WhizzGo Pay-by-the-hour cars WhizzGo Pay-by-the-hour cars Back to the Home PageJoin WhizzGoBook a WhizzGo car
give us a call...
08444 77 99 66
contact us
WhizzGo Pay-by-the-hour cars
 

home : is whizzgo for me? : how it works : what it costs : locations : our cars : whizzgo for business : green travel : partners : about us : media lounge
 
WhizzGo WhizzGo

Terms and Conditions

Index    

1) Definitions
2) Conditions of Use for WhizzGo Members
3) Your responsibilities
4) WhizzGo’s responsibilities
5) Booking
6) Using Vehicle
7) Pricing structure
8) Refuelling, minor expenses and car cleaning
9) Invoicing
10) Invoicing charges
11) The WhizzGo Smart Card
12) Additional Charges
13) Traffic offences

 
WhizzGo
14) Insurance cover
15) What to do in case of an accident or theft
16) Breakdown
17) Corporate Members
18) Data Protection
19) Termination of Agreement
20) Amendments
21) Force Majeure
22) Severance
23) Third Party Rights
24) Governing Law
25) Jurisdiction



1. Definitions

In this Agreement:

Agreement refers to the agreement between WhizzGo and you as an individual Member or a Corporate Member which comes into force when WhizzGo has accepted your application and issued you or the Corporate Member with one or more WhizzGo Smart Cards. The Agreement incorporates these Terms and Conditions which you and the Corporate Member read and accepted when applying to become a Member. All staff authorised by a Corporate Member to use WhizzGo cars for business use and accepted by WhizzGo are deemed to have accepted these Terms and Conditions;

Booking is any period of time that you have reserved a Vehicle for your use, including any extension;

A5 Booklet refers to the A5 members’ booklet sent or emailed with each Member’s WhizzGo Smart Card and contained in the passenger glove box of each Vehicle;

Corporate Member means a company, partnership or other legal entity which has become a Member to enable its staff to use WhizzGo cars for business use;

Damage Report Card is the Damage Report Card contained in the passenger glove box of the Vehicle where you and other Members must record any damage to the Vehicle of which you have become aware (both inside and outside) that is not already recorded there;

Membership Pack is the reading material that is sent or emailed to you with your WhizzGo Smart Card, including the A5 booklet;

Member refers to any individual or Corporate Member who, having read and accepted the Terms and Conditions on applying to become a WhizzGo Member, has been accepted by WhizzGo as a Member and includes staff authorised by a Corporate Member and WhizzGo to use WhizzGo cars for business use;

Reserved Parking Spaceis the reserved space in which the Vehicle is parked when not in use by a Member;

Vehicle refers to a car in the WhizzGo fleet that you are permitted to drive for the Booking;

WhizzGo refers to WhizzGo Europe Limited incorporated in the UK with company registration number 06660465 and registered address Cathedral Chambers, Great George Street, Leeds LS2 8BD;

WhizzGo Pioneers refers to founder WhizzGo members who became active members before 1 May 2008;

WhizzGo Smart Card refers to the smart card sent or made available to you to allow you to make Bookings and access Vehicles in the WhizzGo fleet.


Back to the top

2. Conditions of Use for Members

2.1
You must not allow anyone other than a WhizzGo Member to drive a Vehicle.

2.2
You must not use the Vehicle:
a)
for hire or reward, any illegal purpose, off-road, or for racing, pace-making, testing the Vehicle’s reliability and speed, or teaching someone to drive;
b)
when under the influence of alcohol or drugs

2.3
You must not:
a)
carry a number of passengers which exceeds the designed seating capacity of the Vehicle;
b)
carry baggage which would cause the Vehicle to be over the Vehicle’s maximum legal road weight as stated on the Vehicle’s load plate
c)
drive the Vehicle outside England, Scotland, Wales and Northern Ireland without written permission from WhizzGo and an International Green Card, a VE103 document issued by WhizzGo’s insurance broker and international vehicle breakdown cover.

