Terms and Conditions - EVision Electric Vehicle Hire Terms and Conditions - EVision Electric Vehicle Hire Terms, Conditions,

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EVision Supercars Terms and Conditions

Key Terms and Conditions

Rental Agreement: The contract is with us, the provider of the vehicle, and you as named on the rental agreement. The General Terms and Conditions are part of your rental agreement.

1. The Vehicle: We must provide the vehicle and all mandatory safety equipment (‘vehicle’) in a roadworthy condition, properly taxed and licenced.

You must return the vehicle and optional extras in the same condition as provided, excepting fair wear and tear. Please ensure you have checked the vehicle thoroughly before you drive away. Please ask us to rectify the vehicle condition report if there is any unrecorded damage.

2. Rental Period: You are responsible for the vehicle and any optional extras for the duration of the rental period:

Your rental period starts when you pick up (‘check-out’) the vehicle and ends when we acknowledge that we have the vehicle and keys (‘check-in’).

You must return the vehicle during office opening hours to a return agent at the agreed rental location. If you choose to drop off the vehicle ‘out-of-hours’ or if you leave before we check-in the vehicle, you do so at your own risk and remain responsible until check-in.

If you use the ‘Delivery and/or Collection’ service, you are responsible for the vehicle once we have left it for you until we pick-up the vehicle.

3. Costs: You must pay the amounts on the rental agreement for the vehicle and for any optional extras for the rental period. You must pay for any extensions to the rental period, including for optional extras that you agreed to. You must pay for theft and damage costs, specialist cleaning services, towing fees, toll charges, parking, traffic or other fines and charges and related administration and processing fees, if due in accordance with these terms and conditions.

4. Vehicle Use: You must: (i) exercise all reasonable care and skill when using the vehicle, (ii) Use the vehicle according to the laws of the country in which you are driving, (iii) Use the vehicle in a lawful manner and for lawful purposes, (iv) Lock the vehicle when you are not using it and ensure that all windows, roof openings, removable roof panels or hood are properly closed, (v) Stop using the vehicle immediately, if safe to do so, and notify us as soon as you become aware of a fault with the vehicle.

You must not: (i) leave the key in the vehicle, (ii) smoke in the vehicle, (iii) use the vehicle to transport flammable, explosive, corrosive or combustive material, (iv) allow any person other than an authorised driver to use the vehicle, (v) use the vehicle for any illegal purpose, (vi) use the car for racing.

You may only drive in countries permitted by us.

5. Accidents, Theft and Damage: You must notify (i) the police immediately and (ii) us within 24 hours, if the vehicle has been involved in an accident or damage event, even if no third party was involved.

If the vehicle is lost, stolen or damaged you must pay the excess stated in the rental agreement.

You are not liable for any loss or damage to the extent attributable to our failure to maintain the vehicle.

6. Reduced Excess Waiver: If you pay for a reduced excess waiver, this will reduce the amount you have to pay in the event that the car is damaged or stolen.

Your excess will not apply if the loss or damage is attributable to (i) your deliberate or fraudulent act, omission or gross negligence (to the extent that such terms are used under applicable law) or (ii) a deliberate breach of section 5 (Vehicle Use) and 6 (Accidents, Theft and Damage).

If your excess does not apply, we will be entitled to claim losses or damages against you in an amount equal to the severity of the negligence up to the full amount of the damage or loss we have incurred or will incur (whichever is greater), to the extent allowed under applicable law.

7. Own Insurance: If you are using your own insurance and the car is damaged, you are liable for any additional rental costs while the vehicle is being repaired. EVision Electric Vehicle Hire will only accept return of the vehicle once necessary repairs have been carried out on the vehicle by a repairer who has been approved by EVision Electric Vehicle Hire.

8. Fines and Charges: You must pay for any parking charges or traffic fines incurred during the rental period related to your use of the vehicle.

9. Vehicle Recovery: You must pay for any recovery costs and administration costs if the vehicle is impounded by the police, customs officers or any other person or body working in an official capacity.

10. Legal Rights over the Vehicle: The rental agreement does not confer any legal ownership rights of the vehicle to you. You must not:

11. Animals: You may not transport any animals in the vehicle without the express permission of EVision Electric Vehicle Hire.

