Member Terms and Conditions
Yuko with Toyota
Member Ts & Cs
Terms and Conditions of Use
The following Agreement is
a) CARCLICK LTD t/a YUKO TOYOTA CAR CLUB
Registered Office: Toyota House
Company Number: 6542847N
(the "Service Provider")
b) You, the member of YUKO TOYOTA CAR CLUB
1.1 The Service Provider intends to make available to qualifying members of the public and corporate entities the facility of access to vehicles operated by YUKO TOYOTA CAR CLUB
1.2 The Service Provider is willing to permit the User to use (and the User agrees to use) designated vehicles on the terms and conditions set forth in this Agreement.
NOW IT IS AGREED AS FOLLOWS:
The following terms have the following meanings;
“Agreement” means this agreement
"Corporate Body" means an organisation which has entered into an agreement with the Service Provider whereby its employees, contractors, agents, or other authorised persons may use the vehicles on its behalf.
"User" means the person from time to time authorised to use the vehicle, and where the user is a Corporate Body, includes the person authorised by both that Corporate Body and the Service Provider to use the vehicle.
“Member manual ” means User’s handbook, which is issued to members which may be superseded from time to time
2. The User’s Agreement
2.1 The User agrees to be bound by the terms and conditions as listed in this agreement and acknowledges that The Service Provider reserves the right to repossess the vehicle at any time without demand at the User’s expense if the terms of this Agreement are breached.
2.2 The conditions and responsibilities of the user shall lie, in the first instance, with the Corporate Body on the occasions when the user is using the vehicle with the authority and permission of a Corporate Body, and where that Corporate Body has agreed to accept the conditions and responsibilities.
2.3 For the avoidance of doubt, it is assumed that when an employee, contractor, agent, or other authorised person of the Corporate Body is using a vehicle during the block booked hours that the corporate body has given authority and permission for such usage.
The User agrees that prior to the driving away of the vehicle he/she will:
3.1 Inspect the vehicle for any damage either inside or outside the vehicle. Any damage not shown on the previous damage report must be recorded on the next damage report and in the logbook;
3.2 The User is only authorised to use the vehicle at the time and date specified in a booking made with The Service Provider.
4.1 The vehicle must be returned by the agreed time and date to the designated collection point as booked with the Service Provider;
4.2 The User agrees he/she will return the vehicle with all documents and accessories present at the time of collection (see User’s Handbook for details) and in the same condition as they were on collection;
4.3 All extension of vehicle hire requests from the Service Provider must be made prior to the agreed return time for hire.
5. Charges for Late Return
If the vehicle is not returned by the agreed time and date to the designated collection point, the Service Provider will charge the User at the agreed hire rate (see relevant tariff details on YUKO Toyota Car Club Website). If the User fails to inform the Service Provider that they will return the car late prior to the original end time, the Service Provider may apply a penalty charge of €25.
6. Charges for Returning the Vehicle in Poor Condition Unacceptable to the Service Provider
If the vehicle is not returned to the Service Provider in the same condition as it was in on collection, including all documents and accessories present at time of collection, the Service Provider will be entitled to charge the User a €25 penalty fee, in addition to the charges arising under clause 9.
Full details of all the joining and rental charges are as shown on the Yuko Toyota Car Club website and they and all other charges are available in written form on request.
In accordance with the charges as set out on the Yuko Toyota Car Club website, the User shall pay the Service Provider on demand the sum of:
7.1 The agreed joining fee if applicable;
7.2 The agreed rental rate for the period including authorised and unauthorised extensions;
7.3 All mileage charges relating to the distance travelled whilst the vehicle is in use;
7.4 The agreed excess waiver if applicable
8. Other charges
8.1 In exceptional circumstances, a penalty charge of €25 will be charged to the User by the Service Provider in addition to any charges the Service Provider may incur on the User’s behalf;
8.1.1 Vehicle being returned late without User informing the Service Provider prior to the end time of the hire.
8.1.2 Vehicle not being returned to the correct location where the User has failed to inform the Service Provider.
8.1.3 User found to have smoked in the vehicle.
8.1.4 User not leaving the vehicle clean internally and/or externally
8.1.5 Any fines, penalties, court costs or other expenses imposed on the Service Provider by law, arising from the use of the vehicle while on rent to the User, unless due to the Service Provider’s fault, which shall not relieve the User or any other person of direct responsibility to any public authority for his/her unlawfulness;
8.1.6 The Service Provider’s costs, including reasonable legal fees and administration charges incurred in collecting amounts due from the User under this Agreement;
8.1.7 Any amounts due under any clauses in this agreement relating to the loss or damage to the vehicle;
8.1.8 Any sums incurred by the Service Provider in connection with the recovery of the vehicle, or otherwise incurred by the Service Provider due to the User’s acts or omissions.
