The definitions and rules of interpretation in this Clause apply in these Terms and Conditions ("Terms").
1.1. “Additional Driver” means a person authorised to drive a Vehicle that has been hired through the Application or Services, at the request of the Driver, and has been registered on the Application by the Driver.
1.2. “Application” shall mean any Karzoom applications for mobile, tablet and other smart devices and any related application program interfaces.
1.3. “Content” means any material or information you may post, upload, publish, submit, transmit, or include on the Application or Services.
1.4. “Customer” means a person who has a valid Karzoom Account and has made a Vehicle reservation on the Site, Application or Services.
1.5. “Driver” shall mean a Karzoom Account holder who hires a Vehicle through the Application or Services or for the purpose of the Terms, or an Additional Driver that has been registered by the Driver.
1.6. “Driver Profile” shall mean the Drivers or any Additional Drivers circumstances that enable them to be assessed against the insurance requirements as detailed in these Terms.
1.7. “Driver Requirements” shall mean any requirements applicable to Drivers, as specified in these Terms.
1.8. “End Date” means the date on which the Vehicle is returned or collected as set out in the Rental Agreement, or such other date as we define (e.g. where there is an early or late return of that Vehicle);
1.9. “Excess Mileage” means the surplus mileage by which the Actual Mileage exceeds (on a pro rata basis) the Estimated Annual Mileage;
1.10. “Fleet Driver” means any Driver or Additional Driver that has been approved by the Dealer in writing to provide their own comprehensive motor insurance for themselves and for any Additional Drivers in accordance with Clause 15.1.
1.11. “Karzoom Account” means a registered account with the Site, Application or Services, as specified in Clause 5.
1.12. “Insurance” means the policy of insurance arranged by Karzoom, as described in Clause 15.
1.13. “Listing Requirements” means the details required to be provided in any Vehicle rental listing, as specified by Karzoom from time to time.
1.14. “Dealer” shall mean a registered franchised dealer who makes a Vehicle available for rental through the site, Application or Services with the approval of Karzoom.
1.15. “Force Majeure Event” means an act of God or any other event beyond a Party’s reasonable control, including lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial dispute (including an industrial dispute involving that Party’s own employees where that industrial dispute is beyond the reasonable control of that Party), terrorist act, act of Government, a refusal or delay by a third party in supplying Vehicles or Vehicle services to us in circumstances where there is no alternative service available at reasonable cost or restrictions of a legislative or regulatory nature (whether anticipated on the date of this Agreement, or not), the consequences of which such Party can neither prevent nor avoid.
1.16. “Individual” means an individual person.
1.17. “Losses” means damages, losses, liabilities, claims, actions, penalties, costs (on a full indemnity basis) including the cost of legal and other professional services (legal costs being on an agent/client paying basis) and expenses and out of pocket disbursements properly incurred), proceedings, demands and charges whether arising under statute, contract or at common law or otherwise and including any tax thereon, in each case of whatever nature and Loss shall be construed accordingly;
1.18. “End Date” means the date on which the Vehicle is returned or collected as set out in the Rental Agreement, or such other date as we define (e.g. where there is an early or late return of that Vehicle);
1.19. “Rental Agreement” shall mean the agreement between the Rental Provider and the Karzoom Account holder for the provision of a rental vehicle in accordance with these Terms.
1.20. “Rental Location” shall mean a Dealer location where Vehicles are made available for rental; by physical collection and return of the Vehicle and/or through Vehicle drop off and collection services;
1.21. “Rental Month” shall mean each 28 day period during which a Vehicle is rented by a Driver;
1.22. “Individual” means an individual person;
1.23. “Rental Period” shall mean the period during which a Vehicle is rented by a Driver (including any authorised extension to the rental period) and any further period where the Driver fails to return the Vehicle to the Dealer or does not make the Vehicle available for collection, as described in Clause 6.
1.24. “Services” shall mean a Dealer to Driver Vehicle rental service platform that is made available through the Site or Application.
1.25. “Site” means www.karzoom.co.uk.