12. Additional Drivers and Passengers: You are responsible for ensuring that any additional drivers you have added to the rental agreement or any passengers that you allow in the vehicle observe these terms and conditions. You are responsible for any charges or costs we incur because an additional driver or passenger does not comply with these terms and conditions.

Sell, rent or dispose of the vehicle.

Give anyone any legal rights over the vehicle.

Let anyone carry out work on the vehicle without the express permission of EVision Electric Vehicle Hire.

Your excess may not apply if the loss or damage is because of the additional driver’s or passenger’s deliberate or fraudulent act, omission or gross negligence (to the extent that such terms are used under the applicable law) or (ii) a deliberate breach of sections 5 and 6.

13. Changes to your Rental: You must pay for any increase in hire prices if you change the rental period or if you exceed the agreed mileage (where applicable). Each 12 month hire receives two “swaps”, up to three cars at the 12 month hire price provided the hire is continuous and lasts for at least 12 months. All vehicles are subject to availability. You must pay a collection fee unless pre-agreed to the contrary, if you return the car to a different location other than the approved collection and return points as specified by EVision Electric Vehicle Hire.

14. Early Returns: If you return the vehicle and any optional extras early, you will lose the benefit of any special offers if you do not meet their requirements. This may result in the rental costing you more. We will not refund any unused prepaid daily rental or optional extra charges to you.

15. Late Returns: Unless agreed differently, you must return the vehicle and any optional extras at the time/date and location stated on this rental agreement. EVision Electric Vehicle Hire will allow a grace period of 29 minutes from the agreed return time as shown on the rental agreement. If you have not extended your hire and we have not heard from you within 24 hours of the agreed return time, EVision Electric Vehicle Hire will regard the vehicle as having been stolen and will report this to the police. We will take all lawful means to recover the vehicle, including but not limited to repossessing the vehicle or obtaining a Court Order requiring you to return the vehicle and/or pay us an amount equal to the car’s market value.

If EVision have to take steps to recover the vehicle, you must give permission (which cannot be withdrawn) to access your premises for the purposes of recovering the vehicle so long as we do not use unreasonable force or cause damage; and you must pay all our reasonable costs (including legal or professional costs), charges and fees (including where applicable, any administration fee or damage administration fee or unauthorised extension fee, as set out in the tariff guide).

16. Unlimited Mileage: All EVs are subject to our Fair Usage Policy (up to 30,000 miles per 12 month hire, miles exceeded over 30,000 miles per year will cost £0.10 per mile).

17. Free Tyre Replacement: If more than one set of four tyres is needed throughout a 12 month period of hire the hirer will need to replace additional tyres at their own cost.

18. Free Charger Installation: For hires of three month and greater we will arrange and pay for a free home charging point to be installed (Tesla / E-tron / I-Pace vehicles only). For all hires 12 months and greater, we will arrange and pay for a free industrial / commercial / home vehicle charging point to be installed.

19. Payments: Our payment terms for all bookings (except for credit account bookings) are: full deposit + rental amount or 1 month’s hire (whichever is the smallest) due 7 days prior to the check-out date. Wedding car balances will be taken 14 days prior to the event. Any charges on your credit card statement may be shown as “H.E. Services (Plant Hire) Ltd”.

20. Payment Terms:

(i) All accounts shall be paid within 30 days of invoice date or earlier if agreed by both parties.

(ii) Punctual payment of hire charges shall be the essence of this Hire Agreement and the Hirer shall be in breach of this Agreement if any part thereof shall remain unpaid for more than seven days after becoming due.

(iii) Where a Direct Debit mandate payment is cancelled, rejected or is unpaid by the Hirer’s bank, or where a Debit / Credit Card payment has been rescinded, interest shall be charged and be payable upon the unpaid amount(s) of any accounts or invoices immediately. Also, interest shall be charged and be payable upon the amount(s) of any accounts or invoices remaining unpaid beyond 30 days, such interest to be calculated (at EVISION ELECTRIC VEHICLE HIRE ’ option) either at the rate of 2.5% per month or at the rate of interest prescribed from time to time under the Late Payment of Commercial Debts (Interest) Act 1998, such interest to be calculated on a daily basis on the balance outstanding and compounded monthly.

