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1. GENERAL CONDITIONS

1.1.    In this document references to "we", "us" or "our" are to the company, firm or organisation who will carry out the Service.

1.2.    References to "you" or "your" are to the individual who has requested the Service.

1.3.    References to a "Consumer" have the same meaning as set out in the Unfair Terms in Consumer Contracts Regulations 1999.

1.4.    References to "CarTakeBack" are to CarTakeBack.com Limited (a company registered in England and Wales with company number 04500288 whose registered office is at Bankfield House, Bankfield Mill, Regent Road, Liverpool, Merseyside L20 8RQ) who act as our agent in putting us in touch with you and providing your Unique Reward Code to you on our behalf.

1.5.    References to "Official Partner" are to the company or firm who will provide the "Trade Your Transport Reward" (meaning the products and/or services placed on offer by the Official Partner for which your Unique Reward Code can be redeemed) which you have selected and references to a "Unique Reward Code" are to the unique code which CarTakeBack will provide to you (once we have given them confirmation that your vehicle has been accepted in accordance with these terms) which you can then use in exchange for your Trade Your Transport Reward.

1.6.    References to "Reward Terms" are to the terms on which your Trade Your Transport Reward will be made available to you by the Official Partner and which will form the basis of the legal relationship between you and the Official Partner.  Please note that the Reward Terms may be updated by the Official Partner from time to time.  If you have any queries in relation to whether you have the latest set of Reward Terms relating to your chosen Trade Your Transport Reward please contact CarTakeBack on 0844 669 0996 or at info@CarTakeBack.com.

1.7.    References to "Service" mean the service that we will provide to you following your acceptance of a Service Offering, as further described in paragraph 3 below.

1.8.    References to a "Request" mean the request that you make to CarTakeBack for the provision of the Service and references to "Service Offering" mean the estimate or offer (as further described in paragraph 4) to provide the Service that CarTakeBack will provide to you, on our behalf, in response to a Request pursuant to which (if accepted) we will provide the Service to you.

2. FORMATION

2.1.    This document sets out the terms and conditions that apply to the provision of the Service.  It is our intention that the Service is provided by us and accepted by you on these terms.  You may want to print a copy for future reference.  As a Consumer if you wish to rely on any variation to these terms then you should ensure that the variation is notified to us in writing before issuing any instructions to us to carry out the Service.

2.2.    As you have chosen to receive a Trade Your Transport Reward in return for your vehicle, this document also sets out the terms and conditions that apply to the Trade Your Transport scheme, which is managed by CarTakeBack.  It does not, however, set out the terms that apply to the particular Trade Your Transport Reward that you have selected.  CarTakeBack has Official Partners from whom Trade Your Transport Rewards can be selected and redeemed.  The terms and conditions that apply to the Trade Your Transport Reward that you have selected can be found in the Reward Terms of the relevant Official Partner.  Please note that it is a condition of entering into this TYT Agreement that you accept the relevant Reward Terms.  Please see paragraph 6.9 for further information.

2.3.    CarTakeBack may withdraw or vary the format of the Trade Your Transport scheme at any time prior to your acceptance of a Service Offering.  If CarTakeBack withdraws or varies the Trade Your Transport scheme after you have made a Request but before you have accepted a Service Offering, CarTakeBack shall contact you to discuss the impact of its proposed withdrawal or change to the Trade Your Transport scheme with you.

2.4.    It is intended that the Trade Your Transport scheme only be for consumer use.  For the avoidance of doubt, if you are a legal entity acting in the course of business or are an individual acting for purposes which are related to your trade, business or profession, you will not be eligible to take part in the Trade Your Transport scheme.

3. SERVICE

3.1.    The Service that we will provide to you includes the following as standard:

3.1.1.  treatment of your vehicle at an authorised treatment facility in accordance with the UK end of life vehicle regulations;

3.1.2. the issue of a DVLA Certificate of Destruction;

3.1.3. the recycling of your vehicle; and

3.1.4. the permanent removal of your vehicle from the road.

