Terms and conditions

Flexi - Lease & Subscription Terms and Conditions

Upon signing the agreement you are entering into a contract and accept the conditions below. ‘We’ are the company, Moovon Ltd referred to as the lessor in the hire agreement and ‘You’ are either the company or person referred to as the hirer and/ or the driver in the hire agreement. Please read this agreement carefully. If there is anything you don’t understand or disagree with, please ask any member of staff at the place of hire about this.

1. Hire Duration

You hire the vehicle for the hire period shown in the agreement. We may agree to extend this hire period, but the lease period must never be more than the agreed period. If you do not bring the vehicle back on time to the agreed return location, you are breaking the terms of this agreement. We can charge you for every day after you should have returned it to us. Until we get the vehicle back, we will charge you the daily rate of the hired vehicle, or any fees incurred to Gap Leasing LTD. We are entitled to terminate this agreement if you break any of its terms and you must return the vehicle immediately or we will repossess the vehicle. You authorise us to enter your property to do so. We are entitled to request return of the vehicle even if you have not broken any terms on this basis we will provide a comparable vehicle.

2. Your responsibilities

(a) You must look after the vehicle and its keys. You must always lock the vehicle when you are not using it and use any security device supplied with the vehicle. You are uninsured in respect of and must personally indemnify the Company for all costs and losses, including, but not limited to, recovery costs, losses or repair costs, caused by the following matters, for which you are hereby responsible:

(b) Failure to return keys to Moovon Ltd on time or at all;

(c) Bad weather, as you must always protect the vehicle against weather severe enough to cause vehicle damage;

(d) Failure to use the correct fuel;

(e) Failure to maintain correct vehicle fluid levels and tyre pressures;

(f) Hitting low-level objects, including low tree branches or height-restriction devices;

(g) Failure to return the vehicle in the condition in which it was given at its pre-hire inspection and damage to the exterior and interior of it while in your possession; you shall be required to pay the full cost to the Company of repair;

(h) Loss or damage to equipment supplied (whether hired to you or supplied free of charge) at the time of hire, including, but not limited to, satellite navigation equipment or any other good separate from the vehicle itself.

(i) You must not sell, rent, lend or dispose of the whole vehicle or any of its parts.

(ii) You must not give anyone any legal rights over the vehicle.

(iii)You must not let anyone work on the vehicle without our permission. If we give permission, we will only refund its cost if you supplied a receipt proving the cost of the work.

(iv) You must tell us of any fault in the vehicle as soon as you notice it.

(v) You must return the vehicle to the place specified in the rental agreement, during the opening hours displayed at that place. You must request our staff to inspect the vehicle to check its condition on return, and you remain responsible for the vehicle until it has been so checked. If you return the vehicle outside business hours with our agreement, you will remain responsible for it and its condition until it is first inspected by our staff on the first working day following its return.

(vi) You must return the vehicle empty of all goods and things which you and others put into it.

(vii) You must not allow any unauthorised person to drive the vehicle. Authorised persons are those named on this agreement or authorised by the company in writing, or corporate hirers who have satisfied us that they have suitable insurance covering accidents by their staff whom they authorise to drive the vehicle.

(viii) You are responsible for all costs incurred through your negligence, in the event that the Insurer avoids your insurance cover or refuses to indemnify you for any reason: for example, damage to clutch.

(ix) You must pay the appropriate authority any fines and costs if and when the authority demands this payment;

(j) You must ensure your vehicle is insured before collection of the vehicle. Failure to do so will result in an immediate termination of your hire.

(k) You must notify us of any change of address immediately, failure to do so may result in the hire being terminated.

(l) If you wish to place your own security device or tracker onto the vehicle, you must obtain written confirmation from Moovon Ltd.

3. Our Responsibilities

We warrant that we have maintained the vehicle to at least the manufacturer’s recommended standard, and that it is roadworthy and suitable for renting at the start of the rental period. If you are not renting the vehicle for business use, we are responsible to ensure that the vehicle is fit to drive; and we have the right to rent it out. We are responsible if someone is injured or dies as a result of our negligent act or failure to act. We are also responsible for losses caused by us breaking this agreement, but only such losses as are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time the vehicle is rented. We are not responsible for indirect losses which happen indirectly as a result of the main loss or damage, and which are not foreseeable by you and us (such as loss of opportunity).

4. Property

We are only responsible for loss or damage to property left in the vehicle if the loss or damage results from our negligence or a breach of contract.