1.26. “Start Date” means the commencement of the Rental Period as set out in the Rental Agreement or such later date as we define (e.g. where there is a delay in providing that Vehicle to you);
1.27. “Software” means the proprietary software in machine readable object code form, provided as part of the Telematics Services;
1.28. “Subscription” means the provision of Vehicle rental services to Account Holders on a one month to three month basis, but not exceeding 85 days;
1.29. “Telematics Device” means a telematics device supplied in order to provide the Telematics Services;
1.30. “Telematics Services” means the provision of telematics services via a software delivery model in which software and associated data are centrally hosted and described in Clause 18;
1.31. “United Kingdom” means England, Scotland, Wales and Northern Ireland
1.32. “Vehicle” means any Vehicle made available for hire/rent/subscription through the Site or Application.
2. THESE TERMS AND CONDITIONS
2.1. Karzoom Limited (trading as “Karzoom”) (“we”, “us”, “Karzoom”) provides a Dealer to Consumer Vehicle rental service platform (the “Services“). The Services are accessible through Karzoom’s website for personal computers, mobile, tablet and other smart devices (collectively, the “Application“), and further details can be found at www.karzoom.co.uk (the “Site”).
2.2. These are the Terms and Conditions (the “Terms”), on which we supply Services to you (“I”, “you”, “Driver”, “Account Holder”). Please read these Terms carefully before you use the Services. These Terms tell you who we are, how we will provide Services to you, what to do if there is a problem and other important information and are part of your Rental Agreement. You are responsible for ensuring that any Additional Drivers you have added to the Rental Agreement or any passengers that you allow in the Vehicle observe these Terms.
2.3. The Site, Application and Services comprise a platform through which Dealers may create listings for Vehicle rental services, which Drivers may benefit from, for the listed fees.
2.4. Karzoom is not a party to any agreement entered into between a Dealer and a Driver, nor is Karzoom an agent, underwriter or insurer. Karzoom has no control over the Dealers, Drivers and other users of the Site, Application and Services, and disclaims all liability in this regard to the fullest extent permitted by law.
3. INFORMATION ABOUT US
3.1. We are Karzoom Limited (trading as “Karzoom”) a company registered in the United Kingdom. Our company registration number is 12081675 and our registered office is at Upton Lovell, 329 Oldfield Road, Altrincham, WA14 4QT.
3.2. You can contact us through the Site. If we have to contact you we will do so by writing to you at the email address or postal address you have provided to us or by telephone. If you need to contact us directly, you may also use our customer support email which is email@example.com.
3.3. The defined Terms (“Definitions”) apply to these Terms. When we use the words “writing” or “written” in these Terms, this includes emails.
4. OUR SERVICES
4.1. By using the Site, Application or Services, you agree to comply with and be legally bound by these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services, and constitute a binding legal agreement between you and Karzoom.
4.3. By using the Site, Application or Services, you are indicating that you have read, and that you understand and agree to be bound by these Terms whether or not you have registered with the Site, Application or Services. If you do not agree to these Terms, you have no right to continue using the Site, Application or Services. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
4.4. The Site, Application and Services can be used to facilitate the booking of Vehicle rental services. If you wish to avail of any Vehicle rental services you must register to create a Karzoom Account during your first booking or be registered as an Additional Driver by a Driver with a Karzoom Account.
4.5. Karzoom is not a Dealer or operator of any Vehicles made available for rental in the Services, nor does Karzoom rent, re-rent, sell, resell, provide, rent, manage and/or control Vehicles or transportation or travel services. Unless explicitly specified otherwise, Karzoom’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
4.6. We may have to suspend the availability of the Site, Application and Services to:
4.6.1. deal with technical problems or make minor technical changes; or
4.6.2. update the Services to reflect changes in relevant laws and regulatory requirements, or
4.6.3. update our service offering.
5. KARZOOM ACCOUNTS
5.1. To access certain features of the Services, you must sign up for an account with us (a “Karzoom Account”) by providing us with your email address and other information as required from time to time.
5.2. Subject to any restrictions on Drivers set out in Clause 8, the Site, Application and Services are intended solely for persons who are twenty-three years of age or older. Any attempt to open a Karzoom Account by anyone under twenty-three years of age is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are eighteen years of age or older.
5.3. To open a Karzoom Account you must provide true and accurate information as is required in any registration form. You further acknowledge that you shall regularly update such information to keep it true and accurate. You shall provide your email address and contact number and you will keep these details up-to-date so that both Karzoom and Dealers can communicate with you. You will be provided with a Karzoom Account password on your first Vehicle reservation and we require that you keep this password confidential.