(iv) If any account remains outstanding after a period of 60 days from invoice date, is over its credit limit or if credit facilities have been withdrawn, the matter may be referred for debt collection action and EVISION ELECTRIC VEHICLE HIRE reserve the right to pass the cost (both internal and external) of any such service, including that of Solicitors (both before and after the issue of court proceedings) or other action under The Insolvency Act 1986 (if any), on to the Hirer's account which amount will be due and payable within 14 days. Internal costs include, but are not limited to, i) £15 for each telephone call made to request payment of an outstanding account as described above, ii) £25 per calendar month Arrears Management Fee, iii) £100 for each visit by EVISION ELECTRIC VEHICLE HIRE manager or external field agent. The internal costs that are added to the account reflect the cost of the additional administrational work carried out whilst managing the outstanding account as described above and interest in accordance with clause 33.c. of these Terms and Conditions of Hire shall be applied to these costs if they remain unpaid after 14 days.

(v) Where the Hirer has a grievance for which they believe they are due a credit, the undisputed sum whether part of an invoice or a number of invoices must be paid within EVISION ELECTRIC VEHICLE HIRE ’ standard credit terms. EVISION ELECTRIC VEHICLE HIRE accept that part payment of an invoice in these circumstances shall not be considered proof that the entire invoice is accepted as payable by the Hirer. Interest will accrue on the undisputed sum if payment is not received to terms in accordance with Clause 33a. If the disputed sum is proved to be owing to EVISION ELECTRIC VEHICLE HIRE or is paid by the Hirer to EVISION ELECTRIC VEHICLE HIRE then EVISION ELECTRIC VEHICLE HIRE reserve the right to charge interest on this originally disputed sum as well. Interest will be charged at the rate shown in clause 33c above.

(vi) If discount is negotiated from EVision Electric Vehicle Hire list prices these discounts are conditional upon payment being made to EVISION ELECTRIC VEHICLE HIRE ’ terms. EVISION ELECTRIC VEHICLE HIRE reserve the right to disallow such discounts where payment is overdue and therefore invoice the discount amount, which will be immediately payable.

(vii) Where the Hirer is also a supplier to EVISION ELECTRIC VEHICLE HIRE , EVISION ELECTRIC VEHICLE HIRE reserves the right to deduct any monies outstanding by the Hirer to EVISION ELECTRIC VEHICLE HIRE from purchase ledger payments to the Hirer from any H.E. Group / Associated Company.

21. Direct Debit Mandates:

(i) As part of EVISION ELECTRIC VEHICLE HIRE Direct Debit Guarantee if an error is made by EVISION ELECTRIC VEHICLE HIRE or the Bank/Building Society, the Hirer is guaranteed a full and immediate refund from the branch of the amount debited.

(ii) Where EVISION ELECTRIC VEHICLE HIRE hold mandates, payments will be taken on the last working day of each month for the preceding month’s invoices unless otherwise agreed. In cases where the credit limit is exceeded, payments on account may, at EVISION ELECTRIC VEHICLE HIRE ’ discretion, be taken weekly but the Hirer will be advised in advance of the amounts and dates.

(iii) Some accounts are offered by EVISION ELECTRIC VEHICLE HIRE only provided a Direct Debit Mandate is completed. Additional credit is also occasionally offered to some account holders because EVISION ELECTRIC VEHICLE HIRE hold a signed mandate.

(iv) EVISION ELECTRIC VEHICLE HIRE reserve the right to close an account or reduce a credit limit as it deems fit if a Direct Debit Mandate is cancelled rejected or unpaid. Should an account be closed for this reason all outstanding monies become due for immediate payment.

22. Internet and Email Communications and E-Commerce Transactions:

(i) Where available, Hirers may place orders direct from the EVision Electric Vehicle Hire website at www.evrent.co.uk using an electronic order form/system and/or e-commerce solutions. Hirers that hold a credit account may use an “account order” form. Hirers paying by credit card must use a “credit card order” form. The provision of details by the Hirer using either of these methods shall not be considered an order until confirmed to the Hirer by EVision Electric Vehicle Hire.