5. Conditions for using the vehicle

The vehicle must only be driven by you and any other driver named on your policy, or by anyone else we authorise in writing. Anyone driving the vehicle must have a full valid driving licence. You or any other authorised driver must not: use the vehicle for hire or reward; use the vehicle for any illegal purpose; use the vehicle for racing, pace-making, testing the vehicle reliability and speed or taking a driving test; use the vehicle while you have alcohol or illegal drugs in your body; use the vehicle outside England, Scotland and Wales, unless we have given you written permission; Use the vehicle while loaded beyond the manufacturer’s maximum weight recommendations; use the vehicle with the load not secured safely; if the vehicle is a commercial vehicle, use it for a purpose for which you need an operator licence if you do not have one; use the vehicle or allow it to be used off-road or on roads unsuitable for it; drive in restricted areas including, but not limited to, airport or dockyard service roads and associated areas.

6. Towing

You or any other authorised driver must not use the vehicle for towing unless we have given you written permission.

7. Charges

The costs of our vehicles are worked out from the leasing costs applied to Moovon Ltd from our providers. A small fee is then applied from Gap Leasing LTD and the final figure is shown on page 1 (Monthly Hire).

(i) We will only charge you for our loss of income to the extent that we cannot recover such losses. We will charge you at the daily rate published by us for loss of income.

(ii) You will pay and indemnify us in respect of the following:

a. The rental and any other charges due under this agreement (unused rental days and early returns being non-refundable);

b. Any charge for loss or damage resulting from you breaking condition 2.

c. The amount of any fines, vehicle clamping costs and court costs for parking violations, failure to pay congestion charges, and other traffic violations;

d. The management fee as shown on the agreement for dealing with notices received from any authority in respect of the matters in clause 7;

e. The reasonable cost of repairing any extra damage which was not noted on our vehicle check form at the start of the agreement, whether you were at fault or not (subject to clause 3);

f. the reasonable cost of replacing the vehicle if stolen or damaged beyond economic repair, less any amount we recover from any Insurer under any insurance you have (as set out in clause 8).

g. Any charges arising from HM Revenue and Customs or HM Vehicle Inspectorate seizing the vehicle while in your possession, together with a loss-of-income charge while we cannot rent out the vehicle.

h. Any rates communicated to you for delivering and collecting the vehicle.

i. Interest which we will add every day to any amount you do not pay us on time, at the rate of 4% a year above the base lending rate of Barclays Bank from time to time, which may change.

j. Value added tax and all other taxes on any of the charges listed above, as appropriate.

k. any fines or costs arising from offences under Part 111 of the Road Traffic Offenders Act1988, the Road Traffic Act 1991, and Road Traffic Regulation Act 1984 in each case as amended, replaced or extended by any subsequent legislation or for any charges demanded by a 3rd party as a result of the vehicle being parked or left upon land which is not a public road.

l. If for any reason, whether your fault or not, you do not return the vehicle to the pre-arranged end of hire location, and we collect the vehicle then you will pay

(i) all costs for the collection of the vehicle, and

(ii) compensation for our loss of use until collection.

m. Inception fees are non-refund-able once delivery has taken place

8. Insurance

Our insurance programme If we arrange insurance, we will give you information about the insurance cover and any restrictions which may apply. Otherwise, the conditions of your insurance will apply. By signing the agreement over the page you are accepting the conditions of our insurance programme. The Law requires us to have third party insurance cover for claims arising if you injure or kill anybody, or damage property (cover for damage to property is limited to £5,000,000).

Your own insurance If we have agreed as indicated under insurance details overleaf, you may arrange your own insurance for the duration of the rental. This is subject to you satisfying us that your insurance is valid, you signing to confirm the details and to agreement on the level of cover you must arrange, the type of policy and the insurer’s identity. We must be satisfied with the cover and policy conditions, and you must not change them. We may ask your insurers to record our name as owners of the vehicle. If the vehicle is damaged or stolen you will let us negotiate with the insurers about repair of the vehicle and the amount of any payment due to us. If for any reason the amount which we receive from the insurance company is less than the amount of any loss we have suffered, you must pay us the difference. You must pay us the full amount of our loss and all costs if the vehicle is damaged, lost or stolen, or a claim has been made by any other party, if any insurance policy you have arranged fails for any reason whatever.

(a) The vehicle must be insured before the keys are provided. Whether this be;

(i) Coverage provided through the Moovon Ltd team, or;

(ii) Personal cover arranged by you.