5.4. You are also required to provide true and accurate information for any Additional Driver as is required in any registration form.
5.5. Karzoom may in its sole discretion use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Karzoom to request, receive, use, and store such information.
5.6. For the duration of this Agreement, Karzoom through third party services will monitor a Driver’s continued compliance with the Driver Requirements as defined in these Terms.
5.7. Karzoom may accept or reject your application to become a Driver in its sole and absolute discretion.
5.8. You as the Karzoom Account holder acknowledge that:
5.8.1. You are wholly responsible for all activity conducted on the Karzoom Account, for all Content provided through your Karzoom Account and for all fees incurred through your Karzoom Account;
5.8.2. It is wholly your responsibility to notify us of any unauthorised or suspected unauthorised access to your Karzoom Account through the contact methods made available through the Services. In certain circumstances, we may temporarily disable part or all of a Karzoom Account if you report such unauthorised use or we detect unusual Karzoom Account activity; and
5.8.3. You acknowledge that we reserve the right to remove or suspend part of a Karzoom Account at any time if we deem it to be in breach of these Terms or engaged in inappropriate activity.
6. THE VEHICLE RENTAL PROCESS
6.1. Karzoom provides a Dealer to Driver, Vehicle rental platform in which Dealers make their Vehicles available to rent via the Services to Drivers.
Summary Information for Drivers:
6.2. When a Driver chooses to rent a Vehicle through the Services, the Driver shall be carrying out the following steps:
6.2.1. Select a Rental Location via the drop-down menu;
6.2.2. Select your preferred Vehicle class for rental or select ‘Any Vehicle Class’;
6.2.3. Select the start date required for the Vehicle (this must be 7 days in advance of your selected Rental Period) and the period you wish to hire the Vehicle (the “Rental Period”) and then press ‘Search’;
6.2.4. Select a Vehicle to rent from the Vehicles available to rent;
6.2.5. Once you have confirmed the Vehicle to be rented and the Rental Period, proceed to the next step in the reservation process;
6.2.6. It should be noted that for Individuals, the minimum Rental Period is 28 days, to a maximum of 85 days, meaning that there is a short-defined period for the rental of the Vehicle (and a set end date to the rental, being the Return Date of the Vehicle) as set out in the Rental Agreement or as otherwise agreed between us in writing, provided that the Rental Period shall not exceed 85 days.
6.2.7. Select any added options the Dealer may supply such as collection and drop off services (“Optional Services”) or adding any Additional Drivers so that they are authorised to drive the Vehicle. Please note that certain options are at the Dealer’s discretion and may incur additional charges where applicable;
6.2.8. Enter your personal details as required by the Site to create your Karzoom Account, alternatively log in with your email and password if you have previously created a Karzoom Account;
6.2.9. You will confirm your consent to Karzoom carrying out checks including but not limited to driver licence checks, credit checks and fraud prevention checks using your personal data as requested and provided by you during the website booking process. Where you wish to include Additional Drivers in the hire, you confirm you will obtain the prior consent of such Additional Drivers to allow Karzoom to carry out such checks using their data as provided by you;
6.2.10. Where the Rental Location provides a customised drop off and collection service (where available), you must provide the required address (“Collection Address”). This address must be within the stated mileage or serviced region of the Rental Location selected. Some of our Dealers will only provide a drop off and collection service to the Driver’s home address – this will be stated where applicable;
6.2.13. We will also ask for your permission to communicate with you on other matters such as Karzoom offers, Karzoom news and other relevant updates – your permission is at your discretion.
The Rental Process
6.2.14. On the first day of the Rental Period, the Karzoom Account holder/Driver should arrive at the stated Rental Location (or agreed Collection Address) at the agreed time (start of the Rental Period).
6.2.15. If the Vehicle is subject to a drop off service, Karzoom or the Dealer will confirm a four (4) hour delivery window no less than 24 hours before delivery;
6.2.16. The Driver(s) must present the following to the Dealer or the agent delivering the Vehicle prior to the Vehicle being released to you:
a) A valid UK or EU Driving Licence in the name of the Driver(s) or other Driving Licence where approved in advance by Karzoom;
b) Confirmation email with booking reference for the Vehicle rental;
c) The Credit Card used for the payment of the Vehicle rental which must be in the name of the Karzoom Account holder/Driver.