(ii) Where correspondence/transactions are carried out by e-mail or e-commerce, the electronic “signature” or e-mail “signature” shall constitute an authorised signature on behalf of either party and shall bind both parties to the hire contract.

(iii) Although EVISION ELECTRIC VEHICLE HIRE and its e-commerce provider will take all reasonable steps to ensure security is of the highest order, no warranty is given that e-commerce solutions provided by EVISION ELECTRIC VEHICLE HIRE are secure.

23. Data Protection Act and Consumer Credit Licence:

(i) EVision Electric Vehicle Hire use a number of credit reference agencies and other organizations to protect itself from fraud and bad credit risk as well as taking references from Trade Suppliers and Bankers where appropriate. By applying for an account with EVision Electric Vehicle Hire, the Hirer hereby agrees that EVision Electric Vehicle Hire may access, store and use such information about their Company and/or Directors and/or Shareholders and/or Partners to allow EVision Electric Vehicle Hire to decide whether to offer or continue to offer credit.

(ii) Searches of information held by credit reference agencies, including the Electoral Register, may be carried out. This is done in order to assess the application (even if it does not proceed fully), prevent fraud and confirm identity. Searches are logged by the credit reference agencies and other parties who make searches in the future will be able to see this information.

(iii) For its part EVision Electric Vehicle Hire agrees that any information accessed as detailed in clause (a) above will be held solely for the purposes detailed in the said Act and that at no time shall this information be imparted to a third party except to EVision Electric Vehicle Hire’s legal representatives or where EVision Electric Vehicle Hire is required to by law.

(iv) EVision Electric Vehicle Hire’s parent company, H.E. SERVICES are registered under the Data Protection Act and holds a current Consumer Credit Licence. Details are available upon written request to the Financial Director at H.E. SERVICES Head Office.

24. Right to Communicate:

(i) By applying to open an account with, or hiring from, or requesting a quotation from EVision Electric Vehicle Hire, the Hirer hereby confers upon EVision Electric Vehicle Hire the right to contact the Hirer by telephone, facsimile or e-mail to offer advice, supply invoices / statements and the like, or additional services that EVision Electric Vehicle Hire believe will be of interest to the Hirer.

(ii) The Hirer has the right to opt out of any of the agreements in clause 22(i) above by writing to EVision Electric Vehicle Hire’s parent company, H.E. SERVICES, stating which of the above they do not wish to receive. Letters should be addressed to, The Financial Director, H.E. Group Ltd, Whitewall Road, Strood, Kent ME2 4DZ.

(iii) EVision Electric Vehicle Hire reserves the right to record any incoming or outgoing telephone conversation, for training, monitoring or other purposes.

25. The Contracts (Rights of Third Parties) Act 1999:

The Contracts (Rights of Third Parties) Act 1999 shall not apply to any contracts or agreements entered into between EVision Electric Vehicle Hire or its parent company, H.E. SERVICES & The Hirer.

26. General:

(i) If any provision in these conditions is held by any competent court of law to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provisions in question shall not be adversely affected thereby.

(ii) EVision Electric Vehicle Hire and its parent company, H.E. SERVICES shall not be liable to the Hirer nor be deemed to be in breach of any of these conditions by reason of any delay in performing or failure to perform any obligation of these conditions due to any of the following causes, which are beyond its control:

(a) Act of God, explosion, flood, tempest, fire, or accident.

(b) War or threat of war, sabotage, insurrection, civil disturbance, or requisition or act of terrorism.

(c) Acts, restrictions, bye-laws, regulations, prohibitions, or measures of any kind on the part of any governmental parliamentary or local authority.

(d) Strikes, lock-outs or other trade disputes

(e) Difficulties in obtaining new plant, labour, fuel, spare parts or machinery.

(f) Power failure or breakdown in machinery.

(iii) This contract shall be governed by the laws of England and is subject to the exclusive jurisdiction of the English Courts.

(iv) Notwithstanding anything to the contrary in the absence of any specific condition English common law applies.

(v) EVision Electric Vehicle Hire shall be entitled at any time and from time to time to vary or replace the terms and conditions and exceptions herein contained without advance notice.

