Zoom Car Share - Terms and Conditions of Use
These Terms and Conditions are in place to protect all parties, as such, please take the time to read them, make yourself familiar with them and if you have any questions we are more than happy to answer them!
Unless otherwise stated as applying only to Owners or Renters, the Terms and Conditions shall apply to all Members.
ZoomCar Share reserves the right to update these Terms and Conditions at any time. In the event Zoom updates / amends these Terms and Conditions it will inform you of any changes, will publish the amended version on the Site and the updated / amended version shall govern the relationship between Zoom and its Members. Your continued use of the Services shall indicate your agreement to be bound by the amended Terms.
Members should direct any questions, complaints or comments regarding the services subject to this agreement to email@example.com.
This website is owned and provided by ZoomCar Share Ltd (“ZoomCar Share”, “Zoom”, “We” or “Us”) a company registered in England and Wales (company number 11129324) and whose registered address is 40 Thorntree Green, Appleton Thorn, Cheshire, WA4 4QU.
For the purpose of these Terms, the following words have the meaning set out below:
Acceptable Vehicle Use: means the following activities are not carried out; carriage of passengers for hire and reward; or carriage of goods for hire and reward or use in any rally or competition or motor trial or on any race track;
Booking: means a discrete hire agreement in relation to a Vehicle that is made between a Renter and the relevant Owner in accordance with these terms. The Booking details shall specify the relevant Hire Period and the associated charges;
Booking Confirmation: is the acceptance of a Booking Request by an Owner and the issuing of an email via the site;
Booking Fee (where applicable): means the booking handling fee of £2 plus VAT payable by the relevant Renter to Zoom in relation to each Booking;
Booking Request: a request made via a Renter to an Owner for the use of their Vehicle for a specific time via the Site;
Breakdown Policy: means the breakdown policy in place for the utilisation of vehicles on Zoom’s platform;
Commission: means, in relation to each Booking, the amount kept by Zoom for the performance of the service;
Damage Deposit (where applicable): is the amount held by Zoom when a Renter books a Vehicle to cover any potential incidents when utilising a Vehicle;
Excluded Person: means, on a given date, any person who, on that date: (a) is aged under 23; (b) is a professional sportsperson, a professional entertainer, a Musician, a student under 25, unemployed, a taxi driver, a courier or on course betting; (c) has been disqualified from driving; (d) is not identified as the relevant Renter in the Booking;
Extended Rental Period: the period for which the Renter extends their Initial Rental Period.
Initial Rental Period: The period for which the Renter initially books the Owner’s Vehicle for which is stated on the Booking Confirmation;
Insurance and Breakdown Fees (where applicable): means, in relation to a Booking, the sum payable by the relevant Renter for the Insurance Policy and breakdown cover for their specified usage of the Vehicle;
Insurance Policy: means the motor insurance in place for the utilisation of vehicles being operated by a fleet or organisation, or the motor insurance organised for the utilisation of vehicles between individuals;
Member: an individual who signs up for membership of ZoomCar Share through the signup process on the Site, including Owners and Renters;
Minimum Booking Period: is a period of one hour in the day;
Minimum Specification: means the following minimum specification for a car: (a) the car is an unmodified private car under 8 years old with an ABI Motor Group Rating of 44 or lower; (b) the car has, and will have until the end of each Booking, a valid MOT certificate and road tax; (c) the car is Roadworthy (as defined by Clause 9);
Owner: a Member who signs up to make a Vehicle /Vehicles available to rent via the Site (this term applies to individuals, fleet operators and organisations using Zoom’s platform and services);
Pick-up Grace Period: a period of 15 minutes that both Owner and Renter grant each other when completing the pick-up or drop-off process for the Vehicle;
Renter: a Member who has been approved to use the Site and can request a Vehicle and can book a Vehicle from an Owner via the Site (this term includes for employees booking organisation vehicles).
Rental Fee: the fee a Renter pays for the usage of a Vehicle that covers their time requirements and certain applicable costs;
Rental Period: means, in relation to a Booking, the period of hire/ use (and any extension thereto) agreed between the relevant Owner and the relevant Renter, including time spent inspecting the Vehicle;
Renter Exclusion Circumstances: means, in relation to a Booking, circumstances giving the Owner reasonable justification to believe that the Renter: (a) is unfit to drive; (b) is an Excluded Person; (c) does not have their driving license with them; (d) intends to use the Vehicle other than in accordance with these Terms and Conditions;
Roadworthy: has the meaning given to it in clause 9 below.
Services: the listing and booking services provided by ZoomCar Share through the Site.
Site: means the website carshare.zoom-ev.com (which will ultimately become www.zoom-ev.com/carsharing) as amended and updated from time to time;
Vehicle: the electric car / van and all its documents, tools, fittings, components, standard equipment (including jack, spare tyre, etc), whether mechanical or otherwise, the subject of a Booking.
Vehicle Exclusion Circumstances: means, in relation to a Booking, circumstances giving the Renter reasonable justification to believe that: (a) the Vehicle does not meet the conditions specified in the definition of "Vehicle" described above; (b) the Owner is unwilling to allow the Renter to take pictures of existing damage on the vehicle identified by the Renter; (c) the Vehicle's battery has insufficient charge.
3. The services
3.1 The Services provided through the Site allow Owners (as defined above) to create a listing for their electric Vehicle / Vehicles and allow Renters (as defined above) to find out information about what Vehicles are available for rental / usage and to make a booking.
3.2 Zoom works to facilitate the hiring of Vehicles by Renters from Owners. Zoom provides a way to organise bookings and payments for these arrangements.
3.3 Unless explicitly specified otherwise on Zoom’s platform, Zoom's responsibilities are limited to: (i) facilitating the availability of the Site and Services: (ii) serving as the limited payment collection agent of each Member for the purpose of accepting payments from Renters on behalf of the Owner and (iii) serving as the limited payment collection agent of each member in circumstances identified throughout this Terms and Conditions document and (iv) providing (where applicable) breakdown cover for acceptable Vehicles when being hired out via the platform.
3.4 The contract for Vehicle rental/ usage is strictly between the Owner and the Renter. Zoom Car Share is not party to the rental agreement between the Owner and the Renter and Zoom does not have any control over and is not responsible for the actions or conduct of either the Owner or the Renter. Agreeing to these terms means accepting to be legally bound by them. IF YOU DO NOT AGREE TO THIS, THEN YOU MAY NOT USE THE SERVICES.
4. How Zoom’s site and services work
4.1 Zoom’s Site and Services can be used to facilitate the listing and booking of Vehicles for hire / usage. Such Vehicles are included in listings on the site by Owners. You may view listings as an unregistered visitor to the Site and Services; however, if you wish to book a Vehicle or create a listing, you must first register as a Member.
4.2 As stated above, ZoomCar Share provides an online platform for Renters and Owners to arrange to share and utilise Vehicles directly with each other.
