Last updated on: 30th July 2021
These terms and conditions (Terms) apply to services provided by Carandaway Limited through our brands Karshare and Car & Away (The Business).
You should only use our Platform if you agree with these Terms. When you click to accept the Terms, you will be legally bound by these Terms.
1.1 Who we are, what we do and contacting us
1.1.1 Carandaway Limited facilitates car sharing by enabling Members wishing to make a vehicle available for others to use (the Owner) to connect with Members wishing to book and pay for vehicle use (the Renter).
1.1.2 Karshare and Car & Away are trading names of Carandaway Limited, with company registration number 09992443 and its registered address at 1st Floor, 1 Holtspur Lane, Wooburn Green, High Wycombe, Buckinghamshire HP10 0AA. Our VAT number is 256726970.
1.1.3 Carandaway Limited does not provide car rental services and, unless otherwise expressly stated, does not own or maintain any Vehicles for this purpose. The contract for Vehicle rental is between the Owner and the Renter.
1.1.4 In becoming a Member you agree that Carandaway Limited is authorised to act as your agent.
1.1.5 If you have any questions, complaints or comments about these Terms or our services, please either contact email@example.com, call +44 (0) 208 051 4920 or write to our postal address above.
For the purpose of these Terms, the following words have the meaning set out below:
A Member who has registered on our Platform.
Accident Report Form
The form that Renters must complete at the time of the incident in the event of an accident.
An agreement between Members for a vehicle to be shared for a specified duration.
The fee charged to the Owner for facilitating a Booking calculated by multiplying the Rental Price by the Booking Fee Percentage, plus VAT at the applicable rate.
Booking Fee Percentage
Airport Locations: 33%
Home Locations: 25%
Karshare reserves the right to operate with alternative Booking Fee Percentages.
Refers to RAC, our breakdown and recovery partner.
A record of the external and internal condition of a vehicle on the Platform. A Condition Report is submitted by a Renter immediately prior to and at the end of a rental period.
An amount taken prior to the start of the rental period to cover for potential unintended costs
Eligibility Criteria - Owner
An Owner must
Eligibility Criteria - Renter
A Renter must:
*Renters aged 21-24 must provide written confirmation that they have had 0 incidents since obtaining their licence. This written confirmation must be sent to firstname.lastname@example.org before the booking can be confirmed.
**Renters with Australian and Canadian licences must be aged between 25-70
Eligibility Criteria - Vehicle
The Vehicle must:
1.4 If the Vehicle is a lease car:
The amount the Renter is liable for under the Insurance Policy in the event of an incident that requires payment for damage caused to the Vehicle or another person's property, which may be reduced if the Renter buys ‘Reduced Excess Fee’.
Excess Mileage Fee
A payment collected from the Renter and paid to the Owner in the event the Owner’s vehicle travels a distance in excess of the stated mileage limit.
Extended Rental Period
An agreed period of time that the Renter retains a vehicle beyond the Initial Rental Period.
At the end of the rental we allow 30 minutes more time for renters to park their car in the owner area.
Frequently asked questions for Bookings which are available here
The location where the Renter shall collect and return the Vehicle.
Initial Rental Period
The agreed period of time that the Renter agrees to keep the vehicle at the time the rental commences.
The cost of insurance for a Rental Period, which may include the Reduced Excess fee.
The motor vehicle insurance policy for Members, provided by the Insurer, which can be accessed here
The entity providing the Insurance Policy from time to time, currently QBE.
Business Help Team
or +44 (0) 208 051 4920 (office hours 7am-8pm).
Keyless technology installed in the Owner’s vehicle enabling the Renter to locate and unlock cars using the Karshare App.
Pricing determined by The Business using prevailing market conditions including time of year, type and condition of Vehicle and other car hire operators' pricing for a similar Vehicle.
An individual who signs up for membership of the Services through the signup process on our Platform.
Optional Extras Fee
For a separate fee, items can be added to a rental booking. For example, child seats.
A Member who signs up to make a Vehicle available to rent via our Platform.
The Rental Price minus the Booking Fee.
Pricing determined by the owner for their vehicle
A third-party Web Platform and/or application where a Vehicle may be listed and/or a Booking facilitated.
Reduced Excess Fee
For a separate fee, Renters may buy this product to reduce their liability for damage and other costs incurred during the Rental Period or Usage Period. The Reduced Excess is set at £250.
Return Grace Period
The period of time immediately after the end of the Rental Period where the Renter will avoid additional rental charges if the Rental End Process is completed within this Grace Period. If the Grace period is exceeded the Renter will be charged hourly extensions until the Rental End Process is completed.
Rental End Process
The process the renter must follow and complete to end the rental. Returning the vehicle to the correct location, completing the condition report, locking the vehicle and ending the rental on the application.
The Rental Period agreed between the Owner and the Renter plus any Extended Rental Period, which together can last for no more than three months.
The total price applied to a Rental Period excluding the Insurance Fee or optional Reduced Excess Fee.
A Member who books a Vehicle from an Owner via our Platform.
Schedule of Charges
The schedule stipulating charges which may be payable by Members
The process of facilitating the sharing of vehicles between Members
The standard insurance cover which is a fully comprehensive insurance policy as specified in the Insurance Policy.
An excess of £750 which covers liability for damage and other costs incurred during the Rental Period or Usage Period.
A telematics application is installed within The Business iOS and Android App. The application monitors driver behaviour and ensures the best possible arrangement for insurance.
These terms and conditions.
