The following terms and conditions, together with the Booking Confirmation, constitute the rental agreement (the “Agreement”) between you and Audi UK (together the “parties” and each a “party”) with respect to the rental of the Vehicle.
The parties agree as follows:
1. GLOSSARY OF TERMS USED IN THIS AGREEMENT
1.1 For the purposes of this Agreement, the following words and terms, whether used in their singular or plural form, shall have the following meanings:
“ABI" means Audi Business Innovation GmbH, Hochbrückenstraße 6, 80331 Munich, GERMANY;
“Audi on demand Hub” means the member of Audi UK’s authorised dealership network or other service provider who is appointed by Audi UK to, amongst other things, make the Vehicle available to you at the Start Location and receive the car at the Return Location and who for the purposes of this Agreement shall be acting as Audi UK’s sub-contractor;
“Audi UK” means Audi UK, a trading name of Volkswagen Group United Kingdom Limited a company incorporated under the laws of England and Wales with registered number 514809 and whose registered office is at Yeomans Drive, Blakelands, Milton Keynes MK14 5AN;
“Booking Confirmation” means the email(s) sent to you by the Website on behalf and in the name of Audi UK confirming your booking made through the Website, which, amongst other things, confirms the Rental Charge and the Rental Period for the Vehicle;
“Optional Accessories” means any optional accessories requested by you and which Audi UK (or the Audi on demand Hub) has agreed to provide for use with the Vehicle. The Audi on demand Hub may provide confirmation of rental of these items on Audi UK’s behalf in any practical manner, including listing them on the Vehicle Condition Report or sending you a separate email identifying the equipment;
“Payment Card” means your credit, debit or other payment card identified on your account profile on the Website and which may be updated from time to time by you online and that is used for holds ahead of bookings and following reservations will be charged for all applicable fees set out in this Agreement;
“Permanent Equipment” means all equipment that is issued to you with the Vehicle with the exception of any Optional Accessories (which may include items such as a spare wheel, vehicle safety kit, medical kit, phone charger leads etc.);
“Prohibited Use” means any of the situations set out in paragraphs 9.1 to 9.4;
“Reference Information” means any and all documents which identify the Vehicle’s Permanent Equipment, proper usage guidelines, and other general information for the safe and proper handling of the Vehicle (including Frequently Asked Questions page on the Website and the Vehicle’s Owner’s Manual). Such documents will be provided by or on behalf of Audi UK to you whether by electronic or paper means and whether by direct delivery, by posting on the Website, by leaving the information within the Vehicle at the beginning of the Rental Period, or by any other delivery mechanism;
“Rental Charge” means the fee (incl. VAT) charged by Audi UK for rental of the Vehicle during the Rental Period as set out in the Booking Confirmation, which is calculated by multiplying the Rental Rate by the length of the Rental Period;
“Rental Rate” means the rate for renting the Vehicle per day/hour as displayed when booking the Vehicle and used to calculate the Rental Charge;
“Rental Period” means your rental period for the Vehicle as indicated in the Booking Confirmation by the “Start” date and time until (and including) the “Return” date and time;
“Return Location” means the location confirmed by or on behalf of Audi UK as the location where you shall return the Vehicle at the end of the Rental Period as stated in the Booking Confirmation or such other location as is agreed by or on behalf of Audi UK pursuant to paragraph 4.1;
“Start Location” means the location confirmed by or on behalf of Audi UK as the location where the Audi on demand Hub shall make available the Vehicle to you at the start of the Rental Period as stated in the Booking Confirmation or such other location as is agreed by or on behalf of Audi UK pursuant to paragraph 4.1;
“Telematics Information” means the telematics information gathered by the Telematics Equipment (as defined in paragraph 16), relating to your (or any additional driver’s) use and driving of the Vehicle, including to London Congestion Zone entry, Dartford Toll Alert, high-speed driving, accident, harsh braking, harsh accelerating, low severity speeding, high severity speeding, vehicle fault warnings and driving outside the UK;
“Vehicle” means the vehicle, and any Permanent Equipment identified on the Vehicle Condition Report;
“Vehicle Condition Report” means the reports completed by the Audi on demand Hub and agreed by you before you take the Vehicle and when you return the Vehicle that confirms information about the Vehicle including fuel levels, mileage, cleanliness, damage and Optional Accessories;
“Website” means the Audi on demand UK website at www.uk.audiondemand.com; and
“you” or “your” means you, the person identified as the “Customer” on the Booking Confirmation.
