the services which we provide, when these interests are not overridden by your – and any applicable Additional Drivers’ – data protection rights;

·       Send you marketing communications (by post or electronic communications) about similar products or services which we think may be of interest to you. This can include the provision of targeted advertising on our sites, selected partner sites and social networks. We process Customer Personal Data for this purpose on the basis of our legitimate interests in conducting such marketing, when these interests are not overridden by your – an any applicable Additional Drivers’ – data protection rights but, where required, will seek your consent to do so at the time of data collection;

·       Compile statistics and analysis about your – and any applicable Additional Drivers’ – use of our products and services, including statistics based on anonymized data, which enable us to provide you and other customers in the future with better customer service, products, features, and functionalities;

·       Provide details of any accidents in which you or any Additional Driver of the Vehicle are involved (including Customer Personal Data) to relevant insurance databases. We process Customer Personal Data for this purpose where necessary for the establishment, exercise, or defence of legal claims;

·       Provide Customer Personal Data to government agencies who oversee road scheme programmes for the purpose of assisting in the enforcement of any traffic regulation during the Rental Period. We process Customer Personal Data for this purpose where necessary to ensure our compliance with applicable legal obligations; and

·       Provide Customer Personal Data to the relevant motor tax office or authority, debt collectors, credit agencies, and any other relevant organization or authority on the basis of (i) contractual necessity, (ii) compliance with a legal obligation and/or (iii) our legitimate interests to recover any pending debt. We may also provide 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 its assets.

2.     You agree that if you breach these Terms we can provide such of your or any Additional Driver’s Customer Personal Data as maybe relevant to the DVLA, DVA debt collectors and any other relevant organisation. We can also provide 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.

3.     The Vehicle may be equipped with (i) emergency notification functionalities (“eCall System”) and (ii) telematics systems and infotainment which are independently controlled by the manufacturer (“OEM”) of your Vehicle. The eCall System is provided in order to ensure that you and your passengers receive appropriate assistance in the case of an emergency. In the event that a Vehicle has been reported as potentially or actually lost or stolen, we will request access to the necessary telematics systems data from the relevant OEM. Contact details of the OEMs along with their applicable privacy disclosure which may include system and service limitations, warranty exclusions, limitations of liability, descriptions of use, disclosure and retention of information, your individual rights, and any data transfer outside the European Economic Area may be found on the OEMs’ respective websites or see a list of the OEM’s we purchase vehicles from in our Privacy Policy referred to in Section 11 Paragraph 4 below.

For Car Club, the Vehicle will also be equipped with a telematics system controlled by us. We use the capabilities enabled by these telematics systems to (i) issue commands to the Vehicle, such as unlocking and locking the Vehicle, for the purpose of facilitating your trip, (ii) gather information regarding the beginning and end of your trip for billing purposes, (iii) track location information and/or immobilize the Vehicle in the event of an overdue, lost, or stolen Vehicle and (iv) monitor location information should we be directly alerted by you with regards to issues with the Vehicle. 

When you use any satellite navigation or infotainment system in this Vehicle, you are responsible for any information that is stored in the systems as a result of your use. We cannot guarantee the privacy or confidentiality of such information, and you must wipe it before you return the Vehicle to us. If you do not do this, the next users of the Vehicle will be able to access this information.

4. We may disclose Customer Personal Data to any of our subsidiaries (for details please see https://privacy.ehi.com/en-gb/home/privacy-policy.html) or Enterprise Holdings, Inc. for the purposes listed above. We may also disclose Customer Personal Data: (i) to law enforcement or similar bodies, (ii) to meet certain legal compliance requirements for example, under AML (anti-money laundering) laws or (iii) as part of a sale or merger of our business assets or any due diligence process carried out in relation to same.

5. Enterprise Holdings, Inc. and its wholly owned subsidiaries participate in and are responsible for the processing of personal data received under the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework and subsequent transfers to third parties acting on its behalf.

