E-CAR CLUB MEMBER TERMS AND CONDITIONS

Transcription

1 E-CAR CLUB: MEMBER TERMS AND CONDITIONS E-Car The Electric Vehicle Car Club October 2012 Member Terms and Conditions E-CAR CLUB MEMBER TERMS AND CONDITIONS The registered office of E-Car Club Ltd - a private limited company, registered in England and Wales with number is 14 Marshalsea Rd, London, SE1 1HL.

2 Table of Contents E-Car Club Membership Contract... 3 Schedule 1: Club Rules Schedule 2: E-Car Rates Schedule 3: Additional Charges Schedule 4: Privacy Policy... 19

3 E-Car Club Membership Contract Last Revision: October 2012 Version: 1.1 This Contract is a car sharing contract between E-Car Club Ltd and the Member. All Members are required to accept and comply with the terms and conditions set forth herein. By accepting the terms and conditions of this Contract and by using E-Car Club s services you unreservedly accept and agree comply with the terms and conditions detailed below, and as may be amended from time to time by E- Car. FOR THE AVOIDANCE OF DOUBT - IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS CONTRACT, THEN YOU ARE NOT AUTHORISED TO USE ANY E-CAR CLUB VEHICLES OR SERVICES. If you have any questions regarding this Contract, please contact us via at [email protected] or by telephone at +44 (0) E-Car reserves the right to change the terms of this Contract, including all addendums and Schedules. E-Car agrees to give notice of such changes to the Member in a timely manner. Notice to Members shall be considered given when such notice is indicated and accessible on the E-Car home page, or is sent by to the Member address provided to E-Car in the Member's application or at a later date by updating their member details. If you are a Member, and you so request by to us at the address provided above, we will you a notice of the amended terms and conditions. You agree that the amended terms and conditions of this Contract shall be effective and binding on you upon the effective date indicated in such notice unless you terminate your E-Car membership within fourteen (14) days of receipt of notice from E-Car, in which case E-Car will refund a prorated portion of the Member's annual membership fee for the year in question. 1. Definitions In this Contract, the following definitions apply: Primary Member: The individual responsible for paying all fees and additional charges associated with membership. These will include joining fees, usage fees and subscriptions or additional charges where applicable. Full details can be found in the schedules below. Secondary Member: Any Member approved by E-Car and the account holding Primary Member to use E-Car s services under the terms of this Contract. Additional fees many apply for Secondary Members. Member or you : All Primary and Secondary Members unless specifically indicated otherwise in this Contract. E-Car: E-Car is the trading name of E-Car Club Ltd whose head office and registered address is at 14 Marshalsea Rd, London, SE1 1HL. Contract: This Membership Agreement and all schedules, whether made available in print, in member s or through the E-Car website. All schedules are an integral part of this Contract. Rules: All rules or polices pertaining to a Member s use of E-Car s services, whether detailed in this Contract, on the E-Car website or elsewhere. Specifically and without limitation, this includes those outlined in Schedule 1: Club Rules. Schedules: All schedules and policies directly referred to, or incorporated into, this Contract. 2. Basic Terms 2.1 This Contract is a vehicle-sharing service contract offered by E-Car Club Ltd ( E-Car, us, or we ). It does not in itself confer any right to use an E-Car vehicle. A Member may only use an E-Car

4 vehicle, when available, in accordance with the terms of this Contract and subject to paying all due fees and Additional Charges. 2.2 E-Car remains the owner or head leaseholder of any item it provides to or puts at the Member s disposal during the term of this Contract, including specifically and without limitation, all E-Car vehicles and the Member s RFID smart-card ( E-Card ). The Member s use of and rights in relation to any E- Car vehicle or other item provided by E-Car under this Contract are limited to those rights of use stated in this Contract. 3. Eligibility 3.1 Effective as of September 2012, all new Members must: Be at least 19 years of age (please note that members under 21 or over 70 may be required to pay an additional insurance premium or accept a higher excess on any potential claim this will be confirmed in writing during the application process); Have held a full driving licence for a minimum of 12 months; Have no more than 6 penalty points on their driving licence, provided, however, that if under 30 years of age, they must have no more than 3 penalty points on their driving license; Have no drink driving convictions in the last 5 years; Have no convictions relating to driving without insurance; Have had no accidents in the last 3 years; Not have had a policy cancelled, a proposal declined or a renewal refused by an Insurer; Not have any physical or mental defect, impairment of sight, hearing, heart, diabetic or epileptic condition or other complaint unless they have notified the DVLA and a licence has been issued and the conditions or restrictions to that licence are kept to; Not be a professional sports person, actor or actress, model, press or fashion photographer, professional entertainer, or any agent or consultant involved in or connected with these professions, unless specific prior approval has been obtained from E-Car and their insurers; and Accurately, truthfully and fully complete the application process with E-Car and supply all information and documents requested. 3.2 Prospective Members holding a license issued outside of the United Kingdom may be accepted subject to additional licence checks and at the sole discretion of E-Car. It is essential that the licence can be understood and that the prospective Member has the necessary experience to cope with driving conditions in the United Kingdom. 3.3 Satisfying the foregoing eligibility criteria does not automatically give an applicant the right to become an E-Car Member. Acceptable of the applicant s membership application is subject to approval by E-Car in its sole discretion and membership may be denied based upon additional criteria established from time to time by E-Car and/or its insurance providers. In addition, even if approved for membership, a Member may be restricted from driving certain E-Car vehicles based on their driving history, age and experience. 4. Vehicle Provision 4.1 E-Car will ensure, as far as is reasonably possible and in accordance with this Contract, that the vehicle is provided in a roadworthy condition, regularly serviced, comprehensively insured and with full breakdown cover. 4.2 Vehicles are made available (in accordance with the agreed club rules) to you from designated parking bays (or hubs ) from the booked start time, and are accessed by the use of an RFID smart card ( E-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.

