PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
IN PARTICULAR NOTE THE OBLIGATION FOR CAR SHARERS TO MAKE THEIR CAR AVAILABLE IN SUITABLE CONDITION AND WITH FUEL IN IT, AND FOR CAR DRIVERS TO RETURN THE CAR ON TIME AND NOTIFY THE SHARER IF THAT IS NOT POSSIBLE.
This website is owned and provided by Hiyacar Limited, a company registered in England and Wales with company number 08690056 whose registered address is at Bennett Brooks & Co Limited, Suite 345 50 Eastcastle Street, London, W1W 8EA (“Hiyacar” or “we”).
TERMS AND CONDITIONS
- By registering as a Member, Sharer and/or Driver you are entering into a contract with Hiyacar Limited, and agreeing to abide by these terms and conditions (the “Terms”).
- HiyaCar makes available an online platform or marketplace for Drivers and Sharers to meet online and arrange for bookings of Cars directly with each other
- HiyaCar reserves the right to modify these Terms from time to time at its sole discretion. If we modify these Terms, we will either post the modification on the site or otherwise provide you with notice of the modification. The amended terms and conditions will enter into force midnight on the day being posted on the Site and will govern the contractual relationships between HiyaCar and the Members and all Bookings entered into after that date. Any amendments that affect the terms and conditions applicable to Bookings shall only apply to Bookings entered into after the amended terms and conditions come into force.
- Any Member who does not accept any amended terms and conditions should cease to use the Site after the date on which the amended terms and conditions come into force, save to the extent necessary to complete any Booking entered into prior to that date.
How the Site and Services works
The Site and Services can be used to facilitate the listing and booking of cars for private hire ("Cars"). Such cars are included in listings on the site by Sharers. You may view listings as an unregistered visitor to the Site and Services; however, if you wish to book a Car or create a listing, you must first register as a HiyaCar Member.
As stated above, HiyaCar makes available an online platform or marketplace for Drivers and Sharers to meet online and arrange for bookings of Cars directly with each other. HiyaCar is not an owner or operator of Cars and HiyaCar does not own, sell, hire manage and/or control Cars or other types of vehicles or offer transport or travel services. Unless explicitly specified otherwise in the HiyaCar platform, HiyaCar's responsibilities are limited to: (i) facilitating the availability of the Site and Services: (ii) serving as the limited payment collection agent of each Sharer for the purpose of accepting payments from Drivers on behalf of the Sharer and (iii) providing insurance cover for cars when being hired out via the platform.
PLEASE NOTE THAT THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE SHARERS AND DRIVERS CONNECTING AND BOOKING CAR DIRECTLY WITH EACH OTHER. HIYACAR CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY FOR USE OF ANY CAR. HIYACAR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND CARS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
a) The definitions and rules of interpretation in this clause 2 apply to these terms and conditions:
- “Acceptable Car Use” means the following activities are not carried out; Carriage of passengers for hire and reward; or Carriage of good 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 Car that is made between a Driver and the relevant Sharer in accordance with the terms and conditions of these terms and conditions. The Booking details shall specify the relevant Hire Period and the applicable Hire Fee;
- "Car Exclusion Circumstances" means, in relation to a Booking, circumstances giving the Driver reasonable justification to believe that: (a) the Car does not meet the conditions specified in the definition of "Car" set out in clause 2.1.2 above; (b) the Sharer is unwilling to record, in the HiyaCar Agreement, damage identified by the Driver; or (c) the Car's fuel tank is empty or contains negligible fuel;
- "Driver" means any Member who has successfully completed the Driver's Registration Form on the Site;
- "Commission" means, in relation to each Booking, a sum equivalent to 30% plus VAT;
- "Driver Exclusion Circumstances" means, in relation to a Booking, circumstances giving the Sharer reasonable justification to believe that the Driver: (a) is unfit to drive; (b) is an Excluded Person; (c) does not have his driving licence with him; (d) intends to use the Car other than in accordance with these terms and conditions;
