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TERMS AND CONDITIONS OF RIDELINK LOCAL CAR RENTAL PLATFORM

Terms and Conditions that regulates the overview of RideLink Local Car Rental from users listing their cars to users renting cars.

IMPORTANT NOTICE

 

RideLink is operated by DS XL UK Ltd. (trading as RideLink), with company registration number 09402031 and its registered address at Oxford House, 76 Oxford Street, 4th floor, London, United Kingdom, W1D 1BS, hereinafter referred to as "RideLink", "we", "us", or "our".

RideLink connects car owners with people who are seeking to hire those vehicles. We do this by providing an online platform that provides a way to organise bookings and payments (our "Services"). The online platform is available via the RideLink website (and its sub-domains) and as an application for mobile devices (together the "Site")By registering as a user of the Services, via the Site, you agree to comply with and be legally bound by these terms and conditions of service ("Terms").

These Terms constitute a binding legal agreement between you and RideLink. Please also read our Privacy Policy carefully. If you do not agree to these Terms or our Privacy Policy, you may not use the Services.

The Services provided through the Site allow Owners (as defined below) to create a listing for their vehicles and allow Renters (as defined below) to find out information about what vehicles are available for rental and to make a rental booking directly with Owners.

RideLink acts as a broker to facilitate hiring of vehicles by Renters from Owners. RideLink provides a way to organise bookings and payments for these arrangements. RideLink does not provide car rental services and, unless otherwise expressly stated, RideLink does not own or maintain any vehicles for this purpose. RideLink has no control over the conduct of Owners, Renters and other users of the Site. The contract for car rental is between the Owner and the Renter.


 

1. INTRODUCTION

 

1.1    For the purpose of these Terms, the following words have the meaning set out below:

1.1.1 "Member": an individual who signs up for membership of the RideLink through the signup process on the Site, including Owners and Renters.

1.1.2 "Owner": a Member who signs up to make a Vehicle available to rent via the Site.

1.1.3 "Renter": a Member who requests and books a Vehicle from an Owner via the Site.

1.1.4 "Vehicle": the car (or van) and all its documents, tools, fittings, components, standard equipment (including jack, spare tyre, etc), whether mechanical or otherwise, the subject of a Booking.

 

Other capitalised terms used in these Terms have the meanings set out in the Definitions.

 

1.2    The Services provided through the Site allow Owners to create a listing for their Vehicles and allow Renters to find out information about what Vehicles are available for hire and to make Bookings directly with Owners.

 

1.3    It is important to note that RideLink is not a party to the rental agreement between the Owner and the Renter, and RideLink does not have any control over, and is not responsible for, the actions or conduct of either the Owner or the Renter. By agreeing to be bound by these Terms, you accept and agree this. If you do not, then you may not use the Services.

 

1.4    Unless otherwise stated as applying only to Owners or Renters, these Terms shall apply to all Members.

 

1.5    RideLink reserves the right to update these Terms at any time. If RideLink amends the Terms it will inform you of any changes, including by publishing the amended version on the Site and such amended version will govern the relationship between RideLink and its Members. Your continued use of the Services shall indicate your agreement to be bound by the amended Terms.

 

1.6    Members should direct any questions, complaints or comments regarding the services subject to this agreement to [email protected]


 

2. REGISTRATION & MEMBERSHIP

 

2.1    Anyone may apply to be a Member of RideLink provided that they meet the relevant membership criteria.

 

2.2    You may apply to become an Owner by submitting your details and those of your Vehicle for inclusion within the Site, in accordance with the procedure set out on the Site. Acceptance of you as an Owner will be subject to your Vehicle meeting the Car Eligibility Criteria, and subject always to RideLink's sole discretion to refuse any application.

 

2.3    You may apply to become a Renter by submitting a completed application form in accordance with the procedure set out on the Site. Acceptance of a Member as a Renter will be subject to the Member meeting the Driver Eligibility Criteria, and subject always to RideLink's sole discretion to refuse any application.

 

2.4    Once accepted into RideLink, each Member must keep his or her contact details up to date through the Site. Any mobile phone number and email address provided must be personal to, and readily accessible by, such Member.

 

2.5    All Members must cooperate with and assist RideLink in good faith (including responding promptly to communications), and provide RideLink with such information and take such actions as may be reasonably requested by RideLink in connection with any complaints, claims, charges or notices relating to Bookings, or with respect to any investigation undertaken by RideLink or its representatives, its insurers or the police, regarding any insurance claims, use or abuse of the Site or any other investigations.


 

3. BOOKING

 

3.1    Owners may make their Vehicle available for rent using the Site, specifying the time periods during which the Vehicle is available to rent in accordance with the availability procedures set out on the Site.

 

3.2    An Owner may elect to use Custom Pricing or Market Pricing for his or her Vehicle. If an Owner chooses Custom Pricing, the Owner may set the price of his or her Vehicle by the day or by the week, and such prices (as adjusted for insurance and extras) shall apply to all Bookings of that Vehicle. If an Owner chooses Market Pricing, RideLink will apply default prices to the Vehicle, may adjust such prices up and down at its sole discretion, and such adjusted prices (as adjusted for insurance and extras) will apply to any Booking. An Owner may change between Custom Pricing or Market Pricing at any time, but such change will not affect the pricing of any Booking Request or Booking Confirmation already issued at the time of the change.

 

3.3    Applied prices will vary according to the length of the rental (known as "Rental Price"). Rentals up to and including 24 hours in duration, the price applied will be the daily rate. For rentals longer than 24 hours, the price applied will be the number of days (rounded up to the nearest whole 24 hour period) times the daily rate. For rentals longer than 7 days, the price applied will be the cheaper of the daily rate times the number of days, and the weekly rate. Once the weekly rate has been exceeded for a selected booking, additional time will be charged using the cheaper of (a) the daily rate times the number of additional days (rounded up to the nearest 24 hour period), and (b) the pro-rata of the weekly rate. Multi-week rentals will be charged using the cheaper of (a) the daily rate times the number of additional days (rounded up to the nearest 24 hour period), and (b) the pro-rata of the weekly rate times the number of weeks.

 

3.4 RideLink will charge Renters a fee (known as "Renter Fee") for the use of its online platform, which is calculated as a percentage of the applicable Rental Price, as set out in the Schedule of Charges. The Renter Fee will be displayed to the Renter when the Renter is asked whether to send a Booking Request to an Owner. The Renter Fee addresses a number of costs, which may include our roadside service.

 

3.5    Renters may request to book Vehicles that are available for hire using the Site by making a Booking Request.

 

3.6    Owners may choose the option either to (a) accept or decline each separate Booking Request individually (known as "Available on Request").

 

3.7    A Booking Request will specify the start and end time of the proposed rental (the "Initial Rental Period"), the Rental Price, the Renter Fee and any additional fee, with all costs to the Renter associated with the Initial Rental Period.

 

3.8    Once a Booking Request has been confirmed by an Owner it is binding on both Owner and Renter, and subject to the cancellation rules set out in these Terms. Upon confirmation by the Owner, a Booking Confirmation will be issued by the Site.

 

3.9    A Renter may cancel a Booking Request without charge or penalty at any time before the Owner confirms the Booking Request by withdrawing the Booking Request. Thereafter, the cancellation provisions in these Terms will apply.

 

3.10    When making a Booking, the Renter should rely solely on the information provided on the Site, and any additional information communicated to the Renter by the Owner. RideLink may endeavour to provide additional information about the Vehicle upon request from the Renter, but will not assume any liability for the accuracy or completeness of any such information.