2.4
When applying to become a Member, the information given by you to WhizzGo (including, without limitation, your name, address, age, occupation and driving history, including both accidents and motoring offences) shall be correct and complete.  If any of this information other than your age should change, you must advise WhizzGo immediately.

2.5
You must use the Vehicle at all times in accordance with all highway and other applicable laws and regulations in force at any time.

2.6
WhizzGo reserves the right to immediately suspend the provision of its service to you or any member of staff of a Corporate Member and/or terminate this Agreement with you if you contravene any of these Terms and Conditions.  Upon suspension, any existing reservations for you may be cancelled by WhizzGo in its sole discretion.

3. Your Responsibilities

3.1 You must pick up the Vehicle you have booked at its designated parking space and return it locked, clean and in good working order, to the same space, no later than the end of the Booking.

3.2 The law states that a driver of a vehicle is responsible for ensuring that it is roadworthy and WhizzGo cannot absolve you from that responsibility.  You are therefore legally responsible for the Vehicle, and anything that happens to it, from the moment you use a WhizzGo Smart Card to gain access to it until the end of the Booking when you lock the Vehicle with the WhizzGo Smart Card. If you or anyone else causes damage to the Vehicle during the Booking you must report it immediately and note the damage on the Damage Report Card.

3.3 Prior to taking possession of a Vehicle, you must walk around the Vehicle to make a visual check of its condition both inside and outside. The law says that this should include all checks it is reasonable and practical for you to make, such as: oil, water, screenwash, damage, electrics (e.g. lights, windscreen wipers), tyres. You must advise WhizzGo at the start of your Booking by phone of any new damage or abnormality found on the Vehicle or when using a Vehicle that is not already noted on the Damage Report Card in the Vehicle.  If there is no Damage Report Card in the Vehicle, you must report this immediately. If WhizzGo is not notified of a problem at the start of a reservation, then we will necessarily assume that you caused the problem and will hold you responsible for any costs incurred fixing the damage or abnormality. It is your responsibility to carry out these checks throughout your Booking. If any abnormalities or accidents occur due to your negligence or failure to carry them out then you will be held responsible for all liabilities and costs incurred as a result.

3.4 YOU MUST NOT UNDER ANY CIRCUMSTANCES PERMIT ANYONE WHO IS NOT A MEMBER TO DRIVE A VEHICLE.   IF YOU DO SO, YOU WILL BE ENTIRELY RESPONSIBLE FOR DAMAGE CAUSED TO THE VEHICLE AND ANY HARM CAUSED TO THIRD PARTIES WITHOUT LIMIT.

3.5 You must follow the procedures set out in the Membership Pack regarding opening and locking of the Vehicle with your WhizzGo Smart Card at the beginning and end of your Booking. In particular you must ensure that the Vehicle is locked using your WhizzGo Smart Card at the end of your Booking. Failure to do so could make you liable for damage caused to or theft of the Vehicle and any harm caused to third parties without limit as a result.

3.6 You must lock the Vehicle with the key when not using it during your Booking.

3.7 You must use the correct fuel when refuelling a Vehicle. If you put the wrong fuel in, you will be charged all the costs involved, including but not limited to the cost of getting an engineer out, flushing out the wrong fuel, the cost of refuelling the Vehicle with the correct fuel and returning the car to its bay. Your Booking will be extended until the Vehicle is returned to its bay and you will be charged the cost of the extended Booking.

3.8 You must not sell, rent or dispose of any Vehicle or any of its parts, or purport to give anyone any legal rights over a Vehicle.

3.9 You must not use the fuel card in the Vehicle to purchase fuel, oil or car washes other than for the Vehicle. Incorrect use will result in a surcharge being payable.

3.10 You must ensure that no repair or other work (other than minor work referred to in clause 8) is carried out on a Vehicle without WhizzGo’s prior written permission.

3.11 You will be liable for the cost of cleaning and/or repairs to a Vehicle if the Vehicle is found to be in an unfit state for the next Member or if the Vehicle is damaged inside or outside whilst the Vehicle has been your responsibility as set out in clauses 3.2 and 3.3. This includes damage to the windscreen and punctures.

