BACKGROUND
These Terms set out the terms under which:
You will be required to read and accept these Terms when you submit an Account request on Our Site. If you do not agree to comply with and be bound by these Terms, you will not be able to register as a Car Owner or an Experiencer or make and accept Bookings.
At no time will a contract come into existence between Us and Experiencers for the Booking with the Car Owner or for the insurance purchased from the Broker via Our Site to cover the experience. Any contract formed between a Car Owner, an Experiencer, the Broker and the Insurer will be solely between those parties.
Whether you are a Car Owner or an Experiencer, differing Terms may apply. For ease of reference, We have set out an index to the Terms so you can scroll down to them easily.
These Terms must be read in conjunctions with our Website Terms of Use and Acceptable Use Policy and our Privacy and Cookies Policy which are available to view on Our Site and they apply equally to these Terms as if they were written out in full.
TERMS THAT APPLY TO ALL USERS
1. Definitions and Interpretation
2. Information About Us
3. Access to and Use of Our Site
4. Restrictions
5. Our Marketplace
6. Insurance
7. The Experience
8. Business and Consumer Users
9. VAT
10. Intellectual Property Rights
11. Acceptable Use Policy
12. How We Use Your Personal Information (Data Protection)
13. Events Outside of Our Control (Force Majeure)
14. Our Liability to You
15. Other Important Terms
16. Law and Jurisdiction
TERMS THAT APPLY TO EXPERIENCERS
17. Our Marketplace
18. Restrictions
19. Bookings
20. Cancellations
21. Payment Service
22. Payments for Bookings
23. Taxes
24. Provision of the Experience
25. Problems with Transactions and Your Rights
26. Problems with Our Service and Consumers’ Legal Rights
27. Your Account Cancellation Rights
TERMS THAT APPLY TO CAR OWNERS
28. General
29. Accounts and Restrictions
30. Experience Listings
31. Condition of Cars
32. Bookings
33. Cancellations
34. Car Owner Rules
35. The Experience
36. Commission
37. Payment Service
38. Payments from Experiencers
39. Payments to Us
40. Taxes
41. Problems with Transactions and Experiencer’s Rights
42. Your Account and Cancellation
43. Experiencer Reviews
44. Ranking
TERMS THAT APPLY TO ALL USERS
1. Definitions and Interpretation
1.1 In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required to submit Experience Listings and to make Bookings;
"Booking/Booked" means an agreement in relation to an Experience that is made between a Car Owner and an Experiencer, in accordance with these Terms.
“Booking Confirmation” means the Car Owners confirmation of a Booking that shall specify the nature of the Experience (driving or riding as a passenger in the car), the agreed Experience Period and the applicable Experience Fee;
“Booking Fee" means the booking handling fee of 5% plus VAT of the Experience Fee or £5.00 plus VAT (whichever is the greater) payable by the relevant Experiencer to Us in relation to each Booking;
“Broker” means ClassicLine Insurance Services Ltd https://www.classiclineinsurance.co.uk/ or any other broker that we choose as our preferred broker;
"Car Exclusion Circumstances" means, in relation to a Booking, circumstances giving the Experiencer reasonable justification to believe that: (a) the car does not meet the conditions or description specified in the Experience Listing at the time of Booking; (b) the Car Owner is unwilling to record, damage identified by the Experiencer prior to the start of the Experience; or (c) the car's fuel tank does not contain enough fuel for the duration of the Experience Period;
“Car Owner” means a User promoting the use of their car on Our Site in Experience Listings;
"Commission" means, in relation to each Booking, a sum equivalent to 20% of the agreed Experience Fee plus VAT;
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
"Driver" means either a Car Owner (where the Experiencer has Booked to ride as a passenger throughout the Experience), or an Experiencer (where the User has Booked to drive the car during the Experience);
"Driver Exclusion Circumstances" means, where an Experiencer has Booked to drive a car (rather than ride as a passenger), circumstances giving the Car Owner reasonable justification to believe that the Experiencer (requesting to drive the Car): (a) is unfit to drive; (b) is an Excluded Driver; (c) does not present a correct driving licence with photographic ID; or (d) intends to use the car other than in accordance with these Terms;
"Excluded Driver" means, on the given date of the Booked Experience, any person who, on that date: (a) is aged under 25; (b) has not held a full UK driver's licence for at least 24 months; (c) is not a UK resident; (d) is a professional sportsperson, a professional entertainer, a Musician, a student under 25, unemployed, a taxi driver, a courier or on course betting; (e) has been disqualified from driving; (f) is Over 75; or (g) is not identified as the relevant Driver in the Booking;
“Experience” ,means either (i) the experience of driving a car owned by a Car Owner for an agreed duration and fee; or (ii) the experience of riding in a Car owned by a Car Owner for an agreed duration and fee, with the Car Owner driving the Car throughout;
“Experiencer” means an individual User of Our Site wishing to Book and pay for the experience of either driving or riding, as a passenger, in a car owned by a Car Owner;
"Experience Fee" means, in relation to a Booking, the fee payable by the relevant Experiencer to the relevant Car Owner for the Experience;