 

3.11   The Owner, not RideLink, is solely responsible for honouring any confirmed Booking Requests and making the Vehicle available to satisfy the Booking Request.

 

3.12   For the convenience of customers, RideLink provides an online facility for a customer to make a conditional booking for a Vehicle before he or she has completed the Member signup process and has been approved as a Member (a “Conditional Booking”).

 

3.13   This Conditional Booking pathway is only available on selected vehicles for selected bookings, and is only available to new customers of RideLink who have not previously made an application to become a Member (whether or not such application was approved).

 

3.14   A customer who makes a Conditional Booking agrees to be bound by these Terms (as modified and supplemented by clauses 3.11 to 3.16) and these Terms as so modified constitute a binding legal agreement between the customer and RideLink.

 

3.15   The performance of the Conditional Booking is conditional upon the approval of the customer as a Renter by RideLink. If the customer is approved as a Renter by RideLink, the customer shall become a Renter of RideLink and the Conditional Booking shall become a confirmed Booking for the purposes of these Terms. If the customer is rejected as a Renter by RideLink, or is otherwise not approved as a Renter by RideLink 73 hours before the booking, the Conditional Booking shall be cancelled and the customer’s payment for the Conditional Booking shall be refunded by RideLink on behalf of the Owner.

 

3.16   A customer may elect to cancel a Conditional Booking up to 72 hours before the pick-up date and time without charge. In such cases, the Conditional Booking shall be cancelled and the customer’s payment for the Conditional Booking shall be refunded by RideLink on behalf of the Owner. Unless otherwise requested by the customer, RideLink will continue to process that customer’s application for RideLinkmembership and will notify him or her of the outcome.

 

3.17   Customers are reminded that RideLink is not a party to the rental agreement between the Owner and the customer, and is not responsible for the actions or conduct of the Owner. In the case of Conditional Bookings, the Owner retains the right to cancel in accordance with the Terms as if that Conditional Booking was a confirmed Booking.

 

 

4. RENTAL PERIOD

 

4.1    The Renter will have exclusive use of the Vehicle for the Rental Period.

 

4.2    If requested by the Renter, the Owner may, at the Owner's sole discretion, agree to extend the Initial Rental Period for an Extended Rental Period. If the Rental Period (including extensions) exceeds 28 days, the rental will be subject to review by RideLink, and RideLink reserves the right to require the renter to allow the owner to recheck the vehicle periodically. The Renter must inform RideLink of the Extended Rental Period agreed with the Owner prior to the expiry of the Initial Rental Period (or any previously agreed Extended Rental Period). RideLink will then adjust the Rental Price and Rental Fee and arrange an applicable extension to the Insurance to account for the Extended Rental Period, subject to appropriate Insurance cover being available. Members will not be covered by Insurance where an extension is not notified to, and approved by, RideLink. It is vital that all extensions are notified to RideLink in accordance with these Terms because driving without proper insurance is an offence and Members may be personally liable for any loss or damage caused in any period where they are not covered by Insurance.

 

4.3    If the Renter did not request an Extended Rental Period and fails to return the Vehicle to the Owner before the end of the Rental Period, the Renter shall be liable for an additional fee (the "Late Return Fee") for the period of additional time until the Renter returns the Vehicle to the Owner (the "Delay Period"). The hourly Late Return Fee shall be calculated as twenty-five percent of the daily rate of the Vehicle at the time of the Booking Confirmation, prorated for the length of the Delay Period and rounded up to the next whole hour, up to twice the daily rate per day of delay. The Renter may also be liable for additional insurance charges in relation to the Delay Period along with applicable Administrative Charge. The Renter will remain responsible for all the Renter's obligations for the full duration of any Delay Period.


 

5. RESPONSIBILITIES OF THE RENTER

 

5.1    The Renter must pick up the Vehicle at the time and place specified in the Booking Confirmation or as otherwise agreed directly with the Owner.

 

5.2    Damage present at the end of the reservation is presumed to be the responsibility of the renter, so the Renter must inspect the Vehicle before the start of the Rental Period. If the Renter identifies any damage, any scratches, bumps and dents in the bodywork, and any other defects, abnormalities or damage, the Renter should ensure that such damage is recorded in the Rental Agreement  before the rental begins.

 

5.3    It is a driver's responsibility under UK law to ensure that the Vehicle is roadworthy. If the Renter reasonably believes the Vehicle is not roadworthy, the Renter may cancel the Booking in accordance with the cancellation policies set out in these Terms. In conducting the damage inspection and roadworthiness checks, the Renter should, as a minimum, check that:

 

5.3.1 tyres all have adequate tread depth and are not worn;

5.3.2 the handbrake works;

5.3.3 engine noise is not excessive or unusual;

5.3.4 electric windows work;

5.3.5 mirrors adjust;

5.3.6 side mirrors are free from cracks;

5.3.7 seats adjust;

5.3.8 seat belts are present and work;

5.3.9 headlights, indicators, brake lights and reversing lights work;

5.3.10 any chips on windscreen are noted;

5.3.11 the in-car entertainment and other peripherals work; and

5.3.12 washer fluid is present;

 

5.4    The Renter should also ensure that the fuel level is registered in the Rental Agreement. Any difference in the fuel at the return is due to the Renter.

 

5.5    The Renter must treat the Vehicle and its keys with reasonable care and will be responsible for the Vehicle and its keys whilst out of the possession of the Owner. This includes driving carefully, always locking the Vehicle and using any additional security device fitted to or supplied with the Vehicle when it is not in use.

 

5.6    The Renter must only use the correct fuel for the Vehicle and will be liable for the cost of any repairs, towing fees or other costs incurred as a result of using the wrong fuel.

 

5.7    The Renter must not sell, rent or dispose of the Vehicle, or any of its parts. The Renter must not give anyone any legal or beneficial rights over the Vehicle.

 

5.8    The Renter must bring the Vehicle back to the location agreed in the Booking Request, or as close as possible to that location. The Renter must park the Vehicle legally and in accordance with any restrictions imposed by any parking permits associated with that Vehicle and must inform the Owner of any restrictions applicable to the return location. The Renter will be liable for any parking charges incurred at the point of return, unless the risk of incurring such charges has been expressly acknowledged and agreed with the Owner or RideLink. The keys must then be handed to the Owner or returned in a manner otherwise agreed with the Owner at the start of the rental.

 

5.9    Before returning the Vehicle, the Renter must ensure that the Vehicle is as clean as at the start of the Rental Period, and the Renter must remove any debris, rubbish and the Renter's personal items from the vehicle.

 

5.10    The Vehicle must only be driven by the Renter and any Additional Drivers, who must each meet, and continue to meet, the Driver Eligibility Criteria throughout the Rental Period.

 

5.11    The Renter, and any Additional Drivers, must not:

 

5.11.1 use the Vehicle for any illegal purpose;

5.11.2 overload the Vehicle by number of persons carried or by weight of goods carried;

5.11.3 use the Vehicle whilst under the influence of alcohol or drugs;

5.11.4 use the Vehicle if the driver may reasonably be considered to be unfit to drive a vehicle;

5.11.5 use the Vehicle for racing, speed-testing or teaching someone to drive;

5.11.6 use the Vehicle for any commercial purpose;

5.11.7 use the Vehicle off-road;

5.11.8 'clock' the Vehicle or tamper in any way with the Vehicle's odometer;

5.11.9 modify the Vehicle in any way (including fitting roof racks/bike racks and/or towbars) or allow anyone to work on, or fit any new or replacement parts to, the Vehicle without the express permission of the Owner;

5.11.10 drive the Vehicle outside Great Britain, Northern Ireland, the Isle of Man, the Channel Islands, any other member country of the European Union, Iceland, Norway and Switzerland;

5.11.11 if the Vehicle has a manual transmission, drive the Vehicle without adequate prior experience of using a manual transmission; or

5.11.12 smoke in the Vehicle, or transport any animals or pets in the Vehicle without the express prior consent of the Owner. 