9. What to do in the event of an accident

If you have an accident, you must not admit responsibility. You must get the names and addresses of everyone involved, including witnesses. You should also make the vehicle secure; tell the police straight away if anyone is injured or there is any disagreement about who is responsible; and call the office from which you rented the vehicle within 2 working hours. Notify your insurer after speaking to the Moovon Ltd team where we will advise you on the next steps. We are not obliged to replace any damaged vehicle with another hire vehicle.

10. Data Protection

You agree that we may use any information you have given us to carry out our own market research and you authorise us to contact you in the future by the way of direct marketing if we have information, we feel may be of interest to you. You agree that we can give this information to credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA), debt collectors and any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), who can pass it on to any of its members for any purpose shown in the Data Protection Act 1998. Motor Insurers share information to prevent fraudulent claims. In the event of a claim the information on this form and any claim form may be put on a register and shared with others.

11. Ending the Agreement

a. If you are an individual, we may end this agreement without prior notice if a bankruptcy order is made against you or belongings have been taken from you to pay your debts, or a receiving order has been made against you. We may also end this agreement if you break any terms of this agreement.

b. If you are a company, we may end this agreement without notice if you go into liquidation; or you call a meeting of creditors, or your goods are taken from you to satisfy debts; or you break any of the terms of this agreement.

c. If we end this agreement, it will not affect our right to claim any money we are owed under the agreement. We can also claim reasonable costs from you if you do not meet any of the terms of this agreement. We can repossess the vehicle (and charge you a reasonable amount).

12. Governing Law

This agreement is governed by the laws of the country in which it is signed. Any dispute maybe settled in its courts.

Car Club Terms and Conditions

Hiya Car Driver Accounts

1. Once logged into the Hiya Car app they will verify drivers using our automated and manual verification partners and checks. They run these checks to make sure they have quality drivers and also for our insurance providers to be able to provide cover. Their verification includes address, credit, licence and personal insurance claim checks. If you fail their verification then they will endeavour to be transparent and explain why. Though they know they may not verify some legitimate potential drivers, safety comes first and the decision will not be reversed.

2. You agree to keep us informed promptly of all changes in your personal information, including address, phone number, driving convictions and claims.

Hiya Car’s full Driver criteria

3. UK Licences

Drivers aged between 23-24 years old must have a clean licence and have at least 24 months driving history.

4. Drivers aged 25 years and older must have at least 12 months driving history and can have up to 6 points on their licence (in the past 5 years), though they may be referred to our insurance partner depending on the driving conviction.

5. Who we cannot currently provide insurance for:

a. Anyone with an outstanding County Court Judgement

b. If you have ever been refused insurance, had a policy cancelled, had a policy voided or been quoted an increased premium or had special terms imposed

c. Anyone who has ever been convicted of or cautioned for any criminal offence of any kind or have any prosecution pending e.g. fraud, theft, acts of violence etc

d. Anyone who has been disqualified for driving in the last 5 years

6. How long can I book for?

a. If you have been driving for under 3 years then you can book cars for a maximum of 24 hours.

b. If you have between 3-4 years experience you can make bookings for up to 2 days in length.

c. If you have been driving for over 4 years than you can make bookings for 1 hour up to 10 days in length.

7. Verification

a. The quickest way to sign up and get verified is via our mobile apps.

b. For security, Hiya Car will run our verification checks to confirm that you are who you say you are and live where you say you live so it is important to register with your most up to date details. If you do not, then you will fail these checks and that will stop you from being able to book a car.

8. Cars you can drive

a. The types of cars you are able to drive are dependant on your age, driving history and driving experience

9. EU Licences

If you have an EU licence you must have a registered UK address and to have passed our criteria to hire a car. Criteria:

a. Pass our standard identity verification checks

b. Have at least 24 months driving history if aged 23-24 years old

c. Have at least 12 months driving history if aged 25 years old +

10. Booking duration is the same as with UK licences above.

11. International Licences: Hiya Car are unable to verify drivers with international licences.

12. You shall not permit a non-verified driver to make a booking, pick up a car or drive a car from the Service. If we discover that a non-verified driver has tried to book, pick up or drive a car, we will terminate the booking with immediate effect, terminating any active insurance policies, with no refunds.

Booking

1. All bookings must be made using the Services booking tools on our website or mobile apps.

2. Bookings can be made for up to 45 days in advance, and each booking request will stay open for at least 24 hours before it will expire, if it is not accepted by a car Owner. Expired booking requests will automatically release the payment pre-authorisation (this may take a few working days to be made available by your bank).