- "Excluded Person" means, on a given date, any person who, on that date: (a) is aged under 23; (b) has not held a full UK driver's licence for at least 24 months; (c) is not a UK resident; (d) is a professional sportsperson, a professional entertainer, a Musician, a student under 25, unemployed, a taxi driver, a courier or on course betting; (e) has been disqualified from driving; (f) is under 25 and resides in an Excluded Postcode; (g) is not identified as the relevant Driver in the Booking;
- "Excluded Postcode" for drivers under 25 means: E1 to E3, E14, SE1, SE16, N16, W1 to W2, IG (all), UB (all), RM (all) or CR (all);
- "Booking Fee" means the booking handling fee of £3 plus VAT payable by the relevant Driver to HiyaCar in relation to each Booking;
- "Hire Fee" means, in relation to a Booking, the hire fee payable by the relevant Driver to the relevant Sharer;
- "Hire Period" means, in relation to a Booking, the period of hire (and any extension thereto) agreed between the relevant Sharer and the relevant Driver, including time spent inspecting the Car;
- "Insurance Fee" means, in relation to a Booking, the sum payable by the relevant Driver for the Insurance Policy;
- "Insurance Policy" means the motor insurance policy provided by AXA and arranged by HiyaCar, the terms and conditions of which are incorporated into these terms and conditions by reference. A copy of the Insurance Policy is set out HERE;
- "Member" means any person registered on the Site and who has completed all of the mandatory fields in the Site registration;
- "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;
- “Roadworthy" has the meaning given to it in clause  below.
- “Services” the listing and booking services provided by HiyaCar through the Site.
- "Sharer" means any Member who has completed all of the mandatory fields in the Sharer's Registration Form on the Site;
- "Site" means the website at www.HiyaCar.co.uk as amended and updated from time to time;
b) Where we use the expression "including" this is to be construed as being immediately followed by the expression "without limitation".
- It is a condition of registration as a Member that details are provided of a bank account and a credit or debit card capable of making and accepting electronic payments. HiyaCar reserves the right to suspend the account of any Sharer if any transaction effected by HiyaCar in relation to a Members' registered credit or debit card is declined.
- Each Sharer and Driver agrees to pay each of the amounts specified in the Cancellation and Compensation Policy (the contents of which are incorporated into these terms and conditions by reference) in the event that the corresponding circumstances set out therein apply.
- Any Member may register as a Sharer. Once registered, a Sharer may, using the car registration tools made available on the Site, register one or more suitable cars as being a Car available for hire by Drivers. The Sharer shall, for each Car that is registered, specify the daily Hire Fee payable in respect of Bookings for that Car.
- In relation to each car that is registered as a Car by a Sharer, the Sharer represents that the Car is owned by the Member who has completed registration as a Sharer; and The use of the Car by Drivers will not breach any agreement with third parties; and during each Booking, will comply with the Minimum Specification.
- HiyaCar may, during the registration process, conduct searches of third party vehicle and credit databases in order to corroborate information submitted by Sharers. HiyaCar reserves the right to reject any attempt to register a car in the event that HiyaCar reasonably believes that such car does not comply with the conditions specified in the definition of "Car" set out in clause 2 above. The Sharer undertakes immediately to de-register any car that ceases to comply with the conditions specified in the definition of "Car" set out in clause 2 above.
- The Sharer undertakes to notify HiyaCar, and any Driver who has made a Booking in respect of any car that has been de-registered, that the car is no longer available to fulfil Bookings. Any Booking made in respect of any car that has not been successfully registered, or has been de-registered, shall be deemed to have been cancelled by the Sharer.
- If the Sharer smokes in their car, it is their responsibility to include this information in the listing.
- Any Member who is not an Excluded Person may register as a Driver. Only registered Drivers may make a Booking and only the Driver making the Booking may drive the relevant Car.