“Experience Listing” means the details of the Car and the Experience to be offered as set out by the Car Owner;
"Experience Period" means, in relation to a Booking, the duration of the Experience (and any extension thereto) agreed between the Car owner and the Experiencer, including time spent inspecting the Car;
“Insurer” means First Underwriting Ltd who are authorised and regulated by the Financial Conduct Authority. FCA number: 624585 and registered in England and Wales with Company number: 07857938, and whose registered address is Part Level 15, The Gherkin, 30 St Mary Axe, London, EC3A 8EP. Cover is arranged by the Broker. We reserve the absolute right to change the Insurer;
"Insurance Premium" means, in relation to a Booking, the sum payable by an Experiencer Driver for the Insurance Policy;
"Insurance Policy" means the motor insurance policy provided by the Insurer, the terms and conditions of which can be accessed at https://www.classiclineinsurance.co.uk/drive-my-pride-and-joy/;
“Marketplace” means Our platform for Car Owners and Experiencers on Our Site;
"Minimum Specification" means the following minimum specification for a car: (a) the car is a private car with a market value of less than £100,000.00; (b) the car has, and will have until the end of each Booking, a valid MOT certificate, is owned and by and registered to a private individual, is insured to drive on a public highway via a private car policy issued to the Car Owner and registered keeper of the car and, is road taxed and fully legal in all other aspects to drive on a public highway; and (c) the car is Roadworthy;
“Our Site” means http://www.drivemyprideandjoy.co.uk/
“Payment Service” means the payment service provided by Stripe Payments Europe, Ltd whose own terms and conditions will apply https://stripe.com/gb/ssa, or PayPal (Europe) whose terms and conditions can be found at https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full;
“Payment Service Account” means an account for the holding of funds provided as part of the Payment Service and administered by the Third Party Payment Service Provider;
“Roadworthy" has the meaning given to it in Clause 31.1 below.
“Services” the listing and booking services provided by Us through Our Site;
“Third Party Payment Service Provider” means Stripe Payments Europe, Ltd;
“Third Party Advertising” means advertising displayed on Our Site, provided by third parties;
“Third Party Advertiser” means a party responsible for Third Party Advertising displayed on Our Site;
“User” means a user of Our Site;
“User Content” means any Content added to Our Site by a User;
“We/Us/Our” means Patson Media Limited, a company registered in England and Wales with the company number 11001620 and whose registered office is at Arlington House West Station Business Park, Spital Road, Maldon, England, CM9 6FF.
2.1 http://www.drivemyprideandjoy.co.uk is a Site owned and operated by Patson Media Limited, a company registered in England and Wales with the company number 11001620 and whose registered office is at Arlington House West Station Business Park, Spital Road, Maldon, England, CM9 6FF.
2.2 You can contact us by:
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 We may accept or reject an application for an Account at our absolute discretion.
3.5 In order for an Account to be activated, you must provide bank account and credit or debit card details. This is to ensure that electronic payments can be made. We reserve the right to suspend the Account if any transaction effected by Us is declined.
4. Restrictions
4.1 Whether you are a Car Owner or Experiencer, restrictions apply as set out below.
4.2 It is for each party to make enquires of the other to ensure that they comply with the restrictions and either party may request proof of the same prior to the Experience i.e. a Car Owner may request sight of an original photographic driving licence.
4.3 Whether you submit a Booking as a Driver or a passenger, the Car Owner must remain with the car at all times.
4.4 A Booking cannot be made through Our Site by a Driver unless the Driver obtains insurance to cover the Experience from our Insurer.
5. Our Marketplace
Our Marketplace is provided solely as an online venue as between (i) Car Owners and Experiencers and, (ii) Experiencers and the Broker/Insurer. We are not a party to any transactions or other relationships between Car Owners, Experiencers or the Broker and Insurer that has been chosen to cover the Experience. You hereby acknowledge and agree that:
5.1 Experiencers are not making purchases from Us and are not entering into a contract with Us for the provision of any Experience or Insurance. Any contract formed via Our Site is between Car Owners, Experiencers and the Insurer only;
5.2 We will not be a party to any dispute between Car Owners, Experiencers or the Insurer. Any claims must be made directly against the party concerned;
5.3 Although We will use reasonable efforts to undertake online verification of participating cars and Drivers using a number of third party databases, including DVLA, to ensure Drivers meet our Driver Eligibility Criteria and listed cars are not stolen or tainted with illegality or fraud, We do not undertake any safety checks of the cars. It remains the responsibility of Car Owners to ensure compliance with the car eligibility requirements as set out at Clauses 7.1 and 31.1 and for the Driver to be satisfied this responsibility has been charged, and for the Car Owners to satisfy themselves that the Drivers are not Excluded Drivers.