For more information or if you have an unresolved privacy or data use concern that we have not addressed to your satisfaction, please see our current Privacy Policy on our websites for information on how to contact our third-party dispute resolution provider.

6. We retain your Customer Personal Data for commercially reasonable periods of time or in accordance with specific laws or policies. Information collected for a specified purpose will only be used for that purpose and, after a reasonable period of time, will no longer be actively stored when that purpose has been fulfilled. Inactive data may, however, continue to be used for statistical, marketing, archiving, and other analytical purposes

7. You have the right to: (i) access and port your personal data (including in certain cases in a commonly used, machine readable format); (ii) have your personal data rectified (where it is inaccurate or incomplete), (iii) have your personal data erased where we no longer have any legitimate reasons to process it; (iv) have your personal data restricted; (v) object to our processing of your personal data in certain circumstances; and (vi) lodge a complaint with the applicable supervisory authority.

8. If you have any queries in relation to our use (including disclosure) of your Customer Personal Data pursuant to the Agreement as described in this paragraph 11, please contact us by writing to Enterprise House, Vicarage Road, Egham, Surrey TW20 9FB or by sending an email to uk.privacy@ehi.com.

12. INDEMNITY

1.     To the extent allowed by law you agree to indemnify and hold us harmless against any claims in connection with operation of the Vehicle, any damages suffered by, including without limitation, the fines and other consequences, or any matters which are the consequences of your acts or omissions.

2.     To the extent allowed by law, we expressly disclaim any liability for damage or loss of any kind suffered by you or any third party unless it has been proven that we are at fault.

13.  GENERAL

1.     We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

2.     You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

3.     This contract is between you and us. No other person shall have any rights to enforce any of its terms.

4.     We may terminate your membership as a Member at any time for any reason we decide after giving you at least 15 days’ advance written notice.

5.     Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of the paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

6.     If there is any conflict between these Terms, the Car Club Documentation or any other documentation relating to the Car Club, these Terms will take precedence except where we notify you in writing.

7.     If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14.  LAW AND JURISDICTION

1.     These Terms shall be governed by and construed in accordance with English Law. Any proceedings arising in connection with these Terms shall be submitted to the exclusive jurisdiction of the English courts.

15.  FEEDBACK, COMMENTS AND COMPLAINTS

1.     A full copy of our complaints procedure is available to you upon request from us.

2.     The European Commission’s online dispute resolution platform can be accessed here. Enterprise Car Club does not participate in the alternative dispute resolution procedure.

BUSINESS TERMS AND CONDITIONS

This section (together with the documents expressly referred to on it) provides you with information about us and the legal terms and conditions (Terms) upon which we supply the Car Club to you.

1.     DEFINITIONS

1. When the following words with capital letters are used in these Terms, this is what they will mean:

Car Club means the car club administered and operated by us.

Car Club Documentation means the electronic or hard copy materials, instructions or documentation, made available or provided to you by us or the Organisation (as may be amended from time to time by us in our sole discretion), detailing the Car Club, which are incorporated into these Terms by reference.       

Charges means any amount that is owed by and billed by us and other fees, charges and penalties as set out in these Terms.

Damage means any change in a Vehicle’s condition.

Damage Evaluator means the tool used for evaluating Damage to a Vehicle, a copy of which can be provided upon request;

Damage Waiver means Enterprise Car Club has agreed to cover Damage to a Vehicle, subject to any excess.

Driver means you or any Driver that is registered with the Car Club who meets the minimum age, license and other requirements of the Car Club or the Organisation.

Enterprise Car Club (We/Our/Us) means City Car Club Limited trading as Enterprise Car Club with company number 05443333 whose registered office address is at Enterprise House, Vicarage Road, Egham, Surrey, TW20 9FB, and any of its successors and assigns, responsible for administering and operating the Car Club. 

Organisation means your employer or any other organisation which provides you with authorisation, access to, and support for use or access to the Car Club.

