Hiyacar Terms & Conditions – March 2021
Thank you for being a member of hiyacar. Our purpose is to connect drivers to a car when and where they want one. To do that, we need quality car owners and quality drivers, and a set of clear agreements. We have put together these terms and conditions to clarify our commitments to each other.
When we say “Company”, “hiyacar”, “we”, “our”, or “us” in this document, we are referring to hiyacar ltd.
“Services” means any product or service provided by hiyacar. That includes hiyacar (all versions) and any white-label version created for businesses, whether delivered within a web browser, mobile application, or another format.
“Member”, “You” or “your”, means our members (individuals or organisations) that have signed up to a hiyacar account either as a driver, and car owner or a business to use our Services.
‘Driver’ or ‘drivers’ means members who are hiring cars.
“Owner’ or ‘owners’ means members who have listed, or want to list their car for others to hire.
We may update these Terms and Conditions from time to time and will announce any major changes on our blog and by email. All new terms will be enforced from midnight on the day that the update took place. When you use our Services, now or in the future, you are agreeing to the latest Terms and Conditions.
We provide services that enable drivers to find car owners who are willing to let them use their car for an agreed period of time. Our services include:
- providing an online platform that enables interested drivers to connect with willing owners;
- ensuring that insurance coverage is in place for any driver, subject to them complying with these terms;
- monitoring bookings made through the platform; and
- fee collecting on behalf of owners.
Only verified drivers and owners registered with us can use the Services.
LIMITS TO OUR LIABILITY
We promise to do our best to provide a reliable and efficient platform to connect up drivers and owners. We carefully manage the business, invest in security, verification, infrastructure, and talent, and in general we really care about our members and our Services. But we cannot control or accept responsibility for the behaviour of our members, or all the various things that can go wrong when a car is hired.
Therefore we will not be liable to you (whether in contract, tort or otherwise) for:
- any booking that has not been accepted;
- any loss, damage, expenses or liability suffered by anyone other than you in connection with your use of the Services;
- any non-verified driver using the Services;
- any theft or loss of property in connection with the Services or any booking accepted by Hiyacar;
- any loss of profits, revenue, business or employment (whether reasonably foreseeable or not) as a result of our negligence or breach of these Terms and Conditions; or
- any other loss, damage, expenses or liability that you suffer in connection with the Services, save to the extent that we fail to perform our obligations to you to the standard of a diligent and professional provider.
If we are liable to you, our liability will be limited to £250 in total.
Nothing in these terms will limit or exclude our liability for personal injury or death caused directly by our negligence.
- We will verify drivers using our automated and manual verification partners and checks. We run these checks to make sure we have quality drivers and also for our insurance providers to be able to provide cover. Our verification includes address, credit, licence and personal insurance claim checks. If you fail our verification then we will endeavour to be transparent and explain why. Though we know we may not verify some legitimate potential drivers, safety comes first and the decision will not be reversed.
- You agree to keep us informed promptly of all changes in your personal information, including address, phone number, driving convictions and claims.
- Our full Driver criteria can be found here.
- You shall not permit a non-verified driver to make a booking, pick up a car or drive a car from the Service. If we discover that a non-verified driver has tried to book, pick up or drive a car, we will terminate the booking with immediate effect, terminating any active insurance policies, with no refunds.
- We rely on you as owners to provide a good quality service to our drivers. Cars must be registered in your name, as account holder, and must meet our Car Criteria which is subject to change depending on insurance restrictions. We will announce any change in Car Criteria that impacts any existing owner promptly, giving as much notice as we can.
- We reserve the right to not publish your car or to remove it from the Service with immediate effect if we reasonably believe that the car does not belong to you, does not comply with our Car Criteria, or you have broken any other terms.
- You will be paid in line with the fee and commission structure that was confirmed at the time your car was published onto the Service. This is subject to change as mentioned in Modifications to the Service and Prices section.
- Bookings must go through the Service to be eligible for payment purposes, insurance cover and breakdown protection.
- You agree to keep us informed promptly of all changes in your personal information.
- You must promptly unpublish from the Service any cars that are no longer in your possession or unroadworthy. If you have upcoming bookings then they will be cancelled subject to our Cancellation Policy.