5.4 Save as set out at Clause 5.3, We do not carry out any vetting or screening of Car Owners or their cars and the listing of an Experience is in no way an endorsement or recommendation by Us. We are not responsible for any Experience provided by Car Owners or for content of the information stated by Car Owners.
5.6 We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way. We have no control over, nor any involvement in User Content, and We accept no responsibility for any actions taken, or for any services provided by any Car Owner or the Insurer.
6. Insurance
6.1 We have commissioned an insurance product via the Broker to provide extra peace of mind for both Car Owners and Experiencers by including additional insurance for the duration of the Experience Period.
6.2 The Insurance Policy covers the car against accidental damage, fire and theft within Mainland Great Britain and Northern Ireland and is subject to a policy excess of £500.00. There is an option to pay the Insurer directly an extra £15.00 for a zero excess.
6.2.1 The Insurance Policy also covers damage to your windscreen or windows subject to a £1000.00 excess.
6.3 The full wording of the policy can be found at: https://www.classiclineinsurance.co.uk/drive-my-pride-and-joy/
6.4 Car Owners should note that their own motor insurance policy usually will not cover them for the purposes of using their car to fulfil an Experience. For that reason, We have also commissioned the Broker to provide insurance to Car Owners offering a passenger Experience. You will need to contact the insurance provider directly on 01455 639 002 to confirm and pay for your insurance.
6.5 By participating in any Booking, Car Owners and Experiencers are expected to have read and accepted the terms and conditions of the Insurance Policy and to have satisfied themselves that it is adequate and compatible with their own personal insurance cover.
6.6 The Insurance Policy automatically terminates at the end of the Experience Period. After that time, the car will no longer be insured by the Insurance Policy. Outside of the agreed Experience Period, the Car Owner shall be liable for all damage caused to the car/other cars/personal property, and any personal injury caused.
7. The Experience
7.1 Car Suitability
7.1.1 All cars must meet our Minimum Specifications, be as described within the Experience Listing, and be clean and tidy inside and out in the day of the Experience.
7.1.2 If a Car Owner becomes aware of any faults prior to a booked Experience, they must notify the Experiencer and Us as soon as possible to cancel the Booked Experience (subject to these Terms), or guarantee to have the fault fixed prior to the start of the Experience.
7.2 Before and on the day of the Experience
7.2.1 We encourage Car Owners and Experiencers to communicate with each other directly, promptly and courteously, to ensure the Booking process and the Experience runs as smoothly and efficiently as possible. This communication is encouraged throughout the Booking process, prior to the Experience, on the day of the Experience, and after the fulfilment of the Experience.
7.2.2 All Users are strongly recommended to complete a Condition Report both before and after the Experience if you book a Driver experience. Failure by either part to agree the request will amount to a breach of these Terms and either party can refuse to continue with the Experience.
7.2.3 In the event that on the day of the Experience, the Car Owner or Experiencer does not arrive at the agreed location at the agreed Experience start time, AND there has been no communication from the late party and/or consent:
7.2.4 If an Experiencer is more than 30 minutes late (without prior communication and/or consent), the Car Owner can consider the Booking cancelled and the Experiencer will not be entitled to a refund. It will be at the Car Owner’s sole discretion as to whether to allow the Experience to continue.
7.2.5 If a Car Owner is more than 30 minutes late (without prior communication or consent), the Experiencer is allowed, at their discretion, to cancel the Booking, receive a full refund of the Experience Fee and any Insurance Premium including any waiver fee, and the Car Owner will be charged a £50.00 administration fee.
7.2.6 Where a Driver Experience has been booked, but the Experiencer fails to produce their driving license and Insurance Policy, the Car Owner is not obligated to allow the Experiencer to drive the Car, and the Experiencer is not entitled to a refund. In this situation, the decision to allow the Experiencer to drive the car is at the Car Owner’s discretion.
7.2.7 Should the Experiencer determine at the start of the Experience that the car does not meet the suitability criteria set out at Clauses 7.1 and 31.1 and therefore considers the car is not reasonably suitable for use or as described, then the Experiencer may cancel the Booking, at their discretion, to receive a full refund, less the Booking Fee. The Car Owner will be charged a cancellation fee of £50.00.
7.2.8 Personal property of the Car Owner left in the car during the Experience Period is left solely at the Car Owner’s risk. Likewise, any personal property of the Experiencer(s) left in the car at the end of the Experience Period is left solely at the Experiencer’s risk.
7.2.9 Experiencers and Car Owners must, at all times during the Experience Period, use the car in accordance with the definition of Acceptable Car Use.
7.2.10 Experiencers (where they have booked to drive the Car), and Car Owners (where Experiencers have booked to ride as a passenger in the Car) shall return the car at the scheduled end of the Experience Period to the location mutually-agreed at the time of the Booking.