Total Booking Fee
Rental Price plus the Insurance Fee, plus Optional Extras Fee, and adjustment for any Extended Rental Period.
Promotion scheme where a minimum amount of earnings is paid towards the owner on a monthly basis, provided the total amount of earnings from a vehicle for a 30-day period is lower than the guaranteed amount.
The car and all its documents, tools, fittings, components, standard equipment (including jack, spare tyre, etc), whether mechanical or otherwise, the subject of a Booking.
2.1 To use our Services you need to become a Member by registering an Account. Members need to meet and maintain Eligibility Criteria. Membership approval is subject always to our sole discretion.
2.2 Once accepted Members must ensure their username and password are kept secure and confidential. A Member must keep their contact details up to date through our Platform. As a Member, you will be responsible for any activity on your Account. Any mobile phone number and email address provided must be personal to you and easily accessible. Members must inform The Business immediately if they no longer meet the eligibility criteria specific to their relationship with our Services.
2.3 All Members are obliged to provide such information and take such actions as may be reasonably requested in connection with any complaints, claims, charges or notices relating to Member activity. This applies to investigations required by Carandaway Limited, by its representatives, its insurers or the police, regarding any insurance claims, use or abuse of the Platform or any other investigations.
2.4 Any application for membership which references a promotional offer acknowledges and accepts the terms and conditions of such offer as set out on our Platform.
3.1 Our Platform is for your own personal and non-commercial use only.
3.2 When using our Platform and your Account, you agree not to:
3.2.1 attempt to undermine the security or integrity of our Platform, our computing systems or networks or, where the Services or Platform are hosted by a third party, that third party's computing systems and networks. We will report any security breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them;
3.2.2 use, or misuse, the Services or Platform in any way which may impair the functionality of the Services or Platform, or other systems used to deliver the Services or Platform or impair the ability of any other user to use the Services or Platform;
3.2.3 attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services or Platform are hosted;
3.2.4 transmit, or input into the Services or Platform, any files or data that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);
3.2.5 create system links to our Platform unless we give you prior written consent;
3.2.6 attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver our Services or to operate our Platform except as is strictly necessary to use either of them for normal operation and other than as permitted by law;
3.2.7 impersonate any other person while using our Platform;
3.2.8 conduct yourself in a vulgar, offensive, harassing or objectionable manner while using our Platform; or
3.2.9 use our Platform for any unlawful purpose.
3.3 If you use any communication tools available through our Platform (such as any forum, chat room or message centre), you agree only to use such communication tools for your domestic purposes and in accordance with the law. You must not use any such communication tool for posting or disseminating any material unrelated to our Platform or for advertising or marketing purposes.
3.4 When you make any communication on our Platform, you represent that you are permitted to make such communication. Any communications shall be conducted in a courteous manner. We are under no obligation to ensure that the communications on our Platform are legitimate or that they are related only to the use of our Services.
3.5 You may have other rights granted by law, and these Terms do not affect these except if the two are inconsistent. If this is the case then these Terms will override any other rights which you may have, unless this is not permitted by law.
4.1 We may change, modify, amend or remove some or all of the functionality or content on the Platform at any time and we reserve the right to remove any communication or any material held within the Platform at any time at our sole discretion.
4.2 You agree that we are free to use any comments, information or ideas contained in any communication you may send to us without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Platform.
4.3 We and/or our licensors are the owners of our Platform which includes (but without limitation) any software, applications and domains made available through it.
4.4 All intellectual property rights in our Platform, and the content (except the personal information of you and other users containing your and their Accounts), video, audio, graphics, logos, icons and service names which appear on the Platform belong, or are licensed, to us. You do not have any rights to such intellectual property except as expressly set out in these Terms.
5.1 A Booking Confirmation will specify the start and end time of the proposed rental which shall be for no more than 90 days (the "Initial Rental Period") and the Total Booking Fee.
5.2 Once a Booking Confirmation has been sent to the Renter the Booking is binding on both Owner and Renter, and subject to the cancellation rules set out in these Terms.
5.3 The Renter will have exclusive use of the Vehicle for the Rental Period.
5.4 If requested by the Renter, the Platform will extend the Initial Rental Period for an Extended Rental Period in accordance with the Vehicle's availability. Neither the Initial Rental Period nor any Extended Rental Period, individually or combined, may be more than 90 days.
5.5 Where an Extended Rental Period is agreed an extension to the Insurance Policy will be applied. It is vital that all extensions are notified in accordance with these Terms as driving without insurance is an offence and Members may be personally liable for any loss or damage caused in any period where they are not covered by the Insurance Policy. Owners should satisfy themselves that the extension has been formally notified.
5.6 If the Renter fails to return the Vehicle to the Owner before the end of the Rental Period, the Renter shall be liable for charges for the period of additional time (the "Delay Period") as set out in the Schedule of Charges. The Renter may also be liable for an additional Insurance Fee and Rental Price in relation to the Delay Period and any reasonable costs incurred by the Owner or a subsequent Renter as a result of the late return of the Vehicle. The Renter will remain responsible for all the Renter’s obligations for the full duration of any Delay Period.
6.1 The Renter must pick up the Vehicle at the time and place specified in the Booking Confirmation or as otherwise agreed directly with the Owner
6.2 The Renter must inspect and record the condition of the Vehicle before the start and at the end of the Rental Period, including the current fuel and mileage.