3.12 You are responsible for paying any tolls, fees and charges which you may incur during a trip, including but not limited to parking charges, the London Congestion Charge (unless the Vehicle is exempt), Dartford crossing tolls and toll road fees.

3.13 You and any passengers must not smoke or allow pets to be carried in the Vehicle. You are liable for administration charges, as set out in clause 12 below, if evidence of smoking or pets is found in any Vehicle, or if any WhizzGo member of staff or WhizzGo Member reports that they have witnessed this occurring.

3.14 You must check that you have not left any belongings in the Vehicle prior to locking it with your WhizzGo Smart Card at the end of your Booking. You agree not to hold WhizzGo responsible for any belongings you do leave in the Vehicle. In order to retrieve items left in the Vehicle after your Booking has expired, you will need to extend your original Booking or make a new one.

Back to the top

4. WhizzGo’s Responsibilities

4.1 WhizzGo will maintain all Vehicles to a roadworthy standard.

4.2 WhizzGo’s procedures are designed to ensure that any faults are reported promptly by both Members and WhizzGo employees or other persons responsible for the maintenance of the Vehicles. Members must ensure that WhizzGo is informed of any irregularities as soon as they become aware of them.

4.3 Subject to clause 4.5 below, WhizzGo is not liable to a Member under or in connection with this Agreement whether for negligence, breach of contract, misrepresentation or otherwise, for:

a) loss or damage incurred by a Member as a result of any claims made by a third party; b) loss of profit, goodwill, business opportunity or anticipated saving suffered by a Member; or c) any indirect or consequential loss or damage suffered by a Member.

4.4 Subject to clause 4.5 below, WhizzGo’s entire liability under or in connection with this Agreement whether for negligence, breach of contract, misrepresentation or otherwise, is limited to an amount equal to four (4) times the cost of the Booking.

4.5 Nothing in this Agreement will operate to exclude or restrict WhizzGo’s liability for:

a) death or personal injury resulting from negligence; b) breach of the obligations arising from s.12 of the Sale of Goods Act 1979; or c) WhizzGo’s fraud.


Back to the top

5. Booking

5.1 You must always reserve a Vehicle prior to use, either online or by phone.

5.2 The minimum Booking is one hour and usage is charged in 30 minute units.  Any Booking of 14 continuous days or more is subject to WhizzGo’s discretion. Such reservations must be agreed by WhizzGo prior to booking.

5.3 If you wish to cancel or shorten a Booking, you can do so at least three hours before the start of the Booking without charge. Bookings cancelled or shortened less than three hours before the start must be paid for in full.

5.4 You can extend a Booking in accordance with the procedures set out in the Membership Pack but only if another Member is not waiting for the same Vehicle and would be inconvenienced thereby.

5.5 If you fail to return a Vehicle to its Reserved Parking Space before the end of your Booking without telling us, you are liable to incur the administration charges and other costs set out in clause 12 below. If you return a Vehicle late you may still incur administration charges and other costs even if you have told us but only in the circumstances outlined in clause 12. If the Reserved Parking Space is blocked on your return you must call WhizzGo immediately to ascertain where you are allowed to park it and advise where you have left the Vehicle so that the next Member to use the Vehicle is able to find it. If you fail to do this and parking fines are levied on the Vehicle or it is towed away, you will be liable to pay the cost of such fines and tow away charges plus any reasonable administration charges.

Back to the top

6.Using a Vehicle

6.1 During the Booking, you must immediately inform WhizzGo by phone of any fault in the Vehicle and must not use the Vehicle whilst it is in an unroadworthy condition as defined by current legislation.

6.2 You are responsible for all fines, penalties, charges, fees, costs and expenses incurred by your Vehicle use during the Booking (including but not restricted to fines, penalties, charges, fees, costs and expenses incurred as a result of traffic and parking offences).

6.3 You must keep the Vehicle in good condition during the Booking so that it is ready for use by the next WhizzGo Member by no later than the end of the Booking. If you fail to do so, you will incur the administration charges and other costs as set out in clause 12 below.