7.2.11 Both Car Owners and Experiencers are not permitted to smoke in any Car during the Experience Period unless otherwise agreed in writing.
7.3 Car Malfunctions and/or breakdown
7.3.1 In the event that the car is not available for the whole of the Experience Period, for whatever reason, then the Experiencer and Car Owner should negotiate between themselves an amicable settlement.
7.3.2 It is solely the Car owner’s responsibility to ensure adequate breakdown and recovery services are in place for the car during the Experience.
7.4 Motor Claims during the Experience
7.4.1 If a Driver (Car Owner or Experiencer) is involved in any accident whilst in the car during the agreed Experience Period, they shall refrain from admitting any liability and shall, without delay: (i) call the police if thought necessary; (ii) exchange contact details with every individual involved in the accident; and (iii) notify the Insurer directly.
7.4.2 If a car is stolen during the Experience Period, the Car Owner shall notify the Insurer without delay and report the theft to the police.
7.4.3 In the event that the car is not available for the whole of the Experience Period due to accident or theft, then the Experiencer and Car Owner should negotiate between themselves to reach and amicable settlement.
7.5 Traffic fines and offences
7.5.1 The Driver (Car Owner or Experiencer) is responsible for any traffic fines (such as parking fines, congestion charges, toll charges or moving violations) or offences (such as speeding) incurred during the Experience Period. Car owners and Experiencers should work together to resolve these fines and offences quickly.
7.5.2 Where an Experiencer has driven the car during the Experience:
7.5.3 We will not be involved in any disputes between Car Owners and Experiences in regards to any traffic fines or offences.
7.6 The above Terms should be read in conjunction with Clauses 17 to 27 if you are an Experiencer, and Clauses 28 to 44 if you are a Car Owner.
8. Business and Consumer Users
8.1 These Terms apply to both business and consumer Users.
8.2 If you are Car Owner and you are deemed a business User and these Terms constitute the entire agreement between Us and you with respect to the listing of your Profile on Our Site.
If you are an Experiencer you warrant that you are a consumer i.e. that you are not using Our Site or making a Booking in the course of a business, trade or profession.
9. VAT
We are not registered for VAT. Should we become registered for VAT we will give you at least 28 days’ notice of such registration and thereafter VAT will become payable on all Booking Fees, Commission and any other sums payable to us.
10. Intellectual Property Rights
10.1 The provisions of Clause 5 of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content submitted to Our Marketplace by Car Owners or reviews submitted to Our Site by Experiencers.
10.2 Users must, at all times, respect the intellectual property rights of other on Our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.
11. Acceptable Use Policy
11.1 You must not use Our Marketplace to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind.
11.2 You must not use Our Marketplace in any way, or for any purpose, that is intended to harm any person or persons in any way.
11.3 You must always provide accurate, honest information when submitting any User Content.
11.4 When using Our Marketplace, you must not submit anything (including, but not limited to, material in an Experience Listing) or otherwise do anything that:
11.4.1 is sexually explicit;
11.4.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
11.4.3 promotes violence;
11.4.4 promotes or assists in any form of unlawful activity;
11.4.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
11.4.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
11.4.7 is calculated or is otherwise likely to deceive;
11.4.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
11.4.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.4);
11.4.10 implies any form of affiliation with Us where none exists;
11.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
11.4.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
11.5 We reserve the right to suspend or terminate your access to Our Marketplace if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms. Further actions We may take include, but are not limited to:
11.5.1 removing your Account;
11.5.2 issuing you with a written warning;
11.3.3 issuing legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
11.5.4 taking further legal action against you as appropriate;
11.5.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
11.5.6 any other actions which We deem reasonably necessary, appropriate, and lawful.
11.6 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms.
12. How We Use Your Personal Information (Data Protection)
12.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
12.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy.
Car Owners and the insurance provider will also collect, hold, and process Experiencer’s personal information in the course of providing services and are, therefore, also considered data controllers under the GDPR and will be responsible for complying with their legal obligations and protecting Experiencer’s rights under the GDPR.
13. Events Outside of Our Control (Force Majeure)
13.1 We will not be liable for any failure or delay in performing Our obligations to you where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations to you:
14. Our Liability to You
14.1 As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Car Owners, Experiencers, the Broker or the Insurer. Furthermore, We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any Car Owner or Insurer services and any claims must be made against the party concerned.
14.2 If you are a consumer, We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms (or the contract) or as a result of Our negligence. Loss or Damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the contract is created. We will not be responsible for any loss or damage that is not foreseeable.
14.3 Subject to sub-Clause 14.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
14.4 Without prejudice to clause 14.2 Our total aggregate liability under or in connection with this Agreement, whether arising in tort (including negligence), contract or in any other manner as a Car Owner or Experiencer in relation to a Booking shall not exceed the total of: (a) the Experience Fee payable in respect of that Booking made; plus (b) any sum that would have been payable in respect of that Booking under the Insurance Policy but for Our default; and (c) £100.00.