3. Booking periods can be a minimum of 1 hour up to a maximum of 10 days.

4. Drivers and Owners can cancel a booking at any time with payment / refunds. If a driver cancels a booking more than 24 hours before pick-up they will not be charged a cancellation fee and will receive a full refund for their booking automatically (will take a few working days to appear in their bank). Likewise, if a driver cancels their booking within 30 minutes of making the booking the same rule applies. If the cancellation is made under 24 hours before pick-up then a refund of 50% will be due to the driver. The Owner will receive their usual commission % on the remaining 50% of the rental fee.

5. When a booking is requested Hiya Car will pre-authorise the full amount to make sure that your account has the sufficient funds to cover the cost of the booking for when it gets accepted.

6. Drivers can request multiple cars for the same booking duration and Hiya Car will only pre-authorise the amount equal to the most expensive booking. When the first booking is accepted the other booking requests will automatically be cancelled.

7. If your booking requests are not accepted within an hour, Hiya Car will notify Owners who match your booking criteria (location, cost, type of car) and they may decide to offer you an opportunity to book their car instead if it is available. You are not obliged to accept this offer if you do not want to.

8. Hiya Car reserve the right to charge you for additional hours and additional insurance if you are late in returning the car to the designated drop off location.

9. If a Driver breaches our Driver Criteria or Terms and Conditions during the booking period then the booking will be terminated with immediate effect along with the insurance policy. The Driver will not be permitted to drive the car and may be liable for the cost of recovery. The Driver will not be eligible for a refund.

10. Bookings can only be cancelled using the hiyacar website, mobile apps or by contacting us directly.

<h3>Driving and returning cars</h3>

1. Only the named verified account holder can pick up and drive a car from our Service. If a non-verified Driver is detected Hiya Car will cancel the booking and your insurance policy will be terminated. No refunds will be issued in these circumstances. The named account holder will be liable for any costs associated with recovering the car, damage, any third party damages to vehicles or property, any injuries sustained by other parties and any other fines or costs associated with the booking. Driving a car without valid insurance is a criminal offence!

2. Drivers are responsible for picking up and returning cars on time. There is no grace period with your insurance policy so if you are going to be late then you must extend as soon as you can.

3. Drivers are responsible for inspecting the car and for completing the pick-up process at the start of the booking and the drop off process at the end of the booking in the mobile app. Make sure you clearly document any existing damage during the pick-up process since you can be held liable for damage noted at drop-off that was not noted at pick-up.

4. Cars need to be driven with care and returned in the condition that they were received. This includes the cleanliness, the fuel level and the general car condition. As Hiya Car do not take deposits, they reserve the right to charge for missing fuel, costs associated with miss-fuelling, cleaning, additional mileage, late fees, insurance excess and Penalty Charge Notices anytime after a booking has ended. They will always notify you of any charge they make and the reason why and will send any accompanying documents if needed.

5. Any fuel left in the car over and above the level at pickup will not be refunded.

6. Drivers must use the car in accordance with the Insurance Policy Schedule and Certificate which the Driver will have access to once the booking has been confirmed.

7. Both Owners and Drivers will receive a digitally time stamped copy of the ‘hiya agreement’ (rental agreement) once the pick up process has been completed.

8. Drivers can return cars early but no refund will be given for unused hours.

9. Owners should remove any personal property from the car before the car is given to a Driver, and Drivers should remove their personal property before the drop off process is completed. Hiyacar accepts no liability for any personal property left in a car.

10. All our cars are non-smoking.

11. Pets are not permitted in the cars.

12. Drivers are liable for the cost of replacement keys if keys are lost or stolen during the booking period or whilst the car is in their possession.

13. It is the Driver’s responsibility to delete any personal information entered into the car’s Sat Nav or infotainment system.

14. Cars must be parked legally and safely at all times, including when you drop off the vehicle. Any Penalty Charge Notices which occur as a result of a Driver's actions will be charged to the Driver and if payment cannot be taken, liability will be transferred. Drivers will also be liable for any impound costs if incurred.

15. Speeding tickets, driving offences or any criminal charges obtained during a booking will have liability transferred to the named Driver.

INSURANCE MATTERS

Only verified Hiya Car account holders who are named on the booking are insured to drive the cars on our Service. If someone other than the named Driver is suspected of driving the car then the insurance will be immediately terminated. The named Driver will then become personally liable for, but not limited to, costs associated with any damage or non return of car, any third party damage to cars or property and any injuries. Both the named and non named Driver could also receive a criminal conviction of driving without insurance (IN14).

We reserve the right to refuse insurance to any person who has ever been refused insurance, had a policy cancelled, had a policy voided or been quoted an increased premium or had special terms imposed.