1.2 Unless the context otherwise requires:
1.2.1 the headings of the paragraphs of this Agreement are for convenience only, are not part of this Agreement, and do not in any way limit, modify or amplify the terms and conditions of this Agreement;
1.2.2 references to statutory provisions include those statutory provisions as amended or re-enacted; and
1.2.3 references to "including" or "includes" shall be deemed to have the words "without limitation" inserted after them.
2. HOW AND WHEN A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN YOU AND AUDI UK
2.1 How a legally binding contract is formed - This Agreement will only become legally binding between Audi UK and you as described below. You do not have a right, nor is Audi UK obliged, to enter into this Agreement.
2.2 Placing a booking - The presentation of the Vehicle and associated rental services on the Website does not constitute a binding contractual offer by Audi UK. You make an offer to enter into this Agreement by completing the booking page in full and clicking the “Confirm booking with obligation to pay” button. Before completing the booking, you can check and modify the details you have entered into the booking and the payment method.
2.3 Audi UK’s acceptance of your offer - If the vehicle specified in your offer is available and Audi UK is willing to accept your offer, you will be sent a Booking Confirmation, at which point this Agreement will become legally binding between you and Audi UK.
2.4 What happens if Audi UK rejects your offer - If Audi UK does not accept your offer, you will be informed of this and you will not be charged. For example, this might be because the Vehicle is unavailable, because of unexpected limits on Audi UK’s (or the relevant Audi on demand Hub’s) resources, because you have failed to meet the criteria for renting the Vehicle (e.g. failing a driving licence check) or because Audi UK is unable to agree to the Start Location, Return Location and/or Rental Period specified by you.
2.5 Audi UK cannot guarantee the vehicle specified in your booking - You acknowledge and agree that any Booking Confirmation issued simply relates to the vehicle description at body style level (e.g. A3 Sportsback with minimum equipment and specific gearbox/transmission (Manual/Automatic) and fuel type (Diesel/Petrol)), but not to a particular vehicle or specification (e.g. a certain colour or specific type of engine), even if a vehicle registration number is provided in the Booking Confirmation. Although Audi UK will endeavour to supply you with the vehicle identified in the Booking Confirmation, this cannot be guaranteed in all situations. For example, it cannot be ruled out that the vehicle specified in the Booking Confirmation is available at the agreed time of handover because it has been damaged during use by a previous renter (which was not foreseeable at the time of booking).
2.6 QR Codes - Please note that the Booking Confirmation contains the QR code with encoded data related to your booking of the Vehicle. The QR code must be presented when collecting and returning the Vehicle.
3. YOUR RIGHT TO USE THE VEHICLE AND OPTIONAL ACCESSORIES
3.1 Your right to use the Vehicle and Optional Accessories – Provided that Audi UK accepts your offer pursuant to paragraph 2 and subject always to the terms, conditions and restrictions in this Agreement (including payment by you of the fees set out in paragraph 5), Audi UK grants you a limited right for you to use the Vehicle and any Optional Accessories during the Rental Period.
3.2 Ownership of the Vehicle - You acknowledge and agree that the Vehicle and any Optional Accessories are, by ownership, beneficial interest, rental or lease, the property of Audi UK, even if owned, registered or titled to a third party (which may include an Audi on demand Hub).
4. HOW TO COLLECT AND RETURN A VEHICLE
4.1 Agreeing the Start Location and Return Location - The Start Location and Return Location for the Vehicle will be confirmed as follows:
4.1.1 Requesting a Start and Return Location - You may request that the Start Location and/or Return Location for the Vehicle to be either the Audi on demand Hub or a location other than the Audi on demand Hub during the booking process.
4.1.2 The Start and/or Return Location is an Audi on demand Hub - Where you request the Audi on demand Hub as the Start Location and/or Return Location for the Vehicle, this will be deemed to be confirmed by Audi UK on issuing the Booking Confirmation unless otherwise specified by or on behalf of Audi UK.