Rental Period means the period between the time that you take possession or should have taken possession of the Vehicle and the time that you return or should have returned the Vehicle to the location designated by the Organisation or as required by us. 

Use means your use of the Vehicle for business purposes only, as approved by us and the Organisation.

Vehicle means the vehicle reserved by you or any replacement vehicle(s) as may be provided by us in accordance with the Car Club.

2.     CHANGES TO THE TERMS

1.     We may revise these Terms at our own discretion from time to time. Whenever we revise these Terms, we agree to notify you of any changes to the Terms through your account or by the email address we have for you on file as appropriate.

3.     OWNERSHIP OF THE VEHICLES

1.     You acknowledge and accept that any Vehicle will remain our property at all times.

4.     USE OF THE VEHICLES

1.     You acknowledge and agree that you will only operate the Vehicle for the Use.

5.     CAR CLUB DOCUMENTATION

1.     Prior to each Rental Period, and before driving a Vehicle, You should ensure that you have read the Car Club Documentation carefully and follow the instructions set out in the Car Club Documentation at all times, including but not limited to, in case of an accident, fault, damage, and/or breakdown.

6.     CONDITION OF THE VEHICLE

1.     Prior the start of each Rental Period, you must inspect the Vehicle and inform us of any Damage in accordance with the Damage Evaluator located in the glove compartment of the Vehicle.

2.     We shall have the sole right and responsibility to repair the Vehicle. If with our permission you change any equipment such as wiper blades or bulbs then please keep the receipt and we may reimburse you.

7.     DRIVER RESPONSIBILITIES AND LIMITS ON USE

1.     You agree to comply with these Terms. We reserve the right to end your membership as a Driver immediately and to take possession of a Vehicle at any time you fail to comply with these Terms.

2.     You must inform us if you no longer require membership.

3.     You must look after the Vehicle making sure it is locked and secure when not in use and that you have used any security device fitted to the Vehicle.

4.     If a warning light displays on the dashboard, you must stop driving as soon as it is safe to do so and contact us for further advice.

5.     You must remove all personal possessions from the Vehicle at the end of a reservation. We do not accept any responsibility for any possessions that are left in a vehicle.

6.     You must keep the vehicle sufficiently supplied (always above one quarter of a tank of each type of fuel) with the correct fuel, using the fuel card we supply.

7.     You are responsible for the membership card issued to you (Membership Card) and the PIN you selected, and as a result you must ensure that it is not be used by any other person including other Drivers. You must notify us immediately if the Membership Card is lost or stolen.

8.     You acknowledge and agree to the limitation on Use under the Car Club as set out in these Terms and additionally you must not allow the Vehicle:

    1.     to be driven in a reckless manner;

    2.     to be driven by any other Driver who has not been first authorised by us;

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

    4.     to be used in contravention of any traffic regulations;

    5.     to be used or operated for illegal or anti-social activity;

    6.     to be used to smoke in. The use of e-cigarettes in Vehicle is also prohibited;

    7.     to be used for driving lessons, driving test or any type of advanced driving courses;

    8.     to be used to carry passengers or cargo for remuneration;

    9.     to be used to propel or tow any vehicle, trailer or other objects;

    10.  to be used to take part in any race, rally, pace making, trials, speed testing or other contest;

    11.  to be used for motor trade use;

    12.  to drive or be driven outside of the mainland UK without our written permission

    13.  to be used to convey pets or any other animals;

    14.  to be used off-road, on trails or dirt tracks;

    15.  to be used for the transportation of explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind or nature except as allowable under law; and

    16.  to be used to carry passengers in excess of the number of seat belts provided in the Vehicle.

    17.     You must not remove livery from a Vehicle.

    18.  If you continue to operate the Vehicle after the right to do so is terminated, we have the right to notify the police that the Vehicle has been stolen.