- We shall pay the Owner the car rental fee received from a Driver in relation to a booking of a car, less our commission. Payments are made automatically from our payment gateway Stripe. You must provide us with copies of your ID (licence or passport) so that we can provide them to Stripe to enable such automatic payments.
- Payments are processed 24 hours after the booking is completed. Payments are subject to bank processing times and in some circumstances may take up to 5 working days to show in your account.
- 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, which 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 authorise hiyacar to share with Stripe personal information about you and information related to your use of the payment processing services provided by Stripe.
- The Company reserves the right to take ownership of unclaimed payouts 12 months after they are due.
- Your car may be eligible for QuickStart technology subject to the QuickStart Terms and Conditions.
- It is the Owner’s responsibility to ensure the car is always roadworthy whilst it is published and available on the Service. Roadworthy means that:
- The car has valid road tax and MOT,
- The car is validly insured by the Owner at all times;
- There are no warning lights lit after the car has started;
- There are no leakages of any kind;
- The windscreen and windows are not excessively tinted and don’t have any cracks/chips;
- All external lights are operational and undamaged,
- The tyres (including the spare wheel) have a tread depth of at least 2mm across the central three-quarters of the breadth of the tread and around the entire circumference,
- The car’s manual, jack, wrench, locking-wheel-nut and spare wheel are present and in the correct storage compartments and
- The car is clean and tidy inside and out
- If a car is not roadworthy as defined above then:
- any insurance or breakdown cover provided by us will be considered void;
- the driver will be refunded in full;
- the Owner will not be eligible for any payment; and
- we may recover from the Owner any resultant losses or costs incurred by us or a driver.
- The owner has sole responsibility for wear and tear and maintenance to the car including, but not limited to, car battery replacements, tyre replacements, chips and scratches and any mechanical or electrical faults.
- Hiyacar has no liability for the roadworthiness, upkeep or maintenance of any car on the service.
- Only cars that are under 15 years old, insurance group 30 or less and valued at less than £40,000 can be listed unless specifically authorised by us.
- All bookings must be made using the Services booking tools on our website or mobile apps.
- Bookings can be made for up to 45 days in advance, and each booking request will stay open for at least 24 hours before it will expire, if it is not accepted by a car Owner. Expired booking requests will automatically release the payment pre-authorisation (this may take a few working days to be made available by your bank).
- Booking periods can be a minimum of 1 hour up to a maximum of 10 days.
- Drivers and Owners can cancel a booking at any time with payment / refunds subject to the Cancellation Policy.
- Owners can reject booking requests but we will ask for reasons, as rejecting bookings is going against our purpose of connecting drivers with cars. If the issue is scheduling then we can explain how our calendar works for example.
- When a booking is requested we will pre-authorise the full amount to make sure that your account has the sufficient funds to cover the cost of the booking for when it gets accepted.
- Drivers can request multiple cars for the same booking duration and we will only pre-authorise the amount equal to the most expensive booking. When the first booking is accepted the other booking requests will automatically be cancelled.
- If your booking requests are not accepted within an hour, we will notify Owners who match your booking criteria (location, cost, type of car) and they may decide to offer you an opportunity to book their car instead if it is available. You are not obliged to accept this offer if you do not want to.
- The booking period may be extended before a booking by contacting the Service or during the booking period via the mobile app. Extensions need to be confirmed by the Owner and the car needs to be available, so please give plenty of notice in case the car needs to be returned at the original time.
- It is at the Owner's sole discretion if they accept or decline any extensions, we, nor the Owner of the vehicle are under any obligation to guarantee that the extension can or will be accepted.
- We reserve the right to charge you for additional hours and additional insurance if you are late in returning the car to the designated drop off location.
- If we become aware a Driver has breached our Driver Criteria or our Terms and Conditions prior to the booking period then we will notify the Owner, cancel the booking and instruct the Owner not to give control of the car to the Driver. In such a case, the Owner will not be paid as we would have refunded the cost of the booking as no service was provided, even though this was no fault of hiyacar or the Owner.
- If a Driver breaches our Driver Criteria or Terms and Conditions during the booking period then the booking will be terminated with immediate effect along with the insurance policy. The Driver will not be permitted to drive the car and may be liable for the cost of recovery. The Owner will be paid in full and the Driver will not be eligible for a refund.
- If we are made aware of any circumstance that deems the car not roadworthy prior to the start of, or during, the booking period then the booking will be cancelled, the Driver refunded and the Owner will not be paid.