14.5 Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
14.6 In particular, nothing in these Terms seeks to limit consumers’ legal rights. If you are a consumer, more information about your legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
15. Other Important Terms
15.1 We may transfer (assign) Our obligations and rights hereunder to a third party (this may happen, for example, if We sell Our business). We will not give any notice of this and Your rights and Our obligations hereunder will be transferred to the third party who will remain bound by them.
15.2 You may not transfer (assign) your obligations and rights hereunder without Our express written permission.
15.3 The contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.
15.4 If any of the provisions of these Terms are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
15.5 No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.
15.6 We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements without notice to you. If we change these Terms and you are not happy with the changes then you may close your Account.
16. Law and Jurisdiction
16.1 These Terms, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
16.2 If you are a consumer, any disputes concerning these Terms, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
16.3 If you are a business, any disputes concerning these Terms, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
TERMS THAT APPLY TO EXPERIENCERS
17. Our Marketplace
17.1 As set out in Clause 5, Our Marketplace is provided solely as an online venue for Car Owners and Experiencers. We are not a party to any transactions or other relationships between Car Owners, Experiencers, the Insurer or the Broker. You hereby acknowledge and agree that:
17.2 Save as stated at Clause 5.3, We do not pre-screen Car Owners or the Experiences offered on Our Marketplace. We are not, therefore, in any way responsible for the Content provided by Car Owners, or the Experiences that they provide.
17.3 While all Car Owners are required to comply with Our Terms which include provisions covering important matters such as payment methods, all Car Owners offer differing Experiences and set their own prices.
18. Restrictions
18.1 You may only request an Account if:
18.2 These terms apply to consumers only and do not apply to Users Booking an Experience in the course of a business. By registering for an Account and/or submitting a Booking you confirm that you are acting as a consumer.
18.3 By registering for an Account you confirm that:
19. Bookings
19.1 Our Site will guide you through the Booking process. Before submitting your Booking you will be given the opportunity to review your Bookings and amend it. Please ensure that you have checked your Booking carefully before submitting it.
19.2 Requests for Bookings may be submitting for Experiences up to 28 days from the date of the Bookings request. Booking requests will remain open for a maximum of 48 hours before the start of the Experience, but can be withdrawn at any time by you.
19.3 If a Booking request is not confirmed by a Car Owner at least 48 hours before the day of the Experience, it shall automatically expire.
19.4 No part of Our Site constitutes a contractual offer capable of acceptance. Your Booking constitutes a contractual offer that a Car Owner or the Insurer may, at their sole discretion, accept. A Car Owner’s acceptance is indicated by the Car Owner sending you a Booking Confirmation by email. Only once the Car Owner has sent you a Booking Confirmation will there be a legally binding Contract between you and the Car Owner.
19.5 The Insurer’s acceptance is indicated by the Broker sending you the insurance certificate by email.
19.6 You may submit multiple Booking requests if you are seeking to book a specific Experience Period. Where a Car Owner sends you a Booking Confirmation for one of the Bookings, the remaining Booking requests will be cancelled automatically without liability to you.
20. Cancellations
20.1 As a consumer based in the European Union, for many contracts entered into online, you may be entitled to a “cooling-off” period within which you may cancel your contract for any reason. However, the cooling-off period does not apply (i) to contracts as between individuals; (ii) and for contracts for leisure activities booked for specific dates.
20.2 However, Car Owners have agreed the following cancellation policy:
20.3 For the avoidance of doubt, if you cancel the booking you will not, under any circumstances, receive a refund of the Booking Fee.
20.4 Subject to the rest of these Terms, if a Car Owner cancels a Booking at any time, then you will receive:
20.5 Refunds will not be given where the Car Owner cancels the Experience due to any breach by you of these Terms, including, but not limited to, becoming aware that you are of Driver Exclusion Circumstances.
20.6 You may cancel the Booking in the event that you become aware of Car Exclusion Circumstances and will be entitled to a full refund of the Experience Fee, the Booking Fee and the Insurance Premium (you must apply to the Broker for the refunds of any Insurance Premium).
20.7 Outside of Driver Exclusion Circumstances and Car Exclusion Circumstances, Bookings may only be cancelled using the booking cancellation tools made available on Our Site. To cancel a Booking on the basis of Driver Exclusion Circumstances or Car Exclusion Circumstances then please contact us via the Contact Us page on Our Site.
21. Payment Service
21.1 All Payments on Our Marketplace are made through the Payment Service provided by Stripe, Our Third Party Payment Service Providers.
21.2 Your use of the Payment Service may require an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before making payments on Our Marketplace.
21.3 By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Marketplace with the Third Party Payment Service Provider.
21.4 The Payment Service Provider accepts all major credit and debit card payment methods.
21.5 If We receive notice from the Third Party Payment Service Provider that your use of Our Marketplace or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Marketplace, and/or the suspension or termination of your Account on Our Site.