6.4 At the end of the Booking, you must return the key of the Vehicle to its slot in the passenger glove box (this may be in the base of the handheld computer or the small slot in the glove box itself, depending on the type of computer installed). The Booking ends when you lock the car with your WhizzGo Smart Card. You will be charged for the full Booking even if you return the Vehicle earlier.

6.5 You must inform WhizzGo immediately if you lose the key or forget to leave it in the Vehicle. You will be charged the applicable hourly rate (in thirty minute units) until the key is returned or replaced, as well as any applicable administration charges and other costs set out in clause 12 below.

Back to the top

7. Pricing Structure

7.1 Annual membership fee:  WhizzGo charges an annual membership fee to all Members who are not WhizzGo Pioneers. The cost of the annual membership fee is set out on the pricing pages of our website. This includes the right to use a WhizzGo Smart Card and entitles you to use your WhizzGo Smart Card for as long as you are a Member. If you wish your partner to be able to use your smart card, we will need to check that they are covered by our insurance. The cost of additional Smart Cards and adding partners is set out on our website. If you choose to terminate your Agreement with WhizzGo before your first anniversary of joining you will be liable to pay any remaining amount of your annual membership fee.

7.2 Usage charges. The cost of using a Vehicle is set out on the pricing pages of our website.

7.3 Latest prices are available to view on the WhizzGo website,  www.whizzgo.co.uk. These prices are subject to change at any time.

Back to the top

8. Refuelling, Minor Expenses and Car Cleaning

8.1 Refuelling. WhizzGo pays the cost of refuelling the Vehicle. However, when returning the Vehicle, you must ensure that the fuel gauge shows at least 2 units full. To pay for fuel, you should use the fuel card located in the slot on the on-board computer which can be used at over 90% of garage forecourts.  If you return the Vehicle with a fuel tank less than 2 units full you may be liable to pay an administration charge as set out in clause 12 below.

8.2 Minor Expenses. A ‘minor expense’ is defined as an expense incurred by a Member for minor routine maintenance on Vehicles costing less than £10. Such items may include screen washer fluid, engine oil (please refer to the manual for the Vehicle contained in the passenger glove box for the correct oil information), bulbs, wiper blades etc. You must keep receipts for minor expenses and forward them to WhizzGo in order to be reimbursed. Such minor expenses will then be deducted from your monthly bill. No refund will be given without production of a receipt.

8.3 Car cleaning. WhizzGo cleans the Vehicles regularly.  However, if a Vehicle needs cleaning, WhizzGo will pay up to £7.50 towards the cost of cleaning a Vehicle, whether inside, outside or both.  If you have made the Vehicle dirty through your use, you must clean the Vehicle before returning it.  The fuel card contained in the Vehicle can be used to pay for car cleaning costs. No credit will be given for car wash costs not paid for using the fuel card unless a receipt is provided.

Back to the top

9. Invoicing

9.1 You will be sent an invoice for the use of Vehicles and fines, penalties, charges, fees, costs and expenses incurred by email. These charges are payable by debit card, credit card or any other method as agreed between you and WhizzGo. Any debit card or credit card provided by you to WhizzGo for payment purposes or other method of payment which is declined by the card issuer or bank or building society may, at the discretion of WhizzGo, result in the suspension or cancellation of membership.  Invoices can be sent by post for a monthly charge of £2.

9.2 If a debit card or credit card or direct debit payment is declined by the card issuer or bank or building society leaving you with an outstanding balance, then WhizzGo will suspend the provision of its services to you until full payment is received by WhizzGo.