5 4.3 In the event of a vehicle breakdown occurring and assistance being requested, a designated breakdown service provider will attend to the vehicle and aim to fix the vehicle at the roadside. Where this is not possible the vehicle will be towed to a local repair centre and reasonable on-ward travel arrangements provided by E-Car. 4.4 Vehicles can be booked via the internet or by phone as detailed on the E-Car website. E-Car HQ can also be contacted by phone for general enquiries and reporting theft or damage. To access a vehicle bookings must be made according to the club rules, and where applicable this contract. If your requirements cannot be met, E-Car will endeavour to offer an acceptable alternative at a competitive price, but cannot guarantee to meet all you requirements. 5. Business Accounts 5.1 Business Members are expected to adhere to the terms and conditions set out in this Contract. It should be noted, however, that unless otherwise specified, financial liability for all acts committed by a Business Member lies with the employing organisation with whom E-Car have established a contractual arrangement. Business Accounts can involve different pricing structures and terms which are to be outlined and agreed when the Business Account is established. If such are not otherwise detailed, all prices, procedures and processes will be as outlined in this Contract. By entering in to a contractual agreement through online acceptable of this Contract, and enabling their employees to use the E-Car Club service, the employing organisation agrees to honour the terms of this Contract on behalf of their employees. 5.2 In the case of a Business Account, it is the Business Account holder that agrees to pay all monies due against all Secondary Members on the account. 5.3 It is the responsibility of the Business Account holder to inform E-Car if a member of the business account leaves the organisation. In such a case the business must return the member s E-Card to E- Car. Failure to do this will leave the business account holder liable for any charges incurred. 6. Collection 6.1 Prior to leaving the designated parking bay the Member agrees to inspect the vehicle for any damage or neglect either inside or outside the vehicle. If there is any damage not shown on the previous damage report please contact E-Car HQ on +44 (0) If you leave the parking bay with any unreported damage or evidence of neglect you will be responsible for it. 6.2 Once you have gained access to a vehicle you are responsible for it until it is returned to its designated parking bay, the charging cable is reconnected to its designated charging post and charging has commenced, and the vehicle is locked using your E-Card. 7. Return 7.1 The vehicle must be returned by the agreed time and date to the designated parking bay. Should the designated parking bay be blocked by another vehicle or otherwise unusable, you must call E-Car HQ for instructions on where the vehicle can be legally parked. Failure to legally park may result in a fine/penalty charge notice which is the responsibility of the member (or their employer in the case of a business user) to pay. 7.2 Where applicable you must return the vehicle s keys to the designated location within the car or van, remove all personal possessions and follow any additional instructions in the vehicle cabin for terminating the booking. 7.3 You agree to return the vehicle in the same condition as on collection and with all documents and accessories present at the time of collection.

6 7.4 The car will not be considered successfully returned until it is in its designated parking bay (or other location as agreed with E-Car HQ), the charging cable is reconnected to its designated charging post and charging has commenced, and the vehicle has been locked using your E-Card. 8. Fees & Responsibilities 8.1 The Member promises to pay E-Car all applicable joining, usage and subscription fees associated with the Member s driving plan as listed in Schedule 2: Rates. Joining fees (if applicable) are nonrefundable. 8.2 The Member shall pay all fees and costs incurred (including costs incurred by Secondary Members) when due, including joining fees, subscription fees, usage fees and other costs and fees as provided in the Rules and Schedules. Members shall also pay value added tax at the prevailing rate and all other taxes and levies on any of the fees, costs and charges listed above, as applicable. Members are billed for all fees, charges and applicable taxes due via credit or debit card or other means as established by E-Car. Any Member account which is past due will be suspended; though any reservations booked in advance shall still be charged to the Member unless cancelled in line with the agreed cancellation period. Any credit or debit card provided by the Member to E-Car for billing which is rejected may result in suspension of the Member s membership. It is the Member s responsibility to provide and maintain current credit or debit card information on file with E-Car. Ongoing issues with credit or debit card billing may result in termination of membership without warning. Under no circumstances will E-Car be responsible for any overdraft or other fees charges by a Member s credit card company or bank. For overdue accounts, E-Car may utilize third parties to collect amounts owed to E-Car by a Member and the Member will be liable for any collection or similar fees associated with such collection activities. E-Car also reserves the right to charge interest on any overdue accounts at the Bank of England base rate +4%. 8.3 Members are responsible for providing and maintaining an accurate record of current , mobile phone, principle residential address, mailing address and other account information. Telephone calls and correspondence with E-Car may be recorded or monitored. By using these forms of communication you are consenting to the recording and/or monitoring of your calls and By applying for membership, each applicant authorizes E-Car to obtain his or her driver s records from the DVLA. Members who do not have a UK driving licence must comply with the legal requirements for driving in the UK on a foreign licence. E-Car reserves the right to request additional information such as a certified copy of a passport or proof of address at any time. E-Car may, from time to time, check existing Members driving records and reserves the right, at its sole discretion, to suspend or terminate the Membership of any Member who does not meet E-Car s driving eligibility requirements. If the Member s licence is suspended or revoked, if the Member has any further endorsements or accidents on their driving record, or if the Member is convicted of driving under the influence of alcohol or drugs, dangerous driving or exceeding the relevant speed limit, the Member agrees to report such events to E-Car promptly. Failure to notify E-Car of any such events may lead to the Member not being covered by E-Car s insurance policy when driving an E-Car vehicle. 9. Damage 9.1 The Member is responsible for any and all damage that occurs to an E-Car vehicle whilst said vehicle is in the Member s possession or control (including the full duration of any booking) even if this damage is caused by a third party or arises as a result of inclement weather. The Member is also responsible for the full value of any damage caused to the property of third parties. However, as detailed in section 10, E-Car will provide insurance that covers most damage arising from a Member s conscientious use of an E-Car vehicle, typically limiting the Member s liability to the Member Damage Fee ( MDF ) described in section 9.3 below.