4.3 Zoom also enables the utilisation of Vehicles with certain partners on a not-for-profit basis. These are select scenarios whereby certain organisations want to operate a scheme internally to benefit their employees on a cost recovery basis only. Zoom’s platform and services are utilised as a service in this scenario and are also utilised on a cost recovery basis. See Appendix A for further details on such schemes.
4.4 Please note that the Site and Services are intended to be used to facilitate Owners and Renters connecting and booking electric vehicles directly with each other. Zoom does not control the content contained in any Owner’s listings and the condition, legality or suitability for use of any Owner’s Vehicle. Zoom is not responsible for and disclaims any and all liability related to any and all Owner’s listings and Owner’s Vehicles, accordingly, any bookings will be made or accepted at the Member's own risk.
5.1 Provided that they meet the relevant membership criteria, anyone may apply to be a Member of ZoomCar Share (albeit not all applications result in approval).
5.2 Clause 5.1 does not entitle all members to use all vehicles, as some vehicles are utilised by organisations employees only. These vehicles will be identified as for these organisations only, within the vehicle profiles.
5.3 You may apply to become an Owner by submitting your details and those of your Vehicle for inclusion on Zoom, in accordance with the procedure set out on the Site. Acceptance of you as a registered Owner will be subject to your Vehicle meeting the Vehicle Eligibility Criteria, and subject always to Zoom’s sole discretion to refuse any application. As an Owner, sharing your Vehicle / Vehicles on Zoom’s site is your responsibility.
5.4 In instances whereby Owners are operators wanting to utilise Zoom’s platform and services to run certain schemes, the inclusion of such vehicles on Zoom’s platform are the responsibility of the operator / organisation. As an Owner, sharing your Vehicle / Vehicles is your responsibility.
5.5 In the instances of 5.4 above, it is the Owners responsibility to ensure that the Vehicles are roadworthy.
5.6 You may apply to become a Renter by submitting your profile information in accordance with the procedure set out on the Site. Acceptance of a Member as a Renter will be subject to the Member successfully meeting Zoom’s criteria, and subject as always to Zoom’s sole discretion to refuse any application.
5.7 Whereby schemes are run by Owners such as fleet operators or organisations, Members will also be required to meet the Owners / operators criteria as well and whereby they don’t meet these criteria will not be able to utilise these vehicles.
5.8 Once and if accepted, each Member must ensure to keep their 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. Each Member must respond promptly to requests by Zoom for updates to any information provided to Zoom Car Share. Each Member must inform Zoom immediately if he or she no longer meets the eligibility criteria applicable to his or her membership. It is the Member’s responsibility to ensure that they continuously meet the eligibility criteria.
5.9 All Members must cooperate with and assist Zoom in good faith (including responding promptly to communications), and provide such information and take such actions as may be reasonably requested by Zoom in connection with any complaints, claims, charges or notices relating to Bookings, or with respect to any investigation undertaken by Zoom or its representatives, its insurers or the police, regarding any insurance claims, use or abuse of the Site or any other investigations.
5.10 Where applicable any and all applications for membership which reference a promotional offer acknowledges and accepts the Terms and Conditions of such offer as set out on the Site. The use of any Vehicle / Vehicles as part of such offer shall be in accordance with these Terms and Conditions of Service.
6. Owner Registration
6.1 Any Member may register as an Owner on Zoom. Once registered, an Owner may, using the Vehicle registration tools made available on the Site, register one or more suitable electric Vehicles and make them available to be shared by Renters. The Owner shall have the option to update the charges for the Vehicle / Vehicles through their dashboard management tool on the site.
6.2 In relation to each Vehicle that is registered as a Vehicle by an Owner, the Owner represents that the Vehicle is owned by the Member who has completed the registration process as an Owner; and the use of the Vehicle by Renters will not breach any agreement with third parties; and during each Booking, will comply with the Minimum Specification.
6.3 Whereby vehicles are registered by Owners who are operators, the organisations are responsible for the registration of the Vehicle / Vehicles on the platform and warrant that the use of the Vehicle by Renters shall not breach any agreement with third parties; and during each Booking, will comply with the Minimum Specification.
6.4 During the registration process, Zoom may at its own discretion conduct searches of third-party vehicle and credit databases in order to corroborate information submitted by Owners. In the event Zoom has reason to believe that a Vehicle does not comply with the conditions specified in the definition of "Vehicle" as defined above, Zoom reserves the right to reject any attempt to register such Vehicle and the Owner undertakes to immediately de-register their Vehicle from the Site.
6.5 The Owner undertakes to notify ZoomCar Share, and any Renter who has made a Booking in respect of any Vehicle that has been de-registered, that the Vehicle is no longer available to fulfil Bookings. Any Booking made in respect of any Vehicle that has not been successfully registered, or has been de-registered, shall be deemed to have been cancelled by the Owner. If the Owner smokes in their Vehicle, it is their responsibility to include this information in the listing of the Vehicle on the Site.
7. Renter Registration
7.1 Any Member may register as a Renter as long as they are not an Excluded Person. Only registered and approved Renters may make a Booking and only the Renter making the Booking may drive the relevant Vehicle.
7.2 Registering on the platform does not entitle the use of each and every vehicle on the site. Some vehicles will be for the express use of certain individuals such as (but not limited to) employees of organisations who have the ability to utilise that organisations vehicles and have the necessary approvals to use such vehicles. These vehicles shall be identified as for these employees only within the vehicle profile.
7.3 Renters warrant to ZoomCar Share, and to each Owner to whom a Booking request is made, that they are not at the date of such request and will not be at any time during the Rental Period, an Excluded Person. Zoom reserves the right to reject any attempt by any person to register as a Renter, and/or to de-register any person who has previously been successfully registered as a Renter, in the event that Zoom has reason to believe that such person is or may be an Excluded Person. Any Renter who becomes an Excluded Person undertakes immediately to de-register themselves as a Renter and inform ZoomCar Share.
7.4 Any person who has been de-registered as a Renter undertakes to notify both Zoom and any Owner who has accepted a Booking from them, that they are no longer available to fulfil Bookings. Any Booking made in respect of any person who has not been successfully registered as a Renter, or has been de-registered, shall be deemed to have been cancelled by the Renter.
8. Membership Termination
8.1 Termination of any Member's Membership is without prejudice to any of rights or obligations (including the obligation to pay any money and the right to receive any money) that accrue under any Booking that was agreed prior to such termination.
8.2 Zoom reserves the right to suspend or terminate the membership of any Member, in its discretion and without liability to the Member, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel a Member’s membership.
8.3 Whereby Zoom runs schemes for Owners who are operating fleets, Zoom may be requested to remove certain individuals from the scheme. In addition to the provisions of Clause 8.2, Zoom reserves the right to remove, suspend or terminate the membership of the member, without any liability, on behalf of the Owner.
