AUTO UNION HIRE LIMITED
TERMS AND CONDITIONS
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH AUTO UNION HIRE LIMITED (“AUTO UNION”, “US”, “WE”, “OUR”) GRANT YOU (“YOU”, “YOUR” “USER”) THE RIGHT TO ACCESS AND USE THE SERVICES AT [INSERT URL] (“WEBSITE”) PLEASE READ THESE TERMS CAREFULLY BEFORE COMMITTING TO USE THE SERVICES OFFERED ON THE WEBSITE. BY REGISTERING ON THE WEBSITE, YOU ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE USING THE SERVICES ON BEHALF OF YOUR EMPLOYER OR ACTING AS AN EMPLOYEE, YOU WARRANT THAT YOU ARE AUTHORISED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER. THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE AS IF THEY WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOUR EMPLOYER.
IF YOU OR YOUR EMPLOYER DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO REGISTER OR USE THE WEBSITE. YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
THESE TERMS MAY BE SUBJECT TO CHANGE FROM TIME TO TIME, AND ACCORDINGLY YOU ARE ADVISED TO REFER BACK TO THESE TERMS BEFORE REGISTERING ON THE WEBSITE.
1. INFORMATION ABOUT AUTO UNION HIRE AND THE WEBSITE
1.1. The Website is owned and managed, operated and maintained by Auto Union Hire Limited, company registered in England with company registration number 08130491, and having its registered address at Unit 6 Apex Point, Travellers Lane, Welham Green, Hertfordshire AL9 7HB United Kingdom. VAT 151 3492 28
1.2. The Website provides an independent online comparison and contact service (“Services”) enabling you to compare prices for the hire of luxury vehicles (“Vehicles”) from relevant third parties authorised to use the Website (“Fleet Managers”).
1.3. Based on your individual requirements, a Fleet Manager is able to provide you with offers that correspond to your search requirements (“Offers”). You may respond to such Offers by selecting a Vehicle subject to the Offer (“Reservation”). You acknowledge and accept that we do not supply Vehicles and the contract for hire is concluded directly between you and the vehicle Owner.
2. PRELIMINARY INFORMATION
2.1. By registering your details with us, you warrant that:
2.1.1. you are legally capable of entering into binding contracts;
2.1.2. you are at least 18 years old; and
2.1.3. you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms for the use of the Services.
3.1. In order to use the Website, you will need to complete the online registration form and set up an account (“Account”).
3.2. By registering your details and setting up an Account you consent to us conducting verification and security procedures in respect of the information provided by you online.
3.3. You hereby warrant that the information provided by you to us is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information.
3.4. Upon the completion and submission of the online registration form on the Website, you shall be sent a verification email ( “Verification Email”) to the email address you provided on the registration form. This Verification Email will contain details of how to activate your Account. Your Account will not be accessible until you have accepted our Terms.
3.5. You shall keep your registration details for the Website (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to us, we reserve the right to promptly disable your Login Details and suspend your access to the Website in the event that we have any reason to believe you have breached any of the provisions set out herein.
3.6. Notwithstanding the foregoing, we reserve the right to:
3.6.1. accept or reject your application to register for any reason; and
3.6.2. suspend your Account and/or refuse you access to the Services and/or Website (partly or wholly) if you breach any of the provisions hereunder.
4. FORMATION AND TERMINATION OF YOUR CONTRACT WITH US
4.1. Your contract with us for the provision of the Services, which incorporates these Terms (“Contract”) shall commence on the date your Account is activated in accordance with clause 3 above.
4.2. You may terminate your Contract by deleting your Account on the Website or by sending written or e-mail notice to us of your intention to terminate, sent to the postal or e-mail address provided on the Website.
4.3. We may suspend or terminate your access and use of the Website and/or the Services in the event that:
4.3.1. third party services and network providers cease to make the third party service or network available to us;
4.3.2. you fail to comply with these Terms;
4.3.3. we believe that there has been fraudulent use, misuse or abuse of features and functionalities of the Website and/or the Services (in whole or in part); or
4.3.4. we believe that you have provided us with any false, inaccurate or misleading information.
4.4. Upon termination of your Contract in accordance with this clause 4, your access to the Website and the Services shall cease. We shall not be liable to you for any losses or damages incurred by you resulting from termination of the Contract in accordance with this clause 4.
5. ACCESS TO THE WEBSITE
5.2. We shall use reasonable endeavours to make the Services available to you at all times, but we cannot guarantee an uninterrupted or fault free service.
5.3. Our ability to provide the Service may be impaired by conditions or circumstances that are beyond our control, including, without limitation third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your personal computer, operating system and the number of other users logging onto the Website at the same time. We shall take reasonable action to minimise the disruption caused by such circumstances but you acknowledge, agree and accept that some such interruptions may not be avoidable.