7 9.2 If a Member fails to abide by the terms and conditions of this Contract, the insurance provided by E-Car may not apply. This may make the Member responsible for the full cost of any accident or incident and any damage which arises. This will include, but is not limited to, any costs incurred as a result of a Member allowing a non-member to drive an E-Car vehicle. 9.3 A Member is responsible for paying the Member Damage Fee ( MDF ), the maximum amount of which is determined by the Member s driving plan and can be found in the schedules below, for damages and related costs caused to an E-Car vehicle, or to third parties or their property during a Member booking. Specifically, but without limitation, this may include injury or damages to third parties or their property, estimated E-Car vehicle repair costs, and recovery or loss of use of the E-Car vehicle. Members will be responsible for the MDF for realised, estimated or projected expenses, whether or not an actual claim is made. 10. Insurance 10.1 Subject to fulfilling their obligations as set out in this Contract, any E-Car Member in good standing will be provided with comprehensive motor cover when driving an E-Car vehicle Members have up to 5,000,000 cover in respect of any third party property damage when driving cars, and unlimited cover for third party bodily injury. Indemnity is granted under the E-Car insurance policy to the Member and is subject to all its terms, conditions and exclusions Subject to the MDF described in Section 9.3 above, there is also cover for loss or damage to the E-Car vehicle. However, there is no cover for damage as a result of carelessness or negligence. In such instances the Member will be fully liable for the total cost of repair or replacement, as well as any related costs There is no cover for personal accident or the theft of personal belongings from an E-Car vehicle. 11. Term and Termination 11.1 This Contract shall commence following E-Car s acceptance of the Member s application form and payment of any applicable fees including, but not limited to, Member Joining Fees. The contract term shall continue until membership is terminated in accordance with this, Section A Member may terminate membership and all associate memberships upon giving one day s notice by phoning +44 (0) Any subscription fees will remain due for the minimum term as detailed in the Schedules below E-Car may terminate this Contract at any time upon giving thirty (30) days notice to the member. Under such circumstances the Member shall remain responsible for any fees or other charges incurred prior to termination of this Contract. Any subscription fees due after termination will be waived in their entirety E-Car may immediately terminate this Contract without notice if the Member or any Associate Member: Fails to pay any sum due under this Contract; Becomes insolvent, files or has filed against it any document under any bankruptcy or insolvency law or similar law, or proposes any dissolution, liquidation or financial reorganization with creditors. Fails to comply with the terms of this Contract including any and all Schedules; or Is involved in an accident which E-Car, in E-Car s reasonable opinion, renders the Member ineligible or inappropriate for continued membership.

8 For the avoidance of doubt, no fees or other charges will be refunded in the event of termination pursuant to Section Upon termination all Member and Associate Member rights to use E-Car services shall immediately end. The Member agrees to return all property of E-Car in the Member s possession. Specifically, but without limitation, this includes all vehicles and E-Cards. The Member also agrees to take full responsibility for paying any legal fees, court costs or expenses associated with enforcing the terms of this Contract, whether upon termination or otherwise. 12. Liability 12.1 Subject to clause 12.5, E-Car shall not be held responsible for any damage to, or loss of, Member belongings in or on the vehicle, or in or on any third party vehicle, save where such damage or loss is due to negligence on the part of E-Car Subject to clause 12.5, E-Car shall not be held responsible for any personal injury or death suffered by a Member or third party which arises from the use of an E-Car vehicle Subject to clause 12.5, E-Car shall not be liable to a Member for tort (including negligence), misrepresentation, breach of contract or in any other way for: Damage or loss incurred by the Member as a result of claims made by a third party, save where such damage or loss is due to negligence on the part of E-Car; Damage or loss incurred by the Member arising from, or in relation to, the booking process, vehicle availability, operation of an E-Car vehicle or use of vehicle accessories (whether supplied by E-Car, the Member or a third party), save where such damage or loss is due to negligence on the part of E-Car; Damage or loss of profit, revenue, goodwill, business opportunity or anticipated saving suffered by the Member; or Any indirect damage or loss incurred by the Member whether or not E-Car has been advised of such potential losses or they are otherwise foreseeable Subject to clause 12.5, in no event shall E-Car s total liability, whether for tort (including negligence) misrepresentation, breach of contract or in any other way: For third party property damage, exceed the amount of 2,500,000; and For all other loss or damage, exceed the aggregate joining, subscription and usage fees paid by the Member during the 12 month period prior to first date on which an event giving rise to any liability took place Nothing in this Contract shall limit or exclude E-Car s liability for personal injury or death which arises as a result of its negligence, fraud or obligations arising from section 12 of the Sale of Goods Act Additional Provisions 13.1 By applying to become an E-Car Member, the Member represents and warrants to E-Car that they have received all reasonable explanations concerning this Contract, including the Schedules, and that the member has carefully reviewed and fully understands their commitments and obligations hereunder The rights granted to the Member, or Secondary Member(s), under this Contract are not assignable or transferable, in whole or in part. Any attempt to transfer this Contract without the written consent of E-Car shall be void and of not force and effect.

9 13.3 No delay or omission by E-Car to exercise any right or power occurring as a result of any noncompliance or default by the Member shall impair any such right or power or be construed to be a waiver thereof. Unless otherwise stated, all remedies provided for in this Contract shall be cumulative and in addition, not in lieu of, any other remedies available to either party at law, or otherwise If any term, condition, provision or, covenant of this Contract is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect. The parties further agree to substitute for any invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision A person who is not a party to this contract has not right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act This Contract is governed by the laws of England and Wales applicable therein. All disputes shall be resolved solely in English courts. The parties hereby consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defences otherwise available Any notices or other communication given to the Member shall be in writing and shall be considered given 48 hours after being dispatched by mail or to the Member at the or postage address provided to E-Car in the Member s application Any notices or other communication given to E-Car shall be in writing and shall be considered given if delivered by or sent by registered post to the address below: E-Car Club Ltd (Registration No ) 14 Marshalsea Rd London SE1 1HL [email protected] Any notice delivered via shall be considered received on the first business day after which it was sent, unless the sending party is notified that the address is incorrect or invalid Either party may change its or their address for service from time to time by giving notice to the other party in accordance with this provision. The following Schedules constitute an integral part of this Contract: Schedule 1: Club Rules Schedule 2: Rates Schedule 3: Additional Charges Schedule 4: Privacy Policy