9. Condition of Vehicle’s and ‘Roadworthiness’
9.1 It is the responsibility of the Owner that the Vehicle is safe to drive and meets the Minimum Specification. This means, as a minimum that it is roadworthy. "Roadworthy" means that the Vehicle meets or exceeds the following minimum roadworthiness standards:
(a) no warning lights (other than handbrake and seatbelt warning lights as appropriate) remain lit after the Vehicle is started;
(b) the Vehicle exhibits no evidence of leakage of lubricants or brake fluid;
(c) the Vehicle has no battery issues;
(d) the Vehicle's windscreens and windows are not excessively tinted and are free from cracks that may obscure the Renter 's field of view;
(e) all of the Vehicle's external lights are fully operational, their lenses are undamaged, and the headlights are properly adjusted to avoid dazzling oncoming vehicles;
(f) the Vehicle’s tyres (including the tyre on the spare wheel) have a tread depth of at least 1.6 mm across the central three-quarters of the breadth of the tread and around the entire circumference;
(f) the Vehicle's manual, jack, wrench, locking wheel-nut key and spare wheel are present in their correct storage compartments;
(g) the Vehicle is clean and tidy inside and out; and
(h) the Vehicle is charged to at least eighty per cent (80%) upon being shared.
10. No Endorsement
10.1 Zoom does not endorse any Member or any Vehicle. By using Zoom’s Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm, and not to claim against Zoom. We encourage you to communicate directly with other Members on the Site regarding any Bookings made by you.
11. Obligations of the Owner
11.1 The Owner must be the legal owner and registered keeper of the Vehicle. If listing a Vehicle that belongs to a spouse or civil partner, or if the Vehicle’s registration certificate (V5C) is in the name of a spouse or civil partner it is the Owner’s responsibility to ensure that their permission has been sought.
11.2 Whereby a Vehicle / Vehicles are registered by Owners that are organisations or fleet operators, the Owner warrants that they are the legal owners / registered keepers of the vehicles and are completely responsible for the utilisation of vehicles included on Zoom’s platform.
11.3 In accordance with Clause 6.3, Owners are responsible for the registration of their Vehicles on to the platform. Whereby Zoom enables Owners who are organisations or operators to share their Vehicles, the Owner (organisation / operator) is responsible for these Vehicles. Zoom may help organisations with the registration process of their Vehicles and may help manage accounts where requested, however, the responsibility of the vehicles, ownership of such vehicles, all bookings facilitated for the vehicles lies with the Owner.
11.4 The Owner is responsible for ensuring that they have their own underlying comprehensive insurance in the UK for the Vehicle / Vehicles throughout the Rental Period and for informing any relevant third parties of them sharing their Vehicle on Zoom’s platform. Any discrepancies could result in the refusal of a claim, and in your membership to Zoom’s platform being revoked. Where the Owner is an organisation or fleet operator, sharing their Vehicle / Vehicles, it is their responsibility for ensuring that the Vehicle / Vehicles have the required comprehensive insurance in place.
11.5 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.
11.6 The Owner must ensure that, at the start of each Rental Period, the Vehicle is Roadworthy and serviceable, including that:
tyres all have adequate tread depth and are not worn;
the Handbrake works (where automatic that the ‘park’ function is working)
the Vehicles system shows battery functionality and health;
electric windows work;
all rear viewing mirrors fitted as standard in the vehicle are in place as required, and can be adjusted;
side mirrors are free from cracks;
seat belts are present and work;
headlights, indicators, brake lights and reversing lights work;
any chips on windscreen are noted;
the in-car entertainment and other peripherals work;
washer fluid is present;
Vehicle fluid levels (where applicable) are present;
it is compliant with the manufacturer's recommended maintenance schedule including but not limited to regular services and MOTs.
11.7 The Owner should ensure that, at the start of each Rental Period, the Vehicle / Vehicles are 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.
11.8 The Owner must take images of any scratches, bumps and dents in the bodywork and any other defects, abnormalities or damage to the Vehicle, which the Owner must make available to the Renter before the rental begins. When the Vehicle is returned to the Owner in person, the Owner must inspect and agree the condition of the returned Vehicle at time of drop off and must take four pictures of the vehicle (front, rear and both sides). Failure to comply with these damage logging procedures may result in any claim under the Insurance being refused or the Owner being liable to a Damage Logging Fee (the amount for which is set out in Table ‘1’ Schedule of Fees).
11.9 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 ZoomCar Share for a full or partial refund of the Rental Fee, depending on the circumstances and at Zoom's sole discretion. Where a full or partial refund is made, the Owner’s payment for the Booking will be reduced by such amount.
11.10 It is the Owner’s responsibility to maintain the Vehicle / their Vehicles’ 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 Zoom.
11.11 The Owner undertakes to make their Vehicle / Vehicles available on the Site to rent for the first time within thirty (30) days of acceptance on to Zoom’s platform. Thereafter, no minimum availability requirements apply. Owner’s shall respond reasonably promptly to all Booking Requests. Zoom reserves the right, at its sole discretion, to withdraw an Owner 's membership if the Owner consistently rejects, or fails to respond to, Booking Requests.
11.12 If the Owner's membership is withdrawn or terminated, the Owner agrees to reimburse Zoom upon request for the costs it incurred in providing the Owner's membership including, but not limited to the cost of any initial inspection and reasonable administration charges, up to a maximum of £250.
11.13 Where applicable, on termination or cessation of membership, the Owner agrees within 30 days to return, at the Owner 's expense, all equipment and accessories provided by Zoom to Zoom’s offices.
11.14 The Owner undertakes to describe their Vehicle / Vehicles accurately on the Site, and to keep the information on such listing up to date. The Owner must immediately inform Zoom if their Vehicle / Vehicle’s no longer meets the Vehicle Eligibility Criteria.
11.15 The Owner undertakes to disclose to the Renter the presence of a telematics device or data tracking technology installed or plugged in to the Vehicle during the rental.
11.16 If the Owner is issued with any penalty charge notices in relation to traffic offences or charges applicable to the Renter during the Rental Period (as set out in clauses 15 and 16) the Owner must notify Zoom in writing as soon as possible, and in any event within twenty-one (21) days of the date of issue of the penalty charge notice (e.g. for parking, congestion and toxicity charges) or the notice of intended prosecution (e.g. for speeding or other traffic offences). Failure to notify us within 21 days will result in the Owner being liable for all additional costs associated with the relevant charge or fine. In addition, at Zoom’s sole discretion, the Owner may be liable for 50% of the relevant fine, charge or penalty if the delay in notification prohibits the Renter from challenging or appealing to the competent authority in accordance with clause 15.4.