5.4. Our network is not controlled by us and may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by the owner of the network. Such circumstances may result in the Service being temporarily unavailable. We will take reasonable action to minimise the disruption caused by such circumstances, but some such interruptions may not be avoidable.
5.5. We use industry standard security measures to protect against the loss, misuse and alteration of the information and data under our control. However, you acknowledge and agree that we cannot guarantee complete security of such information and data or that our security measures will prevent hacks, worms, bugs, trojans or such other similar devices that may allow access to or unauthorised viewing of such information and data.
5.6. We reserve the right to make changes to the Services and the Website or part thereof, from time to time at our sole discretion, and we may from time to time update, add, remove, modify and/or vary any elements of features and functionalities of the Service. We also reserve the right to impose charges in respect of certain features and functionality of the Service and Website. The amount of such charges and the payment terms shall be as detailed on the Website or in these Terms from time to time.
6. YOUR OBLIGATIONS
6.1. You agree that you are solely responsible and liable for your use of the Website including any use undertaken through or using your Login Details.
6.2. You agree that at all times, you shall:
6.2.1. not use your Login Details with the intent of impersonating another person;
6.2.2. not allow any other person to use your Login Details;
6.2.3. not use the information presented on the Website for any purposes other than those expressly set out in these Terms;
6.2.4. not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website;
6.2.5. not use the Website or the content therein to, and/or do anything that will, infringe the intellectual property rights or other rights of any third parties;
6.2.6. comply with all instructions and policies from us from time to time in respect of the Website;
6.2.7. co-operate with any reasonable security or other checks or requests for information made by us from time to time;
6.2.8. use the information made available to you on the Website at your own risk;
6.2.9. not submit to appear on the Website through your use of the Services any information, comments, reviews, images or other material whatsoever in any format that, in our reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:
126.96.36.199. promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
188.8.131.52. harass or advocate harassment of another person;
184.108.40.206. promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
220.127.116.11. promote any illegal activities;
18.104.22.168. promote or contain information that you know or believe to be inaccurate, false or misleading; or
22.214.171.124. infringe any rights of any third party,
126.96.36.199. together the “User Submissions”.
6.3. You hereby grant to us a non-exclusive, irrevocable licence to make the User Submissions available to other Users of the Website.
6.4. In the event that we, in our sole and absolute discretion, considers that there has been a breach or threatened breach of any of the terms set out in this clause 6, we reserve the right to take any action that it deems to be necessary including, without limitation, temporary suspension or termination forthwith and without notice of your use of and access to the Website; and in the case of illegal use, the instigation of legal proceedings as appropriate.
7. THE SERVICES
7.1. Subject to clause 5.6 above, the Services will comprise of the following:
7.1.1. the ability to search and compare Vehicles for hire and contact selected Fleet Managers.
7.1.2. view Offers from the Fleet Managers, but you acknowledge that any Offers will only be available for a limited period (“Offer Window”). Any Offers submitted by Fleet Managers during the Offer Window will expire at the end of that Offer Window;
7.1.4. the facility to review and rate the Fleet Manager;
7.1.5. access to any other features and functionality for the Services provided by us to you from time to time.
7.2. You accept that you are responsible for:
7.2.1. ascertaining the identity of the Fleet Manager;
7.2.2. verifying the price of hire of any Vehicle offered by the Fleet Manager;
7.2.3. ensuring you have sufficient information relating to Fleet Manager;
7.2.4. any review or rating of the Fleet Manager to be fair, honest and reasonable;
7.2.5. verification of all information provided by the Fleet Manager in relation to the Vehicle provided.
8. FEE, PAYMENT, CANCELLATION AND REFUNDS
8.1 payment for our services is made on a monthly or annual basis via subscription.
8.2 monthly subscription accounts may be cancelled at any time. Cancelled monthly subscriptions end at the end of the calendar month and cancelled annual subscriptions will run until the end of the calendar year.
8.1 refunds are not provided.
9. EXCLUSION OF WARRANTIES AND OUR LIABILITY
9.1. You acknowledge and agree that where the Website includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not endorsed by us and to the maximum extent permitted by law, we exclude all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.
9.2. In the event you choose to make a booking with a Fleet Manager, a contract for fulfilment of the booking is created between you and the Fleet Manager, which will be subject to your acceptance of the Fleet Manager’s own terms and conditions (“Hire Agreement”). You are responsible for ensuring you have read and understood the terms of the Hire Agreement. We are not responsible for the Fleet Manager’s peformance under the Hire Agreement and we make no warranties or guarantee that the obligations of the Fleet Manager under the Hire Agreement will be fulfilled. We shall not be liable for any losses, damages, claims, costs or expenses incurred or suffered by you arising out of or in connection with the Hire Agreement.