- The Driver warrants to HiyaCar, and to each Sharer 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 Hire Period, an Excluded Person.
- HiyaCar reserves the right to reject any attempt by any person to register as a Driver, and/or to de-register any person who has previously been successfully registered as a Driver, in the event that HiyaCar has reason to believe that such person is or may be an Excluded Person. Any Driver who becomes an Excluded Person undertakes immediately to de-register themselves as a Driver.
- Any person who has been de-registered as a Driver undertakes to notify HiyaCar, and any Sharer 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 Driver, or has been de-registered, shall be deemed to have been cancelled by the Driver.
CONDITION OF CARS
It is the responsibility of a Sharer to ensure that, when they hand over their Car to a Driver, that it is safe to drive. This means, as a minimum that it is roadworthy.
"Roadworthy" means that the car 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 car is started;
(b) the car exhibits no evidence of leakage of fuel, lubricants or brake fluid;
(c) the car's windscreens and windows are not excessively tinted and are free from cracks that may obscure the driver's field of view;
(d) all of the car's external lights are fully operational, their lenses are undamaged and the headlights are properly adjusted to avoid dazzling oncoming vehicles;
(e) the car'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 car's manual, jack, wrench, locking wheel-nut key and spare wheel are present in their correct storage compartments; and
(g) the car is clean and tidy inside and out;
Hiyacar does not endorse any Member or any Car. By using the 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 HiyaCar. We encourage you to communicate directly with other Members on the Site regarding any Bookings made by you.
MAKING AND CANCELLING A BOOKING
- All Bookings shall be made using the car booking tools made available on the Site. Requests for Bookings may be submitted by Drivers for Hire Periods commencing up to 30 days from the date of the request. Requests shall remain open for acceptance by a Sharer for a maximum of 24 hours whereupon they will automatically expire if not accepted. Drivers may cancel any request for a Booking at any time before that request has been accepted.
- No Sharer is obliged to accept any request for a Booking submitted by a Driver. In the event that a request for a Booking is accepted by a Sharer, a legally binding contract for the Booking, incorporating these terms and conditions, shall come into force automatically.
- A Driver seeking a Booking for a specific Hire Period may submit multiple requests for a Booking in respect of that proposed Hire Period to multiple Sharers. In the event that a Sharer accepts such a request, a binding contract for the Booking shall come into force and the remaining requests shall be cancelled automatically without liability.
- The Hire Period may be extended by mutual agreement between the Driver and the Sharer using the car booking tools made available on the Site.
- If, in relation to any Booking, any driver Exclusion Circumstances arise then the Booking shall be deemed cancelled and the Sharer shall not permit the Driver to take control of the Car. The Sharer shall not incur any penalties in relation to any such deemed cancellation and shall not be required to refund the Hire Fee.
- If, in relation to any Booking, any Car Exclusion Circumstances arise then the Booking shall be deemed cancelled and the Driver shall not take control of the Car. In the event of any such deemed cancellation the Hire Fee shall be refunded.
- Save for the deemed cancellations referred to in clauses 5.5 and 5.6 above, Bookings may only be cancelled using the car booking cancellation tools made available on the Site. Such cancellations shall have the consequences set out in the Cancellation and Compensation Policy.
COLLECTING, USING AND RETURNING THE CAR (Non QuickStart)
- The Driver and Sharer shall meet at the time and place agreed at the time of making the Booking and the Driver shall confirm the Booking reference and make their driving licence available for inspection by the Sharer.
- The Driver shall be responsible for ensuring that: (a) any previously unrecorded damage identified and recorded in the HiyaCar mobile App; and (b) no driver Exclusion Circumstances exist.
- The Driver shall be responsible for inspecting the Car to ensure that no Car Exclusion Circumstances exist.
- Personal property of the Sharer left in the Car at the commencement of the Hire Period is left solely at the Sharer's risk.
- The Driver shall, at all times during the Hire Period, use the Car in accordance with the Acceptable Car Use Policy.