11.17 The Owner agrees to cooperate with and assist Zoom in good faith (including responding promptly to communications) and provide Zoom with such information and take such actions as may be reasonably requested by Zoom in connection with any complaints, claims, charges or notices relating to the Owner's Vehicle / Vehicle’s and Vehicle listing, or with respect to any investigation undertaken by Zoom or its representatives regarding use or abuse of the Site.
11.18 Owners of Electric Vehicles shall ask Renter’s if they have driven and plugged in a Vehicle previously and shall give a brief demonstration to the Renter in the event that they have not driven or charged such a Vehicle previously.
12. Obligations of the Renter
12.1 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.
12.2 The Renter must inspect the Vehicle before the start of the Rental Period. The Renter must take four (4) clear images (front, rear and sides) and any other images of areas of damage (including but not limited to scratches / bumps / dents etc.). If the Renter identifies additional damage not identified during the Meet Up and handover of the Vehicle then they must take images of such damage, with a clear timestamp before the rental begins. Failure to comply with this may result in the renter being liable to a Damage Logging Fee (as set out in Table 1 Schedule of Fees).
12.3 Under UK law it is the responsibility of the Renter to ensure that the Vehicle is Roadworthy. In the event the Renter reasonably believes the Vehicle is not Roadworthy they may cancel the Booking in accordance with the cancellation policies set out in these Terms, provided the Vehicle is immediately returned to the Owner. In conducting the damage inspection and roadworthiness checks, the Renter should, as a minimum, check that:
tyres all have adequate tread depth and are not worn;
the Handbrake works (where automatic that the ‘park’ function works)
that the Electric Vehicles system shows battery functionality and health;
electric windows work;
all rear viewing mirrors fitted as standard in the Vehicle are in place as required, and can be adjusted;
side mirrors are free from cracks;
seat belts are present and work;
headlights, indicators, brake lights and reversing lights work;
any chips on windscreen are noted;
the in-car entertainment and other peripherals work
washer fluid is present; and
the battery level is at least at eighty per cent (80%).
12.4 The Renter must ensure that they take images of any scratches, bumps and dents in the bodywork, and any other defects, abnormalities or damage and that the battery level / charge level is as expected.
12.5 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.
12.6 The Renter will be liable for the cost of any repairs to do with attempting to fill an electric vehicle with fuel or damaging the connector by attempting to force an incorrect cable into the connection and being unable to charge. Towing fees or other costs incurred as a result of the above, including any administration charges incurred by Zoom in dealing with the incident, will be charged back to the Renter.
12.7 The Renter must only use the correct charging cables for Vehicles and will be liable for the cost of any damage incurred to the Vehicle and / or to the charging cable. This cost will include any administration charges incurred by Zoom in dealing with the incident.
12.8 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.
12.9 The Renter must bring the Vehicle back to the location it was originally rented from, 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 return location, unless the risk of incurring such charges has been expressly acknowledged and agreed with the Owner.
12.10 If the Vehicle was rented using face-to-face hiring 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, such as a Key Safe).
12.11 Upon returning the Vehicle the Renter must take clear, timestamped photographs of the front, rear and both sides of the vehicle, they must also take images of any damage that was incurred in their use of the Vehicle i.e. the period in which they have had it. Failure to follow these damage logging procedures will result in the Renter being liable to a Damage Logging fee (as set out in Table 1 Schedule of Fees) in the event of a damage or insurance claims dispute.
12.12 When returning the Vehicle to the Owner, the Renter must ensure that the Vehicle is in a reasonable, clean condition as at the start of the Rental Period. The Renter must remove any debris, rubbish and the Renter's personal items from the Vehicle. Zoom is not liable for the Renter leaving items in the Vehicle. In the event a Renter does not leave the Vehicle as clean as it was at the start of the rental period (as reasonably expected) a cleaning fee shall be applied in accordance with Table 1 Schedule of Fees.
12.13 When returning an electric Vehicle to the Owner the Renter must ensure that the Vehicle has at least eighty per cent (80%) charge. In the event that the Renter returns the Vehicle with less than eighty per cent (80%) then a re-charging fee will apply.
12.14 In direct relation to Clause 12.13, Zoom has introduced the ‘Zoom EV Sharing Etiquette’ which provides guidance to Members on the best way to share. This is provided within the Frequently Asked Questions section of the Zoom platform.
12.15 The Vehicle must only be driven by the Renter throughout the Rental Period. Any other Renter’s will not be covered and will be driving illegally. If Zoom becomes aware that an individual other than the Renter has driven the Vehicle during a Rental Period, Zoom will immediately terminate the Renter’s membership and will charge the Renter for all administration and additional costs relating to the contravention.
12.16 The renter must not:
use the Vehicle for any illegal purpose;
use the Vehicle for any use other than is Acceptable Vehicle Use;
overload the Vehicle by number of persons carried or by weight of goods carried;
use the Vehicle whilst under the influence of alcohol or drugs;
use the Vehicle if the Renter may reasonably be considered to be unfit to drive a vehicle;
use the Vehicle for racing, speed-testing or teaching someone to drive;
use the Vehicle for any commercial purpose including the carriage of passengers for hire or reward;
use the Vehicle off-road;
'clock' the Vehicle or tamper in any way with the Vehicle's odometer;
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;
drive the Vehicle outside Great Britain, Northern Ireland, the Isle of Man and the Channel Islands;
smoke in the Vehicle or transport any animals or pets in the Vehicle without the express prior consent of the Owner.
13. Making a Booking
13.1 Owners may make their Vehicle / Vehicles available to be shared 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.
13.2 Owners are provided with suggested prices for their Vehicle which are shown per hour, per day and per week (Minimum Booking Period applies). This suggested price will be demonstrated during the Owner registration process. An Owner may choose to change this suggested price if they desire however, a cap of twenty (20) per cent above and below the suggested prices shall be applied.
13.3 Renters may request to book Vehicles that are available for hire using the Site by making a Booking Request.
13.4 Owners may choose to either accept or decline each separate Booking Request individually. This will be done through their settings in their dashboard.
13.5 A Booking Request will specify the start and end time of the proposed rental (the "Rental Period") and the Rental Fee, being the cost to the Renter associated with the Rental Period.
13.6 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.
13.7 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.
13.8 The Renter should rely solely on the information provided on the Site when making a Booking, and any additional information communicated to the Renter by the Owner. Whilst Zoom Car Share may endeavour to provide additional information about the Vehicle upon request from the Renter, Zoom will not assume any liability for the accuracy or completeness of any such information. It is the sole responsibility of the Owner to honour any confirmed Booking Requests and to make the Vehicle available to satisfy such request, it is not Zoom’s responsibility.
13.9 Members (owner and renters) are provided with Booking confirmation emails and Booking declined emails when sharing. In addition, the Zoom platform also issues booking reminder emails twenty-four (24) hours before each confirmed booking and thirty (30) minutes before each booking to help provide reminders to each of the parties that their sharing session is close to starting. These notifications are only there as reminders to each member, it is up to each member to enable the commencement of the sharing at all times and remember when their sharing commences.