3.2.    In addition to the above, we are also able to arrange for your vehicle to be collected from a specified location within the UK (excluding the following postal districts HS1, HS2, HS3, HS4, HS5, HS6, HS7, HS8, HS9, IV21, IV22, IV23, IV26, IV27, IV28, IV40, IV41, IV51, IV52, IV53, IV54, IV55, IV56, IV63, KA27, KA28, KW15, KW16, KW17, KW8, KW9, PA20, PA28, PA29, PA30, PA31, PA33, PA34, PA35, PA36, PA37, PA38, PA41, PA42, PA43, PA44, PA45, PA46, PA47, PA48, PA49, PA60, PA61, PA62, PA63, PA64, PA65, PA66, PA67, PA68, PA69, PA70, PA71, PA72, PA73, PA74, PA75, PA76, PA77, PA78, PH30, PH31, PH34, PH35, PH36, PH37, PH38, PH39, PH40, PH41, PH42, PH43, PH44, PH49, PH50, SA70, TQ6, TR21, TR22, TR23, TR24, TR25, ZE1, ZE2, ZE3 - as may be updated from time to time, Please check the Trade Your Transport website or telephone CarTakeBack for the most up to date list of excluded postal districts) and delivered to the authorised treatment facility.  You will have discussed this option with CarTakeBack at the time that you accepted a Service Offering.

4. SERVICE OFFERING

4.1.     If you want us to provide the Service, then you will submit a Request for the Service to CarTakeBack and, if your vehicle appears (initially) to be eligible for the Service then CarTakeBack may provide a Service Offering to you in return.  We will then get in touch with you in order to finalise some details.

4.2.    When you make a Request you will be asked to provide CarTakeBack with the following details: your name, address and other contact details (to include a valid email address to which CarTakeBack can deliver your Unique Reward Code), details of your vehicle (on which we may undertake checks), its condition and, if you require us to collect your vehicle, its location.

4.3.    By making a Request you consent to the collection, use and transfer of the information that you provide to CarTakeBack in accordance with these terms and conditions.

4.4.     The information that you provide to CarTakeBack (and which CartTakeBack will provide to us) will enable CarTakeBack to put us in touch with you, allow us to provide the Service to you and also allow the Official Partners to provide you with the Trade Your Transport Reward that you have selected.  You acknowledge and agree that we may make available or disclose to third parties information about you in connection with any of these purposes.  We will retain the personal information provided by you for as long as is reasonably necessary for the purposes of providing the Service and the Trade Your Transport Reward that you have selected.

4.5.    The information you provide to CarTakeBack will be held on our computers in the UK and may be accessed by or given to our staff, to any member of our group of companies and/or third parties for the purposes set out in these terms and conditions or for other purposes approved by you.

4.6.    Once you have accepted the Service Offering we may contact you to ask you to verify or provide additional information.

4.7.    When CarTakeBack makes a Service Offering to you, it is based on the following assumptions in relation to your vehicle.  The Service Offering is based on your vehicle being:

4.7.1. a Car (category M1) or light Van (category N1) (as per European Commission Directive 2001/116/EC) having a gross vehicle weight no greater than 3500kg and no more than 9 seats;

4.7.2. "Complete" in that it contains all of the components that a person would reasonably be expected to be included within it such as the engine, gearbox, bodywork and catalytic converter;

4.7.3. free from "Significant Damage" such as damage sustained in a collision or as a result of an act of theft or vandalism;

4.7.4. free from any "Additional Waste" such as litter, refuse or rubbish; and

4.7.5. if your vehicle is to be collected by us, "Accessible ", such that it is parked on solid ground with sufficient access for a standard recovery vehicle and with fully inflated tyres.

4.8.    Where you have told us that the conditions in paragraph 4.7 are not met, your vehicle will not be eligible for the Service and we will contact you to tell you, subject to our rights set out in paragraph 4.9 below.

4.9.    If, at any point, the cost to us of carrying out the Service increases due to us becoming aware that the vehicle is not Complete, has Significant Damage, contains Additional Waste, or where the vehicle to be collected is not Accessible (each as referred to in paragraph 4.7 above), then we may cancel the TYT Agreement between us with immediate effect.  We may provide a quotation to you for an alternative service, which you will have a reasonable opportunity to accept.

4.10.    Where we agree that any terms contained in the Service Offering may be varied prior to your acceptance of the Service Offering, then such variations will be confirmed to you along with all other relevant details, prior to us entering into the TYT Agreement with you.

4.11.    Service Offerings are valid for 14 days from the date on which the Service Offering is provided by CarTakeBack to you.  In the event that you do not accept the Service Offering within this period, it will expire.  If you still wish for us to provide the Services, you will need to make a new Request.

5. CANCELLATION

5.1.      Under the Consumer Protection (Distance Selling) Regulations 2000 ("Regulations") consumers are given the right to cancel orders for services during the period of seven working days after the day on which the consumer enters into an agreement for the provision of services with a supplier or, if later, the day on which a consumer receives notice of its right to cancel ("Cooling Off Period").  The Regulations contain several exceptions to the Cooling Off Period.  These exemptions are relevant when, as part of your Request, you ask us to start providing the Service before the Cooling Off Period ends (eg where you have asked us to make arrangements to collect your vehicle or where you drop your vehicle off at our facility and agree we can provide the Service).  Accordingly you acknowledge and agree that when you enter into this TYT Agreement and we come to collect your vehicle from you, or you drop your vehicle off for us to provide the Service, your rights to cancel under the Regulations end at that point in time.