 

5.12    The Renter shall, and shall procure that any Additional Drivers, comply with all legal obligations that he/she has as a driver under these Terms and any applicable law.

 

5.13 In case of a claim or damage to the Vehicle, the Renter must have the Owner’s or RideLink’s permission before spending any money towards the repair of the Vehicle, such as replacing the battery or a tyre.

 

 

6. RESPONSIBILITIES OF THE OWNER

 

6.1    The Owner must be the registered keeper of the Vehicle. The Owner is responsible for ensuring that there are no restrictions on the Owner using the Vehicle for the purpose of Bookings. The Owner must also provide reasonable documentation to evidence this, if requested by RideLink, such as the Registration Certificate of the Vehicle.

 

6.2    The Owner must make the Vehicle available at the start of each Rental Period at the location and time as specified in the Booking Confirmation or as otherwise agreed directly with the Renter prior to the start of the Rental Period.

 

6.3    The Owner must ensure that, at the start of each Rental Period, the Vehicle is roadworthy and serviceable, including that:

 

6.3.1 tyres all have adequate tread depth and are not worn;

6.3.2 the Handbrake works;

6.3.3 engine noise is not excessive or unusual;

6.3.4 electric windows work;

6.3.5 mirrors adjust;

6.3.6 side mirrors are free from cracks;

6.3.7 seats adjust;

6.3.8 seat belts are present and work;

6.3.9 headlights, indicators, brake lights and reversing lights work;

6.3.10 any chips on windscreen are noted;

6.3.11 the in-car entertainment and other peripherals work; and

6.3.12 washer fluid is present

 

6.4    The Owner should ensure that, at the start of each Rental Period, the Vehicle is clean and tidy and free from debris, rubbish and any of the Owner's personal items. Any personal items left in the Vehicle are left at the Owner's own risk as loss and damage to such items will not be covered by the Insurance.

 

6.5    The Owner will maintain a record of any scratches, bumps and dents in the bodywork and any other defects, abnormalities or damage to the Vehicle in the Rental Agreement,  which the Owner must fill in before the rental begins. If there are any problems with the Vehicle at the start of the Rental Period, or if the Vehicle breaks down during the Rental Period, the Renter may apply to RideLink for a full or partial refund of the Rental Price, depending on the circumstances and at RideLink's sole discretion. Where a full or partial refund is made, the Owner Payment for the Booking will be reduced by such amount.

 

6.6    The Owner will maintain the Vehicle to at least the manufacturer's recommended standard (including timely servicing and observing recommendations as to tyre tread depth) and will maintain a valid MOT certificate. The Owner will also maintain valid vehicle tax and meet any other statutory requirements for use of a vehicle on public roads in the UK. The Owner will provide reasonable documentation to evidence this, if requested by RideLink.

 

6.7   The Owner undertakes to describe his or her Vehicle accurately on the Site, and to keep the information on such listing up to date.

 

6.8   It is the Owner responsibility to verify the identity of the Renter and the payment details as instructed in the Rental Agreement at the beginning of each Rental Period. The Owner must keep a photo of the Driving Licence of the Renter in his or her records, which may be requested by RideLink in case of an Insurance Claim or on suspicion of fraud. If the Owner fails to reproduce the photo of the Driving Licence of the Renter upon request, RideLink reserves the right to refuse to pay any Owner Payment and refuse any Insurance Claim related to this Rental Agreement.

 

6.9 The Owner agrees to cooperate with and assist RideLink in good faith (including responding promptly to communications), and provide RideLink with such information and take such actions as may be reasonably requested by RideLink in connection with any complaints, claims, charges or notices relating to the Owner's Vehicle and Vehicle listing, or with respect to any investigation undertaken by RideLink or its representatives regarding use or abuse of the Site.

 

6.10 The Owner shall not offer any vehicle that is not safe and legally registered to be driven on public roads. If the Owner discovers  any issue concerning the safety or roadworthiness of the Vehicle, the Owner must notify RideLink immediately.

 

6.11 The Owner certifies that the information provided on the rental agreement is accurate and properly authenticated by both parties.

 

6.12 The Owner shall only offer to rent vehicles which are covered by a third party liability insurance and by all other insurances that are mandatory under the laws of the country where the Vehicle is rent. While the RideLink insurance policy will supercede other policies for the duration of a rental, it is a requirement that the Vehicle be insured outside the period of rentals as well. The Owner will provide reasonable documentation to evidence this, if requested by RideLink.

 

 

7. RESPONSIBILITIES OF ALL MEMBERS

 

In addition to clauses 5 and 6, in connection with your use of or access to the Services, as a Member you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to

 

7.1. Violate any law, including:

 

7.1.1. Breach, violate, and/or circumvent any local, state, provincial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, third party rights or our systems, policies, or determinations of your account status;


7.1.2. Post false, inaccurate, misleading, defamatory, or libelous content;


7.1.3. Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to RideLink, or that comes from the Services and belongs to another RideLink user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property privacy, publicity, moral, or contractual rights, except with prior express written permission of RideLink;

 

7.2. Submit any false information, including:

 

7.2.1. Submit any false information including name, date of birth, drivers license, credit card, insurance, or other personal information;

7.2.2. Submit a claim, or respond to a claim (for example about damage to a Vehicle), with false or misleading information;

7.2.3. Rent or drive any Vehicle without a valid driver’s license;

7.2.4. Submit any listing with false or misleading information, or submit any listing with a price that you do not intend to honor;

7.2.5. Register for a RideLink account on behalf of an individual other than yourself;

7.2.6. Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

 

7.3. Fail to honor your commitments, including:

 

7.3.1. fail to pay your fees or other amounts owed to RideLink or another user;

7.3.2. fail, as either a Renter or Owner, to timely deliver, make available, or return any Vehicle, unless you have a valid reason as set out in our Policies;

7.3.3. use the Services to find an owner or traveler, and then complete a Vehicle rental or related transaction partially or wholly independent of RideLink Services, in order to circumvent the obligation to pay any RideLink Fees related to RideLink’s provision of the Services or for any other reasons;

7.3.4. transfer your RideLink account and/or user ID to another party without our consent;

7.3.5. Allow anyone other than an Approved Driver with whom you are traveling to drive the Vehicle you have rented;

 

7.4. Harm or threaten to harm users of our community, including:

 

7.4.1 “stalk” or harass any other RideLink user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a RideLink owner or traveler in accordance with these Terms;

7.4.2. engage in physically or verbally abusive or threatening conduct;

7.4.3. use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers;

 

7.5. Use RideLink for your own unrelated purposes, including:

 

7.5.1. contact a user/Owner for any purpose other than asking a question related to a booking or such Owner’s Vehicle(s) or listing(s);

7.5.2. contact a user/Renter for any purpose other than asking a question related to a booking or such Renter’s use of RideLink Services;

7.5.3. commercialize any content found on RideLink or software associated with our Services, including Reviews;