10 E-Car Club Membership Contract Schedule 1 Club Rules Last Revision: October 2012 Version: 1.1 In addition to the terms and conditions outlined in the E-Car Club Membership Contract, Members are required to take careful note of, and abide by, the Club Rules set forth in this Schedule. Any individual or business intending to apply for E-Car membership should read and understand these Rules before they apply and before they pay any joining and/or subscription fees. By becoming a Member, or continuing to be a Member, you are deemed to have accepted and agreed to abide by all of the Rules set forth in this document. These Rules shall also apply to all Secondary Members. Terms used in this Schedule shall have the same meaning assigned to such terms in the Contract. 1. Permitted Persons 1.1 Only active E-Car Members in good standing are permitted to drive E-Car vehicles. Non-Members are expressly prohibited from driving an E-Car vehicle at any time. 1.2 Members may drive an E-Car vehicle that has been reserved by another E-Car Member; however all fees and charges will be the full responsibility of the reserving Member. 2. Prohibited Uses 2.1 The use of an E-Car vehicle is prohibited under any of the following conditions: For use off-road, for racing, for pace making or testing purposes, for any competition or trial, or for teaching; For towing of any trailer or other vehicle; For the transport of passengers for hire or reward; For use by any person who is under the influence of alcohol or any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended; For carrying out of any crime or for any other illegal activity or purpose For use in an imprudent, negligent, or abusive manner or for any abnormal use of the vehicle; For use by any person who has provided E-Car with false information or whose representations are determined to be false (specifically, and without limitation, representations regarding his/her name, age, address or occupation); For use in countries other than England, Scotland and Wales; For carrying a number of passengers that exceeds the designed seating capacity of the vehicle, or transporting baggage or other items that would cause the vehicle to be overloaded; For carrying any hazardous, toxic or flammable materials; Driving while texting, ing, using a mobile telephone without an appropriate hands-free device, or otherwise engaging in the use of any communication device that may distract you from driving, or otherwise engaging in similar activities that may be prohibited by applicable law; or In connection with the Motor Trade. The foregoing examples are not intended to be an exhaustive list. Any unreasonable or inappropriate use of an E-Car vehicle, as determined by E-Car in its sole discretion, may be deemed a violation of these Rules. Without limiting the foregoing, Members must always use E-Car vehicles in accordance with all highway and other applicable laws and regulations. E-Car may report to the authorities any use of an E-Car vehicle which is in violation of law.

11 2.2 E-Car may immediately suspend or terminate Membership for a violation of any of these Rules. Upon suspension or termination, any existing reservations may be cancelled by E-Car at its sole discretion. Members will be responsible for any and all costs, charges and expenses incurred by E- Car as a result of a breach of this or any of these Rules. 3. Booking an E-Car 3.1 Reservations are always required, and must be made in advance of use. Members will be billed for usage fees at the time of reservation. The minimum period for which a vehicle can be reserved is one hour. Use of a vehicle for a period of longer than 72 hours may be arranged at E-Car s discretion and reservations must be made by or telephone with an E-Car representative. 3.2 If you wish to cancel a reservation or shorten the period for which a vehicle has been reserved you must do so at least 24 hours before the scheduled start of the reservation. If you cancel or shorten a reservation less than 24 hours before the scheduled start of the reservation you may be subject to certain change or cancellation fees, as described in Schedule 3: Additional Charges. 3.3 If you wish to extend a reservation, you may only do so if (i) the vehicle is available for use for the extension period (specifically, but without limitation, if it is not reserved by another Member) and (ii) the extension request is completed prior to the scheduled expiration time of your existing reservation. 3.4 There is no reservation charge when you make, extend, shorten or cancel reservations through the E-Car website. Reservations made by phone may be subject to a reservation charge per call, as described in Schedule 3: Additional Charges. 4. Vehicle Collection & Return 4.1 You must pick up the selected vehicle at its designated parking space no earlier than your reservation start time and return it locked, clean and in good working order to the same designated parking space no later than the scheduled end of your reservation. As detailed in section 5 below, the vehicle must be reconnected to the charging infrastructure supplied at the designated bay on its return. 4.2 Prior to taking possession of a vehicle you must assess both the exterior and the interior of the vehicle, as well as the charging cable and post. You are required to advise E-Car immediately of any damage or other abnormality encountered. Specifically, and without limitation, you should report to E- Car any warning lights, leaking fluids, cracks or chips, dents, missing or inoperable signal or head lamps, broken or missing mirrors or any other condition that may render the vehicle or charging infrastructure unsafe to operate. You are also required to report any other damage or abnormality, whether superficial or otherwise, which is not recorded in the vehicle damage log prior to driving the vehicle. 4.3 If E-Car is not notified of any damage or problem at the start of a reservation, you will be deemed to be responsible for any problem with the vehicle which is discovered or reported during or after your reservation. This includes, without limitation, damage to the vehicle or lack of cleanliness. You may be charged the Member Damage Fee ( MDF ), a cleaning fee or other applicable fees, and E-Car may suspend or terminate your membership without warning. 4.4 The key, key fob, or other device required to start the vehicle, where such is required, and any recharging cards, must be returned to their designated storage positions within the vehicle at the conclusion of your reservation. The vehicle must be locked at all times when not in use and you must advise E-Car immediately if you fail to return any E-Car key, fob, starting device, recharging card or other item(s) to the vehicle. You will be charged the hourly rate for the vehicle until any such items are returned and you will remain responsible for the vehicle during such period. You may be charged a penalty fee or other fee to replace any of the items missing from the vehicle.