Back to the top

10. Invoicing Charges

10.1 You will receive a statement showing your Vehicle usage on a monthly basis, on or around the 3rd day of each month. You will be liable to WhizzGo for the following charges:

a) the usage charges shown on your monthly statement in accordance with clause 7 of these Terms and Conditions.

b) the cost of repairing any damage incurred whilst the Vehicle is your responsibility in accordance with clause 3.3. This may include lost revenue whilst the Vehicle is being repaired, storage charges and the cost of recovering the vehicle.

c) the cost of repairing any damage and any other costs resulting from your failure to comply with these Terms and Conditions.

d) on demand, all fines, penalties, charges, fees, costs and expenses for parking, traffic or other offences (including any costs which arise if the Vehicle is clamped) charged to either WhizzGo or you and incurred as a result of your Vehicle use. You must pay the appropriate authority any such fines, penalties, charges, fees, costs and expenses and inform WhizzGo within 2 working days of any notification made by an authority to you of such fines, penalties, charges, fees and costs. Any fines, penalties, charges, fees, costs and expenses (other than fuel, minor expenses and normal cleaning costs) that are processed by WhizzGo will render you liable for WhizzGo’s reasonable administration charges as set out in clause12.

e) Any charge for sending your invoices by post.

f) The cost of a replacement Smart Card, if applicable.

g) On demand, reimbursement of any out-of-pocket expenses incurred by another Member in using alternative transport as a result of your failure to return a Vehicle at the end of the Booking to the Reserved Parking Space, together with WhizzGo’s reasonable administration costs (as set out in clause12).
h) On demand, any other fines, penalties, charges, fees, costs and expenses incurred by you or WhizzGo as a result of your failure to adhere to these Terms and Conditions.

i) Interest, which shall accrue daily to any amount you do not pay WhizzGo on time at a rate of 8% above the Bank of England base rate.

J) On demand, WhizzGo’s costs, including reasonable legal fees, incurred in collecting payments due from you.

k) Value added tax and all other taxes and levies on any of the charges listed above, as applicable from time to time.

10.2 Your acceptance of these Terms and Conditions and use of Vehicles shall constitute authority for WhizzGo to compute how much you owe, send you an invoice and, if you pay by debit or credit card or direct debit, debit all monies due against your nominated credit or debit card or from your bank or building society account by direct debit. If you are a Corporate Member and pay by BACS or cheque, payment must be made within 14 days’ of invoice date. This includes charges due as a result of theft of, or damage to, the Vehicle for which you are liable in accordance with these Terms and Conditions up to any applicable excess and any fines, penalties, charges, fees, costs and expenses for parking and traffic offences as described in clauses 12 and 13 below.

Back to the top

11. The WhizzGo Smart Card

11.1 WhizzGo will issue you with a WhizzGo Smart Card.  You must carry the WhizzGo Smart Card when using a Vehicle. Service stations and other businesses with which WhizzGo has partnerships may require you to present your WhizzGo Smart Card to be eligible to receive their services.

11.2 If you misplace your WhizzGo Smart Card, you will be liable to pay a charge for a replacement card as set out in clause 12 below. If you fail to return your WhizzGo Smart Card at the end of your membership, the cost of a replacement card will be added to your bill.

11.3 At all times, a WhizzGo Smart Card remains the property of WhizzGo and WhizzGo reserves the right to require you to return a WhizzGo Smart Card on demand at its discretion.

Back to the top

12. Additional Charges

You agree to pay WhizzGo the administration charges and other costs set out below for the specified violation of one or more of the following Terms and Conditions:

12.1 returning a Vehicle after your Booking has expired (in addition to the hourly fees for use of the Vehicles):

a) Returning a Vehicle less than 10 minutes after the end of the Booking will not result in you incurring an administration charge.

b) If you pre-advise WhizzGo at least 15 minutes prior to the end of the Booking that you will be late, and there is no other Booking due to commence immediately after, you can extend your Booking without incurring an administration charge. However you will be liable for any usage charges attributable to the extended Booking.

c) If you pre-advise WhizzGo at least 15 minutes prior to the end of the Booking and there is another Member waiting for the Vehicle, then you may be liable to pay an administration charge of £25, plus the reasonable costs incurred by the inconvenienced Member including but not limited to the cost of an alternative transport solution. (WhizzGo will always endeavour to find the inconvenienced Member another Vehicle to use).

d) If you do not pre-advise WhizzGo that you are running late at least 15 minutes before the end of your Booking, irrespective of whether there is another Member waiting or not, you will be charged an administration charge of £50. 