- Bookings can only be cancelled using the hiyacar website, mobile apps or by contacting us directly. Our Cancelation Policy outlines all outcomes and scenarios.
Driving and returning cars
- Only the named verified account holder can pick up and drive a car from our Service. If a non-verified Driver is detected we will cancel the booking and your insurance policy will be terminated. No refunds will be issued in these circumstances. The named account holder will be liable for any costs associated with recovering the car, damage, any third party damages to vehicles or property, any injuries sustained by other parties and any other fines or costs associated with the booking. Driving a car without valid insurance is a criminal offence!
- Drivers are responsible for picking up and returning cars on time. There is no grace period with your insurance policy so if you are going to be late then you must extend as soon as you can.
- Drivers are responsible for inspecting the car and for completing the pick-up process at the start of the booking and the drop off process at the end of the booking in the mobile app. Make sure you clearly document any existing damage during the pick-up process since you can be held liable for damage noted at drop-off that was not noted at pick-up.
- Cars need to be driven with care and returned in the condition that they were received. This includes the cleanliness, the fuel level and the general car condition. As we do not take deposits, we reserve the right to charge for missing fuel, costs associated with miss-fuelling, cleaning, additional mileage, late fees, insurance excess and Penalty Charge Notices (including the Congestion Charge if cars are set up on autopay) anytime after a booking has ended. We will always notify you of any charge we make and the reason why and will send any accompanying documents if needed.
- Any fuel left in the car over and above the level at pickup will not be refunded.
- Drivers must use the car in accordance with the Insurance Policy Schedule and Certificate which the Driver will have access to once the booking has been confirmed.
- Both Owners and Drivers will receive a digitally time stamped copy of the ‘hiya agreement’ (rental agreement) once the pick up process has been completed.
- Drivers can return cars early but no refund will be given for unused hours as the Owner was not able to hire their car to other Members.
- Owners should remove any personal property from the car before the car is given to a Driver, and Drivers should remove their personal property before the drop off process is completed. Hiyacar accepts no liability for any personal property left in a car.
- All our cars are non-smoking unless explicit permission has been given in writing by the Owner.
- Pets are not permitted in the cars unless stated in the car listing or with the Owners explicit consent.
- Drivers are liable for the cost of replacement keys if keys are lost or stolen during the booking period or whilst the car is in their possession.
- It is the Driver’s responsibility to delete any personal information entered into the car’s Sat Nav or infotainment system.
- Cars must be parked legally and safely at all times, including when you drop off the vehicle. Any Penalty Charge Notices which occur as a result of a Driver's actions will be charged to the Driver and if payment cannot be taken, liability will be transferred. Drivers will also be liable for any impound costs if incurred.
- Speeding tickets, driving offences or any criminal charges obtained during a booking will have liability transferred to the named Driver.
Modifications to the Service and Prices
- We reserve the right at any time to temporarily or permanently modify or discontinue any part of our Services with or without notice.
- Sometimes we change the pricing structure for our Services such as the commission structure we earn per booking. When we do that, we may choose to exempt existing members from those changes, or to change the prices for existing members. If we do decide to change the price for existing members, we will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.
- Car pricing is determined by the Owner, but we will advise what a reasonable price looks like and enforce a minimum and maximum price. Owners can change their pricing at any time but the price changes will not apply to already confirmed bookings.
- Car Club pricing is determined by us. We can change the pricing for any reason including demand or time of year, but we will always be fair and you will not see any unreasonable price hikes.
Disclaimer, Limitation of Liability and Indemnity
Hiyacar provide the service on as “as is” basis, without any guarantees, warranties or representations. We do not guarantee the quality, suitability or safety of cars, the reliability or trustworthiness of drivers or the availability or suitability of our Services. You agree that the entire risk arising out of your use of the services remains solely with you, to the maximum extent permitted under applicable law. We shall not be liable for delay or failure in performance resulting from causes beyond our reasonable control
You agree that hiyacar shall not be liable in contact or in tort to you or any third party for any indirect, incidental or consequential damages, including, but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) any transaction between you and any other person; or (iii) unauthorised access to or alteration of your data. In no event shall our total liability to you in connection with the services for all damages, losses and causes of action exceed two hundred and fifty pounds (£250).