12 4.5 Reserving Members are responsible for all charges and costs incurred related to the E-Car vehicle for the entire period of the reservation until the vehicle is returned to its designated bay, connected to the infrastructure provided, locked, secure and serviceable, and charging has commenced. All accessories must be turned off, the key in its designated storage location, all windows, doors, hatches, sunroofs and other openings closed, and charging card(s) and other E-Car items returned to the vehicle. E-Car vehicles must be returned no later than the end time of the reservation and the Members is required to close their booking using their E-Card. The Member will be billed for the full amount of the reservation time period, even if the vehicle is returned early. Should a vehicle be returned later, the reserving Member will be responsible for late fees as described in Schedule 3: Additional Charges. 4.6 Stolen vehicles must be reported immediately and the E-Card immediately returned to E-Car as proof that the Member had the E-Card in their possession when the vehicle was stolen. 4.7 Members, and any third party passengers, must check that they have not left any belongings in the E-Car. E-Car will make reasonable efforts to reunite lost belongings with their owner but shall not be held liable for any belongings left in an E-Car Vehicle. The Member agrees not to old E-Car responsible for any belongings so left. Any items discovered by E-Car will be held for a minimum of a month. Belongings not claimed within this period may be donated to charity or otherwise disposed of at the sole discretion of E-Car. 5. Re-charging and Claiming Expenses 5.1 E-Car is responsible for the cost of charging the vehicle at its designated parking bay and, where available, other affiliated charging stations. An RFID re-charging card and connection cables will be provided to access eligible charging posts including, without limitation, the charging post provided by E-Car at the designated parking bay. E-Car re-charging cards and cables may only be used by E-Car members to recharge E-Car vehicles and for no other purpose. 5.2 Instructions for charging are provided in each E-Car vehicle. Members must ensure that they charge the vehicle correctly. Any costs arising from incorrect use of charging cables or infrastructure will be charged to the Member in addition to the MDF and may not be covered by E-Car s insurance policy. 5.3 It is the Member s responsibility to ensure that on returning the vehicle to its designated bay, the vehicle is reconnected to the charging infrastructure provided and charging has commenced. If you do not connect the vehicle to the charging infrastructure provided you will be charged the hourly rate for the vehicle until such time as the vehicle is reconnected. In addition to this you may be charged a penalty fee. 5.4 E-Car will reimburse Members for certain eligible expenses incurred during their reservation period. An Eligible Expense is defined as an expense incurred by the Member for minor routine maintenance on E-Car vehicles, such as new windscreen wiper blades, light bulbs, or windscreenwasher fluid. Expenses in excess of 20 must be authorised in advance by an E-Car representative. 5.5 If you pay for an Eligible Expense you must keep the original receipt and note on it the odometer reading at the time purchase and your full name. Such receipts should then be posted or scanned and ed to E-Car within thirty (30) days of the reservation period in question. The cost will then be credited to your account. No credit will be given without a receipt, or where a claim in submitted more than 30 days from the reservation date. 6. Maintenance and Cleanliness 6.1 E-Car will take responsibility for all necessary routine or emergency maintenance on all of its vehicles, as well as cleaning both the interior and exterior on a regular basis. However, Members are responsible for the general cleanliness of the vehicles and are expected to assist in helping to

13 maintain the driving safety and performance of the vehicle by calling E-Car on +44 (0) if it is believed that additional maintenance or cleaning is required. 6.2 Members must respond appropriately to all warning lights and other indicators and alerts. While E- Car will regularly service all vehicles, Members are expected to assist in routine maintenance (such as by filling the windscreen washer fluid, changing windscreen wipers and light bulbs, and cleaning the interior of the vehicle). The cost of minor maintenance and repairs will generally by Eligible Expenses, reimbursable in accordance with section 5 above. 6.3 E-Car provides Roadside Assistance support as a part of our service at no additional cost. If, however, a Member s need for Roadside Assistance is the result of a breach of this Contract or a violation of Club Rules, the Member may be charged for additional or other costs incurred. 6.4 Unusual noises or driving feel, warning lamps or other indicators, and other performance changes must be reported to E-Car as soon as they are noted. Failure to report such irregularities while an E- Car vehicle is in the member s possession may result in such Member s immediate suspension or termination of their Membership. 7. Breakdown or Accident 7.1 All accidents, breakdowns or other similar incidents involving an E-Car vehicle must be immediately reported to E-Car by phoning +44 (0) When using a vehicle you must follow the vehicle owner s manual and other instructions present in the vehicle. If a problem arises that prevents or limits the use of the vehicle, or that may compromise safety, you must immediately notify E-Car by phone and follow the instructions provided. 7.3 E-Car will provide prompt Breakdown Assistance anywhere in the United Kingdom. The number one aim will be to fix the vehicle in situ. If this is not possible recovery will be provided. If the vehicle cannot be promptly repaired at the roadside or by a local repairer, E-Car will take reasonable action to ensure the Member is able to continue their journey by other means. Specifically, but without limitation, this may include arranging a replacement car or covering necessary public transport costs. 7.4 The Member is fully responsible for any damage resulting for unauthorised repairs, maintenance or use of accessories such as, without limitation, jumper cables or other related tools. 7.5 The Member is fully responsible for any costs resulting from negligence, including, without limitation, allowing the vehicle s battery charge to run down to the point that it prohibits completion of the journey. 7.6 In case of an accident involving property damage or any third party, the Member must complete the incident report form provided by E-Car, and obtain the following information where possible: Date, time and location of accident; The number plates, make, model, colour and year of any other vehicle involved; Full insurance details for any third party including insurance certificate number and the name, address and phone number of the insurance agent; The name, address, and driver s licence number of the owner of the car; The name, address, and driver s licence number of the driver (if he or she is not the owner); The name, address, and phone number of any witnesses, passengers or other involved persons; The Circumstances of the accident; and Photographic evidence of all damage at the scene. Under some circumstances, and when instructed to do so by E-Car, the Member may also be required to obtain and complete an official police report and, if possible, provide a jointly agreed-upon statement.