- Drivers shall update the HiyaCar mobile App if, before the Hire Period, the Driver discovers any damage not presented in the pick up process of the mobile app.
- The Driver shall return the Car at the scheduled end of the Hire Period to the location agreed at the time of the Booking. The Sharer shall not be obliged to accept the return of the Car before the scheduled end of the Hire Period and no part of the Hire Fee shall be refunded in the event that the Sharer agrees to accept the early return of the Car. The Driver shall remain responsible for the Car until it has been returned to the possession of the Sharer. If the Car is returned late, the consequences set out in the Cancellation and Compensation Policy shall apply.
- Promptly following the return of the Car, the Driver shall record the Car's fuel level and inspect it for any new damage, taking pictures via the mobile App. Drivers are responsible for refueling any fuel used during the hire, using the appropriate fuel (i.e. regular, premium or diesel.) If the car is returned with less fuel that stated in the agreement, a Refuelling Charge will apply. This charge being the cost of refuelling the Car back to its previous level, plus an Sharer Administration Charge, if the Car is returned with any less fuel than the Sharer supplied;
- Personal property of the Driver left in the Car at the end of the Hire Period is left solely at the Driver's risk.
- If a Driver fails to return a Car by the end of the Hire Period the Driver will be liable in accordance with the Cancellation and Compensation Policy.
- The Driver shall be exclusively responsible for the Car, and all financial and other consequences of their use of it (including road tolls, congestion charges, traffic offence penalties, parking offence penalties, clamping fees, breakdown charges and recovery fees and all sums payable under the Cancellation and Compensation Policy), from the commencement of the Hire Period until the later of the end of: (a) the Hire Period; and (b) the time the Driver returns the Car to the Sharer.
- In the event that a Sharer receives a notice of a speeding offence committed during the Hire Period they shall be obliged to pass on the Driver's details to the police.
- If a Driver fills the car up with the in-correct petrol, they are responsible to pay for the car to be drained and refilled with the correct petrol.
- Sharers can set their own daily mileage limits and the driver is responsible to pay an excess mileage fee for each mile driven over the stated included mileage. The excess mileage fee shall be calculated by multiplying the cost per mile set out in the Additional Charges Policy times the excess mileage above the limit stipulated by the Owner at the Booking. To claim an excess mileage fee, Sharers should email email@example.com within 24 hours with a photo or scan of the HiyaCar agreement
- Drivers are responsible for returning the car in the same condition that they received it in. This includes the cleanliness of the interior and exterior of the vehicle. If the sharer reports that the car has not been returned in the same condition then the hirer may be liable to pay for cleaning costs as per the Additional Charges Policy.
- Pets are not allowed in cars without the sharers explicit consent. If an Sharer reports that a driver has transported a pet without their authorisation, the driver will be subject to the cleaning fee and Sharer Administration Charge.
- Drivers or their passengers are not permitted to smoke in any car. If smoke is reported by the sharer with 24 hours after a booking has ended, the driver will be fined with the cleaning fee and Sharer Administration Charge. If there is a smoke smell at the beginning of the booking please report it via email to firstname.lastname@example.org so you are not held responsible for the violation
- Drivers are liable for a key replacement charge in the event the original keys are lost or stolen. Drivers should contact our helpdesk to request this. In case the keys are locked inside the car, drivers are liable for a locksmith charge.
DAMAGE TO A CAR
- Drivers are responsible for leaving the Car in the condition it was in when they collected it. Drivers agree that they are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals who they allow to access the Car.
- The Driver shall be liable for any new damage to the Car in accordance with the terms of the Cancellation and Compensation Policy. The Sharer shall promptly record any such new damage in the HiyaCar Drop Off form and report the same to HiyaCar.
- Where the cost of repairs for any new damage reported to HiyaCar are less than the excess on the Insurance Policy, then this total cost will be paid and not the higher excess amount.