The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.
22. Payments for Bookings
22.1 All payments are processed using the Payment Service described above in Clause 21 and payments must not be made directly to Car Owners.
22.2 You agree that, in respect of each Booking made, We will, at any time following the acceptance of a Booking by a Car Owner deduct from your debit/credit card (together with any applicable VAT):
22.3 We will also pre-authorise your card in the sum of £510.00 in respect of the £500.00 excess (and £10.00 administration fee) payable under the Insurance Policy (where you have not paid the waiver fee to the Broker). This will only be withdrawn from your payment if a claim is made under the Insurance.
22.4 We also reserve the right to deduct from your credit/debit card automatically and without notice to you, any compensation, payable in the event of any breach of these Terms; and/or any other sums payable under these Terms including any traffic fine where you have failed to pay the same or failed to give the relevant notice of payment or transfer of the same to the Car Owner.
22.5 Any insurance excess collected at the time of a Booking will be returned to you within 7 days of completion of the Experience, provided We or the Insurer have not been notified by you or the Car Owner of any claims under the Insurance. In the event of a claim by you under the Insurance, we shall transfer, without notice to you, the excess that we have deducted from your debit/credit card to the Insurer.
23. Taxes
23.1 Any payment made directly to Us (for example, the Booking Fee) is shown inclusive of VAT.
23.2 It is the responsibility of Car Owners to collect and pay takes on any sales made through Our Marketplace.
23.3 Where any tax, for example VAT, forms a part of the price of the Experience on Our Marketplace, the tax must be included in the price of the Experience.
23.4 If a Car Owner is VAT registered, they may be required to charge VAT on the Experiences that they sell on Our Marketplace.
23.5 For further information on VAT and other taxes in your location, please contact your local tax authority.
24. Provision of the Experience
24.1 The Experience will take place at the time, location, and for the duration as agreed between you and the Car Owner.
24.2When contracting with a Car Owner on the day you should:
24.3 Whether you submit a Booking as a Driver or a passenger, the Car Owner must remain with the car at all times.
24.4 You should take with you in the day of the Experience your:
The Car Owner has the right to refuse the Experience if these are not presented.
24.5 There may be slight variations in colour between the image of a car due to differences in computer displays and lighting conditions.
24.6 As a Driver of the car you agree that you will not:
24.7 You agree that, for the duration of the Experience where you are the Driver, you will be solely responsible for any road tolls, congestion charges, traffic or speeding offence penalties, parking offence penalties, clamping fees and or other offences or fines incurred.
24.8 You are responsible for maintaining same level of cleanliness inside the car from the start of your Experience to the end. Pets or other passengers are not allowed in cars without the Car Owner’s explicit consent.
24.9 If you have booked an Experience as a Driver:
25. Problems with Transactions and Your Rights
25.1 As required by law, if a Car Owner is deemed to be acting in the course of a business, they are then obliged to provide their services with reasonable skill and care, as well as providing the services which were contracted for.
25.2 Where a Car Owner is not deemed as acting in the course of a business, they must not misrepresent the Experience that is being offered and must provide the Experience that you have Booked.
25.3 If you enter into a contract with the Insurer, they are obliged to provide their services with reasonable care and skill and have in place a full complaints procedure.
25.4 If you have any cause of complaint about a Car Owner the Experience or the Insurer then you should contact the other party immediately.
26. Problems with Our Service and Consumers’ Legal Rights
We will provide Our service to you with reasonable care and skill, consistent with best practices and standards in Our market, and in accordance with any and all information provided by Us about Our services and about Us. We always use reasonable endeavours to ensure that Our services are trouble-free. If, however, there is a problem with your Account or any other aspect of Our services, please contact Us as soon as is reasonably possible using the contact details set out at Clause 2.
27. Your Account Cancellation Rights
You may close your Account at any time by emailing us at [email protected].
TERMS THAT APPLY TO CAR OWNERS
28. General
The Terms set out below relate specifically to you however, these should be read in conjunction with Clauses 17-27 (Experiencer Terms) which set out the rights and liabilities of Experiencers, when they can and cannot cancel, and what they can expect from you.
29. Accounts and Restrictions
29.1 Our Site will guide you through the process of requesting an Account.
29.2 You may only advertise on Our Marketplace if you
(i) are recognised by DVLA as the registered keeper of the car listed; and
(ii) hold a full and valid UK driving licence.
29.3 You may register more than one suitable car as being a car available to Experiencers.
29.4 We may, during the registration process, conduct searches of third party vehicle and credit databases in order to corroborate information submitted by you. We reserve the right to reject any attempt to register a car in the event that We reasonably believe that such car does not comply with the conditions specified in Clause 31.1 “Condition of Cars” below, or if you are found to not be the registered keeper (with UK DVLA).
29.5 If you provide Us with incorrect or incomplete information We will be unable to process your Account request.
29.6 We reserve the right, at our absolute discretion, to refuse or withdraw (without notice) an Account without having to provide a reason.