8.2 Replacement smartcards will be provided at a charge of €5.
9. Responsibility of the User
9.1 The User is responsible for the first €1000 of any costs of repairs for damage to the vehicle, howsoever caused. This can be waived down to €200 by paying an additional €4 per month.
9.2 The User is responsible for the first 20% of the cost of any claim resulting from the theft of the vehicle whilst in their custody or control, if no negligence is proved.
10. Care of the Vehicle
10.1 The User must look after the vehicle, making sure it is locked and secure when not in use and set and use any security device fitted.
10.2 The User must check the oil and water on collection, and subsequently on a daily basis.
10.3 The User must inspect the tyres on a daily basis, and ensure that they are inflated to the correct pressure at all times.
10.4 The User is responsible for keeping the vehicle sufficiently supplied with the correct fuel (see Users Handbook)
10.5 The User is responsible for ensuring that the vehicle interior is left clean and tidy before it is returned.
11. Conditions of Use
The User must not allow the vehicle:
11.1 to be used to smoke in;
11.2 to be used to carry passengers or cargo for remuneration (it is however permitted to share the cost of hire with passengers);
11.3 to be used to propel or tow any vehicle, trailer or other object
11.4 to be used to take part in any race, rally, pace-making, trials, speed testing or other contest;
11.5 to be used for motor trade use;
11.6 to be used while the driver is under the influence of alcohol, drugs, or any other substance impairing their consciousness or ability to react;
11.7 to be used in contravention of any traffic regulations – note that committing any traffic offence, other than those listed in section 11.1.3 is a violation of this agreement;
11.8 to be driven by any other person (including any other User) who has not first been authorised by the Service Provider and added to the Service Provider Agreement;
11.9 to drive or be driven outside the Republic of Ireland
Failure to comply with the conditions of use (Article 11) and care of the vehicle (Article 10) may result in the charge of penalty payments and any charges incurred by the Service Provide and/or the recovery of the vehicle without notice at the User’s expense.
13. Other User obligations
13.1 The User agrees to notify the Service Provider immediately if any of the following events occur:
13.1.1 The User is involved in an accident involving a vehicle that he or she is driving (whether or not a Service Provider vehicle);
13.1.2 The User’s driving licence is endorsed, and the User agrees to provide their licence with the schedule of endorsements to the Service Provider for copying;
13.1.3 The User’s occupation changes to that of a restricted occupation (as defined in clauses 14.1.9);
13.1.4 The User suffers from a health related complaint that restricts their ability to drive safely.
13.1.5 The User commits any motoring offence whether or not in a Service Provider Vehicle.
13.2 In the event that changes of status occur which affect eligibility the Users membership will be suspended, unless renewed approval can be obtained under special conditions.
13.3 The User agrees that he/she has read and understood the User’s Handbook and the procedures contained therein, and the conditions relating to the use of the vehicle, the security of the vehicle, and the use and care of the keys for the vehicle if applicable.
14. Insurance and Eligibility of Membership
14.1 Membership and insurance cover shall only be available to members of the public who meet the following acceptance rules:
14.1.1 Are over the age of 20 and under the age of 80;
14.1.2 Are full driving licence holders for the class of vehicle being hired, who have held their licence for a minimum of 12 months;
14.1.3 Have no more than 6 penalty points in the last five years;
14.1.4 Have had no more than three accidents in the last three years;
14.1.5 Have not been disqualified from driving for a period exceeding six months in the last three years or has been disqualified for more than three months during the past year.
14.1.6 Whose licence has not been suspended or endorsed for the following major offences in the past 5 years:
- failure to stop when so required by member of the Garda Siochana
- driving a vehicle when unfit
- breach of duties at an accident
- driving without insurance
- driver found to be driving carelessly
- all drink driving offences
14.1.7 Any person not disclosed on the hirer driving declaration (application)
14.1.8 Have had no more than two theft claims in the last three years.
14.1.9 Are not a professional sportsperson, a professional model, a member of the entertainment profession or a person without a permanent address or residence
14.2 Any users with a medical condition which requires notification to the National Driving License Service must notify the Service Provider prior to membership being permitted.