- Where the cost of repairs for any new damage reported to HiyaCar will be more than the excess on the Insurance Policy, such cost will be covered by the Insurance Policy subject to the terms and conditions of the Insurance Policy and the Sharer's compliance with the terms of the Insurance Policy and their cooperation with AXA. The Driver shall be liable for the cost of repairs for any new damage that is not covered by the Insurance Policy.
- For any damage that occurs during a hire that can not be determined if it was the owners or hirers liability (tyre puncture for example), then the triangle of trust will be adopted. This is where the car owner, car hirer and HiyaCar will pay 33.33% each up-to the maximum of £500 in total to cover the damage costs, anything above this amount will be reviewed on a case by case basis.
HIYACAR'S RIGHTS AND OBLIGATIONS
- HiyaCar shall be entitled to enforce these terms and conditions against any Sharer or Driver generally and specifically in the context of any Booking to which they are party.
- HiyaCar gives no warranties or representations about the accuracy of the information on the Site or the Site availability.
- HiyaCar is entitled, where required by law or judicial or regulatory authorities, to provide personal data relating to any Member to any credit reference agencies, HM Revenue & Customs, the police, debt collection agents or any other relevant organisation.
- The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy or completeness.
LIMITATION OF LIABILITY OF HIYACAR
a) HiyaCar 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 Car Exclusion Circumstances or driver Exclusion Circumstances or any other cause specified in these terms and conditions;
- for any loss or damage to, or theft of, any Car or any other property belonging to any Member;
- for any sums payable by the Driver for any fuel or incidental expenses;
- for any loss or damage caused by circumstances beyond HiyaCar's reasonable control.
b) HiyaCar'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 Hire Fee payable in respect of that Booking made by such Member; plus (b) any compensation payable in respect of that Booking under the Cancellation and Compensation Policy; plus (c) any sum that would have been payable in respect of that Booking under the Insurance Policy but for HiyaCar's default; and
c) Nothing in these terms and conditions will operate to exclude or restrict HiyaCar's liability for death or personal injury resulting from negligence or for fraud.
PRICING AND PAYMENTS
- HiyaCar's obligation to pay any sum payable by a Driver to a Sharer or vice versa is conditional on HiyaCar receiving such sum from the relevant payor
- Drivers agree that, in respect of each Booking, HiyaCar may, at any time following the acceptance of the request for the Booking by the Sharer, charge the Hire Fee, the Handling Fee, the Insurance Fee, any applicable VAT or other tax and any additional payments that are payable in connection with that Booking (including any excess payable under the Insurance Policy, 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 Driver's registered debit or credit card.
- Hire Fees received by HiyaCar from Drivers shall be paid to the relevant Sharer, less the Commission. Payments shall be made no later than the Monday of the following week.
- The minimum a Sharer can set their car Hire Fee is £5.00 an hour or £20 a day.
- Payment processing services for HiyaCar are provided by Stripe and 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 HiyaCar, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of HiyaCar enabling payment processing services through Stripe, you agree to provide HiyaCar accurate and complete information about you and you authorize HiyaCar to share it and transaction information related to your use of the payment processing services provided by Stripe.
MEMBERS' GENERAL RESPONSIBILITIES AND INDEMNITY
- Members are responsible for their own personal tax affairs arising from their participation in any Booking including income tax and VAT.
- Each Member agrees to indemnify and hold harmless HiyaCar, 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.
- Car hire through HiyaCar Limited comes with insurance included for your peace of mind. If you are the car owner, your usual motor insurance won’t apply during a hire, so we have arranged for comprehensive insurance from Axa Insurance UK PLC to cover your car whilst it is hired out to another HiyaCar member. If you are the hirer, you will be covered for the duration of the hire.
- The Insurance Policy covers each Car during the Hire Period of each Booking. However, Drivers are liable for the excess under the Insurance Policy. Standard policy excess is £500 Accidental Damage, Fire, Theft and Windscreen.