5.2.     Subject to the above, once you have accepted the Service Offering, you may not cancel the TYT Agreement without our consent, which if given will be deemed to be on the basis that you shall be liable to us for the loss of profit and such other reasonable and foreseeable loss as we may suffer as a result of such cancellation (such as, without limit, travel and time costs incurred by us prior to cancellation) and such damages shall be paid by you upon such cancellation.  We shall use our reasonable endeavours to reduce any such damages by an amount to reflect any replacement contract which we are able to carry out as a result of cancellation.

6. UNIQUE REWARD CODE

6.1.     In return for us providing the Service to you, you agree to select a Trade Your Transport Reward from one of the Trade Your Transport Official Partners notified to you by CarTakeBack before you made your Request.  You will need a Unique Reward Code in order to claim a Trade Your Transport Reward.

6.2.    The request for a Trade Your Transport Reward and the provision of a Unique Reward Code is the only "payment" that you will receive for handing your vehicle over to us.

6.3.    Subject to paragraph 6.2 above, by entering into this TYT Agreement you agree to hand over your vehicle to us free of charge (by which we mean without payment of money) and for the avoidance of doubt, there will be no monetary payment made in addition to or in place of the Unique Reward Code, by us or CarTakeBack.

6.4.    Unless otherwise agreed between us, you will receive a Unique Reward Code from CarTakeBack within 14 days of your vehicle being accepted by us.  Your vehicle will be "accepted" when it is received by us at our premises and we confirm that it is eligible for the Service (the conditions for eligibility are set out in paragraph 4.7).

6.5.     Your Unique Reward Code will be delivered to you by email so please ensure that you check your emails (and spam filters) carefully.  Please notify us of any change in your email address.  Neither we, nor CarTakeBack, will be held responsible for the loss of or your failure to receive a Unique Reward Code as a result of out of date or incorrect details.

6.6.     Once you receive your Unique Reward Code you may then exchange it for your chosen Trade Your Transport Reward with the relevant Official Partner in accordance with the Reward Terms.  You will not be able to claim your Trade Your Transport Reward until you have received your Unique Reward Code.

6.7.    Your Unique Reward Code will be specific to the Trade Your Transport Reward that you have selected.

6.8.    Details of how to claim your Trade Your Transport Reward are set out in the Reward Terms and can be viewed at www.tradeyourtransport.com.  You must follow any specified claim procedure in order to claim your Trade Your Transport Reward.  CarTakeBack will endeavour to ensure that the information it displays on the website www.tradeyourtransport.com is correct but shall not be liable in the event that it is not, as this information is displayed by CarTakeBack for and on behalf of its Official Partners.

6.9.    In entering into this TYT Agreement and selecting a Trade Your Transport Reward, you agree to enter into a contract with the Official Partner on the Reward Terms.  You confirm that the Reward Terms were made available to you (on www.tradeyourtransport.com) prior to you submitting your Request  and you agree to use the Unique Reward Code in accordance with those Reward Terms.  Neither we nor CarTakeBack are party to the Reward Terms - they are terms that will apply to your relationship with the relevant Official Partner.  Please check the Reward Terms and claim procedure carefully as they may include important restrictions on how you can use your Unique Reward Code (for example the code may expire after a certain amount of time).

6.10.You shall act honestly and not act fraudulently or deceitfully in claiming Your Trade Your Transport Reward (including, without limit, supplying false or misleading information).  In particular, you must not share your Unique Reward Code with any other person or allow it to be used by any other person.  Your Unique Reward Code is not transferrable and can only be used by the individual whose details were submitted at the time of making a Request (and who subsequently accepted a Service Offering).  In no event shall we or CarTakeBack be responsible for any loss you may suffer as a result of the unauthorised use of your Unique Reward Code (unless caused by our or CarTakeBack's negligence).

6.11.You are solely responsible for keeping your Unique Reward Code confidential and secure at all times.  Please notify CarTakeBack immediately if you become aware of any unauthorised use of your Unique Reward Code.  In the event that you lose or misplace your Unique Reward Code, please contact CarTakeBack.  Unique Reward Codes may be reissued with the same number providing that they have not previously been redeemed.

6.12.Unique Reward Codes can only be obtained and redeemed as set out in this TYT Agreement.  Any other use, award, sale, exchange or transfer of Unique Reward Codes, or any attempt to do so, shall be a serious breach of this TYT Agreement.