8.     ELIGIBILITY

1.     By agreeing to these Terms, you certify that you are of the requisite minimum age, and hold a valid driver’s license which is not suspended, confiscated, revoked, expired or otherwise invalid.

2.     You must notify us of any changes to your licence status including any penalty points or endorsements. You must allow us to check your licence details at any time, and as a minimum annually. If this check shows that your licence details have changed and that you have failed to comply with notifying us of such change, or your updated licence details no longer meet our membership requirements then your membership as a Driver may be revoked and you will not be authorised to operate or reserve a Vehicle unless authorised by us.

9.     ACCIDENTS

1.     In the event of an accident you must:

    1.     report the accident, theft or loss to us and the Organisation immediately and confirm this in writing as soon as possible;

    2.     not admit responsibility for any accident;

    3.     obtain and provide us and the Organisation with the details of everyone involved, including witnesses and police details (if applicable);

    4.     provide all necessary assistance to us and the relevant insurers in matters arising from any accident, including but not limited to providing us and the relevant insurers with any documents or legal proceedings which it receives;

    5.     you must return the original keys or any other device which unlocks the Vehicle and/or enables the Vehicle to be started and report the theft or loss to the police as soon as reasonably possible if the Vehicle is stolen or loss; and

    6.     You agree to fully cooperate and assist us, the Organisation, and the relevant insurers in the investigation of any third party claim and agree that we, the Organisation, or the insurers will have the sole right to settle any claim proceedings brought against you and allow proceedings to be brought by us or the insurer in your in your name as we, the Organisation, or the insurers may decide is necessary.

2.     If you fail to comply with this paragraph 9, you may be held liable for any associated costs arising from your failure.

10.  INSURANCE AND RESPONSIBILITIES TO THIRD PARTIES

1.     Where expressly stated in writing by us, and where you or any authorised Driver are using the Vehicle with our permission and remain compliant with these Terms, we shall provide Damage Waiver.

2.     Where we provide Damage Waiver:

    1.     we will not hold you liable for Damage to or loss or theft of, the Vehicle except that you or your Organisation will still have to pay to us any applicable excess; and

    2.     you agree to fully cooperate and assist us and our insurers in the investigation of any third party claim.

    3.     If our insurers are required to make any payment to a third party as a result of the use of the Vehicle which involved a breach by you or any Driver of any of these Terms or of our motor fleet insurance policy you or your Organisation will have to pay on demand all sums paid by our insurers in relation to the claim. This is in addition to any damages which we may legally claim as a result of the breach.

    4.     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.

    5.     You agree that Damage Waiver does not exempt you from liability for Damage caused by the use of incorrect fuel or if you failed to take all reasonable measures to look after and secure the Vehicle or the keys or any other device which unlocks the Vehicle and/or enables the Vehicle to be started.

    6.     Where Damage Waiver does not apply:

3.     Your Organisation will be responsible for and will hold insurance that covers any: (a) loss or damage to the Vehicle; and (b) third party liability arising from the Use.

4.     You must comply with the terms and conditions of such insurance policy.

11.  PRICE AND PAYMENT

1.     Unless expressly stated otherwise, you will not be required to meet the Charges payable to us for the provision of the Car Club.

12.  DATA PROTECTION

1. We, as data controller, may use your personal data (and the personal data of any Additional Driver) collected in connection with the Agreement or any related agreement or service (“Customer Personal Data”), and disclose it, for the purposes described in this paragraph 12 in accordance with applicable data protection laws and in our current Privacy Policy which can be accessed at https://privacy.ehi.com/en-gb/home/privacy-policy.html. We, or any subsidiary (for further details see below) or Enterprise Holdings, Inc. may:

·       Process Customer Personal Data to manage your membership and our commercial relationship, administer our loyalty program, communicate with you about or assist with your membership. We process Customer Personal Data for this purpose on the basis of (i) contractual necessity (e.g. billing) or (ii) our legitimate interests in ensuring the effective delivery of the requested services, when these interests are not overridden by your – and any applicable Additional Drivers’ – data protection rights;