4.1.3 The Start and/or Return Location is a location other than an Audi on demand Hub - Where you request a location other than the Audi on demand Hub as the Start Location and/or Return Location for the Vehicle, such request will be shown on the Booking Confirmation. Audi UK will review and consider your request against the delivery zone identified on the Website. In such circumstances:
a) Within 30 minutes’ drive-radius of the Audi on demand Hub - If you request a Start Location and/or Return Location within an estimated 30 minute drive-time radius of the Audi on demand Hub as determined by or on behalf of Audi UK (an “in zone” location), this will be confirmed by Audi UK to you by email and no further charge will be incurred for such delivery or return of the Vehicle.
b) Greater than 30 minutes’ drive-radius of the Audi on demand Hub - If you request a Start Location and/or Return Location further than an estimated 30 minute drive-time radius of the Audi on demand Hub as determined by or on behalf of Audi UK (an ‘out of zone’ location), then Audi UK is entitled to refuse the request. If, however, such request is approved by or on behalf of Audi UK, please note that you may incur an out of zone charge pursuant to paragraph 5.2.6.
4.1.4 Confirmation of an “in zone” or “out of zone” location - The “in zone” or “out of zone” Start Location and/or Return Location will be confirmed to you in an email sent by or on behalf of Audi UK. This confirmation email will supersede the delivery request identified in the Booking Confirmation.
4.2 Identity checks before receiving the Vehicle - Before you receive the Vehicle, Audi UK is required to check your identity and that you and any agreed additional drivers have valid driving licences covering the required categories for the Vehicle. You shall (and shall ensure any agreed additional drivers) cooperate with these checks and present the necessary ID and driving licence documents for checking, which may be carried out by an Audi on demand Hub on Audi UK’s behalf. If such checks are not carried out or passed to the satisfaction of Audi UK (or the Audi on demand Hub), Audi UK may cancel this Agreement without liability.
4.3 Where will the Vehicle be delivered and returned? - The Vehicle shall be delivered to the agreed Start Location by the Audi on demand Hub and the Vehicle shall be returned to the agreed Return Location by you, where it will be received by the Audi on demand Hub.
4.4 When should you collect and return the Vehicle? - You must collect and return the Vehicle at the agreed time specified in the Booking Confirmation at the Start Location and Return Location agreed pursuant to paragraph 4.1. The start and end of the Rental Period must be within the hours of operation of the Audi on demand Hub indicated on the Website booking page.
4.5 How to collect the Vehicle - The Vehicle will be deemed delivered at the time at which the Vehicle is handed over to you by the Audi on demand Hub and the QR codes sent to you for booking and on the Vehicle’s key fob are scanned by the Audi on demand Hub. If scanning the QR codes should not be possible (e.g. for technical reasons) Audi UK (or the Audi on demand Hub) is entitled to manually record the beginning of the Rental Period.
4.6 How to return the Vehicle - The Vehicle will be deemed returned at the time you return possession of the Vehicle (including the key fob) to the Audi on demand Hub and the QR code on the Vehicle’s key fob is scanned by the Audi on demand Hub. If scanning the QR code should not be possible (e.g. for technical reasons) Audi UK (or the Audi on demand Hub) is entitled to manually record the end of the Rental Period.
4.7 Returning the Vehicle to a location other than the agreed Return Location - If the Vehicle is returned to a location other than the agreed Return Location, Audi UK may charge you a vehicle recovery charge pursuant to paragraph 5.2.5.
4.8 Failing to return the Vehicle - If the Vehicle is not returned to the Return Location within 24 hours of the return date and time specified in the Booking Confirmation (or such other time as is subsequently agreed between you and Audi UK in writing), Audi UK may regard the Vehicle as being stolen and may report it to the police in accordance with paragraph 13 of this Agreement.
4.9 Extending your Rental Period – You may request an extension to the Rental Period by contacting Audi UK (or the Audi on demand Hub). Audi UK (or the Audi on demand Hub) will consider your request and notify you whether it is accepted or rejected. If your request is rejected, your Rental Period will remain unchanged and you must return the Vehicle on the date and time specified in the Booking Confirmation. If your request is accepted, you must return the Vehicle in accordance with this paragraph 4 at the new date and time that has been agreed with Audi UK (or the Audi on demand Hub). Please note, additional Rental Charges will be payable pursuant to paragraph 5.2.3 in the event of such extension.
5. WHAT AMOUNTS ARE PAYABLE BY YOU UNDER THIS AGREEMENT
5.1 Rental Charge – You agree to pay Audi UK the Rental Charge for the Vehicle, together with the agreed rental charge for any Optional Accessories (which you acknowledge, agree and authorise may be charged to the Payment Card).