12.2 Charges for cancelled or shortened reservations:

a) There is no charge for a reservation cancelled or shortened at least three (3) hours before it begins.

b) For reservations cancelled or shortened less than 3 hours before they begin, you will be charged the cost of the whole of the original Booking.

12.3 You will be charged £25 if you:

a) smoke or allow your passengers to smoke in the Vehicle;

b) carry pets in the Vehicle.

c) return a Vehicle at the end of your Booking with less than 2 units of fuel;

d) leave the Vehicle unlocked at the end of your Booking (although if the Vehicle is stolen or damaged as a result, you may be liable to pay the full cost of replacing or repairing the Vehicle);

e) leave the Vehicle in an unfit state for the next Member (e.g. leaving litter in the Vehicle);

12.4 If you misplace your WhizzGo Smart Card you must inform WhizzGo as soon as you discover it is missing. There is a £20 charge for replacement WhizzGo Smart Cards.

12.5 You must inform WhizzGo immediately if you fail to leave the key in the Vehicle. You will be liable to pay the full hourly rate or part thereof until the key is returned, as well as any other applicable administration and other charges outlined above. The same charging structure will apply as outlined in clause 12.1 where a Vehicle is returned late.

12.6 You must not leave the key in a Vehicle at any time except when it is placed in its designated place in the glove box at the end of your Booking.

12.7 If you lose the key to the Vehicle, you will be charged a £25 administration fee in addition to the replacement cost of the key, the cost of your Booking which will be extended until the Vehicle has a replacement key and any costs incurred by a Member who may have booked the Vehicle after you.

12.8 You must ensure that the Vehicle is parked in its Reserved Parking Space at the end of the Booking. If you are unable to do so because an unauthorised vehicle is parked in the Reserved Parking Space or it is otherwise obstructed, you must notify WhizzGo immediately by phone. You should try to find the nearest legal parking space and tell us where you have parked the Vehicle.  If you fail to return the Vehicle to its Reserved Parking Space for any other reason (other than because the Vehicle broke down or was involved in an accident as a result of which it was taken to a garage for repair), you will be charged a £25 administration fee and will also be liable for any other associated traffic offence fines.

12.9 If you return a Vehicle late due to an accident or the breakdown of the Vehicle, you will not be liable for additional charges unless the accident or breakdown was as a result of a breach of these Terms and Conditions.

12.10 Any traffic offences, or other Member fines, penalties, charges, fees, costs and expenses (other than claims for fuel, minor expenses and normal cleaning costs) that need to be processed by WhizzGo will incur an administration charge of £25. Members will also be responsible for the payment of the relevant fine(s) to the relevant authorities and any fines, penalties, charges, fees, costs and expenses incurred by WhizzGo as a result of the offence.  If WhizzGo is made to pay these fines, penalties, charges, fees, costs and expenses by the relevant authority, or any other fines, penalties, charges, fees, costs and expenses incurred as a result of the offence, we will add the applicable amount(s) to your bill.

Back to the top

13. Traffic offences

13.1 You are liable for all traffic offence penalties which relate to your Booking including, but not restricted to, parking tickets, speeding fines, clamping fines, bus lane fines and compound charges. Wherever possible it is your responsibility to pay the relevant authorities directly. You must report any such offences to WhizzGo as soon as possible. 


Back to the top

14. Insurance Cover

14.1 Provided you fulfil your obligations set out in these Terms and Conditions, you will be covered by fully comprehensive motor insurance when driving a Vehicle. The insurance policy provides full cover against loss or damage to the Vehicle subject to the applicable excess (see below). No cover, however, is provided for the theft of personal belongings from the Vehicle, nor is any personal accident cover provided for the Member who was driving the Vehicle (passengers are, however, covered). By becoming a Member of WhizzGo, WhizzGo is authorising you to drive under WhizzGo’s motor insurance policy. Other personal motor insurance policies are not valid when you are using a Vehicle unless WhizzGo or its underwriters have agreed otherwise in writing.