- The Insurance Policy covers Comprehensive insurance within Great Britain, Northern Ireland, the Isle of Man and the Channel Isles; Any member country of the European Union; Iceland, Norway, Switzerland, Monaco, Lichtenstein and San Marino.
- Policy Limits are Unlimited Third party bodily injury; 20,000,000 any one occurrence for Third party property damage in respect of Private Cars and £5,000,000 any one occurrence for Third party property damage in respect of all other vehicles
- The Insurance Policy does 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
- By participating in any Booking, each Member is deemed to have read and accepted the terms and conditions of the Insurance Policy and to have satisfied themselves that it is adequate and compatible with their own personal insurance cover.
- Members agree to cooperate fully with the providers of the Insurance Policy if requested. If a Sharer intends to make any claim against the Insurance Policy in respect of damage to their Car they shall refrain from carrying out, or permitting any third party to carry out, any repairs without HiyaCar's prior written permission.
- Insurance cover includes (a) Social domestic pleasure and business purposes by any person to whom the vehicle is let on hire by the Policyholder; (b) the Policyholder's business as Self Drive Hire Vehicle Operator; (c) Social domestic and pleasure purposes by any person not being a hirer driving with the Policyholder's permission
- The insurance policy excluded certain uses of the car 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
NOTE THAT THE INSURANCE POLICY TERMINATES AUTOMATICALLY AT THE END OF THE AGREED HIRE PERIOD. AFTER THAT TIME, THE CAR WILL NO LONGER BE INSURED UNDER THE INSURANCE POLICY. THE DRIVER SHALL BE LIABLE FOR ALL DAMAGE CAUSED TO THE CAR AND ANY OTHER CARS OR PROPERTY, OR INJURY TO PERSONS, WHILE THE CAR IS UNINSURED AND FOR ANY APPLICABLE CRIMINAL PENALTIES.
ACCIDENT THEFT OR BREAKDOWN
a) If a Driver is involved in any accident they shall refrain from admitting any liability and shall, without delay:
- call the police;
- exchange contact details with every individual involved in the accident; and
- notify HiyaCar by calling the claims helpline on 020 3856 8900 .
b) If a Car breaks down or is stolen during a Booking, the Driver shall notify HiyaCar without delay and, if appropriate, call the police. HiyaCar have arranged 24-hour breakdown with the AA which includes Roadside Assistance and home start (as the home of the driver)
TERMINATION OF MEMBERSHIP
- 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.
- HiyaCar shall be entitled 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 of HiyaCar.
ENTIRE AGREEMENT AND MISCELLANEOUS PROVISIONS
- These terms and conditions, and the pages on the Site to which these terms and conditions refer, constitute the entire agreement between HiyaCar and the Members. These terms and conditions, together with the details of each Booking, constitute the entire agreement between HiyaCar and the Members and between the Members in relation to that Booking.
- If any provision (or part of any provision) of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions will continue in force without being impaired or invalidated in anyway.
- No delay by any party in enforcing their rights shall prejudice or restrict those rights. No party shall be deemed to have waived their rights under these terms and conditions because of their failure or delay in exercising that right.
- No Member may assign, transfer and/or subcontract all or any of any their rights and/or obligations under these terms and conditions or in relation to any Booking and any attempt on any Member's part to do so is void.
RIGHTS OF THIRD PARTIES
- 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.
JURISDICTION AND GOVERNING LAW
- These terms and conditions and each Booking shall be governed by and interpreted in accordance with the laws of England. The courts of England shall have exclusive jurisdiction in respect of any claim or dispute which may arise in connection with these terms and conditions or any Booking or in connection with and/or arising from any use of the Site.
- If any Member has any concerns about any material whatsoever which appears on the Site, they may contact support@HiyaCar.co.uk
- 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: support@HiyaCar.co.uk
- Each HiyaCar Member agrees to comply with all reasonable requests from HiyaCar, the police, or any statutory or regulatory authorities in identifying any unauthorised users of the Site.
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.