5.2 Additional Charges – Depending on your use of the Vehicle, you may incur the additional charges listed below (which you acknowledge, agree and authorise may be charged to the Payment Card). You also acknowledge and agree that Audi UK may assign some or all of the debt owed by you for such charges to the Audi on demand Hub without notice to you:
5.2.1 Fuel charge – If you return the Vehicle with less fuel than the Vehicle was delivered with as identified on the Vehicle Condition Report, Audi UK may charge you an amount equal to the actual cost per litre of refuelling the Vehicle to the level it was delivered, as documented in the purchase receipt which can be made available to you by or on behalf of Audi UK if requested.
5.2.2 Excess – In the event of theft, loss or damage to the Vehicle, Audi UK may charge you up to the relevant excess stated in paragraph 7.4. The Vehicle Condition Report will be referenced as evidence for both you and Audi UK should the excess be incurred. A copy of the Vehicle Condition Report and any other associated evidence will be made available to you by or on behalf of Audi UK by email, on request. Damage not discoverable on an immediate visual inspection of the Vehicle will be added to the Vehicle Condition Report upon discovery and you shall remain liable for these.
5.2.3 Additional Rental Charge - If you keep possession of the Vehicle after the return date and time specified in the Booking Confirmation (whether or not an extension has been agreed pursuant to paragraph 4.9), Audi UK may charge you for such period until the Vehicle is returned in accordance with paragraph 4.6 at the Rental Rate. The Rental Rate will be pro-rated for any part day.
5.2.4 Late return charge – In addition to any additional Rental Charge pursuant to paragraph 5.2.3, if the Vehicle is not returned to the Return Location within 30 minutes of the return date and time specified in the Booking Confirmation or the extended return date and time agreed pursuant to paragraph 4.9, Audi UK may charge you a fixed charge of £50.00 (incl. VAT).
5.2.5 Vehicle recovery charge – If the Vehicle is collected by or on behalf of Audi (including by an Audi on demand Hub) at any location other than the Return Location, Audi UK may charge you a fixed charge of £25.00 (incl. VAT) plus £1.50 per mile for the return journey between the Audi on demand Hub’s location and the location the Vehicle is collected from.
5.2.6 Out of zone charge – If Audi UK agrees to your request for an “out of zone” Start Location or Return Location pursuant to paragraph 4.1.3b), Audi UK may charge you a fixed charge of £25.00 (incl. VAT) per Start Location or Return Location that is ‘out of zone’.
5.2.7 Incidental damage costs and expenses - Audi UK may charge you for any reasonable incidental costs or expenses incurred in respect of any damage to the Vehicle or its repair to the extent such costs or expenses are not recovered under policy of insurance covering the Vehicle, which may include the cost of towing, storing, or impounding the Vehicle or any administrative charges for inspecting the Vehicle.
5.2.8 Misfueling costs and expenses - If unsuitable fuel is used to refuel the Vehicle, Audi UK may charge you for all reasonable costs and expenses incurred in the repair of any damage that may be caused to the Vehicle.
5.2.9 Cleaning cost and expenses - If the Vehicle is not returned materially to the same state of cleanliness as it was provided to you, Audi UK may charge you for all reasonable costs and expenses for cleaning the Vehicle, plus the Rental Rate for the number of days that the Vehicle is unavailable for rental due to the cleaning process. Smoking is strictly prohibited in all vehicles, Audi UK may charge you a fixed charge of £150.00 (incl. VAT), should this policy be violated.
5.2.10 Enforcement costs and expenses – Audi UK may charge you for all reasonable costs and expenses incurred in the collection of amounts due under this Agreement in regaining possession of the Vehicle or in enforcing any term or condition of this Agreement against you, including Audi UK’s administrative fees, any lawfully allowed penalty fees for declined credit card charges and any reasonable legal and professional fees and disbursements.
5.2.11 Optional Accessories or Permanent Equipment Charges – If you fail to return, or damage, any Optional Accessories or Permanent Equipment, Audi UK may charge you for the cost to replace or repair such Optional Accessories or Permanent Equipment.
5.2.12 Cancellation Charge - If you cancel your Vehicle booking twenty four hours or less before delivery of the Vehicle, Audi UK may charge you a cancellation fee of £50.00 (incl. VAT).