·       Store Customer Personal Data that relates to any incident arising from your dealings or an Additional Driver’s dealings with us if we think that, as a result of any incident, you or an Additional Driver could be a risk for future rentals. For example, where permitted by law, 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. If we record any such data against your name and/or the name of an Additional Driver, and you or an Additional Driver later seek to reserve another Vehicle in the UK or elsewhere, that rental may not proceed. We process Customer Personal Data for this purpose on the basis of our legitimate interests in protecting our employees, other customers, the public and our property from safety or financial risks based on past customer conduct, when these interests are not overridden by your – and any applicable Additional Drivers’ – data protection rights; Process Customer Personal Data to manage your membership and our commercial relationship, administer our loyalty program, communicate with you about or assist with your membership. We process Customer Personal Data for this purpose on the basis of (i) contractual necessity (e.g. billing) or (ii) our legitimate interests in ensuring the effective delivery of the requested services, when these interests are not overridden by your – and any applicable Additional Drivers’ – data protection rights;

·       Verify personal, driving and credit information (including Customer Personal Data) provided by you and any Additional Driver, which could include through credit agencies, the Driver and Vehicle Licensing Agency (DVLA), the Driver and Vehicle Agency (DVA), fraud prevention agencies/databases, or other sources. We process Customer Personal Data for this purpose on the basis of our legitimate interests in preventing fraud, when these interests are not overridden by your – and any applicable Additional Drivers’ – data protection rights;

·       Process Customer Personal Data in order to carry out phone and email customer satisfaction surveys. We process Customer Personal Data for this purpose on the basis of our legitimate interests in ensuring customer satisfaction of the services which we provide, when these interests are not overridden by your – and any applicable Additional Drivers’ – data protection rights;

·       Send you marketing communications (by post or electronic communications) about similar products or services which we think may be of interest to you. This can include the provision of targeted advertising on our sites, selected partner sites and social networks. We process Customer Personal Data for this purpose on the basis of our legitimate interests in conducting such marketing, when these interests are not overridden by your – an any applicable Additional Drivers’ – data protection rights but, where required, will seek your consent to do so at the time of data collection;

·       Compile statistics and analysis about your – and any applicable Additional Drivers’ – use of our products and services, including statistics based on anonymized data, which enable us to provide you and other customers in the future with better customer service, products, features, and functionalities;

·       Provide details of any accidents in which you or any Additional Driver of the Vehicle are involved (including Customer Personal Data) to relevant insurance databases. We process Customer Personal Data for this purpose where necessary for the establishment, exercise, or defence of legal claims;

·       Provide Customer Personal Data to government agencies who oversee road scheme programmes for the purpose of assisting in the enforcement of any traffic regulation during the Rental Period. We process Customer Personal Data for this purpose where necessary to ensure our compliance with applicable legal obligations; and

·       Provide Customer Personal Data to the relevant motor tax office or authority, debt collectors, credit agencies, and any other relevant organization or authority on the basis of (i) contractual necessity, (ii) compliance with a legal obligation and/or (iii) our legitimate interests to recover any pending debt. We may also provide 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 its assets.

2.     You agree that if you breach these Terms we can provide such of your or any Additional Driver’s Customer Personal Data as maybe relevant to the DVLA, DVA debt collectors and any other relevant organisation. We can also provide 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.

3. The Vehicle may be equipped with (i) emergency notification functionalities (“eCall System”) and (ii) telematics systems and infotainment which are independently controlled by the manufacturer (“OEM”) of your Vehicle. The eCall System is provided in order to ensure that you and your passengers receive appropriate assistance in the case of an emergency. In the event that a Vehicle has been reported as potentially or actually lost or stolen, we will request access to the necessary telematics systems data from the relevant OEM. Contact details of the OEMs along with their applicable privacy disclosure which may include system and service limitations, warranty exclusions, limitations of liability, descriptions of use, disclosure and retention of information, your individual rights, and any data transfer outside the European Economic Area may be found on the OEMs’ respective websites or see a list of the OEM’s we purchase vehicles from in our Privacy Policy referred to in Section 12 Paragraph 4 below.