14 7.7 Members must provide to E-Car, or any third party assigned by E-Car, the findings of any report or notice relating to a claim or lawsuit against E-Car regarding any incident involving an E-Car vehicle. Members agree to co-operate fully in any related investigation and the defence of any such claim or lawsuit. A Member s account will be suspended until the investigation has been concluded. 7.8 The Member shall be responsible for the costs related to the repair, recovery, and loss of use of any E-Car vehicle resulting from any of the foregoing, up to the maximum level of Member Damage Fee ( MDF ) as set forth in the accompanying schedules. Estimates and invoices for any costs will be available for the Member to review. Please note that as per the Contract, a Member may be responsible for all damages and costs arising from the Member s failure to comply with the terms of the Contract. 8. Traffic Violations 8.1 The Member is fully responsible for any traffic violations incurred whilst using an E-Car vehicle. Specifically this includes, without limitation: spending, parking, red light and toll violations. You are liable for all penalties and fees from any such violation, including fines for late or incomplete payment and any additional processing or administrative charges added by the issuing authority. You are liable for the payment of all tolls and any fines resulting from the evasion of such tolls. You must report any violation to an E-Car representative immediately. 8.2 You must report any traffic violation notices found on a vehicle to E-Car at the time they are discovered. All unreported traffic violations will be the responsibility of the Member if they occur during the period of time when the Member is responsible for the E-Car vehicle. 8.3 At the end of your reservation you must not leave the vehicle in a zone which has parking restrictions unless requested to do so by an E-Car representative. Unless such permission has been granted you will be responsible for any and all violation notices or towing charges incurred by E-Car. 8.4 Where a fine incurred by a Member is sent directly to E-Car, we will either pay the penalty on behalf of the Member and charge their account accordingly, or transfer liability for the penalty to the Member and the Member will then be responsible for payment and all future correspondence with the issuing authority. E-Car will inform a member which of these courses of action has been taken. However, once paid, it is not possible for the Member to challenge the penalty. The right to appeal any such penalty belongs to E-Car and will be at E-Car s sole discretion. In the case of speeding notices, E-Car is obliged by law to pass the offending Member s details on to the police. 9. The E-Card 9.1 Members must carry their E-Card when using an E-Car vehicle. The E-Card must be used to lock and unlock E-Car vehicles and may also be required when using affiliate services such as those provided by other vehicle hire companies. 9.2 E-Car may agree to remotely unlock or lock a vehicle for a Member who has forgotten or lost their E-Card. Additional charges may apply. 10. Smoking 10.1 E-Car vehicles are smoke-free under the Health Act 2006 and smoking is strictly prohibited in all vehicles Additional Charges will be made to a Member s account if evidence of smoking is found in an E- Car vehicle.

15 10.3 If a Member smokes, or permits any other person to smoke, in an E-Car vehicle, the Member s membership may terminated and E-Car may pass Member details on to the police. 11. Pets 11.1 Pets are prohibited unless transported in a locked pet carrier. The Member will be responsible for the removal of any residual pet hair. If any evidence of pet hair is found, additional charges may apply Assistance animals required by members or other passengers are allowed in the vehicle without a pet carrier. We request that you ensure the car is left clean and make a note in the comments box when a booking is made. 12. Permitted Regions 12.1 Members are not permitted to drive more than 70 miles in a single journey without the prior permission of an E-Car representative E-Car vehicles must not be taken outside of England, Scotland and Wales under any circumstances.

16 E-Car Club Membership Contract Schedule 2 E-Car Rates Last Revision: October 2012 Version: 1.1 Members are required to take careful note of the rates outlined in this document. They reflect the standard E-Car rates at the present time. However, to cover short-term changes in costs such as electricity and parking, as well as regional variations, fees may vary and members are encouraged to review the quoted price when reserving a vehicle. Current rates and membership categories are also available on the E-Car rates page at 1. Joining Fee 1.1 The joining fee is 50 per new account member. a. A 50% discount is available for secondary members on the same account (i.e. members of the same household or business account members). b. Members who apply to join prior to October 31 st 2012 and are subsequently granted membership will be designated as Founder Members and will benefit from a bonus driving credit to their E-Car account of: 25 for Casual Members ; or 50 for Community Members. Please note that this Founder Member Bonus is at the complete discretion of E-Car and will not be granted in conjunction with any other offer, discount or bonus. 1.2 Please note that as per the E-Car Member Terms & Conditions no promotion including the 50% same household discount and the founder member driving credit offer can be used in conjunction with any other promotion. If the new member is eligible for more than one promotion the offer providing the greatest discount will be automatically applied. 2. Subscription Fee 2.1 Casual Members are not required to pay a monthly subscription fee. 2.2 Community Members are required to pay a monthly subscription fee of 15 for a minimum term of 12 months. 3. Usage Fee 3.1 Usage fees are liable to change and Members are encouraged to review the quoted hourly or daily rate when reserving a vehicle. 3.2 Guideline usage rates for vehicles currently available, inclusive of VAT, are as follows: Casual Member Community Member Category C e.g. Nissan LEAF 6.50 / hour 50 / day 5.50 / hour 45 / day

17 E-Car Club Membership Contract Schedule 3 Additional Charges Last Revision: October 2012 Version: 1.1 By becoming a Member of E-Car Club, the Member agrees to pay E-Car the charges, fees, expenses and other costs set out in the Contract. Specifically, and without limitation, this includes those set forth in this Schedule 3: Additional Charges. The parties agree that these additional charges are an appropriate estimate of the costs that E-Car would be likely to incur as a result of the Member taking the action described. The following is not an exhaustive list and the Member acknowledges that other fees, costs and charges may apply. Terms used in this Schedule shall have the same meaning assigned to such terms in the Contract. 1. Late Return 1.1 The Member will be charged a late fee of 35 per late hour, or any part thereof. 1.2 This late fee is payable in addition to the usual usage fees for the additional time used, and such fees will also be charged to the Member. 2. Cancellation or Reduced Reservations 2.1 All applicable charges will be cancelled or refunded for a reservation which is cancelled or shortened more than 24 hours before it is scheduled to begin. 2.2 For reservations cancelled or shortened less than 24 hours before they are scheduled to begin, but before the reservation start time itself, you may be charged a cancellation fee at E-Car s discretion. This cancellation fee will not exceed more than 60% of the usage fee for the reservation and may show up on your invoice as a usage fee. 2.3 The Member will remain fully liable for fees associated with reservations which are not cancelled or shortened before the reservation start time. 3. Member Damage Fee 3.1 If you are involved in an accident or similar incident you will be charged a Member Damage Fee ( MDF ) up to a maximum level as set out in this clause 3.1 of Schedule The MDF maximum is currently set at 750, in line with the maximum excess payable under E- Car s insurance policy. 3.3 Please note that, as outlined in the Contract, a Member may be responsible for all applicable damages and costs, including those in excess of the MDF maximum, if the Member fails to comply with the terms of the Contract. 4. Penalty Fee 4.1 For any violation of the E-Car Club Rules, Members may be charged a penalty fee of up to 200 per violation. In addition to this, the Member may be charged for any costs incurred by E-Car (including all recovery costs, repairs and legal fees) anytime a visit to an E-Car vehicle is required as a result of a Rules violation or otherwise as the result of actions of the Member. The Member may also