5.3 Road charges and fines - You are responsible for the payment of all:
5.3.1 tolls, congestion charges and other road charges; and
5.3.2 fines, costs, and expenses (including legal and professional fees) for any legal violations and/or breaches of traffic rules (including parking, speeding, towing, storage or other costs),
relating to the operation of the Vehicle by you, any additional driver or any other person that you allow to operate the Vehicle. If Audi UK pays any of the amounts specified at paragraphs 5.3.1 or 5.3.2 (which it is not obliged to do) it may seek reimbursement of such amount from you (which you acknowledge, agree and authorise may be charged to the Payment Card).
5.4 Failure to collect the Vehicle - Your failure to collect the Vehicle does not relieve you of its obligation to pay for the Rental Charge.
6. HOW THE AMOUNTS OWED BY YOU ARE INVOICED AND PAID
6.1 Invoicing - You will be issued with an invoice by or on behalf of Audi UK in respect of any amounts owed by you under paragraph 5.1 and 5.2. All invoices will be due and payable upon issue. You consent to receiving invoices in electronic form by email.
6.2 Payment Card - All payments due or which may become payable under this Agreement may be required to be paid to, or collected by, Audi UK’s third party payments processor, heidelpay GmbH and/or heidelpay S.A. (or any successor to heidelpay GmbH and/or heidelpay S.A.) (the “Payments Processor”) and you hereby acknowledge, agree and authorise the Payments Processor to charge your Payment Card for all amounts due or payable under this Agreement.
6.3 Authorisation Hold against your Payment Card - You further authorise the Payment Processor to place an authorisation hold on the Payment Card for an amount equal to the Rental Charge and relevant excess stated in paragraph 7.4 between twenty four (24) hours and seventy two (72) hours prior to the start time of the Rental Period. You acknowledge and agree that the authorisation hold may be requested from the Payment Processor by the Audi on demand Hub acting on behalf of Audi UK, which may include the Audi on demand Hub contacting you to obtain an alternative payment card if your Payment Card is declined.
7. THEFT, LOSS OR DAMAGE TO THE VEHICLE AND THIRD PARTY COVER
7.1 Theft, loss or damage to the Vehicle - Audi UK (or the Audi on demand Hub) will arrange for cover for theft, loss or damage to the Vehicle provided that:
7.1.1 you meet the criteria specified in paragraph 7.2; and
7.1.2 you pay the relevant excess charge specified in paragraph 7.4.
7.2 Eligibility Criteria - For you to benefit from the cover specified in paragraph 7.1, you must meet the following criteria:
7.2.1 be within the age restrictions listed in paragraph 7.4 below;
7.2.2 have held a full and valid driving licence applicable to the vehicle for not less than twelve (12) months;
7.2.3 have no more than eight (8) penalty points on your current driving licence;
7.2.4 not have received a driving ban within the last three (3) years;
7.2.5 have no more than two (2) fault claims in the last three (3) years;
7.2.6 not have any prosecutions or police enquiries pending; and
7.2.7 not fall within any of the following professional restrictions:
b) non-UK armed forces;
c) full time students; or
d) sports personnel (whether professional, semi-professional or a full-time amateur).
7.3 What happens if you do not meet the eligibility criteria - If you do not meet any of the criteria in paragraph 7.2 or any other criteria or prerequisite specified by Audi UK from time to time, Audi UK may cancel the booking without consequence and return to you any amounts paid and you will remain fully liable for any theft, loss or damage to the Vehicle until it is returned to Audi on demand Hub in accordance with this Agreement.
7.4 Excess charge - The excess charge payable by you in the event of theft, loss or damage to the Vehicle is as follows:
UK Insurance Group: Groups 1-37
Minimum age to drive: 21
Excess Charge: -Five hundred pounds (£500) excess for age (21-24), -Two hundred and fifty pounds (£250) excess for age (25 and over)
UK Insurance Group: Groups 38-50
Minimum age to drive: 25
Excess Charge: Five hundred pounds (£500) excess for age (25 and over)
Details relating to each specific Vehicle can be found on the Website.
7.5 Third party cover - Audi UK is legally responsible to arrange for third party cover. This provides cover if you injure or kill a third party or damage their property when using the Vehicle. Please note damage to property is limited to five million pounds (£5,000,000).