You agree to indemnify and hold harmless hiyacar, its officers and employees against all losses, liabilities, claims or demands arising out of: (a) any breach by you of these terms and conditions; or (b) any claim by a third party that any content posted by you on the Service infringes any proprietary rights of that third party.
Closing / Deleting Account
- You can close your account at any time by contacting us on Live Chat via the mobile apps or website, or by emailing firstname.lastname@example.org. Before deletion we may ask for your feedback for learning purposes.
- We have the right to suspend your account and refuse any current or future use of our Services, at any time at our discretion. We also reserve the right to refuse the use of the Services on sign up.
- If you have not had a booking within the last 3 years then we will close your account, however personal information will be kept for at least 3 years from the end date of your last booking as it may be needed for insurance claims purposes and is a legal requirement.
- We reserve the right to take appropriate action, including but not limited to terminating your account, if you: direct any abuse (verbal or physical) at another member, the team or a commercial partner; make a fraudulent claim for damage, fuel or mileage, or otherwise breach these terms.
- If your account is closed or suspended then any present or future bookings will be cancelled and refunded in accordance with our Cancellation Policy.
Only verified account holders who are named on the booking are insured to drive the cars on our Service. If someone other than the named Driver is suspected of driving the car then the insurance will be immediately terminated. The named Driver will then become personally liable for, but not limited to, costs associated with any damage or non return of car, any third party damage to cars or property and any injuries. Both the named and non named Driver could also receive a criminal conviction of driving without insurance (IN14).
We reserve the right to refuse insurance to any person who has ever been refused insurance, had a policy cancelled, had a policy voided or been quoted an increased premium or had special terms imposed.
- If your vehicle is lost or damaged as a result of:
- Accident or malicious damage
- Theft or attempted theft;
- We will at our sole discretion either pay (subject to the deduction of any excess):
- For the repair of the damage
- The current market value of your vehicle (the damaged vehicle will then belong to us);
- The cash value of any lost or stolen part
- No more than the last list price of parts no longer available as new.
- In addition to the above and subject to our written consent we will pay the reasonable cost of:
- Protecting your vehicle if it becomes unusable due to accidental damage;
- Returning your vehicle to your home address in the United Kingdom after repair.
- The payment will be made to:
- You; or
- The legal Owner of your vehicle if owned by someone else or is subject to a hire purchase agreement, unless the owner specifically agrees otherwise in writing.
- The same cover also applies to your vehicle’s accessories, if kept with, on or in your vehicle.
- We or the repairer may use parts which have not been supplied by the manufacturer.
- Wear and tear is the responsibility of the Owner and not covered by this insurance policy or by Hiyacar. More information on what is wear and tear can be found here.
- Time of cover. The car is only covered by this insurance policy for the duration of the booking. If the Driver has not returned the car before the end of the booking period (including any extension) then the insurance policy will not cover the extra period of time. The Driver, not hiyacar, shall be liable for any resultant costs, including but not limited to, damage to the car, third party property damage or injury or any other costs, expenses or liability.
- Termination of Insurance Policy
The insurance policy can be terminated by us if the Driver breaches any of these Terms and Conditions, breaches the terms of the insurance policy provided or violates UK law while driving. Hiyacar will have no liability for any costs that are accrued whilst there is no insurance provided by our insurance provider but we will work with Owners in providing as much information, subject to our Terms and Conditions, to aid Owners in the recovery of funds owed.
Insurance Summary can be found here.
Damage Cover Terms and Conditions
Damage Cover (Car Sharing Excess Waiver), is optional at the checkout and is a reimbursement guarantee (minus £50) for any excess payable to the Company or to the insurer. Pricing varies depending on Driver and Car Criteria and is visible at the checkout. This guarantee is designed to reimburse the excess you pay under the standard hiya agreement following an incident involving a hiyacar vehicle. It also provides additional cover for items such as misfuelling, towing, damage to the tyres, auto glass, undercarriage and roof of the vehicle. The Product Information Document and policy wording is available on request via post.
Hiyacar is partnered with Riverside Underwriting Limited to bring you this insurance. Riverside Underwriting Limited is an insurance intermediary acting on behalf of the insurer.
Neither Riverside Underwriting nor hiyacar provide advice but will answer any questions on the products sold. Hiyacar and Questor Insurance earn a commission payable by the Insurer.
Policy details can be found here.