6.2.18. The Rental Agreement will then be emailed to the Driver’s email address that is associated with their Karzoom Account. Karzoom and the Dealer will also be notified by email. If a paper version was signed further to Clause 6.2.16, the electronic version will note that a paper version has been signed and an image of the signature will be attached thereto).
6.2.19. We will contact you no less than 7 days prior to the Return Date as set out in the Rental Agreement and you will be required to:
a) return the Vehicle or allow the Vehicle to be collected by the Return Date in accordance with the Terms of your Rental Agreement;
b) complete an exchange of Vehicle and enter into a new Rental Agreement in respect of the new Vehicle (on the Terms set out therein), or;
c) enter in to a new Rental Agreement in respect of the Vehicle (on the Terms set out therein which may have different Rental Fees, or other Terms, to the previous Agreement based on matters including the condition and mileage of the Vehicle). Notwithstanding the provisions of this Clause 6.2.19 c), we may, in our absolute discretion, exercise our rights under Clause 19 Change of Vehicle, and/or may require you to follow the process described in a) or b) above. If a new Rental Agreement is being entered into for the Vehicle, then the following process will be followed to include: (a) Recording the mileage of the Vehicle and adhering to the requirements of Clause 16.1.6; (b) Stating the condition of the car and adhering to the requirements of Clause 6.2.17; and (c) Providing us with any changes to your Driver Profile that may impact the provision of insurance in adherence with the requirements of Clause 15.
d) extend the agreement in accordance with Clause 6.2.21 and Clause 6.2.22 subject to any one Rental Period (including any extensions to that Rental Period) not exceeding 85 days in total in accordance with Clause 6.2.6)
6.2.20. The options available under Clause 6.2.19 b), c) and d) will not be available 4 days or less prior to the Return Date, unless approved by Karzoom in writing.
6.2.21. If the Driver wishes to extend the Rental Period, the Driver must request an extension (“Extension”) by contacting us as soon as possible (and no less than 5 days prior to the Return Date) to confirm whether an Extension is possible and the applicable charges. Those charges must be paid before the Extension of the Rental Period is authorised. Failure to extend the Rental Period without prior authorisation and the associated payment of the Rental Fees will, subject to Clause 14, make the Driver subject to late return charges as detailed in these Terms.
6.2.22. No Extension of the Rental Agreement is allowed where there is a change in the Driver or Additional Drivers circumstances that will impact their Driver Profile for insurance purposes. In this case, a new Rental Agreement will have to be requested in accordance with 6.2.19 c).
6.2.23. The Driver agrees that if an Extension to the Rental Agreement is authorised, that they remain bound by all Terms agreed as part of the original Rental Agreement. The Driver also agrees to share any change in circumstance (Driver or any Additional Driver) that would change their insurance profile as part of any Extension request.
6.2.24. The Driver is required to return the Vehicle in the same condition as when the Driver took receipt of it, and with the agreed level of fuel in the Vehicle (note – the Driver should return the Vehicle with no less fuel than when the Vehicle was collected to avoid any fuel costs being charged in accordance with these Terms). For the avoidance of doubt, where an electric vehicle (“EV”) is provided to the Driver, the Vehicle should be returned with the equivalent battery level as when the Vehicle was first collected.
6.2.25. At the conclusion of the Rental Period, the Driver will return the Vehicle to the agreed location at the specified time. Both parties will conduct another “Walk Around” and inspect the condition of the Vehicle, checking off the condition of the Vehicle, recording the return mileage and the return fuel level. Photographs of the Vehicle will be taken so as to record the condition of the Vehicle on return and will be further detailed on the Rental Agreement. In the event the Vehicle has incurred damage, been returned without sufficient fuel, needs to be valeted or the mileage is over the agreed limit for the Rental Period, the Dealer will record this information via the Application and you will remain liable for any applicable Additional Charges and any associated Administration Charges and you provide your express permission to charge these costs against your Credit Card or as a charge against your Security Deposit.
6.2.26. If the Vehicle is subject to a collection service, Karzoom or the Dealer will confirm a four (4) hour collection window no less than 24 hours before collection.
6.2.27. In the event the Driver is dis-satisfied with the outcome of the Rental, they may open a complaint by contacting Karzoom via the Contact Us page at www.karzoom.co.uk.