8. ACCIDENTS AND MECHANICAL BREAKDOWN
8.1 Who to contact in the event of an accident - Any damage to, loss, or theft of a Vehicle must be immediately reported to the Audi on demand team in the UK, using the contact details provided in the Booking Confirmation or on the Website (on the Contact Us page) and, where applicable, the police.
8.2 Responsibility for damage or loss to a Vehicle where third party liability cannot be established - If damage or loss is caused to a Vehicle and third party liability cannot be established, the damage or loss is your responsibility.
8.3 Who to contact in the event of an mechanical breakdown - Twenty four (24) hour Audi roadside assistance coverage is included for mechanical and non-mechanical breakdowns and accidents relating to the Vehicle by contacting: 0800 699 9999. Details of coverage can be found on the Website.
8.4 Supply of another vehicle - If the Vehicle requires repair or replacement, the decision to supply another vehicle to you is at Audi UK’s sole discretion.
9. YOUR OBLIGATIONS IN RESPECT OF THE VEHICLE
9.1 Vehicle Condition - You agree:
9.1.1 that Audi UK is required to check your identity and any additional drivers before handing over the Vehicle to ensure that you and the additional drivers have a valid driving licence covering the required categories. You agree to (and ensure the additional drivers agree to) cooperate with these checks and to present the necessary ID and driving licence documents for verification. Such identity checks may be carried out by the Audi on demand Hub on Audi UK’s behalf;
9.1.2 that you received the Vehicle and any Optional Accessories in good physical and mechanical condition except as otherwise identified on the Vehicle Condition Report completed before you take the Vehicle and any Operational Accessories;
9.1.3 to check the Vehicle’s fuel level and battery level before it is handed over and, if they are lower than agreed, to have this noted on the Vehicle Condition Report by the Audi on demand Hub;
9.1.4 that you shall not pass the Vehicle or any Operational Accessories on to any other person unless expressly agreed by Audi UK;
9.1.5 that you are renting the Vehicle and any Optional Accessories “as is” and have had an adequate opportunity to inspect the Vehicle and any Optional Accessories before taking possession of the Vehicle;
9.1.6 to exercise all reasonable care and skill when using the Vehicle and any Optional Accessories;
9.1.7 not to smoke or permit any other person to smoke in the Vehicle;
9.1.8 to protect the Vehicle against theft, including closing the windows, the doors and roofs/sun roofs when leaving the Vehicle and locking it properly;
9.1.9 to refill the Vehicle with the correct type of fuel;
9.1.10 to maintain the Vehicle in a manner consistent with the guidelines contained in the Reference Information, including using the proper type of fuel;
9.1.11 not modify or alter the Vehicle or any Optional Accessories in any way (whether visually or technically), including by removing any seats from the Vehicle;
9.1.12 to return the Vehicle and any Optional Accessories in the same condition and state of cleanliness as received and with the same tyres as delivered to you by the Audi on demand Hub on or before the return date or upon demand by Audi UK;
9.1.13 not to have the Vehicle or any Optional Accessories repaired without permission from Audi UK (or the Audi on demand Hub) and follow all instructions and directions given by Audi UK (or the Audi on demand Hub) in respect of such repair; and
9.1.14 if the Vehicle or any Optional Accessories cease to operate properly, to promptly contact the Audi on demand Hub to report the issue and follow their instructions (for the Audi on demand’s contact details please refer to the FAQ page on the Website) or, where appropriate in an emergency, promptly contact Audi Roadside Assistance on 0800 699 999.
This paragraph shall not impact or in any way limit your statutory rights including those under the Consumer Rights Act 2015.
9.2 Prohibited Uses - The Vehicle shall not be used:
9.2.1 by any person other than you or an additional driver approved by Audi UK. Further, you shall not transfer or deal in any other manner with all or any of its rights or obligations under this Agreement and shall not sublease the Vehicle;
9.2.2 for transporting persons or property for hire, as a common carrier, or for driving lessons, driver tests or any type of advanced driving courses or any other commercial purpose; or
9.2.3 for any illegal purpose or in an unsafe or reckless manner or manner in which the Vehicle was not ordinarily designed for, including:
a) participating in a speed contest, race, competition, motorsport event or endurance event (or any event or similar undertaking) or using the Vehicle, in any manner, on a race track, training ground, circuit or off road;
b) transporting a number of passengers in excess of the available number of seat belts, passengers outside the passenger compartment, loads in excess of the Vehicle’s gross vehicle weight rating, or loads consisting of hazardous materials or pollutants;
c) operating the Vehicle for taxi journeys, for demonstrations or rallies or as an advertising medium;
d) making any visual or technical changes to the Vehicle or carrying out any repairs to it;
e) operating the Vehicle while under the influence or alcohol, drugs or any other substance which may impair your consciousness or ability to react; or
f) for towing or pushing any objects.