6.3 Unless otherwise agreed The Renter must submit clear, time stamped photographs of the vehicle to The Business through the condition report process provided in the Platform including any damage when the car is collected. In the event that Platform is not available or is malfunctioning, the Renter must capture and submit clear, time stamped photographs via email or any other agreed upon means. Failure to comply with this may result in the Renter being liable to a Condition Report Charge and paying for any damages shown on the vehicle which cannot be proven to have already existed before the Rental Period.
6.4 It is the responsibility of the Owner under English law to ensure that the Vehicle is roadworthy. If the Renter reasonably believes the Vehicle is not roadworthy, the Renter may cancel the Booking in accordance with the cancellation policies set out in these Terms. In conducting the damage inspection and roadworthiness checks, the Renter should, as a minimum, check that:
6.4.1 tyres all have adequate tread depth and comply with local regulations
6.4.2 the handbrake works;
6.4.3 engine noise is not excessive or unusual;
6.4.4 electric windows work;
6.4.5 all rear viewing mirrors fitted as standard in the Vehicle are in place as required, and can be adjusted;
6.4.6 side mirrors are free from cracks;
6.4.7 seats adjust;
6.4.8 seat belts are present and work;
6.4.9 headlights, indicators, brake lights and reversing lights work;
6.4.10 any chips on windscreen are noted;
6.4.11 the in-car entertainment and other peripherals work;
6.4.12 washer fluid is present; and
6.4.13 oil level on dipstick should be at least at halfway point between minimum and maximum indicators.
6.5 The Renter must ensure that any scratches, bumps and dents in the bodywork, and any other defects, abnormalities or damage, are photographed on collection of the vehicle and noted in the Condition Report and that the mileage, and fuel level in the tank are also noted and recorded.
6.6 The Renter must treat the Vehicle and its keys (where applicable) with reasonable care and will be responsible for the Vehicle and its keys (where applicable) whilst out of the possession of the Owner. This includes driving carefully, always locking and unlocking the Vehicle using the App and if applicable using any additional security device fitted to or supplied with the Vehicle when it is not in use. Failure to comply with this will leave the Renter liable to charges that may arise from loss and / or damage to the Vehicle.
6.7 The Renter must only use the correct fuel for the Vehicle and will be liable for the cost up to the full value of the excess for any repairs, towing fees or other costs incurred as a result of using the wrong fuel. Misfuelling is specifically excluded from cover provided as part of the reduced excess waiver.
6.8 The Renter must not sell, rent or dispose of the Vehicle, or any of its parts. The Renter must not give anyone any legal or beneficial rights over the Vehicle.
6.9 The Renter must bring the Vehicle back to the location it was originally rented from. The Renter must park the Vehicle legally and in accordance with any restrictions imposed by any parking permits associated with that Vehicle. The Renter will be liable for any parking charges incurred at the return location, unless the risk of incurring such charges has been expressly acknowledged and agreed with the Owner or The Business.
6.10 At the Airport Location, Renters will receive keys from The Business at the time of pick up and return keys to The Business at the time of return.
6.11 The Renter must take clear, time stamped photographs showing the condition of the Vehicle at time of return, and where applicable confirm fuel and mileage levels. Failure to comply will leave the Renter liable to a Condition Report Charge in the event of a damage or insurance claims dispute.
6.12 Before returning the Vehicle, the Renter must ensure that the Vehicle is as clean as at the start of the Rental Period, and the Renter must remove any debris, rubbish and personal items from the Vehicle. Renters must also return the vehicles with the same amount of fuel as at the start of the Rental. Failure to do so will result in additional charges to refuel / clean the vehicle. See schedule of charges.
6.13 The Vehicle must only be driven by the Renter, who must meet, and continue to meet, the Eligibility Criteria throughout the Rental Period. Any other drivers will not be covered by the Insurance Policy and will be driving illegally. If The Business becomes aware that a Renter other than the Renter has driven the Vehicle during a Rental Period, The Business will immediately terminate the Renter’s membership and will charge the Renter for reasonable administration costs and additional costs relating to the contravention.
6.14 The Renter must not:
6.14.1 use the Vehicle for any illegal purpose;
6.14.2 overload the Vehicle by the number of persons carried or by weight of goods carried;
6.14.3 use the Vehicle whilst under the influence of alcohol or drugs;
6.14.4 use the Vehicle if may reasonably be considered to be unfit to drive a vehicle;
6.14.5 use the Vehicle for racing, speed-testing or teaching someone to drive;
6.14.6 use the Vehicle for any commercial purpose including the carriage of passengers for hire or reward;
6.14.7 use the Vehicle off-road;
6.14.8 'clock' the Vehicle or tamper in any way with the Vehicle's odometer;
6.14.9 modify the Vehicle in any way (including fitting roof racks/bike racks and/or tow bars) or allow anyone to work on, or fit any new or replacement parts to, the Vehicle without the express permission of the Owner and The Business;
6.14.10 drive the Vehicle outside Great Britain, Northern Ireland, the Isle of Man and the Channel Islands;
6.14.11 if the Vehicle has a manual transmission, drive the Vehicle without adequate prior experience of using a manual transmission; or without the correct entitlement to drive vehicles with manual transmission.
6.14.12 smoke in the Vehicle, or transport any animals or pets in the Vehicle unless otherwise stated at the time of booking.
6.15 The Renter shall, and shall procure that any Additional Drivers, comply with all legal obligations that he or she has as a driver under these Terms and any applicable law.
6.16 All bookings that are subsequently cancelled by a Renter will be subject to the cancellation provisions within these Terms.