All Members, Owners and Renters are reminded that Zoom Car Share is not a party to the rental agreement between the Owner and the Renter and is not responsible for the actions or conduct of either party.
14. Cancelling a Booking
14.1 If a Member creates or accepts a booking, they commit to honouring it. The cancellation fines below are designed to mitigate any inconvenience caused to the disappointed party and are automatic.
14.2 Zoom encourages its members to resolve cancellation disagreements between themselves. Where this is the case and both parties agree Zoom must receive confirmation from both Owner and Renter via email or phone so that the cancellation fine may be waived or refunded.
14.3 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 14.4, 14.5 or 14.6.
14.4 An Owner may cancel a Booking in the following circumstances by notification to Zoom and the Renter, and in such cases will be liable to pay the following cancellation charges:
14.4.1 More than 72 hours before the start of the Rental Period, with no charge;
14.4.2 Between 72 hours and 24 hours before the start of the Rental Period, with a charge of £10 per day of the Rental Period (subject to a maximum of £50) plus a cancellation administration fee;
14.4.3 Less than 24 hours before the start of the Rental Period, with a charge of £20 per day of the Rental Period (subject to a maximum of £100) plus a cancellation administration fee.
14.5 A Renter may cancel a Booking in the following circumstances by notification to Zoom and the Owner, and in such cases will be liable to pay the following cancellation charges:
14.5.1 More than 72 hours before the start of the Rental Period, with no charge;
14.5.2 Between 72 hours and 24 hours before the start of the Rental Period, with a charge of 50% of the Rental Fee (subject to a maximum of £50) plus a Cancellation Administration Charge;
14.5.3 Less than 24 hours before the start of the Rental Period, with a charge of 100% of the Rental Fee (subject to a maximum of £100) plus a Cancellation Administration Charge.
14.6 A Renter may cancel a Booking by notification to Zoom 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 and is immediately returned to the Owner in accordance with clause 12 of these Terms. In such cases the Owner will be deemed to have cancelled the Booking and clause 14.4.3 shall apply. Zoom may require supporting evidence of the Vehicle's condition before a refund is granted pursuant to this clause 14.6.
14.7 Unless the Booking has been properly cancelled in accordance with clauses 14.3 to 14.6, and subject to clause 14.9, the Renter will be liable for the full Rental Fee, 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).
14.8 Unless the Booking has been properly cancelled in accordance with clauses 14.3 to 14.6, and subject to clause 14.9, 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, Zoom will refund the Rental Fee to the Renter but will not be liable to the Renter for any further damage or loss.
14.9 In the event of unforeseeable circumstances beyond the reasonable control of either the Owner or Renter, or other extenuating circumstances, including:
serious illness of the Renter, such that the Renter is unfit to drive;
natural disaster (including but not limited to fire and flood);
acts or restraints of governments or public authorities; or
war, riot, civil commotion or acts of terrorism.
Zoom may at its sole discretion, decide that it is appropriate to cancel the Booking and offer the Renter a refund of the Rental Fee less an administration fee. Each Member acknowledges and agrees that Zoom will not have any liability to any Member for such cancellations and refunds. Supporting documents may be required before such a refund is granted.
14.10 If an Owner or Renter wishes to amend a Booking, he or she must agree the amendment with the other party, and contact Zoom. The party requesting the amendment may be liable to an administration fee, and additional insurance charges and Rental Fee’s may apply in the case of extensions.
14.11 Each Member accepts that Zoom’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. Renter Charges
15.1 The Renter shall pay the following charges in respect of the Booking and Zoom shall collect such payment on behalf of the Owner, acting in the limited capacity of authorised payment collection agent of the Owner:
the Rental Fee;
the Booking Fee;
any overdue fee;
the recharging fee, being the cost of recharging the Vehicle back to its previous level, plus an administration charge, if the Vehicle is returned with less charge than the Owner supplied;
the cleaning fee, 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 fee and Owner Administration Charge may apply in circumstances including, but not limited to, where the Vehicle is returned with evidence of excessive sand, dirt, mud, unauthorised smoking or unauthorised pets;
Any additional mileage fees (these being miles over 80 miles in the day which is included within the Rental Fee) which shall be charged at £0.15p per additional mile.
the key replacement fee, being the full cost of replacing the keys to the Vehicle (plus a Key Replacement Administration Charge), if all or part of the Vehicle's keys are not returned to the Owner;
the locksmith fee, being the full cost of a locksmith's attendance and work in the event that, for example, the keys are locked in the Vehicle;
the damage logging fee, being the administration charge applicable if the Renter fails to comply with the Renter’s responsibilities relating to reporting on the condition of the Vehicle as set out in clauses 12.2, 12.4 and 12.11;
the recovery fee, being the full cost of recovery of the Vehicle and any additional costs associated with the Vehicle not being returned (including any vehicle holding costs, parking and compound charges) if the Renter fails to return the Vehicle to the Owner at the end of the Rental Period for reasons other than explicitly agreed in writing with Zoom Car Share, the Owner and where relevant, the Insurer or Breakdown Provider under circumstances set out in clauses 19.1 and 19.4 below;
the amount of any loss or damage resulting from any breach of the Renter's responsibilities set out in clause 12;
the fines and charges set out in clause 16 and all charges, fines and court costs for congestion charges, toxicity 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 Zoom on behalf of the Owner or the relevant authority. In all cases, the Renter will also be liable for the penalty notice administration fee;
- any and all traffic offence penalties including parking tickets, speeding fines, clamping fines, bus lane fines and compound charges; and
- any and all tolls, fees or charges such as the Dartford crossing toll road fees, the London Congestion Charge and Toxicity Charge.
- any and all traffic offence penalties including parking tickets, speeding fines, clamping fines, bus lane fines and compound charges; and
- any and all tolls, fees or charges such as the Dartford crossing toll road fees, the London Congestion Charge and Toxicity Charge.
- any and all traffic offence penalties including parking tickets, speeding fines, clamping fines, bus lane fines and compound charges; and
- any and all tolls, fees or charges such as the Dartford crossing toll road fees.
- 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 from the Renter according to the Terms.
15.2 Zoom, acting in the limited capacity of authorised payment collection agent of the Owner shall collect a Damage Deposit (where applicable) before the start of each Rental Period. 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, Zoom will refund the Damage Deposit in full within seven (7) working days of the end of the Rental Period. Zoom may satisfy any charges which Zoom, 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 Damage Deposit.
15.3 The Renter hereby authorises Zoom, 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 Zoom by the Renter. This may occur for example, in circumstances where the Damage Deposit has already been returned, or where the Renter's liability exceeds the value of the Damage Deposit. Zoom will inform the Renter on request of the reason for any charges that are collected in this manner.