9.3 Operating the Vehicle - You shall ensure the Vehicle is not operated:
9.3.1 off-road, on trails or on unpaved roads;
9.3.2 outside of the United Kingdom (unless your Start Location or Return Location is the Channel Islands, in which case, outside of the Channel Islands); or
9.3.3 by any person who has provided false information to Audi UK (or the Audi on demand Hub) or who is not in possession of a valid driver’s licence (e.g. by not having the required category of driving licence to use the Vehicle).
9.4 Compliance with the law - You agree to use the Vehicle according to: (1) the laws England and Wales if you use the Vehicle in England and Wales; (2) the laws of Scotland if you use the Vehicle in Scotland; and (3) the laws of Northern Ireland if the Vehicle is used in Northern Ireland.
10. YOUR PERSONAL INFORMATION
10.2 Personal information shared by ABI with Audi UK, as well as any Telematics Information or personal information you provide to Audi UK directly, will be processed in accordance with Audi UK’s privacy notice, which shall be made available to you through the Website at the time of booking.
10.3 You promise to Audi UK that:
10.3.1 any personal information you provide to ABI or Audi UK, through the Website or otherwise, is accurate and complete;
10.3.2 you shall obtain written consent from any additional driver before providing any personal information about that driver to ABI or Audi UK (through the Website or otherwise), and shall provide a copy of ABI’s and Audi UK’s privacy notices to that driver when requesting such consent. You will notify Audi UK immediately in writing if any additional driver whose consent you have obtained withdraws their consent; and
10.3.3 you shall notify Audi UK and ABI and shall amend the profile information in your account on the Website immediately in the event of changes to your or any additional driver’s personal information, including to your or their name, address, email address, driving licence or Payment Card used in connection with this Agreement and the rental of Vehicles. If you or any additional drivers change the details on your or their driving licence between the date of your Booking Confirmation and start date of the Rental Period, you (and any additional driver, if applicable) must present a second form of ID in addition to that driving licence at the start of the Rental Period to verify your or their identity, whether or not you have updated your profile information.
11. HOW TO AMEND OR CANCEL YOUR BOOKING
11.1 Amending your booking - You may amend your reservation by cancelling and rebooking online via My Bookings (or, when such functionality becomes available, by logging into your account on the Website). Queries related to amending bookings can be made by contacting the Audi on demand team using the contact details provided in the Booking Confirmation or on the Website.
11.2 Cancelling your booking - You may cancel a reservation through the Website. You have the right to cancel a reservation without charge up to twenty four (24) hours prior to delivery of the Vehicle. If you cancel the reservation within twenty four (24) hours of delivery of the Vehicle, Audi UK may charge a cancellation charge pursuant to paragraph 5.2.12.
12. WHEN THIS AGREEMENT CAN BE TERMINATED
12.1 Audi UK’s right to terminate - Audi UK shall have the unilateral right to terminate this Agreement immediately if:
12.1.1 any Prohibited Use occurs, regardless of whether or not it is your fault;
12.2 Your right to terminate – You may immediately terminate this Agreement where you have a legal right to end this Agreement because of something that Audi UK has done wrong.
12.3 Other rights and remedies available to Audi UK - Audi UK’s exercise of its right to terminate under paragraph 12.1 shall not limit Audi UK’s exercise of any other right or remedy provided by law or this Agreement.
13. HOLDING ON TO THE VEHICLE LONGER THAN YOU ARE ENTITLED TO
13.1 Recovering the Vehicle - If you continue to operate the Vehicle after your right to do so has ended or is terminated, Audi UK has the right to notify the police that the Vehicle has been stolen and will take all lawful means to recover the Vehicle (which may include repossessing it or applying for a Court Order requiring you to return it and/or pay an amount equal to the Vehicle’s market value). You hereby give Audi UK permission (and cannot withdraw it) for Audi UK (or those authorised on its behalf) to access your premises for the purpose of repossessing the Vehicle provided Audi UK (or those authorised on its behalf) do not use unreasonable force. You hereby release and discharge Audi UK from, and agree to fully reimburse and pay Audi UK for any liabilities, costs (including all legal and professional costs), charges, fees it incurs as a result of such notice and action.