7.5.4. harvest or otherwise collect information about users without their or our consent;

7.5.5 recruit or otherwise solicit any user to join third party services or websites that are competitive to RideLink, without RideLink’s prior written approval;

7.5.6 accept or do payments for Rentals outside of the platform;

 

7.6. Interfere with the operation of the Services, including:

 

7.6.1. interfere with any other user’s listings;

7.6.2. enter into a RideLink transaction with a member of your family, household, or close personal friend;

7.6.3. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

7.6.4. distribute viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of our Services, or harm RideLink or the interests or property of others;

7.6.5. bypass robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

7.6.6. systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

7.6.7. use, display, mirror, or frame the Services or any individual element within the Services, RideLink’s name, any RideLink trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without RideLink’s express written consent;

7.6.8. access, tamper with, or use non-public areas of the Services, RideLink’s computer systems, or the technical delivery systems of RideLink’s providers;

7.6.9. attempt to probe, scan, or test the vulnerability of any of RideLink’s system or network or breach any security or authentication measures;

7.6.10. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by RideLink or any of RideLink’s providers or any other third party (including another user) to protect the Services;

7.6.11. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;

7.6.12. attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or

7.6.13. endeavor to circumvent a suspension, termination, or closure of your account, including, but not limited to, creating a new account to circumvent an account suspension or closure.


 

8. RENTER CHARGES

 

8.1    The Renter shall pay the following fees (referred collectively as "Total Price") in respect of the Booking and RideLink shall collect such payment on behalf of the Owner, acting in the limited capacity of authorised payment collection agent of the Owner:

 

8.1.1 the Rental Price;

8.1.2 the Renter Fee;

8.1.3 any Insurance Fee, selected by a Renter to lower the excess amount of the Insurance (which may include a young driver's surcharge);

8.1.4 any Optional Extra Fees, selected by a Renter in relation to a Rental Period (which may include a Delivery Fee);

 

8.2    The Renter shall also pay the following additional charges (referred collectively as "Additional Charges") in respect of the Booking and RideLink shall collect such payment on behalf of the Owner, acting in the limited capacity of authorised payment collection agent of the Owner:

 

8.2.1 any Late Return Fee, as described in clause 13;

8.2.2 any Excess Mileage Fee, being the cost per mile set out in the Schedule of Charges times the excess mileage above the limit stipulated by the Owner at the Booking;

8.2.3 the Refuelling Charge, being the cost of refuelling the Vehicle back to its previous level, plus an Owner Administration Charge, if the Vehicle is returned with any less fuel than the Owner supplied;

8.2.4 the Cleaning Charge, being the cost of cleaning the Vehicle plus an Owner Administration Charge, if the Vehicle is returned to the Owner in a standard requiring the services of a cleaning company. The Cleaning Charge and Owner Administration Charge may apply in circumstances including, but not limited to, where the Vehicle is returned with evidence of sand, dirt, mud, unauthorised smoking or unauthorised pets;

8.2.5 the Key Replacement Charge, being the full cost of replacing the keys to the Vehicle (plus an Owner Administration Charge), if all or part of the Vehicle's keys are not returned to the Owner;

8.2.6 the Locksmith Charge, being the full cost of a locksmith's attendance and work in the event that, for example, the keys are locked in the Vehicle, plus an Owner Administration Charge;

8.2.7 the amount of any loss or damage resulting from any breach of the Renter's responsibilities set out in clause 5;

8.2.8 the fines and charges set out in clause 8 and all charges, fines and court costs for congestion charges, parking, traffic or other offences, including any costs which arise if the Vehicle is clamped, and any civil penalty payable relating to the Booking. The Renter must also pay the appropriate authority any fines and costs if and when the relevant authority demands this payment, and acknowledges that such obligations may be communicated to the Renter directly, or through RideLink on behalf of the Owner or the relevant authority. In all cases, the Renter will also be liable for the Penalty Notice Administration Charge;

8.2.9 any other charges stipulated by the Owner in the vehicle’s description or agreed between the renter and the owner including but not limited to any charges relating to pick up or delivery of the vehicle, the distance driven during the Rental Period, or the provision of accessories or additional items, and any other charges due by the Renter according to the Terms.

 

8.3    RideLink, acting in the limited capacity of authorized payment collection agent of the Owner, shall have the right to collect a Security Deposit before the start of each Rental Period. We will notify you if a security deposit is required. The amount will be pre-authorized for 6 days and then captured if the rental has not completed and 48 hours have passed. If the Vehicle is returned clean and undamaged and the Renter has not caused any damage to anybody else's person or property during the Rental Period, or otherwise incurred any fines, charges or penalties, RideLink will refund the Damage Deposit in full within four working days of the end of the Rental Period which is subject to a completed and signed Rental Agreement. RideLink may satisfy any charges which RideLink, in its sole discretion, determines are due under these Terms (whether for the benefit of the Owner or otherwise) by retaining the corresponding amount from the Security Deposit. Depending on your bank and the means of payment, it may take up to seven business days after we release the deposit for the funds to be available in your account.

 

8.4. RideLink, acting in the limited capacity of authorized payment collection agent of the Owner shall also collect an Excess if the damage is reported in accordance with the applicable insurance policy. The Excess amount is shown on the Booking Confirmation. If the direct costs of damage, plus all Related Damage Costs (as defined below) are less than the Excess, the renter will be refunded the difference.

 

8.5 Related Damage Costs may include all costs and fees permitted by law, including but not limited to, estimation or appraisal costs, storage fees, towing fees, repair or replacement costs, registration or transfer taxes, claims processing costs and all similar or associated costs, minus any residual salvage value that is collected.

 

8.6    The Renter hereby authorises RideLink, acting in the limited capacity of authorised payment collection agent of the Owner, to collect any amounts for which the Renter is liable under these Terms by charging a credit or debit card, the details of which have been provided to RideLink by the Renter. This may occur for example, in circumstances where the Renter's liability exceeds the value of the Security Deposit. RideLink will inform the Renter on request of the reason for any charges that are collected in this manner.

 

8.7    RideLink will inform the Renter promptly upon receipt or notification of any charge for which the Renter is liable under clause 8.1. Without prejudice to clause 8.5, the Renter must inform RideLink within 72 hours of initial communication if the Renter intends to challenge or appeal to the competent authority against the fine, charge or penalty. In such cases, the Renter must keep RideLink informed of the progress and outcome of the challenge or appeal. RideLink is not obliged to offer any assistance to the Renter in undertaking the challenge or appeal, and may in its sole discretion impose a reasonable time limit on the Renter's challenge or appeal, after which the Renter will be liable to pay the outstanding amount of the fine, charge or notice (together with any increases or related charges that may have accrued as a result of the challenge or delay) under these Terms.


 

9. FINES AND OTHER CHARGES

 

9.1    The Renter shall be liable for the following fines and costs incurred during a Rental Period (including any Delay Period):

 

9.1.1 any and all traffic offence penalties including parking tickets, speeding fines, clamping fines, bus lane fines and compound charges; and

9.1.2 any tolls, fees or charges including the Dartford crossing toll and toll road fees, and the London Congestion Charge.

 

9.2    Wherever possible, it is the responsibility of the Renter to pay the relevant authorities directly. The Renter must provide a written report of any offences committed by him or her during a Booking to RideLink and the Owner on return of the Vehicle.

 

9.3    In the case of speeding notices (and where otherwise obliged by law) the Renter acknowledges and agrees that RideLink and/or the Owner may pass on the Renter's details to the police or relevant authority, who may then contact the Renter directly.