18 be charged for any costs incurred by E-Car a result of a failure by the Member to comply with any provision in the Contract, in addition to those Rules for which a specific fee or charge is specifically provided in the Contract. 4.2 The Member will be charged a further fee for any negligence or oversight that inconveniences E- Car or other E-Car Members. Specifically, and without limitation, this includes failure to return vehicle keys, failure to turn off a vehicle s headlights, failure to plug in the vehicle to the charging infrastructure provided at the end of a reservation, causing or permitting damage to a vehicle which requires additional cleaning or repair as a result, returning a vehicle to the wrong location, failure to pay necessary parking charges, failure to advise E-Car immediately of any damage, vandalism or theft relation to the vehicle. Members charged for such costs may be provided with an itemized list of charges on request but may be charged for estimated costs pending final repair. 5. Non Payment 5.1 The Member may be charged an additional non-payment fee of 50 should they default on any subscription, usage, penalty or other fee. Specifically, but without limitation, this will include non payment which results from an unsuccessful attempt by E-Car to charge the Member for some or all of their outstanding account balance due to insufficient funds, the provision of incorrect payment details, a direct debit being cancelled or any action on the part of the Member which prevents a credit card, debit card, direct debit or any other payment from being successfully completed. 6. Other Charges 6.1 Members may be charged for additional services including, without limitation, replacement of lost membership cards. The Member will be informed before any such charge is made.

19 E-Car Club Membership Contract Schedule 4 Privacy Policy Last Revision: October 2012 Version: 1.1 E-Car Club is committed to protecting the privacy of our customers. This Privacy Policy describes the personal information we collect from you and how we use that information. This Privacy Policy covers both our collection and use of information when you use and our related websites, as well as the kinds of information we collect when you join E-Car Club and use our services. This Privacy Policy does not apply to other internet sites even if accessed via our websites. If you have any questions or concerns regarding our Privacy Policy or practices, please contact us at [email protected] 1. Personal Information 1.1 What is personal information? Personal information means information that identifies you as an individual, or that we can combine with readily available information to identify you as an individual. 1.2 What personal information we collect and how we use it The principle purposes for which we collect and store your personal and financial information are to process your application, allow you to reserve and use our vehicles, authorize payment, bill you, respond to your inquiries, improve our products and services and maintain your account with us. 2. What information is collected 2.1 Your personal details will be collected and processed when you visit the E-Car Club website or use any of our digital applications (such as your iphone or ipad applications), our servers automatically log certain information about your use of our websites, such as your browser type, browser language, IP address, operating system and service provider. We also collect website and application usage information, this might be the pages that you visit or the ads or links you click on. The first time you visit the E-Car Club website, E-Car Club assigns you a unique number, which is stored in one or more cookies on your computer's hard drive. If you have joined E-Car Club or provided other personal information about yourself (for example, if you send us an ) your cookie ID can be associated with you personally. 2.2 What is a cookie? A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser, and stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser. We use information from cookies for purposes which may include: distinguish new visitors from returning visitors eliminating the need for returning users to re-enter their login details enabling you to move more easily around our sites and applications tracking your use of our sites to better develop our sites and applications in accordance with your requirements building up an anonymous profile based on your browsing patterns across our sites, applications and third party websites, which enables us to make advertisements and content available to you that is more relevant to your interests You can delete cookies from your hard drive at any time. Bear in mind, though, that if you delete them, any settings such as your stored username and password will have to be reset when you next log in.

20 You will be able to use our websites and applications even if your browser is not set to accept cookies. However, certain features and content may not be available to you and you will have to log in every time you visit. By visiting the E-Car Club website, you consent to the use of cookies as explained above. Some of our websites also have a separate cookies section giving more details on the types of cookies used. You can also choose whether you wish us to collect cookie information for these purposes using the settings in your browser, as further explained at Further information on the use of cookies can be found at: E-Car Club collects information that you voluntarily submit to us, such as your name, address, postal address or telephone number, if you include that information in an , or text message sent to us or you tell us over the telephone, in an instant message or by other means. Your telephone calls and correspondence with us may be recorded or monitored for quality control, training and similar purposes. By using these communication methods you are consenting to the recording or monitoring of your calls and s with E-Car Club. 2.3 If you apply to join E-Car Club, we collect personal and financial information as you proceed through the stages of our online application, membership agreement and reservation process. In addition to your name and contact information, we will also collect your driver's license number and the jurisdiction in which you are registered and credit card or other payment information. We may also collect information such as your driving record from regulatory bodies where you live, and from third parties. This information is used to process your application and, if you are approved, for the purposes described below. 2.4 If you join E-Car Club and use our services, we collect information about your reservations (dates, times, locations, etc.) and your use of the E-Car Club service (return time, mileage, accidents, etc.). We use this information to bill you, respond to your inquiries, provide and improve our products and services and maintain your account with us, to personalise your E-Car Club experience (i.e. by understanding your preferences). From time to time we will send newsletter s. To unsubscribe from our newsletters please use the opt out in the account settings page. 2.5 E-Car Club Cars may be equipped with Global Positioning System (GPS) vehicle tracking technology and an onboard vehicle camera. GPS is a network of satellites that allows us to determine the location (latitude and longitude) of E-Car Clubs. This information is transmitted to E-Car Club and temporarily stored (including while it is hired to you). E-Car Club uses this information for a variety of important purposes. For example, we use GPS data to help you find a car you have reserved, to provide roadside assistance when you need it, to ensure that a car is available at the place and time you have reserved, to alert us when an E-Car is likely to be returned late and to locate lost or stolen E- Cars. We do not actively track or monitor vehicle location, and we do not store historical GPS data regarding vehicle location we use GPS data only to determine the last reported location of an E-Car. Where installed, on board vehicle cameras will be used to record driving footage for insurance purposes. In the event of an accident this footage may be reviewed or passed on to the necessary authorities, our insurers or other parties as required and at the sole discretion of the Company. 2.6 Refer a Friend. If you choose to use our referral service to tell a friend about our site, we will ask you for your friend s name and address. We will automatically send your friend a one-time inviting him or her to visit the site. E-Car Club stores this information for the sole purpose of sending this one-time and tracking the success of our referral program. Your friend may contact us at [email protected] to request that we remove this information from our database; however, if someone else subsequently refers the same friend, their address may be stored again. 2.7 Children s Privacy: We do not knowingly solicit or collect individually identifying information from children under the age of 13.