14.2 If any loss or damage is incurred to the Vehicle, WhizzGo or a third party as a result of your use which is not covered by our insurance, then you are liable without limit. A copy of the full terms of our insurance policy is available on request.

14.3 Members aged 18 and over will be liable to pay up to the basic excess applicable to accidental damage and fire claims (the basic excess is £500 for all Vehicles).

14.4 Some Members may be liable to pay a supplementary excess in addition to the basic excess if WhizzGo’s underwriter requires one based on their driving record.  Any such supplementary excess will be notified to the Member when his or her application is being processed. 

14.5 Members aged over 21 can reduce the basic excess by paying the amount set out on our website (www.whizzgo.co.uk).

14.6 YOU MUST INFORM WHIZZGO IMMEDIATELY SHOULD ANY OF YOUR DRIVING HISTORY DETAILS CHANGE DURING THE COURSE OF YOUR MEMBERSHIP INCLUDING BUT NOT RESTRICTED TO ANY FURTHER ENDORSEMENTS OR ACCIDENTS.  YOU MAY NO LONGER BE COVERED BY OUR INSURANCE POLICY AND THEREFORE WILL IMMEDIATELY CEASE TO BE AUTHORISED BY WHIZZGO TO USE VEHICLES IN THE EVENT OF A CHANGE OF YOUR DRIVING HISTORY DETAILS DURING THE COURSE OF YOUR MEMBERSHIP UNTIL WE HAVE OBTAINED UNDERWRITER’S CONSENT. IF YOU CONTINUE TO DRIVE WITHOUT AUTHORISATION WHIZZGO WILL HOLD YOU LIABLE WITHOUT LIMIT FOR ANY LIABILITY INCURRED BY IT TO ANY THIRD PARTY, INCLUDING ALL COSTS, CHARGES, LEGAL AND OTHER FEES, EXPENSES AND FINES, THE COST OF DAMAGE TO THE VEHICLE AND LOST REVENUE WHILST THE VEHICLE IS BEING REPAIRED.

Back to the top

15. What to do in case of accident or theft

15.1 If you have an accident, you must not admit responsibility and should:

a) note down the names and addresses of everyone involved, including any witnesses, and the registration number plates of all other vehicles involved;

b) note down a description of what happened together with a sketch diagram;

c) if necessary, make the Vehicle secure and inform the police immediately if anyone is injured or there is a disagreement as to the facts; and

d) call WhizzGo on 08444 77 99 66 so that we can make sure you are alright, the tracking system can be activated as soon as possible if appropriate and alternative arrangements can be made for Members with later bookings if necessary.

15.2 If required by the underwriter, WhizzGo will send you an incident report form which should be filled in immediately and returned to WhizzGo at Cathedral Chambers, Great George Street, Leeds LS2 8BD.

15.3 You must provide accurate statements and co-operate with our insurance broker in any way they require.

Back to the top

16. Breakdown

16.1 If your Vehicle breaks down, call us straightaway from the Vehicle or on 08444 77 99 66.  We will get roadside assistance out to you immediately. If the breakdown was caused as a result of your negligence or damage then you will be held responsible for all the costs associated with this, including the cost of repairs, alternative arrangements for members booked on the car after you and the hire cost of the Vehicle until such time as it is returned in full working order to its location.

16.2 During the Booking, if a problem arises that prevents or limits the use of the Vehicle or that may compromise people's safety, call the WhizzGo team immediately from the Vehicle or on 08444 77 99 66 and park the Vehicle in accordance with WhizzGo's instructions. We will do our best to make alternative arrangements for you and anyone with a subsequent booking.

16.3 Jump start: it is strictly forbidden to use a Vehicle to jump start any car whether or not it is owned by WhizzGo, or to attempt to jump start a Vehicle using any other car.