14. AUDI UK’S RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 Your personal property in the Vehicle - Any personal property kept in the Vehicle is at your own risk. Audi UK and the Audi on demand Hub is not responsible for any damage or loss due to theft of any personal property during the Rental Period.
14.2 Audi UK is responsible to you for foreseeable loss and damage that it causes - If Audi UK or the Audi on demand Hub fails to comply with the terms of this Agreement, Audi UK is responsible for loss or damage you suffer that is a foreseeable result of Audi UK or the Audi on demand Hub breaking this Agreement or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Agreement was made, both Audi UK and you knew it might happen.
14.3 Statutory Rights - Nothing in this Agreement limits your statutory rights including those under the Consumer Rights Act 2015. In addition Audi UK does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Audi UK’s negligence or the negligence of its employees, agents or subcontractors (including the Audi on demand Hub); for fraud or fraudulent misrepresentation; for breach of your consumer rights in relation to the Vehicle; and for defective products under the Consumer Protection Act 1987.
14.4 Audi UK is not liable for business losses - Vehicles may only be rented by you for domestic and private use and Audi UK will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. YOUR OBLIGATION TO REIMBURSE AUDI UK
15.1 Reimbursement - You shall fully reimburse Audi UK for all losses, liabilities, damages, injuries, claims, demands, costs, legal and other professional fees and other expenses incurred by Audi UK or the Audi on demand Hub arising from the use of the Vehicle or Optional Accessories by any person, including claims of, or liabilities to third parties. You and/or Audi UK (or the Audi on demand Hub) may present an insurance claim for such events or losses, but in any event, you shall have final responsibility to Audi UK for all such losses.
16.2 Interference with Telematics – You shall not tamper, adjust or otherwise interfere with the Telematics Equipment or the Telematics Information (or its transmission).
17. OTHER IMPORTANT TERMS
17.1 Reliance on the terms of this Agreement - Audi UK intends to rely on the written terms of this Agreement and any document expressly referred to in it. Audi UK and you will be legally bound by the terms of this Agreement.
17.2 Events or circumstances beyond Audi UK’s reasonable control - If Audi UK is prevented or delayed from complying with its obligations under this Agreement (or the Audi on demand Hub acting on behalf of Audi UK) by anything you (or anyone acting on your behalf) do or fail to do or due to events or circumstances beyond Audi UK’s (or the Audi on demand Hub’s, as applicable) reasonable control, its inability or delay in performing its obligations will not be treated as Audi UK breaching the terms of this Agreement.
17.3 If a court finds part of this Agreement illegal, the rest will continue in force - Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.4 Audi UK may transfer this agreement to someone else - Audi UK may transfer its rights and obligations under these terms to another organisation (including an Audi on demand Hub).
17.5 Even if Audi UK delays enforcing this Agreement, it can still enforce it later - If Audi UK does not insist immediately that you do anything you are required to do under these terms, or if Audi UK delays in taking steps against you in respect of you breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent Audi UK taking steps against you at a later date.
17.6 Nobody else has any rights under this Agreement - This Agreement is between you and Audi UK. No other person shall have any rights to enforce any of its terms. Neither you nor Audi UK will need to get the agreement of any other person in order to end the Agreement or make any changes to these terms.
17.7 Which laws apply to this Agreement and where you may bring legal proceedings - These terms are governed by English law and you can bring legal proceedings in respect of this Agreement in the English courts. If you live in Scotland you can bring legal proceedings in respect of this Agreement in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of this Agreement in either the Northern Irish or the English courts. None of the terms and conditions in this Agreement affect your rights as a consumer to rely on mandatory provisions of the law of the country in which you live.
17.8 Alternative dispute resolution - 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 Audi UK has handled any complaint, you may want to contact the alternative dispute resolution provider used by Audi UK. You can submit a complaint to British Vehicle Rental and Leasing Association via their website at www.bvrla.co.uk/advice/consumer-advice. The British Vehicle Rental and Leasing Association will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.