 

9.4    The Renter will be liable for any parking charges incurred at the point of return, unless expressly agreed beforehand with the Owner or RideLink.

 

 

10. PAYMENT

 

10.1    Each Owner hereby appoints RideLink as the Owner's authorised payment collection agent solely for the purpose of accepting the Rental Price and any other charges payable by the Renter in accordance with these Terms. In relation to each Booking, RideLink will pay to the Owner:

 

10.1.1 the Owner Payment, which is equal the Rental Price minus our Booking Fee, and adjustment for any Extended Rental Period; and

10.1.2 the allocation of any charge proceeds calculated in accordance with the Schedule of Charges.

 

10.2    Payments due under clause 10.1 will be made within 14 working days of the end of the Rental Period, to the bank account nominated by the Owner.

 

10.2.1 The Owner must nominate a bank account by providing bank details in their profile. Failure to do so for 21 days after a rental has occurred will result in the Owner forfeiting their share of the rental income.

 

10.3    The Owner accepts that RideLink's obligation to pay the Owner any sums payable under a Booking is conditional upon successful receipt of the associated payments from the other party to the Booking.

 

10.4    RideLink will pass on the relevant portion of any administration charges due to a Member in respect of a Booking once they have been collected from the Member incurring the charge, as set out in the Schedule of Charges.

 

10.5    The Owner acknowledges and agrees that RideLink may, without limiting any other rights or remedies that RideLink may have, set off any amounts received from the Renter in respect of any Booking, against any amounts payable by the Owner to either RideLink or to the Renter, pursuant to these Terms.

 

10.6    The Owner acknowledges and agrees that the Owner is solely responsible for determining any personal tax liability as a result of the receipt of any income as a result of renting his or her Vehicle, and for any applicable tax reporting requirements. RideLink does not provide or offer any tax–related advice to Members.


 

11. THIRD PARTY LIABILITY, COLLISION DAMAGE WAIVER AND THEFT INSURANCE

 

11.1    The conditions of the Insurance apply to all Bookings. Members should review the separate information on the Site and the Insurance policy documents, and be aware of any restrictions and exclusions which may apply. By applying for membership of RideLink, an applicant accepts the conditions of the Insurance as set out in the policy documents, and as summarised in this agreement.

 

11.2. Once a Booking has been made, RideLink will ensure an insurance policy (“Policy”) is in effect covering the Vehicle for the duration of the Rental Period. This additional insurance policy only covers the vehicle for the duration of the hire and once this rental period is finished the vehicle owner's normal insurance policy will again apply. The Owner and the Renter are advised to review the conditions of the insurance policy provided by RideLink. Subject to the exclusions and restrictions detailed in the Policy, the conditions of the Policy apply to all Bookings.


11.2    The Insurance provides cover for loss or damage to the Vehicle but there are Excess amounts for which a Renter is personally responsible and which will apply to each incident or claim. Depending on the Renter's age and the type of vehicle rented, the Renter may need to pay an additional amount to be covered by our insurance policy. It will also be possible to pay an additional amount to lower the excess amount by purchasing an Excess Waiver Insurance product. In the unlikely event that a Renter is involved in more than one separate incident during a Rental Period, multiple excess amounts may apply and the Renter's liability may not be limited to the Excess.

 

11.3    Third parties - There is a legal responsibility to have third party insurance for the Vehicle, and, as part of its Services, RideLink has arranged for appropriate cover for the benefit of Members. This policy provides cover for damage up to £20 million for damage to third party property and legal obligations to third party claims for injury or damage to their property. Details of the policy limits and specific coverage details are available in the policy documentation. The Renter will be responsible for any costs over and above such amount in respect of third party claims.

 

11.4    Own vehicle damage - Subject to clause 11.5, where the Vehicle is damaged, lost or stolen during the Rental Period, the Renter shall only be liable up to the amount of the Excess in relation to each separate incident, and any reasonable administration fees incurred by RideLink which arise when dealing with these matters. However, the Renter will still have to pay an amount up to the Excess every time the Renter damages the Vehicle or if the Vehicle is lost or stolen.

 

11.5    In the circumstances listed below, the Excess limit shall not apply and the Renter will be fully liable for all costs, claims, damages and expenses resulting in damage to, or loss or theft of the Vehicle. However should an accident arise due to any of the events below you must still inform the insurance company:

 

11.5.1 the Vehicle has been used for an illegal purpose;

11.5.2 the Vehicle has been overloaded either by way of the number of persons carried or by the weight of goods carried;

11.5.3 the Vehicle has been modified in any way;

11.5.4 damage has been caused by hitting overhead or overhanging objects or spanning constructions;

11.5.5 damage has been caused by hitting low-level objects;

11.5.6 the Vehicle has been used for racing, speed testing or teaching someone to drive;

11.5.7 the Vehicle has been used off-road;

11.5.8 the Vehicle has been used for carrying fare-paying passengers;

11.5.9 the Vehicle has been used in a way that breaks other parts of this agreement or the limitations of the Insurance;

11.5.10 the Vehicle has been used for a purpose for which a driver needs an operator's licence if the Renter does not have one;

11.5.11 the Vehicle has been driven whilst Renter was under the influence of drink or drugs or could reasonably have been considered unfit to drive; or

11.5.12 the Renter has not taken all reasonable care of the Vehicle when parking it or not making sure that it was properly locked or has used the wrong fuel for the Vehicle.

 

11.6 The Policy arranged by RideLink is designed not to prejudice or otherwise affect the Owner's or Renter’s existing insurance but it is the obligation of both the Owner and the Renter to check this for themselves.

 

 

12. ACCIDENTS, DAMAGE, BREAKDOWN AND THEFT

 

12.1    In the event of an accident the Renter must not admit responsibility unless advised to do so by the Insurer. The Renter should obtain the names and addresses of everyone involved, including witnesses and should also:

 

12.1.1 make the Vehicle secure;

12.1.2 tell the police without delay if anyone is injured or there is a disagreement over who is responsible; and

12.1.3 call the Insurer as stated on the Booking Confirmation.

 

12.2    Damage caused to the Vehicle outside of the Rental Period, or any damage expressly stated to not be covered by the Insurance, will not be covered by the Insurance, and the Renter will be liable for all such damage. Damage incurred while driving illegally will not be covered by the Insurance and Members may be personally liable for such damage. Unless an Extended Rental Period is agreed in accordance with these Terms, the Insurance only covers the Initial Rental Period.

 

12.3    If an Owner becomes aware that his or her Vehicle has been damaged or stolen the Owner must contact RideLink by phone within 24 hours of the end of the Rental Period (or any Delay Period). It is the Owner responsibility to fill in the Rental Agreement and Damage Report at the end of the rental, collect the signature of both parties and send it to RideLink within 24 hours as well. Subject to the terms of the Insurance, the Insurer may disregard notifications made after such time and absent of the Rental Agreement and Damage Report.

 

12.4    In the event of breakdown, the Renter should notify the provided Road Assistance Provider and await assistance. It is the responsibility of the Renter to remain with the Vehicle, in a safe location, until assistance arrives. If the Renter abandons the Vehicle in the event of breakdown, he or she will be liable for the cost of returning the Vehicle to the Owner and may be liable for the full amount of any damage or theft that occurs. The Renter must not agree to incur any costs or the installation of any parts by the Road Assistance Provider (or otherwise) without the express prior consent of the Owner or RideLink. The Owner agrees that RideLink may, acting reasonably, authorise such costs or the installation of any parts on behalf of the Owner where RideLink has been unable to contact the Owner within a reasonable time of the breakdown occurring, despite using its reasonable efforts to do so. Any such costs shall be paid by the Owner and RideLink may set off such costs against any amounts paid by the Renter, in accordance with clause 10.5.