6.13.Unique Reward Codes may be cancelled by CarTakeBack if CarTakeBack suspects fraud or misconduct or determines that the Unique Reward Code was obtained or used in breach of these terms and conditions or awarded in error.  For the avoidance of doubt, any advice or actions of our or CarTakeBack's staff that is contrary to these terms and conditions will not have the effect of changing these terms and conditions.

6.14.Unique Reward Codes have no value until redeemed for a Trade Your Transport Reward.  Unique Reward Codes cannot be exchanged for money in any circumstances (including, to avoid doubt, if they expire (you should note that a Unique Reward Code may have a limited period in which it can be exchanged (as detailed in the Reward Terms) after which it will expire)).

6.15.When you redeem your Trade Your Transport Reward with the relevant Official Partner, for security purposes you will need to have your Unique Reward Code and the details that you provided to CarTakeBack (as listed in paragraph 4.2 above) at the time of making your Request.  Please ensure that you have these details with you when you seek to claim your Trade Your Transport Reward.

7. CONDITIONS

7.1.    The following conditions must be satisfied when you enter into this TYT Agreement and also at the time the Service is performed:

7.1.1. the statements and representations made by you are correct and accurate;

7.1.2. you have the legal right to dispose of the vehicle;

7.1.3. the vehicle is free of all charges such as a hire purchase or loan agreement;

7.1.4. you have been given a reasonable opportunity to remove any personal posessions from the vehicle; and

7.1.5.  we have been given a reasonable opportunity to examine the vehicle and confirm that its condition and location are as stated by you when the TYT Agreement was formed.

7.2.    If you fail to comply with any of the conditions set out in paragraph 7.1, then we are under no obligation to continue with the Service and you may be liable for our reasonable and foreseeable losses as if the TYT Agreement had been cancelled under paragraph 5

8. SERVICE STANDARD

8.1.    We will do all that we reasonably can to carry out the Service within a reasonable timescale however we cannot be held responsible for delays due to extreme weather, strikes, lock outs, industrial disputes, acts of god or other circumstances beyond our reasonable control.  If we do not carry out the Service within a reasonable timescale (due to a cause attributable to ourselves) then you will be able to cancel the TYT Agreement without penalty and in such circumstances no Trade Your Transport Reward will be provided.

8.2.    We warrant that the Service shall be carried out with reasonable care and skill.

8.3.    If we are in breach of the above warranty (set out in paragraph 8.2) then we will arrange with you a time for us to re-perform the Service.

8.4.    Nothing in this TYT Agreement shall affect your statutory rights.  If you have any doubts as to your statutory rights then you should contact your local Trading Standards Department or Citizens Advice Bureau.

9. EXCLUSION OF LIABILITY

9.1.    Arrangements for Trade Your Transport Rewards are made directly with the relevant Official Partner and neither we nor CarTakeBack have any responsibility for the delivery, standard, quality or otherwise of any goods and/or services received or supplied or the failure of an Official Partner to honour a Unique Reward Code or make a specific Trade Your Transport Reward available.  Such transactions and all Trade Your Transport Rewards are subject to all applicable legal rules and the relevant Reward Terms (including return conditions, warranties and limitations of liability).  If you have any problems or queries in relation to the Trade Your Transport Reward, please contact the relevant Official Partner directly.

9.2.    We will only be liable for losses that are foreseeable and caused by our own negligence.

9.3.    Nothing in these conditions shall exclude or limit our or Cartakeback's liability for death or personal injury caused by our or CarTakeBack's negligence nor affect your statutory rights.

9.4.    Nothing in this TYT Agreement limits any rights that you may have against the relevant Official Partner that has provided your Trade Your Transport Reward.  Please see the Reward Terms for any applicable exclusions or limitations.

9.5.    We do not take any responsibility for returning any personal possessions found in the vehicle. Any items found in the vehicle will be disposed of at our discretion.

10. YOUR LIABILITY

10.1.    You shall be liable for all loss, damage or injury (whether direct, indirect or consequential) that we (or our employees, agents or representatives) or CarTakeBack (or CarTakeBack's employees, agents or representatives) suffer as a result of your negligent failure or delay in the performance of your obligations under the TYT Agreement.

10.2.    If, as a result of your negligence, we incur any loss or expense as a result of any damage to any of our equipment, then we will seek to recover such losses and expenses from you.

11. GENERAL

11.1.    Any waiver by us in exercising our rights will not restrict us from exercising any of our rights at a subsequent date.