- Never publicly share, post online or misuse other member’s contact information.
- HiyaCar endeavours to only allow safe Drivers and cars to use the service. To minimise the risk of damage, only safe (vetted/approved with a safe record) Drivers can become Drivers. HiyaCar will use reasonable efforts to undertake online verification of all participating vehicles and Drivers, using a number of third party databases including the DVLA to ensure Drivers meet our Driver Eligibility Criteria and vehicles are not stolen or tainted with illegality or fraud.
- HiyaCar does not undertake any safety checks of the private vehicles offered for hire by HiyaCar Car sharers on the website. It is the responsibility of the HiyaCar Car sharer to ensure compliance with the Vehicle Eligibility Requirements and for the Driver to be satisfied this responsibility has been discharged.
- Our insurance policy does cover lease / HP cars but it is the responsibility of the Car Sharer to check with their finance provider before listing their car.
- HiyaCar will provide car insurance through Axa Insurance PLC, as set out in more detail in 14 b above. Claims handling is managed by Axa Insurance at their absolute discretion, without the involvement of HiyaCar.
- HiyaCar will not be responsible for incidents caused by rentals. HiyaCar Car sharers and Drivers are fully responsible for their own conduct - we will do our best to police and remove offending parties from future participation.
- HiyaCar 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 in line with our Conduct Policies at our absolute discretion. HiyaCar 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.
Cancellation and Compensation Policy
If a member creates or accepts a booking on HiyaCar, they commit to honouring it. The cancellation fines below are designed to minimise inconvenience caused to the disappointed party and are automatic.
However, we encourage Sharers and drivers to resolve cancellation disagreements between themselves.. In these cases, both parties must inform HiyaCar via email or phone so that the cancellation fine may be waived or refunded.
Sharer cancellation fees
If a sharer cancels a booking more than 48 hours before pick-up, they will be charged a cancellation fee of £25. If the booking is cancelled less than 48 hours before pick-up, they will be charged a cancellation fee equal to the total cost of the booking paid by the driver (with a maximum fine of £50). HiyaCar will retain £25 of each sharer cancellation fine to cover administrative costs, and the remainder of the fee is issued to the driver as voucher-based compensation.
Driver cancellation fees
If a driver cancels a booking more than 24 hours before pick-up, they will receive a refund for their booking less a £25 fine. If the cost of the booking is less than £25, no refund will be paid. If a driver cancels a booking less than 24 hours before pick-up, they will not receive a refund and the sharer is entitled to their full revenue for the booking.
On occasion, it may be necessary for HiyaCar to carry out a booking cancellation. These cancellations and any associated fines or compensation are assessed on a case by case basis.
Sharer/Driver Lateness Policy
We encourage drivers and sharers to get in touch with each other directly to ensure a smooth rental process, especially at the beginning or end of a booking. However, in the absence of communication from the late party and/or consent, the waiting Member is entitled to enforce the points of this lateness policy. If a driver is more than 15 minutes late to return the car and keys, the sharer must extend the booking (at the driver’s expense) until the vehicle is returned to the sharer. The sharer is entitled to booking revenue (if any) resulting from the extension. Additionally, if reasonable attempts have not been made to inform both the sharer and HiyaCar of the late return, the driver will be charged a £25 administration fee + £25 per hour late fee and may be banned from the service. The amount payable to the Owner is at the discretion of HiyaCar and reviewed per event.
Beginning of booking
If a driver is more than 15 minutes late to pick up the vehicle or has not brought their driving licence, the sharer is not obligated to hand over the car to the driver, and the driver is not entitled to a refund.
If a sharer is more than 15 minutes late to hand over the car and keys, the driver is allowed to cancel the booking, receive a full refund, and the sharer will be charged a £25 administration fee.