6.2.28. If an Additional Driver is added to the reservation at a later stage (via a booking amendment), they may not drive the Vehicle until they have been validated and authorised by Karzoom, which takes a maximum of 48 hours to complete and paid any additional charges that may be applicable.
6.2.29. Where we find that the Driver has become liable for any costs, fees or charges under these Terms or for a failure to comply with these Terms, we reserve the right to charge the Credit Card used by the Driver or as a charge against your Security Deposit for those costs, fees or charges along with any associated Administration Charges.
6.2.30. We may ask the Drivers to provide feedback and a review of the applicable Dealer/Vehicle and provide a score rating on their experience. By accepting these Terms, you explicitly confirm your agreement for Karzoom to contact you for that feedback.
7. VEHICLES TO RENT
7.1. Dealers registered with Karzoom may list “Vehicles To Rent” on the Site (listings).
7.2. Karzoom Account holders will be able to rent a Vehicle via the Application and Services. This will be based upon the information provided in each Dealer’s listing. You understand and agree that once a Vehicle has been rented through the Site and Application, you may not negotiate with the Dealer an alternative price unless this has been agreed with Karzoom in advance.
7.3. Subject to Clause 11, if a Karzoom Account holder makes use of the Services, any agreement entered into with the Dealer is between the Dealer and the Account holder and Karzoom is not a party to it.
7.4. Karzoom does not endorse any Dealer, listing or any rental services made available through the Application or Services.
7.5. Subject to Clause 11, by using the Site, Application or Services, all parties (Karzoom Account holders and Dealers) agree that any legal remedy or liability that you seek to obtain for actions or omissions of another party or other third parties will be limited to a claim against that particular party or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Karzoom with respect to such actions or omissions.
8. USER COMMITMENTS
8.1. We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Application or Services.
8.2. The views expressed by other users of the Application or Services do not represent our views or values.
8.3. You Agree that you will not, nor advocate, encourage, request or assist any third party to:
8.3.1. violate any law, including any local, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights;
8.3.2. post false, inaccurate, misleading, defamatory, or libellous content;
8.3.3. infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Karzoom, or that comes from the Services and belongs to another Karzoom user or to a third-party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Karzoom;
8.3.4. dilute, tarnish, or otherwise harm the Karzoom brand in any way, including:
8.3.5. make unauthorised use of Karzoom and/or user Content;
8.3.6. registering and/or using Karzoom or derivative Terms in domain names, trade names, trademarks, or otherwise;
8.3.7. registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Karzoom domains, trademarks, taglines, promotional campaigns, or Karzoom and/or user content;
8.3.8. provide or submit any false information, including but not limited to a false name, date of birth, driver’s license, payment method, credit card, insurance, or other personal information;
8.3.9. a claim, or respond to a claim (for example about damage to a Vehicle), with false or misleading information;
8.3.10. book or drive any Vehicle without a valid Driver’s License;
8.3.11. register for a Karzoom Account on behalf of an individual other than yourself;
8.3.12. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
9. KARZOOM CREDITS & DISCOUNTS
9.1. Karzoom Account holders may from time to time be offered Karzoom credits or discounts for services purchased from Karzoom or for successful referrals to Karzoom. Karzoom discounts may also be offered to new customers of Karzoom.
9.2. Karzoom credits and discounts may be deducted from the Vehicle rental costs up to the value of the points or discounts applied to your account.
9.3. Karzoom credits and discounts are not redeemable against any optional services offered along with the Vehicle being rented.
9.4. Karzoom credits and discounts must be used within a 6-month period whereupon they will expire from your account.
9.5. Karzoom reserves the rights to modify or cancel this promotion at any time and without notice.
9.6. Karzoom points and discounts cannot be combined with any other promotional offers, and only Karzoom Account holders in good standing (not suspended or closed) are eligible to receive this promotion.
9.7. Karzoom reserves the right to any remedy, including denial of credits or discounts or cancellation of your account or reservations, if fraud, tampering, violations of the Karzoom Terms, or technical errors are suspected.
10. DRIVER REQUIREMENTS
10.1. In order to avail of any Vehicle rental services made available through the Application and Services, the Driver represents to Karzoom and any Dealer that the Driver shall at all times comply with the Driver Requirements.