Back to the top

17. Corporate Members

17.1 Corporate Members must not allow any member of staff to use its WhizzGo Smart Cards to make a Booking or drive a Vehicle unless that member of staff has agreed to abide by these Terms and Conditions and WhizzGo has confirmed in writing that that member of staff is covered by its insurance and therefore authorised to do so.  WhizzGo will hold the Corporate Member liable for all damage, fines, penalties, charges, fees, costs and expenses incurred as a result of a member of staff’s use of Vehicles unless the member of staff is a Member in his or her own name and using a Vehicle for his or her private use. Corporate Members must ensure that all staff using group WhizzGo Smart Cards enter their full name when making a Booking so that we and our insurers know who is driving our Vehicles at all times.


Back to the top

18. Data Protection

18.1 For the purposes of the Data Protection Act 1998, the data controller in relation to the information you supply is WhizzGo Europe Limited, Company No 06660465 registered address Cathedral Chambers, Great George Street, Leeds LS2 8BD.  You hereby consent to WhizzGo processing, as defined under the Act, any personal information that you provide. WhizzGo will maintain all the personal information you give as part of our records to assist us to maintain and improve the administration and management of the WhizzGo service. You are entitled to see your personal information held by WhizzGo at any time and to make any necessary amendments to keep the information up-to-date. WhizzGo may, from time to time, notify you of particular services and offers of WhizzGo and its business partners unless you object in writing.

18.2 Prior to accepting your application to become a Member, we will verify your identity. Corporate Members allowing staff to use WhizzGo cars for business use represent to WhizzGo that they have verified the identity of that member of staff. For private Members, this process involves checking the details you supply against those held on a number of specific databases Experian - the credit reference agency - has access to, for example information from the Electoral Register and fraud prevention agencies. Scoring methods will be used in the verification process as this gives a more thorough check of the available data. A record of this process will be kept that may be used to help other companies to verify your identity. We may also pass information to organisations involved in fraud prevention to protect ourselves and our customers from theft and fraud. If you supply false or inaccurate information and we suspect fraud, we will record this and share this information with other organisations.

Back to the top

19. Termination of Agreement

19.1 WhizzGo may terminate this Agreement immediately if you do not meet any of the conditions set out in these Terms and Conditions. If WhizzGo terminates the Agreement, it will not affect WhizzGo’s right to receive any monies owed to it under the Agreement. Any monies owed to WhizzGo at the time of termination will become immediately due and payable. 

19.2 Upon breach of this Agreement, WhizzGo may give your personal details to credit reference agencies, Customs & Excise, the Police, debt collectors, or any other relevant organisation.

19.3 You can terminate your Agreement with WhizzGo immediately at any time. If you terminate your Agreement with WhizzGo before the first anniversary of joining you will be liable to pay for any remaining value of your annual membership fee. You must submit written confirmation of your intention to cancel this Agreement and return your WhizzGo Smart Card. For the avoidance of doubt, termination of this Agreement will not affect WhizzGo’s right to receive any monies owed to it under this Agreement.

Back to the top

20. Amendments

20.1 WhizzGo reserves the right to amend these Terms and Conditions from time to time as it sees fit or necessary. Notice of any changes in these Terms and Conditions will be delivered to Members in writing at least 14 days before any such changes take effect.


21. Force Majeure

21.1 WhizzGo shall not be liable for either a failure to perform or delay in performing any of its obligations if and in so far as performance is delayed, hindered or prevented by force majeure, which expression shall mean any event beyond the reasonable control of WhizzGo.


Back to the top

22. Severance

22.1 If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions shall be interpreted in such a way so as to remain in effect.


Back to the top

23. Third Party Rights

23.1 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.


Back to the top

24. Governing Law

24.1 This Agreement and all matters arising from or connected with it are governed by and shall be construed in accordance with English Law.


Back to the top

25. Jurisdiction

25.1 The courts of England have exclusive jurisdiction to settle any dispute arising from or connected with this Agreement, including, but not limited to, a dispute regarding the existence, validity or termination of this Agreement or the consequences of its nullity. Members irrevocably submit to the jurisdiction of such court and agree that the courts of England are the most appropriate and convenient courts to settle any dispute and, accordingly, that they will not argue to the contrary.

Back to the top

January 1st 2009

 
WhizzGo join : book : terms and conditions : privacy : FAQs

WhizzGo