6.17 When making a Booking, the Renter should rely solely on the information provided on the Platform, and any additional information communicated to the Renter by the Owner or by The Business on behalf of the Owner. The Business may endeavour to provide additional information about the Vehicle upon request from the Renter but will not assume any liability for the accuracy or completeness of any such information.
7.1 The Owner must be the legal Owner or registered keeper of the Vehicle. The Owner is responsible for ensuring there are no restrictions in any contracts with a third party which prevent the use of the Vehicle for the purpose of Bookings.
7.2 The Owner must:
7.2.1 have a vehicle that to the best of their knowledge has not been previously written off following a road traffic incident or any other circumstances;
7.2.2 comply with all statutory for use of a vehicle on public roads in the UK including but not limited to maintaining at all times a valid MOT, road fund licence and fully comprehensive insurance on their Vehicle. In the event fully comprehensive insurance is not maintained or it is agreed between The Business and The Owner that fully comprehensive insurance need not be provided so The Business will revert its own cover to third party car insurance only. This means The Owner will not be insured for damage to their Vehicle when being used by The Renter; and
7.2.3 provide evidence of above to The Business as and when requested.
7.3 The Owner must make the Vehicle available at the start of each Rental Period at the location and time as specified in the Booking Confirmation or as otherwise agreed directly with The Business prior to the start of the Rental Period.
7.4 At the Airport Location, the Owner must arrive at the time and location specified in the Booking Confirmation.
7.5 The Owner must ensure that, at the start of each Rental Period, the Vehicle is roadworthy, including that:
7.5.1 tyres all have adequate tread depth and are not worn;
7.5.2 the handbrake works;
7.5.3 engine noise is not excessive or unusual;
7.5.4 electric windows work;
7.5.5 all rear viewing mirrors fitted as standard in the Vehicle are in place as required, and can be adjusted;
7.5.6 side mirrors are free from cracks;
7.5.7 seats adjust;
7.5.8 seat belts are present and work;
7.5.9 headlights, indicators, brake lights and reversing lights work;
7.5.10 any chips on windscreen are noted;
7.5.11 the in-car entertainment and other peripherals work;
7.5.12 washer fluid is present;
7.5.13 oil level on dipstick should be at least at halfway point between minimum and maximum indicators; and
7.5.14 fuel or charge level is at least ¼ full at pick up.
7.6 The Owner should ensure that, at the start of each Rental Period, the Vehicle is clean and tidy and free from debris, rubbish and personal items. Any personal items left in the Vehicle are left at the Owner’s own risk as loss and damage to such items will not be covered by the Insurance Policy. At the Airport Location The Business will store any such items left in the Vehicle as part of the service.
7.7 The Owner must maintain a record of any scratches, bumps and dents in the bodywork and any other defects, abnormalities or damage to the Vehicle (the "Condition Report"). Failure to comply with this may result in any claim under the Insurance Policy being refused or the Owner asked to contribute towards repair costs (the amount for which is set out in the Insurer’s table of Excesses and Charges below). If there are any problems with the Vehicle at the start of the Rental Period or if the Vehicle breaks down during the Rental Period, the Renter may apply to The Business for another vehicle, depending on the circumstances and at the sole discretion of The Business. The use of KarshareGo, detailing how the Vehicle is/was being driven, will help The Business manage this decision objectively.
7.8 For Airport Locations, the Owner agrees to provide The Business with the additional information requested (as detailed in the Booking Confirmation) within 24 hours of the Booking Confirmation.
7.9 For Home Locations, the Owner agrees to make the Vehicle available on the Platform within 48 hours of the keyless Karshare-Go installation.
7.10 Owners must make their vehicles available for a minimum of 3 weekends or 15 days including 1 weekend. The Business reserves the right, at its sole discretion, to withdraw an Owner's membership of The Business if the Owner consistently fails to make their Vehicle available for this minimum period.
7.11 If the Owner’s membership is withdrawn or terminated by either the Owner or The Business within the first 12 months, the Owner agrees to reimburse The Business upon request for any install costs outstanding plus a £50 de-installation charge.
7.12 Owners agree to provide a spare key for their vehicle to Karshare in order to facilitate the keyless technology to be installed in their car. This key will be returned to the Owner as a “dead key” which will be unable to mobilise the vehicle. The key will be used by Renters in conjunction with the Apps to enable Rental Bookings.
7.13 On termination or cessation of membership, the Owner agrees within 30 days to return, at the Owner’s expense unless The Business is in breach of these Terms or agrees otherwise, all equipment provided by The Business, including but not limited to the KarshareGo device and associated accessories. The Business will coordinate with the Owner to arrange the removal of KarshareGo by a representative of The Business.
7.14 The Owner undertakes to describe their Vehicle accurately on the Platform, and to keep the information on such listing up to date. The Owner must inform The Business immediately if their Vehicle no longer meets the Vehicle Eligibility Criteria.
7.16 The Business will disclose to the Renter the presence and use of telematics as part of the Booking process and will require the Renter to agree to telematics being used during the Rental Period.
7.17 If the Owner is issued with any penalty charge notices in relation to traffic offences or charges applicable to the Renter during the Rental Period (as set out in clause 10.1 below) the Owner must notify The Business in writing as soon as possible, and in any event within 48 hours of the date of issue of the penalty charge notice (e.g. for parking and congestion charges) or the notice of intended prosecution (e.g. for speeding or other traffic offences). Failure to notify us within 7 days will result in the Owner being liable for all additional costs associated with the relevant charge or fine. In addition, at The Business’s sole discretion, the Owner may be liable for 50% of the relevant fine, charge or penalty if the delay in notification prohibits the Renter from challenging or appealing to the competent authority in accordance with clause 9.4 below.