15.4 Zoom will inform the Renter promptly upon receipt or notification of any charge for which the Renter is liable under clause 15.1. Without prejudice to clause 15.3, the Renter must inform Zoom 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 Zoom informed of the progress and outcome of the challenge or appeal. Zoom 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.
15.5 The Renter will be liable to a chargeback administration fee if he or she applies for a debit or credit card chargeback claim without reasonable cause, such charge to cover any chargeback fees, administrative and dispute costs incurred by Zoom as a result of such claim.
16. Fines and other charges
16.1 The Renter shall be liable for the following fines and costs incurred during a Rental Period (including any delay period):
16.1.1 any and all traffic offence penalties including parking tickets, speeding fines, clamping fines, bus lane fines and compound charges;
16.1.2 and any and all tolls, fees or charges such as the Dartford crossing toll road fees, the London Congestion Charge and Toxicity Charge.
16.2 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 Zoom and the Owner on return of the Vehicle.
16.3 Regarding speeding fines and notices (and where otherwise obliged by law) the Renter acknowledges and agrees that Zoom and/or the Owner may pass on the Renter's details to the police or relevant authority, who may then contact the Renter directly.
16.4 The Renter will be liable for any parking charges incurred at the point of return, unless expressly agreed beforehand with the Owner or Zoom.
16.5 In the case of a claim or call out initiated with the Insurer or Breakdown Provider, a Member is liable to a damage logging fee if found to have been in breach of Zoom’s Terms and Conditions with respect to the Booking.
17. Pricing and payment
17.1 Zoom’s obligation to pay any sum payable by a Renter to an Owner or vice versa is conditional on Zoom receiving such sum from the relevant payor.
17.2 Renters agree that, Zoom may, at any time following the Booking, charge the Rental Fee, the Booking Fee (where applicable), the damage deposit, any applicable VAT or other tax and any additional payments that are payable in connection with that Booking (including any compensation, fine or penalty payable in the event of any breach of the Terms and Conditions applicable to the Booking and any sum payable under the Cancellation and Compensation Policy) directly to the Renters registered debit or credit card.
17.3 Rental Fees received by Zoom from Renters shall be paid to the relevant Owner, less the Commission. Payments shall be made no later than ten (10) working days later than the rental took place.
17.4 The Minimum Booking Period an Owner can make their vehicle available for is one hour.
17.5 Zoom utilises Stripe as a payment processing platform. These Stripe services are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as an Owner on Zoom’s platform, you agree to be bound by the Stripe Services Agreement (which may be modified by Stripe from time to time at their absolute discretion.
17.6 By enabling payment processing services through Stripe, you agree to provide Zoom with accurate and complete information about you and you authorise Zoom to share it and transaction information related to your use of the payment processing services provided by Stripe.
17.7 The Owner acknowledges and agrees that it is their sole responsibility for determining any personal tax liability as a result of the receipt of any income as a result of renting their Vehicle / Vehicles, and for any applicable tax reporting requirements. Zoom does not provide or offer any tax–related advice to Members.
18. Insurance - Third Party Liability, Collision Damage Waiver and Theft
18.1 Insurance is a critical element of all electric vehicle sharing on Zoom. As Zoom facilitates the sharing of electric vehicles from various sources, different insurance requirements apply, however across each source insurance has to be in place for sharing to take place.
By applying for membership on Zoom, applicants accept the conditions of the Insurance requirements. Not accepting these requirements means that you cannot use the site and may not share any electric vehicles on Zoom’s platform. For any further clarity or assistance please contact the Zoom member support team at firstname.lastname@example.org.
18.2 Whereby electric vehicles that are owned by individuals (i.e. not fleet operators or organisations sharing their electric vehicles) are shared on Zoom, these must be covered by short term insurance cover as directed by the platform, for the period that the electric vehicle is being shared. This can be completed utilising short-term insurance providers such as Cuvva, Dayinsure or Tempcover. These short-term insurance policies provide comprehensive cover. For assistance with organising this cover please contact the Zoom team at email@example.com.
The terms and conditions of these short-term insurance policies are clearly stipulated on their policies with the excess amounts and liability cover limits also clearly stipulated, which all Renters must adhere to. Zoom has no influence on these terms, conditions, excess amounts and limits whatsoever. The booking of this insurance means that you are liable to pay any amounts as stipulated when booking such cover.
18.3 Where electric vehicles that are owned by fleet operators or organisations are being shared, these vehicles will be covered by their fleet insurance policies for sharing, unless it has been agreed with the Owner that Zoom will provide insurance to cover these electric vehicles. Whereby these vehicles are being shared on their policies, the terms and conditions / stipulations of these policies shall apply and must be adhered to at all times by the Renter.
These terms and conditions will be clearly stipulated along with any excess amounts and liability cover limits etc. For clarity on these terms and conditions, you can request clarification from the Owner. For clarity on whether an electric vehicle on Zoom falls in to this category contact the Zoom member support team who will happily help and provide guidance (firstname.lastname@example.org).
18.4 Insurance policies will not cover; loss of use of the vehicle; depreciation in the market value following it’s repair as a result of a claim; loss of or damage to goods or samples carried for any trade or business; theft of any property carried in an open-top/convertible Vehicle unless in a locked boot or glove compartment; money, stamps, tickets, documents or securities; or use in any rally or competition or motor trial or on any race track.
18.5 Provided that the Renter has kept to all of the terms of the Insurance, where the Vehicle is damaged, lost or stolen during the Rental Period, the Renter shall only be liable up to the amount of the Damage Deposit in relation to each separate incident, and any reasonable administration fees incurred by Zoom which arise when dealing with any matters to any incidents. However, the Renter will still have to pay an amount up to the Damage Deposit every time the Renter damages the Vehicle or if the Vehicle is lost or stolen.
18.6 Insurance policies will contain conditions and exceptions which may impact a Member’s ability to claim under the Insurance. There are general conditions and exceptions which apply to individual sections of the Insurance policy, and there are general conditions, general exceptions and extra conditions which apply to the whole Insurance policy. Each Member should read and understand the terms of the Insurance including the conditions and exceptions.
18.7 Members agree to cooperate fully with the providers of the Insurance Policy if requested and must respond to any and all queries in reasonable time.
18.8 Insurance policies will likely exclude certain uses of the Vehicle including (a) The carriage of passengers for hire or reward; (b) racing pacemaking reliability trial or speed testing; (c) any purpose in connection with the Motor Trade other than by the hirer; (d) whilst drawing a greater number of trailers in all than is permitted by law.
18.9 In the event members require further information on insurance they should contact email@example.com where the team will be more than happy to assist you.