14.3 The Service Provider has insurance coverage for the persons using the vehicle with their permission (and not otherwise) in accordance with an Automatic Liability Insurance Policy. This policy meets all applicable statutory requirements and protects the owner and/or authorised driver of the vehicle against any legal claims from third parties for personal injury or material damage caused by the use of the vehicle.
14.4 The User waives all rights to and agrees that the Service Provider or persons acting on its behalf will conduct negotiations and agree any settlement with the insurers and that any monies in respect of vehicle loss or damage will be paid to the Service Provider or such persons as the Service Provider may direct.
15.1 The User must report any traffic accident, loss, damage, or theft to the Service Provider as soon as practically possible, which would normally be within 6 hours; the police reference number allocated must be provided.
15.2 The User must not admit liability or guilt in the event of an accident, or promise to pay any third party, or attempt any repair. A Service Provider accident or theft report form must be fully completed on request. If the User does not comply with this request, insurers may refuse the claim.
15.3 The User agrees to co-operate with the Service Provider and its insurers in any investigation or subsequent legal proceedings
16. Personal Property
The Service Provider is not liable to the User or any passenger for loss or damage to property left in the vehicle either during the period of hire or thereafter. Such property is left entirely at the User’s or passenger’s own risk. Users are not covered by the Service Provider’s insurance for the theft of possessions or valuables from the vehicles.
17. Personal Data
The User consents to the computer storage and processing of the User’s personal data by the Service Provider in connection with this Agreement and to the transmission of this data for the purposes of the Service Provider’s legitimate interests including statistical analysis, marketing of our services and credit control. If the User breaches this Agreement, the User’s personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.
To the extent allowed by law:
18.1 The User agrees to indemnify and hold the Service Provider harmless against any claims in connection with operation of the vehicle, any damages suffered by, including without limitation, the fines and other consequences referred to in clause 5 above, or any matters which are the consequences of the User’s acts or omissions.
18.2 The Service Provider expressly disclaims any liability for damage or loss of any kind suffered by the User or any third party, unless it has been proven that the Service Provider is at fault.
19. The Service Provider’s Obligations
The Service Provider agrees to be bound by the terms and conditions as listed in this contract and acknowledges that the User reserves the right to terminate the agreement at any time without demand at the Service Provider’s expense if the terms of this Agreement are breached.
The Service Provider agrees to provide the minimum service provision, which is defined as follows:
19.1 The Service Provider, will ensure, as far as is reasonably possible and in accordance with the Agreement, that the vehicle is in a roadworthy condition.
19.2 Vehicles are made available (according to the agreed terms and conditions) to Users from the designated parking place from the booked start time, and are accessed by the User’s smartcard (see Member Manual for details). Once the vehicle has been checked for external damage and internal neglect, and relevant details of condition have been entered in the logbook, a User can then use the vehicle in accordance with the agreed terms and conditions.
19.3 The Service Provider ensures that the vehicles are in a roadworthy condition and are regularly serviced. In the event of a vehicle breakdown occurring, and once the User has requested assistance (as set out in the Member Manual), designated breakdown assistance will be provided (according to the terms and conditions as arranged with the Service Provider).
19.4 Vehicles can be booked via the YUKO Customer Service Team or through the internet booking site. The Team can be contacted at specified times (see Member Manual) for bookings, general enquiries, reporting theft, or damage of any other nature. To access a vehicle, bookings must be made in advance according to the terms and conditions. If the User’s requirements cannot be met, the YUKO Service Team will endeavour to offer an alternative but cannot guarantee to meet all the User’s requirements.
Changes to this Agreement
Any changes to the terms and conditions of this Agreement will be notified to the User by the Service Provider.
21. Term of this agreement
21.1 The Service Provider must give at least one month’s notice of their intention not to renew the Agreement.
21.2 This Agreement may be terminated with immediate effect by the User in the event that the Service Provider breaches any of the terms of this Agreement.
21.3 This Agreement may be terminated with immediate effect by the User in circumstances with the agreement of the Service Provider.
21.4 This Agreement will be terminated if superseded by a new contract between the User and a new Service Provider (in agreement with the current Service Provider and User named in this contact).
22. Law and jurisdiction
Any proceedings arising in connection with this Agreement shall be submitted to the non-exclusive jurisdiction of the competent court in the county of registration of the vehicle. The applicable law in any proceedings will be the law of the courts of Ireland.
The User shall not be entitled to assign or otherwise transfer any of its rights or obligation under this Agreement.