7.18 Owners can set their own daily mileage limits and the Renter is responsible to pay an excess mileage fee for each mile driven over the stated included mileage ("Excess Mileage Fee"). The Excess Mileage Fee shall be calculated by multiplying the cost per mile set out in the Schedule of Charges multiplied by the excess mileage above the limit stipulated by the Owner at the Booking. Renters will be communicated to and subsequently billed for any excess mileage at the end of their Rental Period.
7.19 The Owner agrees to cooperate with and assist The Business (including responding promptly to communications), and provide The Business with such information and take such actions as may be reasonably requested by The Business in connection with any complaints, claims, charges or notices relating to the Owner’s /-Owner's Vehicle and Vehicle listing, or with respect to any investigation undertaken by The Business or its representatives regarding use or abuse of the Platform.
7.20 Owners may make their Vehicle available for rent from the Home Location by using the Platform, or at an Airport Location at selected airports specifying the time periods during which the Vehicle is available to rent in accordance with the availability procedures set out on the Platform.
7.21 An Owner may elect to use either Smart Pricing or Owner Pricing for their Vehicle within the Home Location. However, Smart Pricing is set by The Business for the Airport Location.
7.22 The Owner, not The Business, is solely responsible for honouring any Booking Confirmation and making the Vehicle available to satisfy the Booking Confirmation.
Accident / Damage / Breakdown / Theft
up to £750
Incomplete Condition Report
Payable to an Insurer approved repairer at the time the Vehicle is collected following repair
8.1 The Renter shall pay the following charges, where applicable, in respect of the Booking and The Business shall collect such payment on behalf of the Owner and Insurer, acting in the limited capacity of authorised payment collection agent of the Owner and Insurer:
8.1.1 the Refuelling Charge, being the cost of refuelling the Vehicle, plus associated charges (see SCHEDULE OF CHARGES), where the Vehicle is returned with less fuel than the Owner supplied;
8.1.2 the Key Replacement Charge, being the full cost of replacing the keys to the Vehicle, plus a Key Replacement Administration Charge, if all or part of the Vehicle's keys are not returned to the Owner;
8.1.3 where applicable, the Locksmith Charge, being the full cost of a locksmith's attendance and work in the event that, for example, the keys are locked in the Vehicle;
8.1.4 the Condition Report Charge, being the administration charge applicable if the Renter fails to comply with the Renter’s responsibilities relating to reporting on the condition of the Vehicle as set out in clauses 7.2, 7.5 and 7.9, which is payable on request by The Business at or after the end of the Rental;
8.1.5 the Recovery Charge, being the full cost of recovery of the Vehicle and any additional costs associated with the Vehicle not being returned (including any vehicle holding costs, parking and compound charges) if the Renter fails to return the Vehicle to the Owner at the end of the Rental Period for reasons other than explicitly agreed in writing with The Business, the Owner and where relevant, the Insurer or Breakdown Provider under circumstances set out in clauses 13.1 and 13.4 below;
8.1.6 the amount of any loss or damage resulting from any breach of the Renter’s responsibilities set out in clause 7;
8.1.7 the fines and charges set out in clause 10 and all charges, fines and court costs for congestion charges, parking, traffic or other offences, including any costs which arise if the Vehicle is clamped, and any civil penalty payable relating to the Booking. The Renter must also pay the appropriate authority any fines and costs if and when the relevant authority demands this payment, and acknowledges that such obligations may be communicated to the Renter directly, or through The Business on behalf of the Owner or the relevant authority. In all cases, the Renter will also be liable for the Penalty Notice Administration Charge;
8.1.8 the excess mileage fee;
8.1.9 and any other charges due from the Renter according to the Terms and requested by The Business in accordance with the Terms.
8.2 The Business, acting in the limited capacity of authorised payment collection agent of the Owner and Insurer shall collect the Deposit before the start of each Rental Period as outlined in each Booking Confirmation. If the Vehicle is returned clean and undamaged and the Renter has not caused any damage to anybody else's person or property during the Rental Period, or otherwise incurred any fines, charges or penalties, The Business will refund the Deposit in full within 7 working days of the end of the Rental Period.
8.3 The Business may satisfy any charges which The Business, in its sole discretion, determines are due under these Terms (whether for the benefit of the Owner or otherwise) by retaining the corresponding amount from the Excess.
8.4 The Renter hereby authorises The Business, acting in the limited capacity of authorised payment collection agent of the Owner and Insurer, to collect any amounts for which the Renter is liable under these Terms by charging a credit or debit card, the details of which have been provided to The Business by the Renter. This may occur for example, in circumstances where the Excess has already been returned, or where the Renter’s liability exceeds the value of the Excess. The Business will inform the Renter on request of the reason for any charges that are collected in this manner.
8.5 The Business will inform the Renter promptly upon receipt or notification of any charge for which the Renter is liable under clause 9.1. Without prejudice to clause 9.3 the Renter must inform The Business within 72 hours of initial communication if the Renter intends to challenge or appeal to the competent authority against the fine, charge or penalty. In such cases, the Renter must keep The Business informed of the progress and outcome of the challenge or appeal. The Business is not obliged to offer any assistance to the Renter in undertaking the challenge or appeal, and may in its sole discretion impose a reasonable time limit on the Renter’s challenge or appeal, after which the Renter will be liable to pay the outstanding amount of the fine, charge or notice (together with any increases or related charges that may have accrued as a result of the challenge or delay) under these Terms.