19. Insurance - Accidents, Damage, Breakdown and Theft
19.1 Should Renter’s be involved in an incident it is important that they note the registration numbers of the other vehicles involved and obtain the names and addresses of everyone involved, including witnesses and should also:
19.1.1 make the Vehicle secure;
19.1.2 tell the police without delay if anyone is injured or if the Renter was unable to exchange details with other Renters or property owners; and
19.1.3 call / contact the Insurer immediately;
19.1.4 call / contact Zoom and the asset owner;
19.1.5 where using an organisations car on their fleet policy, follow the process in place ordinarily.
19.2 Should the renter be involved in an accident they must not admit responsibility or attempt to negotiate unless having spoken to the insurer, they have been advised that they may do so.
19.3 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 the Insurance only covers the Initial Rental Period.
19.4 If an Owner becomes aware that his or her Vehicle has been damaged or stolen the Owner must contact Zoom by phone, as soon as possible, and in any event within forty-eight (48) hours of the end of the Rental Period.
19.5 In the event of breakdown, the Renter should notify both the Owner and the breakdown provider and await assistance.
Breakdown Contact Information
24hr Breakdown Control centre – 01245 210 758 or 0330 123 1149
For members with speech / hearing difficulties please use the SMS Text Messaging 07860 057893.
It is the responsibility of the Renter to remain with the Vehicle, in a safe location, until assistance arrives (failure to do this will result in breakdown cover not being in place). 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. In such an instance the Renter would be liable to pay an administration charge to Zoom. The breakdown provider will attempt to repair the vehicle at the roadside. The Renter must not agree to incur any costs or to the installation of any parts by the breakdown provider (or otherwise) without the express prior consent of the Owner or Zoom. The Owner and Renter will not have any recourse to Zoom for any payments made or agreed to be made directly to the Breakdown Provider or any other breakdown repair or recovery supplier. The Owner agrees that Zoom may, acting reasonably, authorise such costs or the installation of any parts on behalf of the Owner where Zoom has been unable to contact the Owner within a reasonable time of the breakdown occurring, despite using its reasonable efforts to do so. Vehicle holding fees may also apply if the Owner remains uncontactable. Any such costs shall be paid by the Owner and Zoom may set off such costs against any amounts paid by the Renter.
19.6 Whereby the Renter runs out of charge they must contact Zoom and the breakdown provider in order to be recovered. Clause 19.5 also applies to the situation whereby a renter has run out of charge. The policy document for the breakdown services are included in Appendix 2 to these Terms and Conditions.
19.7 If the Vehicle is stolen during the Rental Period, the Renter must inform the police and Zoom as soon as becoming aware of the theft.
19.8 If an Owner becomes aware that the Vehicle has been left dirty to a level warranting a cleaning fee, the Owner must notify Zoom within twenty-four (24) hours of the end of the Rental Period. Zoom reserves the right, at its sole discretion, to refuse to recover from the Renter any cleaning charge claims which it deems to be unreasonable or not commensurate with the level of valeting required.
19.9 In the event members require further information on insurance they should contact firstname.lastname@example.org where the team will be more than happy to assist you.
20. Insurance - Additional
20.1 IMPORTANT - INSURANCE COVER TERMINATES AUTOMATICALLY AT THE END OF THE PERIOD STIPULATED ON THE RENTERS INSURANCE CONFIRMATION (INCLUDING WHERE THE COVER WAS EXTENDED) OR IF THE VEHICLE IS RETURNED EARLIER, WHEN THE RENTER RETURNS THE VEHICLE TO THE OWNER, RETURNS THE KEYS AND COMPLETES THE DAMAGE LOGGING PROCEDURES (TAKING IMAGES). AT THE END OF THIS PERIOD, THE VEHICLE WILL NO LONGER BE INSURED UNDER THE INSURANCE POLICY AND THE RENTER (IF STILL DRIVING THE VEHICLE) SHALL BE LIABLE FOR ANY AND ALL DAMAGE CAUSED TO THE VEHICLE AND ANY OTHER VEHICLES OR PROPERTY, OR INJURY TO PERSONS, WHILE THE VEHICLE IS UNINSURED AND FOR ANY APPLICABLE CRIMINAL PENALTIES.
20.2 In the event that a Renter returns the Vehicle to the Owner prior to the end of the AGREED HIRE PERIOD, the Renter returns the keys and the parties complete the damage logging procedures, this shall constitute the end of the temporary insurance cover and the Owner’s own personal insurance policy shall resume covering the vehicle. Whereby an owner receives their vehicle back earlier than anticipated and then utilises their vehicle it shall be on their own personal insurance cover.
John books Simone’s vehicle from 9am to 5pm on Tuesday 2nd October. John picks up the vehicle with both himself and Simone completing the required damage logging procedures when the vehicle is taken. John communicates with Simone that he can return the vehicle earlier, which they agree. John returns Simone’s car back to her at the agreed location at 4.15pm (45 minutes before the end of his hire period is complete). Both parties inspect the Vehicle and complete the damage logging procedures, showing clear timestamped photos that read a return time of 4.15pm. John hands the keys back to Simone. Upon completing this process Simone’s own vehicle insurance resumes covering the vehicle for herself and her use of the vehicle.
The above example applies to all owners whether individuals, fleet operators or organisations and whereby their own fleet policy has not been utilised.
20.3 Whereby, asset owners are happy sharing vehicles using remote access e.g. key safes and allowing drop off’s without being present, they must ensure that they complete the damage logging procedure and take images of the vehicle prior to it being shared and after it being shared.
In the event members require further information on insurance they should contact email@example.com where the team will be more than happy to assist you.
21. Limitation of liability
21.1 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. Zoom does not endorse any material from any Member or any Vehicle.
21.2 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. Zoom 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.
21.3 Although Zoom performs certain checks for the benefit of Members, designed to help verify the identities of Members and in order to satisfy Zoom's requirements, Zoom 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.
21.4 Zoom 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, Zoom 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.
21.5 Member’s agree that they 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 Zoom immediately if they believe that any unauthorised activities or actions have taken place in relation to their account.
21.6 To the fullest extent permitted by applicable laws, Zoom disclaims responsibility for any harm resulting from a Member's use of any part of the Site or the Services.
21.7 Each Member agrees to release, defend, indemnify, and hold Zoom 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:
21.7.1 the Member's access to or use of the Site or the services the subject of this agreement;
21.7.2 the Member's violation of these Terms; or 21.7.3 the Member's
a. interaction with any other Member,
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.
21.8 Zoom 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.
21.9 Zoom Car Share excludes liability for:
any loss of business, profit, data and liability for any indirect or consequential loss arising from the use of the Site, whether caused by tort (including our negligence), breach of contract, breach of statutory duty or otherwise.
the cancellation of any Booking by reason of any Vehicle Exclusion Circumstances or Renter Exclusion Circumstances or any other cause specified in these Terms and Conditions;
for any loss or damage to, or theft of, any Vehicle or any other property belonging to any Member;
for any sums payable by the Renter for any fuel or incidental expenses;
for any loss or damage caused by circumstances beyond Zoom’s reasonable control.