End of booking
If a driver is more than 15 minutes late to return the car and keys, the sharer must extend the booking (at the driver’s expense) until the vehicle is returned to the sharer. The sharer is entitled to booking revenue (if any) resulting from the extension. Additionally, the driver will be charged a £25 administration fee for the unauthorized late return of the vehicle. If reasonable attempts have not been made to inform both the sharer and HiyaCar of the late return, the driver may be banned from the service.
If a sharer is more than 15 minutes late to receive the car and keys, the driver may park the vehicle in the closest available legal parking space to the pick-up point and retain the keys for safe pick up by the sharer. The driver must inform HiyaCar in detail of the car’s location and also endeavour to inform the sharer of the car’s location. The sharer will be charged a cancellation fee of £25 for the inconvenience caused to the driver, and it is the sharer’s responsibility to recover the keys from the driver.
Vehicle Suitability Policy
As per our eligibility criteria, all cars on the service must be safe to drive, in good condition, clean and tidy. They must not suffer from obvious faults such as tyre treads below the legal limit, clutch problems or dysfunctional windscreen wipers. If a car cannot be accepted by a driver at the beginning of a booking, or the vehicle breaks down during a booking due to unsuitability, the sharer may be charged a cancellation fee of when substantiating evidence of car unsuitability is provided. These fines will correspond appropriately with any expenses incurred, with a minimum fine of £50.
Before a booking
If an sharer becomes aware of vehicle faults prior to a booking, they must notify the driver and HiyaCar immediately and cancel the booking or have the fault fixed prior to the start of the booking.
Beginning of a booking
If on collection of the car, the driver determines that the sharer’s car is not reasonably suitable for use, then the driver is allowed to cancel the booking to receive a full refund. The sharer will be charged a cancellation fee of if substantiating evidence of car unsuitability is provided. These fines will correspond appropriately with any expenses incurred, with a minimum fine of £50.
Breakdown during a booking
If a car breaks down during a booking and is determined to be not drivable by our breakdown partners, the driver will receive a full refund for their booking. If the breakdown occurs four hours or less before the end of a booking, the breakdown team will take the driver to the sharer’s home at the pick-up point along with the vehicle. If the breakdown occurs more than four hours before the end of a booking, the driver may return with the vehicle to the sharer’s home at the pick-up point or should arrange alternative transportation for the remainder of their journey. If the driver chooses to find transportation and continue with their journey, the driver should provide us with the resulting travel receipts within 14 days of the booking end. Following receipt of this information, we will provide the driver with a courtesy amount of £100 (or, if less than £100, the total travel cost) towards their travel. The sharer will be charged a cancellation fee of if substantiating evidence of car unsuitability is provided. These fines will correspond appropriately with any expenses incurred, with a minimum fine of £100.
Traffic Fine Policy
The driver is responsible for all traffic fines (such as parking fines, congestion charges, toll charges or moving violations) incurred during their booking. Sharers and drivers should work together to resolve these fines quickly.
If a sharer receives notification of a traffic fine or similar offence incurred during a HiyaCar booking, they should first contact the driver via their HiyaCar profile or by the telephone number provided at the time of booking to make them aware of the fine and give them the chance to pay it directly or transfer it into their name. The sharer should provide the driver with the details of the charge and instructions for payment.
If a traffic fine is obtained during the hire then the Hiyacar Driver is liable for a £10 fine (per PCN) that will be transferred to the Owner for their time taken to resolve the issue.
If the driver fails to pay or transfer the fine within 7 days of notification from the sharer, then the sharer may email HiyaCar a copy of the violation notification and any further details. HiyaCar will then help resolve this fine with the driver. In this event, driver will be liable for a £50 administration fee on top of the cost of the fine.
Appeals and Arbitration Process
In the event that a Sharer or Driver is deemed liable for a fine imposed by a third party such as the Police or a local authority, they will be informed by email and their card debited. This sum is automatically debited from their card but can be challenged by return email or phone. HiyaCar reserves the right to request further documentation. HiyaCar will consider the Member's appeal and any relevant information provided, but has sole discretion in accepting or refusing the Member's challenge.