For Car Club, the Vehicle will also be equipped with a telematics system controlled by us. We use the capabilities enabled by these telematics systems to (i) issue commands to the Vehicle, such as unlocking and locking the Vehicle, for the purpose of facilitating your trip, (ii) gather information regarding the beginning and end of your trip for billing purposes, (iii) track location information and/or immobilize the Vehicle in the event of an overdue, lost, or stolen Vehicle and (iv) monitor location information should we be directly alerted by you with regards to issues with the Vehicle. 

When you use any satellite navigation or infotainment system in this Vehicle, you are responsible for any information that is stored in the systems as a result of your use. We cannot guarantee the privacy or confidentiality of such information, and you must wipe it before you return the Vehicle to us. If you do not do this, the next users of the Vehicle will be able to access this information.

4. We may disclose Customer Personal Data to any of our subsidiaries (for details please see https://privacy.ehi.com/en-gb/home/privacy-policy.html) or Enterprise Holdings, Inc. for the purposes listed above. We may also disclose Customer Personal Data: (i) to law enforcement or similar bodies, (ii) to meet certain legal compliance requirements for example, under AML (anti-money laundering) laws or (iii) as part of a sale or merger of our business assets or any due diligence process carried out in relation to same.

5. Enterprise Holdings, Inc. and its wholly owned subsidiaries participate in and are responsible for the processing of personal data received under the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework and subsequent transfers to third parties acting on its behalf.

For more information or if you have an unresolved privacy or data use concern that we have not addressed to your satisfaction, please see our current Privacy Policy on our websites for information on how to contact our third-party dispute resolution provider.

6. We retain your Customer Personal Data for commercially reasonable periods of time or in accordance with specific laws or policies. Information collected for a specified purpose will only be used for that purpose and, after a reasonable period of time, will no longer be actively stored when that purpose has been fulfilled. Inactive data may, however, continue to be used for statistical, marketing, archiving, and other analytical purposes

7. You have the right to: (i) access and port your personal data (including in certain cases in a commonly used, machine readable format); (ii) have your personal data rectified (where it is inaccurate or incomplete), (iii) have your personal data erased where we no longer have any legitimate reasons to process it; (iv) have your personal data restricted; (v) object to our processing of your personal data in certain circumstances; and (vi) lodge a complaint with the applicable supervisory authority.

8. If you have any queries in relation to our use (including disclosure) of your Customer Personal Data pursuant to the Agreement as described in this paragraph 12, please contact us by writing to Enterprise House, Vicarage Road, Egham, Surrey TW20 9FB or by sending an email to uk.privacy@ehi.com.

13.  OUR LIABILITY TO YOU

1.     Our liability to you is excluded to the fullest extent permitted by law, which does not include or limit our liability in any way for fraudulent misrepresentation, death or personal injury caused by our negligence or the negligence of our employees agents or subcontractors.

14.  GENERAL

1.     We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

2.     You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

3.     This contract is between you and us. No other person shall have any rights to enforce any of its terms.

4.     We may terminate your membership as a Driver at any time for any reason we decide after giving you at least 15 days’ advance written notice.

5.     Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

6.     If there is any conflict between these Terms, the Car Club Documentation or any other documentation relating to the Car Club, these Terms will take precedence except where we notify you in writing.

7.     If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.  LAW AND JURISDICTION

1.     These Terms shall be governed by and construed in accordance with English Law. Any proceedings arising in connection with these Terms shall be submitted to the exclusive jurisdiction of the English courts.

16.  FEEDBACK, COMMENTS AND COMPLAINTS

1.     A full copy of our complaints procedure is available to you upon request from our registered office.