29.7 You will only be able to upload details of the Experience on Our Site once we have accepted your Account request.
29.8 In relation to each car that is registered by a Car Owner, you must ensure that use of the car by Experiencers will not breach any agreement with any third parties, and during each Booking, and at all times, you must comply with the Minimum Specification requirements.
29.9 If you wish to close your Account, you may do so by following the instructions within your Account.
30. Experience Listings
30.1 You shall, in each Experience Listing set out:
30.2 Experience Listings will remain on Our Site until such time as you close your Account.
30.3 You agree that you will be solely responsible for your Experience Listing and its content. We accept no responsibility for the content you upload. Specifically, you agree, represent, and warrant that you have the right to submit the Experience, that all the information in the Experience Listing is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that the Experience Listing will comply with Our Acceptable Usage Policy, detailed in Clause 11.
30.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under this Clause 30 and you will be responsible for any loss or damage suffered by Us as a result of such a breach.
30.5 You retain ownership of the content of your Experience Listing and all intellectual property rights subsisting therein. By submitting an Experience Listing, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence that information for the purposes of operating and promoting Our Site.
30.6 Your Content must not advertise alternate locations from which your Experience can be purchased (including any other e-commerce sites), thereby avoiding Our Commission.
31. Condition of Cars
31.1 It is your sole responsibility, when you allow an Experiencer in your car, to ensure that it is safe. This means that the car must meet the Expected Minimum Specification and that it is roadworthy. "Roadworthy" means that the car meets or exceeds the following minimum standards:
(a) no dashboard warning lights (other than handbrake and seatbelt warning lights as appropriate) remain lit after the car is started;
(b) the car exhibits no evidence of leakage of fuel, lubricants or brake fluid;
(c) the car's windscreens and windows are not excessively tinted and are free from cracks that may obscure the driver's field of view;
(d) all of the car's external lights are fully operational, their lenses are undamaged and the headlights are properly adjusted to avoid dazzling oncoming vehicles;
(e) the car's tyres (including the tyre on the spare wheel) have a tread depth of at least 1.6 mm across the central three-quarters of the breadth of the tread and around the entire circumference, and are inflated to the manufacturers recommended PSI;
(f) the car's manual, jack, wrench, locking wheel-nut key and spare wheel are present in their correct storage compartments;
(g) the car is clean and tidy inside and out; and
(h) the car has a current valid UK MOT certificate if required by law.
(i) the car is owned and registered to a private individual
(j) the car is insured to drive on a public highway via a private car policy issued to you, being the registered keeper of the car.
31.2 If an Experiencer feels the condition of the car does not meet the criteria set out at Clause 31.1 s above at the beginning of the Experience, the Experiencer may cancel the Experience if the Experiencer substantiates their claim. You will also be subject to a cancellation fee which will correspond appropriately with any expenses incurred, with a cancellation fee of £50.00.
32. Bookings
32.1 Our Site will guide you through the Booking process.
32.2 In the first instance, the Experiencer must submit a Bookings request. Requests for Bookings may be submitted by Experiencers up to 28 days from the date of the Bookings request.
32.3 Booking requests will remain open for a maximum of 48 hours before the start of the Experience, but can be withdrawn at any time by the Experiencer.
32.4 If a Booking request is not confirmed by you at least 48 hours before the day of the Experience, it shall automatically expire.
32.5 You may accept a Booking request at your absolute discretion.
32.6 If you wish to accept a Booking request you will need to submit a Booking Confirmation by email to the Experiencer. Only at that point will there be a legally binding contract between you and the Car Experiencer.
33. Cancellations
33.1 If an Experiencer cancels a Booking:
33.2 If the Experiencer cancels a Booking because they become aware of Car Exclusion Circumstances the Experiencer will receive a full refund, and you will be liable to pay Us a cancellation fee of £40.00. of which £20.00 We will apply as a credit to the Experiencer’s Account.
33.3 If you cancel a Booking you agree that the Experiencer will receive;
You may also be obliged to pay the Experiencer further losses as required by law as a result of your breach of contract
33.4 Refunds will not be given to Experiencers where you cancel the Experience due to any breach by the Experiencer of these Terms, including, but not limited to, becoming aware that the Experiencer falls with the Driver Exclusion Circumstances.
33.5 Outside of Driver Exclusion Circumstances and Car Exclusion Circumstances, Bookings may only be cancelled using the booking cancellation tools made available on Our Site. To cancel a Booking on the basis of Driver Exclusion Circumstances or Car Exclusion Circumstances then please contact us via the Contact Us page on Our Site.
34. Car Owner Rules
34.1 You must remain with the car at all times during an Experience, and regardless of whether the Experience is for a driver or passenger ride, you must be in the car at all times.