8.6 The Renter will be liable to a Chargeback Administration Charge if he or she applies for a debit or credit card chargeback claim without reasonable cause, such charge to cover any chargeback fees, administrative and dispute costs incurred by The Business as a result of such claim.
8.7 The Renter shall be liable for the following fines and costs incurred during a Rental Period:
8.7.1 any and all traffic offence penalties including parking tickets, speeding fines, clamping fines, bus lane fines and compound charges; and
8.7.2 any tolls, fees or charges including but not limited to the Dartford crossing toll (‘Dart Charge’) and the London Congestion Charge, Clean Air Zone charges.
8.8 Wherever possible, it is the responsibility of the Renter to pay the relevant authorities directly. The Renter must provide a written report of any offences committed during a Booking to The Business and the Owner on return of the Vehicle.
8.9 In the case of speeding notices (and where otherwise obliged by law) the Renter acknowledges and agrees that The Business and/or the Owner may pass on the Renter’s details to the police or relevant authority, who may then contact the Renter directly.
8.10 The Renter will be liable for any parking charges incurred at the point of return, unless expressly agreed beforehand with the Owner or The Business.
8.11 In the case of a claim or call out initiated with the Insurer or Breakdown Provider, a Member is liable to a Condition Report Charge if found to have been in breach of The Business Terms with respect to the Booking.
8.12 In relation to each Booking the Owner hereby appoints The Business as the Owner’s authorised payment collection agent solely for the purpose of accepting any other charges payable by the Renter in accordance with these Terms.
8.13 The Business will pay to the Owner the allocation of any charge proceeds calculated in accordance with the Schedule of Charges.
8.14 Payments to the Owner will be made by The Business within 7 working days of the end of the Rental Period, to the bank account nominated by the Owner.
8.15 The Business will pass on the relevant portion of any administration charges due to a Member in respect of a Booking once they have been collected from the Renter incurring the charge, as set out in the Schedule of Charges.
8.16 The Owner acknowledges and agrees that The Business may, without limiting any other rights or remedies that The Business may have, set off any amounts received from the Renter in respect of any Booking, against any amounts payable by the Owner to either The Business or to the Renter, pursuant to these Terms.
8.17 The Owner acknowledges and agrees that the Owner is solely responsible for determining any personal tax liability as a result of the receipt of any income as a result of renting his or her Vehicle, and for any applicable tax reporting requirements. The Business does not provide or offer any tax–related advice to its Members.
8.18 The Owner acknowledges and agrees that the Owner is responsible for making their vehicle available on the Platform for at least 15 out of 30 days, in order to be eligible for participation in a Guaranteed earnings promotion.
9.1 The conditions of the Insurance Policy apply to all Bookings. Members should review the separate information on the Platform and the Insurance Policy documents, and be aware of any restrictions and exclusions which may apply. By applying for membership of The Business, you accept the conditions of the Insurance Policy and that they apply to all Bookings.
9.2 Once a Booking has been made, The Business will ensure the Insurance Policy is in effect covering the Vehicle for the duration of the Rental Period. The Insurance Policy only covers the Vehicle for the Rental Period and once the Rental Period is finished, the Owner’s normal insurance policy will again apply.
9.3 The Insurance Policy provides cover for loss or damage to the Vehicle but there are Excess amounts for which the Renter is personally responsible and which will apply to each incident or claim.
9.4 Third parties - there is a legal responsibility to have third party insurance for the Vehicle, and, as part of its Services, The Business has arranged for appropriate cover for the benefit of Members. This policy provides cover for damage up to £20 million for damage to third party property and legal obligations to third party claims for injury or damage to their property. Details of the policy limits and specific coverage details are available in the Insurance Policy documentation. The Renter will be responsible for any costs over and above such amount in respect of third party claims.
9.5 Own vehicle damage - where the Vehicle is damaged, lost or stolen during the Rental Period, the Renter shall be liable up to the amount of the Excess in relation to each separate incident, and any reasonable administration fees incurred by The Business which arise when dealing with these matters.
9.6 In the circumstances listed below, the Excess limit shall not apply and the Renter will be fully liable for all costs, claims, damages and expenses resulting in damage to, or loss or theft of the Vehicle. However, should an accident arise due to any of the events below you must still inform the Insurer:
9.6.1 the Vehicle has been used for an illegal purpose;
9.6.2 the Vehicle has been overloaded either by way of the number of persons carried or by the weight of goods carried;
9.6.3 the Vehicle has been modified in any way;
9.6.4 damage has been caused by hitting overhead or overhanging objects or spanning constructions;
9.6.5 damage has been caused by hitting low-level objects;
9.6.6 the Vehicle has been used for racing, speed testing or teaching someone to drive;
9.6.7 the Vehicle has been used off-road;
9.6.8 the Vehicle has been used for carrying fare-paying passengers;
9.6.9 the Vehicle has been used in a way that breaks other parts of these Terms or the limitations of the Insurance Policy;
9.6.10 the Vehicle has been used for a purpose for which a Owner needs an operator's licence if the Renter does not have one;
9.6.11 the Vehicle has been driven whilst Renter was under the influence of drink or drugs or could reasonably have been considered unfit to drive; or
9.6.12 the Renter has not taken all reasonable care of the Vehicle when parking it or not making sure that it was properly locked or has used the wrong fuel for the Vehicle.
9.7 The Insurance Policy arranged by The Business is designed not to prejudice or otherwise affect the Owner’s or Renter’s existing insurance but it is the obligation of both the Owner and the Renter to check this for themselves.