21.10 Zoom’s total aggregate liability to any Member in relation to a Booking shall in no circumstances exceed the greater of:
the total of: (a) the Rental Fee payable in respect of that Booking made by such Member; plus (b) any compensation payable in respect of that Booking under the Clause 14.0 Cancelling a Booking; plus (c) any sum that would have been payable in respect of that Booking under the Insurance Policy but for Zoom’s default; and £100.
21.11 Nothing in these Terms shall limit or exclude Zoom's liability for fraudulent misrepresentation, for death or personal injury resulting from Zoom's negligence or for any other liability that cannot be limited or excluded by law.
22. Jurisdiction and Governing Law
22.1 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.
23.1 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.
23.2 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.
23.3 These Terms are for the benefit of Zoom 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.
23.4 Any notice or other communication given to Zoom Car Share in connection with these Terms should be sent by email to firstname.lastname@example.org.
24. Members General Responsibilities and Indemnity
24.1 Members are responsible for their own personal tax affairs arising from their participation in any Booking including income tax and VAT.
24.2 Each Member agrees to indemnify and hold harmless Zoom, its officers and employees against all losses, liabilities, claims or demands arising out of: (a) any breach by such Member of these Terms and Conditions; (b) any claim by a third party that any content posted by the Member on the Site infringes any proprietary rights of that third party.
25. Personal Information
25.1 Members, Zoom will hold and use a Member's personal information in order to perform and improve the Services and for business administration purposes.
25.3 Zoom 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. Zoom may also share a Member’s personal information with the providers of commercially available databases to assist in the validation of the information provided by the Member during his or her membership.
25.4 Zoom will share a Member's personal details with the police in response to reasonable requests (as determined by Zoom in its sole discretion) or if compelled by a court or other competent authority.
25.5 Each Member explicitly consents to having their personal details, including details of any relevant criminal offences or alleged criminal offences, transferred to credit reference agencies, the Renter and Vehicle Licensing Authority (DVLA), debt collectors, insurance underwriters, and the British Vehicle Rental and Leasing Association (BVRLA), in the event that such Member breaches any of the conditions of this agreement.
25.7 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. Zoom will not be liable for any misuse of information shared between Members.
26. Intellectual Property
26.1 The Site contains copyright material, trademarks, 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 Zoom Car Share. All rights are hereby expressly reserved.
26.2 By making available any Member Content on or through the Site, that Member grants Zoom 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, Zoom social media properties, and other channels. Zoom 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.
26.3 Member’s hereby agree that they are solely responsible for all Member Content that he or she makes available through the Site and represents and warrants that:
26.3.1 they are the sole and exclusive owner of all such Member Content or has all rights, licenses, consents and releases that are necessary to grant to Zoom the rights in such Member Content, as contemplated in these Terms; and
26.3.2 the use by the Member or Zoom 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.
26.4 The Site may provide links to other websites for information (including our partners). Zoom has not reviewed these third-party websites and has no control over such sites or resources. Zoom 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.
27.1 Should a Member have any concerns about any material whatsoever which appears on the Site, they may contact email@example.com.
27.2 If any Member believes that any communication made through or on the Site infringes any legal rights that any they may have or is in breach of any of these Terms and Conditions or knows of or suspect any unauthorised posting of or attempt to post any communications, that Member may notify us with specific details by email at the following address: firstname.lastname@example.org.
27.3 All Member’s agree to comply with all reasonable requests from Zoom, the police, or any statutory or regulatory authorities in identifying any unauthorised users of the Site.
28. Rights of Third Parties
28.1 A person who is not a party to these Terms and Conditions or any Booking or any other contractual relationship contemplated by them has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any provision of these terms and conditions or any Booking or any other contractual relationship contemplated by them.
29. General Conduct
29.1 All members must:
Provide accurate, valid and complete information on their profile and keep this up to date at all times.
Not post offensive, defamatory or false claims on reviews. Not adhering to this may result in members being removed from Zoom’s platform and community. This is at Zoom’s absolute discretion.
Never publicly share, post online or misuse other member’s contact information.
30. Zoom’s Responsibility
30.1 Zoom endeavours to only allow safe Renters and cars to use the service. To minimise the risk of damage, only safe (vetted/approved with a safe record) drivers can become Renters. Zoom will use reasonable efforts to undertake online verification of all participating Vehicles and Renters, using a number of third party databases including the DVLA to ensure Renters meet our eligibility criteria and Vehicles are not stolen or tainted with illegality or fraud.
30.2 Zoom completes member and vehicle checks prior to approval on and usage of our platform. This is in order to drive a safe sharing community. For vehicles Zoom completes MOT, insurance and tax checks (as well as ensuring all vehicles are fully electric) and for users, Zoom confirms all driving licenses are valid through the DVLA check-code system and collects other personal information in order that we know our members.
30.3 Zoom may at its own discretion seek to perform further verification and validation checks by contacting Owner’s or Renter’s via phone, email or Skype as part of its process of endeavoring to only allow safe Renters and Vehicles to be able to use the site.
30.4 Zoom does not undertake any safety checks of the Owner’s vehicles offered for hire by Zoom Car Owners on the website. It is the responsibility of the Owner to ensure compliance with the Vehicle eligibility requirements and for the Renter to be satisfied this responsibility has been discharged.
30.5 Zoom will not be responsible for incidents caused by rentals. Zoom Owners and Renters are fully responsible for their own conduct - we will do our best to police and remove offending parties from future participation.
30.6 Zoom are able to remove members from their website at their absolute discretion. We reserve the right to debit registered banking cards on booking confirmation or later and to impose fines at our absolute discretion. Zoom has sole discretion in suspending Members from the service and reserves the right to require proof of identity or a security deposit when reinstating membership.
TABLE 1 - SCHEDULE OF FEES
APPENDIX A – NOT FOR PROFIT SCHEMES
As per Clause 4.3 of these Terms and Conditions of Service, Zoom does enable the utilisation of electric vehicles with certain partners on a not-for-profit basis. These are select scenarios whereby certain organisations (Owners) want to operate a scheme internally for their employees on a cost recovery basis only.
Zoom’s platform is utilised as a service in such scenarios and operates in such instances (where agreed between the parties) on a cost recovery basis only. This is in order to aid such organisations to facilitate electric vehicle sharing within their organisations, enhance EV exposure and utilisation and have an impact on climate change / carbon emissions.
An example of this can be (but is not limited to) a council utilising Zoom’s platform to enable their vehicles to be shared in evenings and on weekends when not in general day-to-day use. In such an instance, Zoom may offer its platform to facilitate such vehicle sharing as a way of promoting the use of the council’s vehicles and aiding them on their current clean air agendas.
It is at Zoom’s absolute discretion to operate such a scheme.
APPENDIX B – BREAKDOWN AND RECOVERY POLICY DOCUMENT