34.2 You are responsible for obtaining insurance for the car where you are offering passenger rides (see Clause 6).
34.3 For any Driver Experience the Experiencer must provide their own insurance (see Clause 6), and you should request a copy either on the day or, or before the Experience.
34.4 For any Driver Experience, you should consider asking the Experiencer to complete a Condition Report for the Vehicle both before and at the end of the Experience. A Driver can insist that one is completed before undertaking the Experience – a sample can be found here
34.5 You must ensure that there is a sufficient fuel supply in the car to cover the full Experience.
34.6 It is your responsibility to promptly record and report any damage incurred during an Experience to the Insurer.
35. The Experience
Please see Clause 7.
36.1 We will charge you Commission of 20% plus VAT (at the prevailing rate) of the Experience Fee for each Booking submitted to you by an Experiencer through Our Site.
36.2 Any and all actions designed to avoid the payment of any fees described in these Terms are strictly prohibited.
36.3 We reserve the right to change the level of Commission upon the giving of 28 days’ notice.
37. Payment Service
37.1 All Payments on Our Marketplace are made through the Payment Service provided by Our Third Party Payment Service Provider.
37.2 Your use of the Payment Service requires an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before taking payments on Our Marketplace.
37.3 By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Marketplace with the Third Party Payment Service Provider.
37.4 You will need to ensure that you are fully aware of the payment methods accepted through the Payment Service.
37.5 If We receive notice from the Third Party Payment Service Provider that your use of Our Marketplace or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Marketplace, and/or the suspension or termination of your Account on Our Site.
37.6 The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.
38. Payments from Experiencers
38.1 All payments are processed using the Payment Service described above in Clause 37.
38.2 When an Experiencer submits a Booking and pays for the Experience, their payment will be processed by the Third Party Payment Service Provider who will then automatically deduct the Commission. The remaining payment will then be made to your designated bank account/credited to your Payment Service Account within 7 days of the fulfilment of the Experience.
38.3 The Experiencer will be obliged to pay for the Experience in full at the time of submitting a Booking.
38.4 We will not make any Experiencer’s payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to you at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.
39. Payments to Us
39.1 The Commission that is payable to Us will automatically be deducted from the payments received from Experiencers – see Clause 38.2.
39.2 If you believe that We have charged you an incorrect amount, please contact Us immediately.
40. Taxes
40.1 It is your responsibility to collect and pay applicable taxes on any sales made through Our Marketplace.
40.2 Where any tax, for example VAT, forms a part of the price of any Experience on Our Marketplace, the tax must be included in the price of the Experience.
40.3 For further information on VAT and other taxes in your location, please contact your local tax authority.
41. Problems with Transactions and Experiencer’s Rights
41.2 If you are not deemed to be acting in the course of a business, you must not misrepresent the Experience that is being offered and must provide the Experience offered.
41.3 If an Experience does not conform with the requirements of the Experience as set out in these Terms, the Experiencer must contact you as soon as reasonably possible to inform you of the problem. The Experiencer may then have the right to request repeat performance or, if that is not possible or done within a reasonable period of time without inconvenience to the Experiencer, they may have the right to a reduction in price, or even a full refund.
41.4 Refunds (whether full or partial, including reductions in price) under this Clause 41 must be issued within 14 calendar days of the day on which you agree that the Customer is entitled to a refund.
41.5 Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
42. Your Account and Cancellation
42.1 You may close your Account and cancel your agreement with Us at any time by emailing us at [email protected].
42.2 Any outstanding sums due and payable to Us (including, but not limited to, Commission) will remain payable by the original due date and your Account will not be fully closed until all sums due to Us have been paid.
42.3 If We have done something wrong, you may be entitled to cancel and receive a refund of certain sums paid for services that have not been provided to you. You may also be entitled to compensation. This may apply in the following circumstances:
42.4 We reserve the right to close your Account without notice to you if your Account remains inactive for a period of 12 months or more.
43. Experiencer Reviews
43.1 Experiencers will have the ability to publish reviews on Our Site in regards to the Experience that you provide.
43.2 Experiencer reviews shall automatically be published without prior notice to you. If you object to the contents of a Member review, you must notify us of such objection in writing within 14 days of publication of the Experiencer’s review providing any evidence supporting its contrary views/objections.
43.3 We will consider your objections and any decision to remove the relevant review will be at our absolute discretion and that decision is final. Any Experiencer review that cannot be proved to the contrary shall stand as the reasonable opinion of the Experiencer.
43.4 We will not monitor Experiencer reviews but if we are made aware of any review that we consider to be inappropriate, defamatory, vulgar or abusive, to contain any advertising or marketing of any kind, or may disclose a person’s identity or personal details then we will remove the review.
43.4 If, in our reasonable opinion, Experiencer reviews reflect low standards of the Car Owner or the Experience, we reserve the right to investigate any such reviews and/or may suspend or terminate your Account without written notice to you.
44. Ranking
We may determine the ranking of any Experience or Profile at our absolute discretion.