11.2.    If you are a resident in the UK then the relevant UK law will apply to the TYT Agreement and the relevant UK Courts will have exclusive jurisdiction in relation to the TYT Agreement.  If you are not resident in the UK then you agree that English law will apply and the English courts will have exclusive jurisdiction.

11.3.    If any of the terms contained within this TYT Agreement are deemed invalid, void or unenforceable for any reason, they will be severed from the rest of the terms and conditions which shall remain unaffected.

11.4.    Except as provided in paragraph 11.5, a person who is not party to this TYT Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this TYT Agreement.  This paragraph 11.4 shall not affect any right or remedy of any person which exists, or is available, other than under that Act.

11.5.    CarTakeBack and any of our or CarTakeBack's affiliates, directors, employees or representatives may enforce any term of this TYT Agreement which is expressly or implicitly intended to benefit it.

11.6.    If you have any questions regarding the Trade Your Transport scheme, please contact CarTakeBack.

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Playing by the rules makes things easier and fairer for everyone.

Definitions

"City Car Club" is the trading name of City Car Club Limited whose head office and registered address is at Matthew Murray House, 97 Water Lane, Leeds, LS11 5QN.

'Member' refers to anyone who has joined City Car Club.

'Business member' refers to a member who has joined City Car Club as part of a business account.

'Business account' refers to an organisation that has one or more Business members registered to use City Car Club.

"Clubhouse" means City Car Club's Customer Service Centre and Helpdesk reached through 0845 330 1234.

City Car Club accepts the vast majority of applicants, however before becoming a member all applicants must successfully complete a DVLA and credit check. If an applicant fails the DVLA or credit check or any other criteria as outlined in the terms and conditions below, City Car Club will not honor this reward.

Typical DVLA failure points would include:

Too many points or certain endorsements - depending on the nature of the offences, we can accept up to six points on a licence - sometimes up to nine. This will be checked and confirmed during the joining process.

No major motoring convictions in the last five years and no more than three "SP" and "CU" code offences in the last three years.

The applicant must be at least 19 years of age and have held a full driving licence for a minimum of 12 months. There is no upper age limit.  Please note: 19 and 20 year old members pay a compulsory £10 per month to contribute towards the considerably larger insurance premium we incur for younger drivers but the good news is this comes with a reduced excess of only £250.

Non-UK licence holders can be accepted but the licence must be valid to drive in the UK.

1. Member agreement

1.1 Each member agrees to comply to the club rules. City Car Club reserves the right to take possession of its vehicles at any time if rules are broken.

1.2 The driving credit should be used up within 12 months of becoming a member.

2. Business accounts

2.1 Members of business accounts are expected to adhere to the terms and conditions as set out in this document. However financial liability for all acts committed by a business member lies with the employing organisation with whom City Car Club has the contractual arrangement. Business accounts can agree different pricing structures and terms which will be outlined in detail when their business account is opened. Where an exception is not detailed the prices, procedures and processes outlined in these terms and conditions apply. By entering in to a contractual agreement through the online acceptance of these terms and conditions, and enabling their employees to use the City Car Club service the employing organisation agree to honour the terms of this agreement on behalf of their employees.

2.2 In the case of a business membership, it is the business account that agrees to pay all monies due against all members of the account.

2.3 It is the responsibility of the business account to inform City Car Club if a member of the business account leaves the organisation and in this case the business must return the member's membership card to City Car Club. Failure to do this will leave the business account liable for any charges incurred.

3. Collection

3.1 Prior to driving off, the Member agrees to:

Inspect the vehicle for any damage either inside or outside the vehicle. Any damage not shown on the previous damage report? Please call the Club House on 0845 330 1234.If you drive off with the damage unreported, you will be responsible for it.

3.2 Once you gain access to a vehicle you are responsible for it until it is returned to its designated parking space, you end the booking on the system and lock the vehicle using your membership card.

4. Return

4.1 The vehicle must be returned by the agreed time and date to the designated parking space. Should the designated parking space be blocked by another vehicle, you must call the Clubhouse for instructions on where the car can be legally parked.

4.2 You must return the vehicle's keys to the designated location within the car, remove all personal possessions and follow the instructions in the User Manual for terminating the booking and agreeing to the time and miles travelled.

4.3 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.

5. Annual Membership Fee

5.1 Members agree to pay an annual membership renewal fee of £50 (private members), £25 (partners), or £30 (business members). This payment will be levied on the anniversary date you joined the club and will be automatically added to your Direct Debit payment in that month.

Members who joined City Car Club before 1st June 2008 are classed as Founder Members and are not required to pay an annual membership renewal fee.

Please note, all prices are inclusive of VAT.