9.3. We do not verify and do not have any control in respect of any Vehicles offered by Fleet Managers through the Website, or other information made available to you through your use of the Services. You acknowledge that many of the Vehicles offered through the Website are rare and are subject to availability. Offers supplied during the Offer Window may include alternative Vehicles similar to your selected “search for” Vehicle (i.e. Vehicles within the same category chosen by you). We do not warrant or guarantee the accuracy, condition, reliability or suitability in respect of any Vehicles subject to the Hire Agreement or any other information or photographs made available to you through your use of the Services. If you so intend to use and/or rely upon any information made available to you through your use of the Services and/or the Website, you do so at your own risk and liability.
9.4. You are responsible for ensuring that information and other data provided by you through your use of the Services and/or Website (including but not limited to any information provided in order to obtain Offers) is correct, complete and accurate. We shall not be liable to you for any losses, damages, claims, costs or expenses suffered or incurred by you arising out of or in connection with such inaccurate, incorrect or incomplete information or data provided by you during your use of the Services.
9.5. We may also provide links on the Website to the sites of Fleet Managers. Such Fleet Manager websites are not our responsibility and we accept no liability for the availability, suitability, reliability or content of such Fleet Manager websites and do not necessarily endorse the views expressed within them.
9.6. Nothing in these Terms excludes or limits our liability for:
9.6.1. death or personal injury caused by its negligence;
9.6.2. fraud or fraudulent misrepresentation; or
9.6.3. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
9.7. If we fail to comply with these Terms, we shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder.
Our liability if you are a consumer
9.8. If our failure to comply with our obligations is not remedied as in clause 9.7, then we shall only be liable for losses which are a reasonably foreseeable consequence of such failure. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
9.9. Subject to clause 9.6, we shall not be liable for consequential, indirect or special losses or any other losses, damages, claims, costs or expenses suffered or incurred by you which were not reasonably foreseeable when you used the Services and/or Website.
Our liability if you are a business
9.10. Subject to clause 9.6, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
9.10.1. any loss of profits, sales, business, or revenue;
9.11. Subject to clause 9.6, 9.7 and 9.10, our maximum aggregate liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Fees paid by you to the Fleet Manager.
9.12. Commentary and other materials posted on the Website or provided by us are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any User of the Website, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by us shall remain solely with you.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. We and our licensors own all the intellectual property rights relating to the Website, and Services.
10.2. You are expressly prohibited from:
10.2.1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and
10.2.2. removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by us or its licensors, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to us.
11. PRIVACY AND DATA PROTECTION
12. FORCE MAJEURE
12.1. We shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
12.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
12.2.1. strikes, lock-outs or other industrial action;
12.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
12.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
12.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
12.2.5. impossibility of the use of public or private telecommunications networks; and
12.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
12.3. Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we shall have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.
13. COMPLAINTS AND TERMINATION
13.1. If you wish to lodge a complaint about another User for breaching any of these Terms, you may do so by clicking on “CONTACT” on the Website Home Page and send us details of your complaint using the “Contact” form available on the Website. We will use our reasonable endeavours to respond to your complaints within a reasonable time and to take reasonable action which it deems appropriate to resolve or rectify the subject matter of such complaints.
13.2. We may suspend or terminate your use of the Services and/or Website if::
13.2.1. any of our third party communication network providers cease to make their services available to us for any reason;
13.2.2. we believe you or someone using your login details has failed to comply with one or more of these Terms;
13.2.3. we believe there has been fraudulent use, misuse or abuse of the Services;
13.2.4. we believe you have provided any false, inaccurate or misleading information.
13.3. On termination, your access to the Website shall cease and we may delete your Profile.
14.1. If we fail at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
14.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
14.4. For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.
14.5. We reserve the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.
14.6. If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
14.7. These Terms and any document expressly referred to in them represent the entire agreement between you and us in respect of your use of the Website and your use of the Services, and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
14.8. You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between you and us except as expressly set out in these Terms.
14.9. We may alter or amend our Terms by giving you reasonable notice. By continuing to use the Website after expiry of the notice period, or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, you wish to terminate your access to the Website, you may do so by giving us not less than 7 (seven) day's written notice, (which may be by e-mail), such termination to take effect on the date upon which the amended Terms would otherwise have come into effect.
14.10. These Terms are governed by and construed in accordance with English law. The Courts of England and Wales shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside the UK, English law shall apply only to the extent that it does not deprive you of any legal protection accorded under the law of the place where you are habitually resident. If English law deprives you of any legal protection which is accorded to you under your local law, these terms will be governed by your local law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.