OTHER MATTERS – SECURITY, PRIVACY AND CONTENT
Security, Bugs and Privacy
- We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted. Please refer to our Security page for more details and information on how to report a security incident or threat.
- We test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.
- To help you with support requests you make. We’ll ask for express consent before accessing your account.
- On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause as much as possible to avoid the errors from reoccurring.
- To safeguard hiyacar. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of a violation of terms investigation.
- To the extent required by applicable law. We may be asked for information relating to legal investigations, such as road traffic accidents, and will share only the information required subject to a signed Data Protection Act form.
Copyright and Content Ownership
- You agree that you have the legal right to post all content that you post on the Services. All materials uploaded remain yours and we claim no intellectual property rights over the material you provide to the Services.
- We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.
- You must not modify another website so as to falsely imply that it is associated with the Services or the Company.
General Account Terms
- You are responsible for maintaining the security of your own account and password. The Company will not be liable for any loss or damage from your failure to comply with this security obligation.
- You may not use the Service for any purpose outlined in our Restrictions Policy.
- Only the named person on the account can use the Service, including but not limited to, registering as a driver, registering as a car owner, making a booking and driving any car.
- Named account holders are responsible for any charges or fines that occur during your booking period, as a result of your actions whilst the car is under your control or due to a booking cancellation as outlined in our Cancellation Policy.
- These Terms and Conditions and each booking shall be governed by 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 any use of the Service.
- 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.
- If any member has any concerns about any material whatsoever which appears on the Service, they may contact email@example.com.
- If any member believes that any communication made through or on the Service infringes any legal rights that they may have, is in breach of any of these Terms and Conditions, knows of or suspects any unauthorised posting of or attempts to post any communications, that member may notify us with specific details by email at firstname.lastname@example.org.
- You are responsible for your own personal tax affairs arising from your participation in any booking including income tax and VAT.
- You agree to comply with all reasonable requests from hiyacar, the police, or any statutory or regulatory authorities in identifying any unauthorised users of the Service.
- There may be times where we do not exercise or enforce any right or provision of the Terms of Conditions; in doing so, we are not waiving that right or provision.
Additional Booking Terms for QuickStart Bookings
- Bookings with QuickStart enabled cars do not require an Owner present to hand over the keys. Drivers need to turn up at the car location shown in the booking or by using the ‘Get Instructions’ button in the mobile app and complete the pick up process to gain access to the car for the booking period.
- Facial recognition technology will be used during the pick up process to confirm the identity of the Driver and may be used periodically throughout the booking duration to confirm the named account holder is driving the car.
- Drivers will require the latest version of our mobile app to access and start the car throughout the booking. Though we are working hard on making this technology accessible for everyone, there are several Android devices that do not work as consistently as we would like. A list of these devices can be found here. We will endeavour to notify you as far in advance as possible if we believe that your device is not compatible. If your booking is unable to go ahead for this reason, a full refund will be issued.
- If the designated parking space is unavailable for whatever reason then you must contact hiyacar for an alternative solution.
- QuickStart cars are all enabled with GPS tracking. This is for the safety of our Drivers and for our Owners. GPS tracking will only be analysed if required for cars involved in a claim, in a late return or if we have been informed of poor care when driving.
Additional Booking Terms for Key Handover Bookings
- Drivers will meet the Owner at the location given on the hiya agreement, once the booking has been confirmed, to exchange keys.
- The Owner will receive an email with the pick up pictures and the digitally time stamped ‘hiya agreement’ once the pick up process has been completed by the Driver using the mobile app and only then should keys be exchanged.
- It is the Owner’s responsibility to check the Driver’s Licence to confirm the correct person is picking up the keys. If the Owner is unsure if it is the correct Driver or does not feel comfortable handing over the keys then they should inform hiyacar and we will cancel the booking with no penalty.
- When the car is returned the Driver needs to complete the drop of process with pictures of the car's condition. If no pictures are uploaded then the Driver accepts that they may be held liable for damage they did not commit.
Accident, Theft or Breakdown
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
- Notify hiyacar by calling the claims helpline on 020 3856 8900 or via Live Chat
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 which includes Roadside Assistance and home start (at the home of the driver). If the cause of the breakdown is due to a car being unroadworthy at pick up then the cost of the call out and recovery may be transferred to the Owner.