6. Charges for late return

6.1 If you do not return the vehicle by the agreed time and date to its designated parking space, City Car Club is entitled to charge you at the agreed rate plus any applicable charges (see Club Rules 6 - Other Charges), until the vehicle is either returned or recovered.

7. Charges for return of vehicle in poor condition

7.1 If you do not return the vehicle in the same condition as it was on collection, City Car Club will be entitled to charge you for the cost of professional cleaning, and/or servicing the vehicle (including the cost of spare parts), in addition to the charges arising under clause 6.

8. Driving Credit

8.1 Any driving credit applied to your account in conjunction with the joining fee or a specific promotion, is only valid for a duration of 60 days or otherwise if advised.

9. Payments:

9.1 Invoices are payable via Direct Debit, debit or credit cards only (unless otherwise mutually agreed between City Car Club and the Member).

9.2 Current rental rates, mileage charges, other charges and penalties are always clearly displayed on the City Car Club website. These charges may change at any time without prior notice being given to the Member.

9.3 Should payment of any invoice be declined or is unpaid for any reason, City Car Club reserves the right to suspend or cancel Membership until full payment is made.

9.4 The Member's signature to this Agreement, or online acceptance of City Car Club's Terms and Conditions, shall constitute authority for City Car Club to compute and debit all monies due against the Member's nominated credit/debit card or bank account at any time. This includes charges due as a result of theft of, or damage to, the Vehicle, any fines, administration charges or court costs for parking and traffic offences as described in section 10, any Penalties or any other costs arising due to the Member's use of the Vehicle.

9.5 City Car Club reserves the right to take payment from any payment card or payment method provided by the Member to settle any unpaid invoices/outstanding balances

9.6 All invoice queries must be raised within 14 days from date of invoice.

9.7 All damage, insurance excess, traffic and parking offences and associated administration fees fall outside of normal credit terms and must be paid by return upon notification of charges.

9.8 For Business accounts, City Car Club reserves the right to charge Interest on any debt that is outside agreed terms of credit. The Late payments of Commercial Debts (Interest) Act 1998 will be applied under such circumstances unless otherwise agreed.

10. Other Charges

10.1 City Car Club is a club with members and as such tries to avoid charging outside usage charges. However, in order for the club to function correctly for all Members, City Car Club has the right to charge certain penalties in those cases where Members do not follow the rules of the club either intentionally or unintentionally. The final decision on whether to raise the extra charge lies solely with City Car Club.

10.2 Full details of all the charges are as shown in the current Tariff List: Other Charges.

a) The agreed hourly charges as they may apply from time to time for the period including authorised and unauthorised extensions;

b) Any applicable booking charges;

c) Any applicable penalty charges;

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

e) Any fines, penalties, court costs or other expenses imposed on City Car Club by law, arising from the use of the vehicle while on hire to you, unless due to the City Car Club's fault, which shall not relieve you or any other person of direct responsibility to any public authority for your unlawfulness;

f) City Car Club's costs, including reasonable legal fees and administration charges incurred in collecting amounts due from you under this Agreement;

g) Any amounts due under any clauses in this Agreement relating to the loss or damage of the vehicle;

h) Any sums incurred by the City Car Club in connection with the recovery of the vehicle, or otherwise incurred by the City Car Club due to your acts or omissions.

11. Responsibility of the user

11.1 You are responsible for the agreed excess of any damage howsoever caused. In the event that the damage is not reported to City Car Club by you the insurance excess may be doubled.

11.2 You are responsible up to the agreed excess for any costs of repairs to the windscreen or body glass.

11.3 You are responsible for the insurance excess towards any costs related to the theft of the vehicle whilst in your custody or control, if no negligence is proved. This contribution will be doubled if you are found in City Car Club's discretion to have been negligent.

11.4 You are responsible for paying for any permits to park the vehicle during the hire period as well as any tolls or charges levied as a result of using the vehicle.

12. Care of the vehicle

12.1 You must look after the vehicle, making sure it is locked and secure when not in use, use the correct fuel and set and use any security device fitted.

12.2 You must monitor the oil warning light and temperature gauge during your trip. Any warnings must be reported to our 24 hour helpline immediately.

12.3 You must inspect the tyres on each booking and check that they appear correctly inflated.

12.4 You are responsible for keeping the vehicle sufficiently supplied (always above one quarter of a tank of each type of fuel) with the correct fuel. (Each car has its own fuel card).

12.5 You are responsible for ensuring that the vehicle interior is left clean and tidy before it is returned.

12.6 You are responsible for the Membership Card issued to you and undertake not to allow it to be used by any other person including other Members. You must notify City Car Club immediately if the Membership Card is lost or stolen.