 

12.5    If the Vehicle is stolen during the Rental Period (or any Delay Period) the Renter must inform the police and RideLink as soon as becoming aware of the theft.

 

12.6    If an Owner becomes aware that the Vehicle has been left dirty to a level warranting a Cleaning Charge, the Owner must notify RideLink within 24 hours of the end of the Rental Period (or any Delay Period).

 

12.7 The Owner is responsible for the maintenance of his or her Vehicle, and therefore responsible for mechanical and electrical breakdowns. RideLink offers road assistance for Renters during the Rental Period, but our insurance does not cover repairs related to breakdowns. However, if the Owner considers that the Renter is responsible for a breakdown as a result of a behavior contrary to the terms of the Rental Agreement, the Owner can appoint an independent expert to prove this. After a cross-examination by experts, the responsibility for the breakdown will be determined. If the Renter is designated to be responsible for the breakdown, he or she will incur all repair costs related to the breakdown. In the event of a breakdown not resulting from a use contrary to the provisions of this Agreement, the Renter may terminate the Rental Agreement and be reimbursed for the rental time not used.

 

12.8 If a Vehicle over 10 years old or has accumulated over 100,000 miles in mileage breaks down, a £75 breakdown fee will be charged, to defray the cost of Vehicle recovery. This must be paid by the Owner if the Vehicle was being used correctly before it broke down, and by the Renter if the breakdown was caused by incorrect use of the Vehicle during the rental.

 

12.9   Normal wear and tear is an inherent part of using and renting out a Vehicle and the Owner is not protected against it with our insurance policy. The Owner is responsible for wear and tear, including but not limited to worn out mechanical parts like brakes, engine parts and suspension, as well as electronics failures. We also reserve the right to classify small damages of less than three (3) inches in length to the interior and exterior of the Vehicle as wear and tear, including weathering of the paint or minor scuffing of the interior surfaces, as well as less than 3-inch nicks, scratches, abrasions or dents to the exterior (including wheels).

 

12.10 In case of a flat tyre, the Renter and the Owner also agree to the following conditions:

 

12.10.1 In the event of a puncture, the tyres are the responsibility of the Renter. If the Owner has to change two tyres after a puncture, the Renter shall pay the replacement of one tyre and 50% of the cost of the second tyre. If the puncture is caused by an abnormal obsolescence or wear and tear of the tyres, the Owner is liable for all charges.

12.10.2 If the Vehicle has no spare wheel or device for repairing a puncture, the Owner is fully liable for the breakdown service costs for the Vehicle.

12.10.3 In case of loss or theft of the key of the Vehicle during the rental, the Renter shall be liable for the cost of the production of a new key to the Owner, and if the Owner specifically requests it, 50% of costs to change the lock cylinder and the complete set of keys.

 

 

13. PERSONAL INFORMATION

 

13.1    RideLink will hold and use a Member's personal information in order to perform the Services. RideLink may also make a Member's personal information available to RideLink's group companies for business administration purposes.

 

13.2    RideLink will share Members' personal information and Vehicle details (if applicable) to the Insurer to the extent required to perform the Services.

 

13.3    RideLink may also use such a Member's personal information to search the files of credit reference agencies, who will record this search. This information will be used only to help make credit reference decisions or, occasionally, for fraud prevention or tracing debtors.

 

13.4    RideLink will share a Member's personal details with the police in response to reasonable requests (as determined by RideLink in its sole discretion) or if compelled by a court or other competent authority.

 

13.5    Each Member explicitly consents to having his or her personal details, including details of any relevant criminal offences or alleged criminal offences, transferred to credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA), debt collectors, insurance underwriters, and the British Vehicle Rental and Leasing Association (BVRLA), in the event that that Member breaches any of the conditions of this agreement.

 

13.6    Further information about how RideLink uses a Member's personal information is set out in the Privacy Policy.

 

13.7    Members will be required to share their personal information with other Members in the course of making enquiries and arranging Bookings. Each Member acknowledges and agrees that he or she shall use the information received from other Members only for these purposes and shall take all reasonable measures to keep such information confidential. RideLink will not be liable for any misuse of information shared between Members.

 

14. CANCELLATION AND AMENDMENT

 

14.1    Once a Booking Request has been accepted by an Owner, neither the Owner nor the Renter may cancel without the express agreement of the other party (at that party's sole discretion), except in the circumstances set out in clause 14.2, 14.3 or 14.4.

 

14.2    An Owner may cancel a Booking in the following circumstances by notification to RideLink and the Renter, and in such cases Renters will be eligible for the following refund and Owners will be liable to pay the following cancellation charges:

 

14.2.1 More than seven days before the start of the Rental Period, with full refund for the Renter and no charges for the Owner;

14.2.2 Less than seven days before the start of the Rental Period, with full refund for the Renter but with an Owner Late Cancellation Charge for the Owner;

 

14.3    A Renter may cancel a Booking in the following circumstances by notification to RideLink and the Owner, and in such cases Renters will be eligible for the following refund and liable to pay the following cancellation charges:

 

14.3.1 Before the Owner confirms the booking, with full refund;

14.3.2 More than seven days before the start of the Rental Period, with full refund except for the Renter Fee, which is non-refundable after the Booking Confirmation;

14.3.1 Less than seven days before the start of the Rental Period, with a charge of 10% of the Rental Price and refund 100% of the Insurance Fee and the Optional Extra Fees, except for the Renter Fee, which is non-refundable after the Booking Confirmation;

14.3.3 Less than 24 hours before the start of the Rental Period, with a charge for the full Booking charges and no refunds.

 

14.4    A Renter may cancel a Booking by notification to RideLink and the Owner where, following the Renter's inspection of the Vehicle at the start of the Initial Rental Period, the Vehicle is not roadworthy. In such cases, the Owner will be deemed to have cancelled the Booking and clause 14.2.2 shall apply. Supporting evidence of the Vehicle's condition may be required by RideLink before a refund is granted pursuant to this clause 14.4.

 

14.5    Unless the Booking has been properly cancelled in accordance with clauses 14.1 to 14.4, and subject to clause 14.7, the Renter will be liable for the full Booking charges, including the Rental Price, the Renter Fee and any other fees, if applicable, unless the Renter picks up the Vehicle within the Pick-up Grace Period (provided the Renter is not prevented from doing so by action or inaction of the Owner).

 

14.6    Unless the Booking has been properly cancelled in accordance with clauses 14.1 to 14.4, and subject to clause 14.7, if the Owner fails to provide the Vehicle within the Pick-up Grace Period, the Owner will be liable for the Owner No-show Fee and an Administration Charge. In such circumstances, RideLink will refund the Total Price to the Renter but will not be liable to the Renter for any further damage or loss.

 

14.7    In the event of unforeseeable circumstances beyond the reasonable control of either the Renter or the Owner, or other extenuating circumstances, including:

 

14.7.1 serious illness of the Renter, such that the Renter is unfit to drive;

14.7.2 natural disaster (including but not limited to fire and flood);

14.7.3 acts or restraints of governments or public authorities; or

14.7.4 war, riot, civil commotion or acts of terrorism.