9.8 Where fully comprehensive insurance is not maintained by the Owner, then notwithstanding The Business's right to terminate the Owner’s membership of the Services, in the event of a claim, the Insurance Policy will revert to third party, fire and theft only in relation to the Owner’s Vehicle.
10.1 In the event of an accident the Renter must not admit responsibility unless advised to do so by the Insurer. The Renter should obtain the names and addresses of everyone involved, including witnesses, the third party insurance details in addition to other information as requested by our Insurer during the claim handling, and should also:
10.1.1 make the Vehicle secure;
10.1.2 tell the police without delay if anyone is injured or there is a disagreement over who is responsible; and
10.1.3 call the Insurer as stated on the Booking Confirmation.
10.1.4 Promptly complete the Accident Report Form
10.2 Damage caused to the Vehicle outside of the Rental Period, or any damage expressly stated to not be covered by the Insurance Policy, will not be covered by the Insurance Policy, and the Owner will be liable for all such damage. Unless an Extended Rental Period is agreed in accordance with these Terms, the Insurance Policy only covers the Initial Rental Period.
10.3 If an Owner becomes aware that their Vehicle has been damaged or stolen the Owner must contact The Business within 24 hours of the end of the Rental Period (or any Delay Period). Subject to the terms of the Insurance Policy, the Insurer may disregard notifications made after such time and absent of the Condition Report.
10.4 In the event of breakdown, the Renter will notify the Breakdown Provider and await assistance. They will also notify the The Business Help Team. It is the responsibility of the Renter to remain with the Vehicle, in a safe location, until assistance arrives. If the Renter abandons the Vehicle the Renter will be liable for the cost of returning the Vehicle to the Owner and may be liable for the full amount of any damage or theft that occurs. The Renter must not agree to incur any costs or the installation of any parts by the Road Assistance Provider (or otherwise) without the express prior consent of the Owner or The Business.
10.5 If the Vehicle is stolen during the Rental Period (or any Delay Period) the Renter must inform the police and The Business as soon as becoming aware of the theft.
10.6 If an Owner becomes aware the Vehicle has been left dirty to a level warranting a Cleaning Charge, the Owner must notify The Business within 24 hours of the end of the Rental Period (or any Delay Period).
10.7 The Owner is responsible for the maintenance of their Vehicle, and therefore is responsible for mechanical and electrical breakdowns. The Business offers roadside assistance for Renters during the Rental Period, but the Insurance Policy does not cover repairs related to breakdowns. However, if the Owner considers the Renter is responsible for a breakdown as a result of behaviour contrary to the terms of the Rental Agreement, the Owner can appoint an independent expert to prove this. After assessment by that expert, the responsibility for the breakdown will be determined. If the Renter is designated to be responsible for the breakdown, they will incur all repair costs related to the breakdown. In the event of a breakdown not resulting from a use contrary to the provisions of these Terms, the Renter may terminate the Booking and be reimbursed for the Rental Period not used by The Business within ten working days of the end of the Rental Period.
10.8 Normal wear and tear is an inherent part of using and renting out a Vehicle and the Owner is not protected against it with our Insurance Policy. The Owner is responsible for wear and tear, including but not limited to worn out mechanical parts like brakes, engine parts and suspension, as well as electronics failures. We also reserve the right to classify small damages to the interior and exterior of the Vehicle as wear and tear, including weathering of the paint or minor scuffing of the interior surfaces. We will support all Owners to make sure they receive compensation for any damage, but need to help define how this is different to normal wear and tear. The wear and tear definitions table below provides definitions for the benefit of all Members.
Wear and tear maximum dimensions (diameter)
>2.5cm or that leave exposed metal Paintwork removed
>2 dents on one panel, or any paintwork damaged (ie chips to paintwork)
>1.8cm or that leave exposed metal Paintwork removed
Micro scratches, no
field of vision impact
>Cracks or holes, any impact on field of vision
Alloys and Hubcaps
>>2.5cm or missing hubcap, cracked alloy
>2.5cm or broken parts, deep scratches, holes, burn marks
10.9 In the event of a puncture, the replacement tyre cost is shared equally by the Owner and the Renter unless caused by an abnormal wear and tear of the tyres, in which case the Owner is liable for all charges.
10.10 If the Vehicle has no spare wheel or device for repairing a puncture, the Owner is fully liable for the breakdown service costs for the Vehicle.
10.11 For airport rentals, in case of loss or theft of the key of the Vehicle during the Rental Period, the Renter shall be liable for the cost of the production of a new key to the Owner, and if the Owner specifically requests it, 50% of costs to change the lock cylinder and the complete set of keys. For other rentals from home based locations in case of loss or theft of the “dead key” of the Vehicle during the Rental Period, the Renter shall be liable for the cost of the production of a new key to the Owner.
12.1 The Business will install a telematics device in all Owner Vehicles at Airports. The relevant Vehicle listing will indicate that telematics is installed.
13.1 Once a Booking Confirmation has been issued, charges will apply if the Booking is cancelled by either Member with less than 48 hours notice.
13.2 The Member must cancel or amend any bookings via the Platform
13.3 The Renter may cancel a Booking by notification to The Business where, following the Renter’s inspection of the Vehicle prior to commencing the Initial Rental Period, the Vehicle is not roadworthy. In such cases, the Owner will be deemed to have cancelled the Booking and the Owner shall be liable for any applicable Cancellation Charges. Supporting evidence of the Vehicle's condition may be required by The Business before a refund is granted.