12.7 You are responsible for keeping secret the PIN issued with the Membership Card and should on no account keep a written record of it in a form that might be recognised by an unauthorised person.

12.8 City Car Club may make a charge for supply of a replacement Membership Card (see Terms & Conditions - Other Charges).

13. Conditions of use

13.1 You must not allow the vehicle:

a) To be used to smoke in;

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

c) To be used to propel or tow any vehicle, trailer or other object;

d) To be used to take part in any race, rally, pace making, trials, speed testing or other contest;

e) To be used for motor trade use;

f) To be used while the driver is under the influence of alcohol, drugs, or any other substance impairing their consciousness or ability to react; in contravention of any traffic regulations;

g) To be driven by any other person who has not first been authorised by City Car Club.

h) To drive or be driven outside England, Scotland, and Wales without the permission of City Car Club.

i) To be used to convey pets or any other animals.

13.2 Failure to comply with the conditions of use may result in the charge of penalty payments or the recovery of the vehicle without notice at your expense.

13.3 You agree to notify City Car Club immediately (or at least 48 hours before the next booking, in any event) if any of the following events occur:

a) You are involved in an accident involving a vehicle that you are driving (whether or not a City Car Club vehicle);

b) Your driving licence is endorsed;

c) Your occupation changes to that of the restricted occupation - professional sports people or professional entertainers; occupations connected with gambling or betting; foreign service persons based in the UK.

d) You suffer from a health related complaint that restricts your ability to drive safely.

13.4 You agree that you have read and understood the User's Manual and the procedures contained therein, and the conditions relating to the use of the vehicle, the security of the vehicle, and the use and care of your Membership Card, and keys for the vehicle.

13.5 Credit Limit

All members, (excluding corporate users with 5+ members), are automatically given an initial credit limit of £150 which will remain in place for 3 months. After 3 months, the credit limit will be reviewed based on usage and payment history. Once £150 has been exceeded, City Car Club will call / e-mail / write to you to request a payment on account, to bring your account back under your credit limit. If this payment is not received then City Car Club will temporarily suspend your account until payment is received.

14. Insurance and eligibility of membership

14.1 City Car Club has insurance coverage for the persons using the vehicle with our permission (and not otherwise) in accordance with a Comprehensive Motor Insurance Policy. This policy meets all applicable statutory requirements and protects the owner and/or authorised driver of the vehicle against any legal claims from third parties for personal injury or material damage caused by the use of the vehicle.

14.2 Applicants over the age of 19 will be considered for membership subject to internal approval by City Car Club and the approval of its insurers. The final decision on whether to accept an applicant for membership rests with City Car Club and City Car Club is under no obligation to disclose its reasons for declining membership.

14.3 In certain circumstances an applicant may be accepted on special terms (e.g. a higher insurance excess or an additional insurance premium). The applicant will be notified of such special terms in writing and will be asked to sign the special terms for agreement before membership is completed.

14.4 You waive all rights to and agree that City Car Club or persons acting on its behalf will conduct negotiations and agree any settlement with the insurers and that any monies in respect of vehicle loss or damage will be paid to City Car Club or such persons as City Car Club may direct.

14.5 Members who do not have a UK driving licence must comply with the legal requirements for driving in the UK on a foreign licence. Failure to do so could mean that you are no longer covered by our insurance.

14.6 You must continue to meet all City Car Club's licence requirements whilst you are a member and it is your responsibility to notify us of any changes to your licence status, including any points or endorsements. Failure to notify us could mean you are no longer covered by our insurance.

15. Accidents

15.1 You must report any traffic accident involving personal injury, and any loss, damage, or theft to the police immediately and to City Car Club as soon as practically possible, the police reference number allocated must be provided.

15.2 You must not admit liability or guilt in the event of an accident, or promise to pay any third party, or attempt any repair. A City Car Club accident or theft report form must be fully completed on request. If you do not comply with this request, insurers may refuse the claim.

15.3 You agree to co-operate with City Car Club and its insurers in any investigation or subsequent legal proceedings.

16. Personal property

16.1 City Car Club is not liable to you or any passenger for loss or damage to property left in the vehicle either during the period of hire or thereafter. Such property is left entirely at your or your passenger's own risk. You are not covered by City Car Club's insurance for the theft of possessions or valuables from the vehicles.

17. Credit reference agencies

17.1 We may share information with credit reference agencies (CRAs) to verify your identity and check your credit history. This information will be used to assess your application to join and use the services of City Car Club. The CRAs will record details of your application which will form part of your credit history whether or not you proceed and if you make several applications for credit within a short period of time, this may temporarily affect your ability to obtain credit.