 

RideLink, may at its sole discretion, decide that it is appropriate to cancel the Booking and offer the Renter a refund of the Rental Price less an Administration Charge. Each Member acknowledges and agrees that RideLink will not have any liability to any Member for such cancellations and refunds. Supporting documents may be required by RideLink before such a refund is granted.

 

14.8    If an Owner or Renter wishes to amend a Booking, he or she must agree the amendment with the other party, and contact RideLink. The party requesting the amendment may be liable to an Administration Charge, and additional insurance charges may apply in the case of extensions.

 

14.9    Each Member accepts that RideLink's obligation to pay any cancellation or no-show fees, or other charges in respect of cancellation, is conditional upon successful receipt of the associated payments from the other relevant Member.

 


15. TERMINATION AND EFFECTS

 

15.1    Subject to clause 15.2, a Member may cancel his or her membership by notice in writing to RideLink at any time.

 

15.2    Any cancellation pursuant to clause 15.1 will not affect any Booking Confirmation already issued at the time of the cancellation and cancellation of the membership shall therefore be deemed to be a cancellation of the Booking by the Member, and clause 13 shall apply.

 

15.3    RideLink may suspend or terminate a Member's membership and/or access to the Site at any time in its discretion with or without prior notice or cause, and without liability to that Member.

 

15.4    Termination of membership will not affect the right of RideLink to recover from a Member any money or goods owed pursuant to these Terms. Where a Member cancels his or her membership, RideLink will not be obliged to delete or return to the Member any content he or she has posted to the Site, including any reviews or feedback.

 


16. VIOLATIONS

 

16.1 RideLink has the right, but not the obligation, to investigate, pursue, and prosecute violations of this Agreement to the fullest extent permissible by the law. RideLink may access, preserve, and disclose any of your information if we are permitted or required to do so by law, or if we believe in good faith that it is reasonably necessary to respond to claims asserted against RideLink or to comply with legal process (for example, subpoenas or warrants); to enforce or administer this Agreement; to do so for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes; and/or to protect the rights, property, or safety of RideLink, its users, or members of the public.

 

16.2. RideLink reserves the right, at any time and without prior notice, to remove or disable access to any content that RideLink, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Services. If we believe you are abusing RideLink, our users, or employees in any way or violating the letter or spirit of any of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, remove hosted content, deny a claim for coverage, remove and demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.

 


17. LIMITATION OF LIABILITY

 

17.1    The material displayed by Members on the Site is provided without any guarantees, conditions or warranties as to its accuracy and is provided on an "as is" basis. RideLink does not endorse any Member or any Vehicle. Images of Vehicles on the Site are indicative only. Images may be those of the relevant Owner, and indicate a photographic representation of the Vehicle at the time the photograph was taken. RideLink does not verify the accuracy of any images. No additional information should be inferred from the other contents of the image. Where no photograph is available, stock images of vehicles may be used.

 

17.2    Although RideLink performs certain checks for the benefit of Members, designed to help verify the identities of Members and in order to satisfy RideLink's insurance requirements, RideLink does not make any representations about, confirm, or endorse or recommend, any Member or the Member's identity, background, or driving ability or experience. The Member's appearance on, or use of, the Site should not be taken as any such endorsement or recommendation.

 

17.3    RideLink shall not itself be liable nor vicariously for any failure of a Member to perform his or her obligations in relation to any Booking. To the extent permitted by law, RideLink hereby expressly excludes all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity.

 

17.4    As a Member, you agree that you shall take sole responsibility for all activities or actions under your Member account and login details and that you shall not disclose your password or login details to any third party. Members must notify RideLink immediately if they believe that any unauthorised activities or actions have taken place in relation to their account.

 

17.5    To the fullest extent permitted by applicable laws, RideLink disclaims responsibility for any harm resulting from a Member's use of any part of the Site or the Services. Nothing in these Terms shall limit or exclude RideLink's liability for fraudulent misrepresentation, for death or personal injury resulting from RideLink's negligence or for any other liability that cannot be limited or excluded by law.

 

17.6    Each Member agrees to release, defend, indemnify, and hold RideLink and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with

 

17.6.1 the Member's access to or use of the Site or the services the subject of this agreement;

17.6.2 the Member's violation of these Terms; or

17.6.3 the Member's

 

(a) interaction with any other Member,

(b) Booking,

(c) creation of a Vehicle listing, or

(d) use, condition or rental of a Vehicle, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of a Vehicle.

 

17.7    RideLink will not be liable in respect of any damage to or theft or breakdown of any Vehicle, or any related costs, including but not limited to loss of income or loss of use, and whether directly or indirectly incurred by a Member or any other party.

 


18. INTELLECTUAL PROPERTY

 

18.1    The Site contains copyright material, trade marks, and other proprietary information, all of which is individually and collectively protected by copyrights laws and other intellectual property laws in the United Kingdom and internationally. Except as part of the intended use of the Site, a Site user must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. Except for content provided by Members, all of the content presented through the Site is owned by RideLink and its licensors. All rights are hereby expressly reserved.

 

18.2    By making available any Member Content on or through the Site, that Member grants RideLink a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, RideLink social media properties, and other channels. RideLink does not claim any ownership rights in any such Member Content and nothing in this agreement will be deemed to restrict any rights that the Member may have to use and exploit any such Member Content.

 

18.3    The Member agrees that he or she is solely responsible for all Member Content that he or she makes available through the Site and represents and warrants that:

 

18.3.1 he or she either is the sole and exclusive owner of all such Member Content or has all rights, licenses, consents and releases that are necessary to grant to RideLink the rights in such Member Content, as contemplated in these Terms; and

 

18.3.2 the use by the Member or RideLink of that Member Content will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

18.4    The Site may provide links to other websites for information. RideLink has not reviewed these third party websites and has no control over such sites or resources. RideLink does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using such sites.

 

18.5. RideLink may offer owners the option of having photographers take photographs of their Vehicles and/or owners with their Vehicles. You alone are responsible for using the Images in connection with your RideLink Listing and you warrant that you will cease using the Images if they no longer accurately represent your Vehicle. You agree that RideLink is the sole and exclusive owner of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity rights, worldwide, in the photographs regardless of whether you include them in your Listing and you shall take no action to challenge or object to the validity of such rights or RideLink’s ownership or registration thereof. You hereby acknowledge that RideLink may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation. Further, you hereby waive any and all moral rights you may have in the Images. If you use the RideLink Photography Program, you agree that you will not use the Images in connection with renting your Vehicle out on any platform, website, or application other than RideLink.

 


19. USE OF COOKIES

 

19.1 From time to time when you visit the Site, information may be placed on your computer to allow us to recognise your computer. This information is commonly in the form of a textfile known as a "cookie". Cookies are small pieces of data stored on your computer's hard drive, rather than on the Site. Typically, they enable collection of certain information about your computer, including your internet protocol (IP) address, your computer's operating system, your browser type and the address of any referring websites. Our use of cookies is intended to provide benefits to you, such as eliminating the need for you to enter your password frequently during a session or to be able to continue a transaction when you log-on again if you do not finish a transaction in a single visit. Cookies are also used for website traffic analysis and anonymous demographic profiling so that we may improve our services.

 

19.2 If you do not wish to receive cookies, or want to be notified before they are placed, you may set your web browser to do so, if your browser so permits. Please understand that if cookies are turned off, you may not be able to view or use certain parts of the Site that may enhance your visit. We have no access to or control over cookies used by third parties whose content is linked to or from our Site.