(vi) No variation to these terms and conditions shall take effect or have any affect in law unless the variation has been agreed and confirmed in writing to the Hirer by a Director of EVision Electric Vehicle Hire’s parent company, H. E. SERVICES.

Sanctioned Countries: EVision Electric Vehicle Hire is unable to accept payment from debit/credit cards from any country sanctioned by the Treasury Department’s Office of Foreign Asset Control (OFAC). The list of sanctioned countries is updated periodically.

Cancellation Policy:

(i) If a booking is cancelled within 48 hours from the starting period of the hire, 50% of all monies paid will be non-refundable.

(ii) If a booking is cancelled within 24 hours from the starting period of the hire, 100% of all monies paid will be non-refundable.

(iii) If a wedding booking is cancelled within 3 months from the start of the hire period, the deposit will be non-refundable.

(iv) If a wedding booking is cancelled within 14 days from the start of the hire period, the full hire amount will still be charged to the customer.

(v) if a customer does not appear within 15 minutes at the time and place designated as a pickup point, all monies will be non-refundable.

27. Tracking: Vehicles may be fitted with geo-location systems and tracking devices to locate our vehicles in case a vehicle is stolen or not returned to the rental location, or to locate a vehicle in the case of an accident or breakdown.

28. Use of Personal Information: EVision Electric Vehicle Hire use your personal information to (1) provide the rental services to you and (2) decide whether to provide future rental services to you. We will provide your personal information, to the extent the law allows and, if necessary, with your express consent, to:

Law enforcement, local authorities and parking companies if they have the right to your information and it is required by law, including to make any necessary checks to verify the validity of your driving licence.

To third parties who act on our behalf in claims administration, in collecting monies that you owe us.

Any party that we are required to provide your information to by law.

You have a legal right to access the information we hold about you, and, if justified, you may ask for this information to be corrected, modified, blocked or removed. The data controller is the vehicle rental provider, as named on this rental agreement.

29. Personal Property: EVision Electric Vehicle Hire is not responsible for any loss or damage to any personal belongings placed in or on the vehicle which will at all times be your responsibility. You must not leave any personal belongings in or on the vehicle when you return it to us. You are responsible for checking and removing your personal belongings from the vehicle. Any personal belongings left in or on the vehicle which remain unclaimed for 2 months after the end of the hire period will be disposed of.

30. Connected Cars and Your Privacy: A range of cars on the EVision fleet have been manufactured so as to be connected to the internet and to collect and provide certain categories of information (including your personal information) to us and to the manufacturer of the vehicle (‘connected car’). The use of the connected car data collected is primarily to ensure the vehicle is in safe working order. Unless these relevant features are disabled, these devices are turned on all of the time, even when other media in the vehicle is switched off. The data a connected car can provide includes battery charging information, diagnostics information, mileage readings, vehicle commands, GPS data, information collected by the infotainment system and emergency calling (eCall). We will not collect any data unless we have your express permission or where we are required to do so by law.

31. Applicable law: This rental agreement is governed by the laws of England and Wales. Any disputes may be settled in the Courts of England and Wales.

32. Date in Force: These terms and conditions are in force from the 1st of March 2019 and overrule any previous terms and conditions.

Car manufacturers who have access to this data will also be a data controller and are subject to any relevant data protection laws.

EVision Electric Vehicle Hire will only access and retain information where it is necessary and there is a legitimate reason for doing so.

Any information obtained by EVision Electric Vehicle Hire will only be retained for as long as our legitimate needs require and will be securely destroyed upon completion of these legitimate aims.

EVision Electric Vehicle Hire will not use location data to generally track or monitor your movements.

EVision Electric Vehicle Hire will not track your car usage unless there is a legitimate reason for doing so.

EVision Electric Vehicle Hire will not track your journey during your rental.

EVision Electric Vehicle Hire insists that the connected capabilities are not turned off in the vehicle in case we need to track the vehicle for a legitimate reason, such as theft of the vehicle or where the vehicle is involved in an accident. If you do not wish to hire a connected car, speak to one of our advisors who will recommend an alternative vehicle to you.