18. Data protection

18.1 Members agree to City Car Club processing any personal information that they provide. Members also consent to City Car Club maintaining this personal information for marketing purposes, statistical analysis and credit control.

18.2 City Car Club will only provide Member's personal information to a third party for the specific purpose of improving service standards, recovering outstanding payments or in relation to insurance claims.

18.3 Members are entitled to view their personal information and to make any necessary amendments to ensure the information is up-to-date. From time to time, City Car Club may notify Members of particular offers and services, including those of business partners unless a Member objects in writing.

18.4 By accepting this agreement, a Member gives their consent to allow City Car Club to conduct ID verification at any time.

18.5 If a member breaches this Agreement, their personal data may be disclosed or passed to third parties to assist recovery procedures.

19. Indemnity

19.1 To the extent allowed by law, you agree to indemnify and hold City Car Club harmless against any claims in connection with operation of the vehicle, any damages suffered by, including without limitation, the fines and other consequences referred to in clauses 4, 5 and 6 above, or any matters which are the consequences of your acts or omissions.

19.2 To the extent allowed by law, City Car Club expressly disclaims any liability for damage or loss of any kind suffered by you or any third party, unless it has been proven that City Car Club is at fault.

20. City Car Club's obligations

20.1 City Car Club agrees to be bound by the club rules as listed in this Agreement and acknowledges that you reserve the right to terminate the Agreement at any time without demand at City Car Club's expense if the terms of this Agreement are breached.

20.2 City Car Club agrees to provide the minimum service provision, which is defined as follows:

21. Vehicle Provision

21.1 City Car Club, will ensure, as far as is reasonably possible and in accordance with the Agreement, that the vehicle is in a roadworthy condition and is regularly serviced.

21.2 Vehicles are made available (according to the agreed club rules) to you from designated parking stations from the booked start time, and are accessed by the use of a Membership Card which is unique to you. Once the vehicle has been checked for external damage and internal neglect, and where appropriate relevant details have been entered in the logbook, you can then use the vehicle in accordance with the agreed club rules.

21.3 In the event of a vehicle breakdown occurring, and once you have requested assistance, a designated breakdown service provider will attend to the vehicle (according to the club rules arranged with City Car Club).

21.4 Vehicles can be booked via the Club House or by contacting City Car Club directly using the Internet. The Club House can be contacted at specified times (see User Manual) for bookings, general enquiries, reporting theft, or damage of any other nature using the contact details shown in the current User Manual. To access a vehicle, bookings must be made according to the club rules set out in the User Manual. If your requirements cannot be met, the Club House will endeavour to offer an alternative but cannot guarantee to meet all your requirements.

22. Vehicle location devices

22.1 All City Car Club vehicles are fitted with tracking devices and can be tracked at any time. The tracking devices will only be used by City Car Club in the event of theft or failure to return a City Car Club vehicle at the end of a booking period.

22.2 City Car Club will use the tracking information solely for the purpose of recovering lost or stolen vehicles and will share this information with the Police or other authorities or companies as necessary. Any Member who is not willing to drive a vehicle which can be tracked or located in this way for these purposes should notify City Car Club immediately

23. Changes to this Agreement

23.1 Any changes to the club rules of this Agreement will be notified to you by City Car Club and accepted by you.

24. Term of this Agreement

24.1 This Agreement shall remain in force for a period of at least three months. City Car Club must give at least one month's notice of their intention not to renew the Agreement.

24.2 This Agreement may be terminated with immediate effect by you in the event that City Car Club breaches any of the terms of this Agreement.

24.3 This Agreement may be terminated with immediate effect by you in exceptional circumstances with the agreement of City Car Club.

24.4 This Agreement will be terminated if superseded by a new contract between the you and a new car club operator (in agreement with City Car Club, and you).

25. Law and jurisdiction

25.1 This Agreement shall be governed by and construed in accordance with English Law. Any proceedings arising in connection wih this Agreement shall be submitted to the exclusive jurisdiction of the English courts.

26. Assignment

26.1 You shall not be entitled to assign or otherwise transfer any of your rights or obligation under this Agreement.

 

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Once your car has been confirmed as collected by the recycling centre, you will be issued with a unique reward code via email within 14 days.

On receipt of your unique reward code you should follow these instructions:

• If you're an existing City Car Club member you should e-mail marketing@citycarclub.co.uk or call 0113 394 3983 quoting your unique reward code
• If you're new to City Car Club you should complete the online form available at www.citycarclub.co.uk/tradeyourtransport quoting your unique reward code.
• The driving credit should be used up with 12 months of becoming a member.

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