21 3. Where we hold Personal Information E-Car Club maintains servers within the European Union where your personal information will be safely stored. 4. To what 3 rd Parties might we transfer personal information? 4.1 Except as described in this Privacy Policy, E-Car Club will not share your personal information with third parties outside the E-Car Club group unless it is necessary to provide the E-Car Club service, fulfil a transaction you have requested, or in other circumstances with your consent. We do however disclose your personal information within the E-Car Club group and to contractors, advisors, consultants and service providers acting on our behalf or under our instructions, including for purposes relating to the operation, maintenance, administration, improvement, and oversight of our services, websites and advertising services, or to fulfil your requests for information or service. If you apply for E-Car Club membership, some of the information you supply must necessarily be shared with regulatory bodies where you live and/or service providers we utilize to obtain your driving record from such regulatory bodies. We do not share your personal information with such regulatory bodies or service providers beyond what is necessary to approve your application. In addition, if you are associated or affiliated with another, primary account (for example, if you are an associate member or affiliated with a business's or university's account), the primary account holder or administrator of that account may have access to limited information regarding your use of our services. 4.2 We may disclose your personal information in connection with a corporate transaction, proceeding, or reorganisation involving the business activities for which the information is maintained. In the event that ownership of E-Car Club or its business was to change as a result of a merger, acquisition or transfer to another company, your personal information may be transferred. If such a transfer results in a material change in the way your personal information is used, we will provide notice about the choices you have to decline to permit such a transfer. 4.3 E-Car Club may disclose your personal information, including location/gps data, in response to legal process (for example, a court order, search warrant or subpoena) or requests from law enforcement authorities; in other circumstances in which E-Car Club believes the website, the E-Car Club service or our vehicles are being or has been used in violation of the applicable law or otherwise in the commission of a crime; when we have a good faith belief that there is an emergency that poses a threat to the safety of you or another person; or when necessary to protect the rights or property of E-Car Club or third parties. 5. Advertising and personalised content 5.1 E-Car Club may use personal information to present offers to you on our behalf and on behalf of business partners, but we do not share information that personally identifies you with those parties. If you do not want us to send you promotional s please us at [email protected] or opt out at the foot of any such E-Car Club may also use third party ad network providers and other service providers to help present customised content and offers on our websites. These providers use cookies, web beacons, or similar technologies on your computer to help present, better target, and measure the effectiveness of their content and advertisements, using data gathered over time and across their networks of web pages to determine or predict the characteristics and preferences of their audience. We may share certain non-personally identifiable information about you (such as age and postcode) with certain ad network and service providers to help them deliver more relevant content and advertisements through their networks. The use of cookies, web beacons, or similar technologies by content and ad network providers is subject to their own privacy policies, not ours. 5.3 Cookies are text files that are placed in your computer's browser, and that can be used to help recognize you on the E-Car Club websites. Web beacons are small pieces of code placed on web pages that can be used, among other things, to count the users who visit that web page, or to deliver a

22 cookie to the browser of a user viewing that page. Many websites, including e-carclub.org, also may use Flash cookies that are similar to regular browser cookies. You can control browser cookies through your browser's settings. You can control Flash cookies via the Macromedia Flash application on your computer, or by going to the Macromedia Flash Player website, which allows you to view, modify, and delete Flash cookies. You may delete cookies or set your browser to alert you when cookies are being sent. If you reject all browser or flash cookies, however, some areas of our sites may not function. 5.4 The following third party advertiser/service provider may use cookies, web beacons, or similar technologies in connection with offers, content, and services offered through the E-Car Club website, including helping operate ad networks. Click on the link to learn more about their practices and the choices they provide you: 5.5 The use of cookies by our partners, affiliates, tracking utility company, service providers is not covered by our privacy statement. We do not have access or control over these cookies. Our partners, affiliates, tracking utility company, service providers use session ID cookies to make it easier for you to navigate our site. 5.6 Our web site includes social media features, such as the Facebook Like button and widgets, such as the Share. This button or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with these features are governed by the privacy policy of the company providing it. 6. How may I review and correct my personal information? 6.1 E-Car Club is committed to providing you with reasonable and practical access to your information to allow you the opportunity to identify inaccuracies. If you are a member of E-Car Club, you can review and correct personal information by ing [email protected] or calling us on If you would like to access, delete and/or correct other personal information held by E-Car Club, please contact us in one of the ways provided below and we will respond to your request within 30 days. When commercially practicable, if E-Car Club is informed of the inaccuracy we will make the appropriate corrections. If you are a resident of the United Kingdom, under the Data Protection Act you have the right to request a copy of the personal information we hold about you and have any inaccuracies corrected (we will charge a reasonable fee for such information requests and require you to prove your identity with 2 pieces of approved identification). 6.2 We will retain your information for as long as your account is active or as needed to provide you services. Please contact us if you wish to cancel your account or request that we no longer use your information to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. 7. What security measures are used to protect my personal information? 7.1 E-Car Club has established safeguards, such as SSL encryption, to help prevent unauthorized access to or misuse of your personal information, but cannot guarantee that your personally identifiable information will never be disclosed in a manner inconsistent with this Privacy Policy (for example, as a result of unauthorized acts by third parties that violate applicable law or the policies of E-Car Club and its affiliated providers). We use a password to help verify your identity before granting access or making corrections to any of your personal information. It is your responsibility to safeguard your password, which you should never disclose to a third party. If you contact us by phone, we will ask you to verify certain information related to your account before providing any access to personal information.

23 8. How might this privacy policy be changed? We may change this Privacy Policy from time to time, so it is advisable to review it frequently. Changes to this Privacy Policy will be announced on our website or through similar means and all amended terms shall be automatically effective no less than seven (7) days after announcement. Contact information If you have questions about our handling of personal information, you may write to us at or at the address below. Corporate identity E-Car Club Ltd is located at 14 Marshalsea Road, London, SE1 1HL (company registration number ).