13.4 In the event a Booking is not cancelled in accordance with these Terms so the Renter will be liable for the Total Booking Fee, unless the Renter picks up the Vehicle within the Pick-up Grace Period unless the Renter is prevented from doing so by the actions of the Owner.
13.5 In the event of unforeseeable circumstances beyond the reasonable control of either Member, or other extenuating circumstances, including:
13.5.1 serious illness of the Renter, such that the Renter is unfit to drive;
13.5.2 natural disaster (including but not limited to fire and flood);
13.5.3 acts or restraints of governments or public authorities; or
13.5.4 war, riot, civil commotion or acts of terrorism.
13.6 The Business, may at its sole discretion, decide that it is appropriate to cancel the Booking. Each Member acknowledges and agrees that The Business will not have any liability to any Member for such cancellations and refunds.
13.7 If an Owner or Renter wishes to amend a Booking, the amendment must be ratified by The Business. The party requesting the amendment may be liable to an Administration Charge, and additional insurance charges and Rental Price may apply in the case of extensions.
13.8 Each Member accepts that The Business’s obligation to pay any Cancellation Charges, or other charges in respect of cancellation, is conditional upon successful receipt of the associated payments from the other relevant Member.
14.1 A Member may cancel their membership by notice in writing to The Business at any time.
14.2 Any Booking Confirmation already issued at the time of a Member cancellation shall be deemed to be a cancellation of the Booking by the Member, and so liable for cancellation charges.
14.3 The Business may suspend or terminate a Member's membership and/or access to the Platform at any time where the Member is in breach of these Terms.
14.4 Termination of membership will not affect the right of The Business to recover from a Member any money or goods owed pursuant to these Terms. Where a Member cancels their membership, The Business will not be obliged to delete or return to the Member any content they have posted to the Platform, including any reviews or feedback.
15.1 These Terms do not exclude or limit our liability (if any) for:
15.1.1 death or personal injury caused by Company's negligence;
15.1.3 fraudulent misrepresentation; or
15.1.4 any matter which it would be illegal for us to exclude or attempt to exclude.
15.2 We are only liable to you for losses which you suffer as a direct result of our breach of these Terms and which are reasonably foreseeable. We are not liable for any other losses including but not limited to loss of profits, contracts, goodwill or opportunity.
16.1 Other than as set out in these Terms the Platform is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Platform or the Services or any information, content, materials or products included or referenced on the Platform.
16.2 We do our best to ensure that the information accessed through the Platform is accurate and up to date but cannot guarantee that this will always be the case.
16.3 We aim to make the Platform available to you all the time but sometimes it may be unavailable due to maintenance or to factors outside of our control, such as your network connection.
16.4 We follow industry standards and processes to prevent the introduction of viruses, malware and malicious attacks that may harm the Platform or the device that you use to access the Platform, but we cannot guarantee that the application will be totally free from viruses and malware.
16.5 We do not guarantee that the Platform will be compatible with all hardware and software that you may use.
16.6 The Platform may contain links to third party webPlatforms or programs that are not controlled by us including the Partner Platforms. We are not responsible for the content, terms and conditions, offers or privacy policies of such Platforms and programs. Your dealings with third party Platforms including the Partner Platforms are solely between you and the applicable third party and you should read their terms and conditions and policies before using them.
16.7 As the Booking is between the Owner and the Renter, The Business shall not itself be liable nor vicariously for any failure of a Member to perform their obligations in relation to any Booking.
16.8 The Business will not be liable in respect of any damage to or theft or breakdown of any Vehicle, or any related costs, including but not limited to loss of income or loss of use, and whether directly or indirectly incurred by a Member or any other party.
17.1 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to European Car Rental Conciliation Service via their webPlatform at http://www.ecrcs.eu. European Car Rental Conciliation Service will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform..
18.1 These Terms shall be governed by and construed in accordance with English law and each party agrees to submit any dispute in relation to these Terms (whether contractual or non-contractual) to the exclusive jurisdiction of the courts of England.
19.1 Any notice or other communication given to The Business in connection with these Terms should be sent preferably by email to email@example.com or by post to Carandaway LImited, 1st Floor, 1 Holtspur Lane, Wooburn Green, High Wycombe, Buckinghamshire HP10 0AA.
The Business Admin
The Owner shall provide a clean vehicle and the Renter should return in the same condition as picked up.
Moderate condition: £30 charge
Poor condition: £100 charge
Pet hair / Smoking: £100 charge
Car returned with less fuel / charge when picked up
Cost of fuel / charge
Car keys not returned/lost
Cost of replacement / Any lost earning potential
Fees for processing Renter penalty/fines
Cost of fine paid by Renter
Late return of car (without prior Owner permission)
£25 per hour late
CONDITION REPORT CHARGE:
In the case of a claim or call out initiated with the Insurer or Breakdown Provider, an Owner / Volunteer Owner, Renter of Volunteer Driver are liable to a Condition Report Charge of £250 if found to have been in breach of these Terms with respect to the reporting of the Vehicle’s condition.
EXCESS MILEAGE FEE
£0.30p per excess mile driven
CANCELLATIONS by the Renter
Once a rental booking has been made and it is to start in more than 48 hours, you have 24 hours in which to cancel without charge
Any booking made that is to start in less than 48 hours, you have 6 hours in which to cancel without charge
CANCELLATIONS by the Owner
£25* *The Business will waive this fee if a renter makes another rental booking with the same host within a 24-hour period