 

 

20.  GOVERNING LAW

 

These Terms shall be governed by and construed in accordance with English law and each party agrees to submit any dispute in relation to these Terms (whether contractual or non-contractual) to the exclusive jurisdiction of the courts of England.


 

21. GENERAL 

 

21.1    Any notice or other communication given to RideLink in connection with these Terms should be sent by email to [email protected] or by post to RideLink at 76 Oxford Street, 4th floor, London W1D 1BS, United Kingdom.

 

21.2    The invalidity, unenforceability or illegality of any provision (or part of a provision) of this agreement shall not affect the validity, enforceability or legality of the other provisions. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

 

21.3    Any delay or failure to exercise any right or remedy under these Terms shall not be construed as a waiver of that right or remedy or any other right or remedy, and no partial or single exercise of a right or remedy under this agreement will prevent any further exercise of that right or remedy or any other right or remedy.

 

21.4    These Terms are for the benefit of the RideLink and the Members and no third party shall have the right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.


 

DEFINITIONS

 

Additional Charges: all charges payable by a Renter, in addition to the Total Price, in the circumstances set out in this agreement, in the amount set out in the Schedule of Charges.

Additional Driver: A Member added to a Booking as an additional driver, as agreed with the Insurers.

Booking: A completed agreement between an Owner and a Renter made via the Site for the Renter to use a Vehicle for a Rental Period in return for a Rental Price, in accordance with these Terms.

Booking Confirmation: A confirmation issued by RideLink via the Site once an Owner has accepted a Booking Request.

Booking Fee: The fee charged by RideLink to the Owner for facilitating a Booking, calculated by multiplying the Rental Price by the Booking Fee Percentage.

Booking Fee Percentage: 30%.

Booking Request: A request by a Renter to use a particular Vehicle for a specified period of time, submitted via the Site.

Car Eligibility Criteria: Criteria governing, among other things, the age, type, value and condition of a Vehicle as set out on the Site, which a Vehicle must satisfy to be eligible to be listed by an Owner.

Cleaning Charge: A charge payable by a Renter in the circumstances set out in this agreement, in the amount set out in the Schedule of Charges.

Custom Pricing: A pricing method under which prices set manually by the Owner apply to all Bookings.

Damage Report: The report where the Owner and Renter detail new damages to the vehicle related to the Rental.

Delay Period: As defined in clause 4.3.

Delivery Fee: A charge payable by a Renter, if the Renter requests that the Owner delivers the Vehicle at a custom location.

Driver Eligibility Criteria: Criteria governing a person's attributes as set out on the Site, which a person must satisfy to be eligible to become an Renter.

RideLink Administration Charge: A charge payable by a Member in the circumstances set out in these Terms, in the amount set out in the Schedule of Charges.

Excess: The amount the Renter is liable for in the event of an incident that requires payment for damage caused to the Vehicle or another person's property. Normally set at £750 per incident.

Extended Rental Period: The period of time by which the Owner and Renter agree to extend the Initial Rental Period.

Initial Rental Period: As defined in clause 3.7.

Insurance: RideLink's motor vehicle insurance policy for Members, provided by the Insurer.

Insurance Fee: A charge payable by a Renter, if the Renter is required a Young Driver Fee or opts for an Excess Waiver.

Insurer: The entity providing the Insurance from time to time, currently Allianz Insurance.

Key Replacement Charge: A charge payable by a Renter in the circumstances set out in clause 8.2.5, in the amount set out in the Schedule of Charges.

Locksmith Charge: A charge payable by a Renter in the circumstances set out in clause 8.2.6, in the amount set out in the Schedule of Charges.

Market Pricing: A pricing method under which an Owner authorizes RideLink to vary a Vehicle's prices from time to time, to maximize the Owner's earnings.

Member: An individual who signs up for membership of RideLink through the signup process on the Site, including Owners and Renters.

Member Content: All text, graphics, photographs, images, music, software, audio, video, information or other materials that a Member uploads to the Site or otherwise transmits to RideLink.

Optional Extras Fee: The cost any optional extras selected by a Renter in relation to a Rental Period (which may include a young driver's surcharge).

Late Return Fee: As defined in clause 4.3.

Owner: A Member who signs up to make a Vehicle available to rent via the Site.

Owner Administration Charge: A charge payable by a Renter in the circumstances set out in this agreement, in the amount set out in the Schedule of Charges.

Owner Late Cancellation Charge: A charge payable by a Renter in the circumstances set out in this agreement, in the amount set out in the Schedule of Charges.

Owner No-show Fee: A charge payable by an Owner as set out in clause 14.6, in the amount set out in the Schedule of Charges.

Owner Payment: The Rental Price, less the Booking Fee (does not include any Additional Charges), and adjustment for any Extended Rental Period.

Total Price:  The Rental Price, plus the Renter Fee, any Insurance Fee and any Optional Extra Fees, and adjustment for any Extended Rental Period.

Penalty Notice Administration Charge: A charge payable by a Renter as set out in the Schedule of Charges.

Pick-up Grace Period: The period of time from the start of the Rental Period during which the Owner has to make the Vehicle available, or the Renter has to pick up the Vehicle. For Rental Periods with duration up to 4 days, the Grace Period is 30 minutes. The Grace Period is 1 hour for rentals longer than 4 days.

Refuelling Charge: As defined in clause 8.2.3.

Rental Agreement: the agreement filled by the Owner and Renter at the beginning and the end of the Rental Period

Renter Fee: Rental Price plus the Insurance Fee (including any Excess Waiver Fee), plus the Optional Extras Fee, and adjustment for any Extended Rental Period.

Rental Period: The Initial Rental Period plus any Extended Rental Period.

Rental Price: The fee per Period times the Rental Period, adjusted by any Extended Rental Period.

Renter: A Member who requests and books a Vehicle from an Owner via the Site.

Vehicle:The car or van and all its documents, tools, fittings, components, standard equipment (including jack, spare tyre, etc), whether mechanical or otherwise, the subject of a Booking.


 

SCHEDULE OF FEES AND CHARGES

 

Charges

Type

Total charge

RideLink

Owner

Administration charge

Administration Charge

Fixed

£10

£10

-

-

Cleaning Charge

Variable

Varies (up to max. £150)

-

All

£10

Delivery Fee

Variable

Varies

-

All

-

Excess Mileage Fee

Variable

Varies (£0.30 per excess mile driven)

30% of fee

70% of fee

£10

Key Replacement Charge

Variable

Varies (to reflect actual cost of replacement keys)

-

All

£10

Late Return Fee

Variable

Varies (25% of daily rate per hour of delay, see details in clause 4.3)

30% of fee

70% of fee

£10

Locksmith Charge

Variable

Varies (up to a max £300 call-out charge) plus the costs of repair (if any) of any damage caused by the locksmith in the course of carrying out any necessary work)

-

All

£10

Owner Late Cancellation Charge

Variable

20% with a maximum of 50 pounds if it is less than 7 days and more than 24 hours before the Rental Period

20% with a maximum of 100 pounds if it is less than 24 hours before the Rental Period

All

-

-

Owner No-show Fee

Variable

20% with a maximum of 100 pounds if it is less than 24 hours before the Rental Period

All

-

-

Refuelling Charge

Variable

Varies (cost to replace fuel)

-

All

£10

Renter Fee

Fixed

10% of total rental price (which addresses costs related to roadside assistance)

10%

-

 

 

Cancellation charges are calculated as set out in clause 14.