10.2. Karzoom reserves the right to reject any attempt by any person to register as a Driver (or Additional Driver). Any Driver who fails, or subsequently ceases, to comply with the Driver Requirements undertakes to notify Karzoom, and any Dealer who has accepted a future Vehicle rental(s) from them, that they are no longer available to fulfil such rental(s). Any Vehicle rental(s) made in respect of any person who has not been successfully registered as a Driver, or has been de-registered as a Driver, or no longer meets the Driver requirements shall be deemed to have been cancelled by the Driver.
10.3. The Vehicle must not be driven by anyone other than the Driver or any Additional Driver and then only under the condition that the Driver’s or Additional Driver’s ability to drive is not in any way impaired by mental or physical incapacity or restricted by the law.
10.4. The Driver shall be responsible for:
10.4.1. taking care of the Vehicle and keeping it in good repair and condition;
10.4.2. using the Vehicle in a responsible manner and in particular, only for the purposes for which it is intended;
10.4.3. carrying out any checks (including engine oil level, tyre pressure, etc.) that a reasonably prudent driver would carry out when using a Vehicle;
10.4.4. not making any modifications or repairs to the Vehicle during the Rental Period;
10.4.5. paying any fines, parking tickets, tolls for which the Driver may be liable for or incur (failure to settle any outstanding fines/tolls or associated costs will be charged back to the Driver’s credit or debit card at time of booking);
10.4.6. using the correct fuel type in the Vehicle;
10.4.7. securing the Vehicle safely when not in use, including using any alarm or immobilisation system provided in the Vehicle;
10.4.8. returning the Vehicle (and all provided keys) to the agreed place on the date and time as indicated on the Application or Services;
10.4.9. returning the Vehicle with a similar amount of fuel that was in the Vehicle when collected by the Driver.
10.4.10. Ensuring that no person travelling in the car including the Driver themselves, smokes in the Vehicle (including electronic cigarettes). If smoking does occur, the Driver will be liable for additional valeting charges from the Rental Location and a Karzoom Administration Charge.
10.5. The Driver will be liable for any offence committed during the Vehicle Rental Period which relates in any way to the Driver’s use of the Vehicle during the Rental Period. Upon the request of any police force or any official body, Karzoom retains the right to transfer your personal data as required.
11. USING THE SERVICES
11.1. You warrant and represent that under no circumstances will you use the Site, Application or Services for any of the following:
11.1.1. You will only register for one Karzoom Account and you will not register for a Karzoom Account on behalf of an individual other than yourself;
11.1.2. You will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
11.1.3. You will not use the Site, Application, Services to source direct Vehicle rental services and then complete a Vehicle rental service with a Dealer independent of the Site, Application or Services, in order to circumvent the obligation to pay any fees related to Karzoom’s provision of the Services or for any other reasons;
11.1.4. You will not use the Site, Application or Services to do anything unlawful, misleading, malicious, or discriminatory or do anything that could disable, overburden, or impair the proper working or appearance of the Site, Application or Services;
11.1.5. You will not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; or
11.1.6. You will not distribute viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
11.2. You will not facilitate or encourage any violations of these Terms or our other policies.
11.3. The Site, Application or Services are provided on a “as is” or “as available” basis. We make no representations or warranties of any kind, whether express or implied, as to the operations of the Site or the Application, the information, content, materials, or Services offered on the Application or Site.
11.4. You acknowledge that all users of the Site, Application or Services do so at their own risk and accept that they may be exposed to content that they may deem inappropriate or contrary to these Terms.
11.5. You have a legal right to access the information we hold about you, to ask for any personal data to be corrected, modified, blocked or removed. You have a right to ask for an explanation of the data processing and further rights set out in the applicable data privacy laws to the extent this is necessary to ensure the fair processing of your data. You also have the legal right to object to the processing of such information for compelling and legitimate reason. To access this information, please contact us at firstname.lastname@example.org We may ask you to pay a subject access request fee if the law allows us to do so.
11.6. At any stage you may opt out of receiving Karzoom related electronic notifications in relation to the Services by requesting for your Karzoom Account to be closed.
11.7. At any stage you may opt out of receiving electronic Karzoom news and marketing notifications by notifying Karzoom by contacting us by email at email@example.com.
11.8. All Drivers and any other user of the Site, Application or Services agree to release and hold Karzoom and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
11.8.1. your misuse of the Site, Application or Services or breach of these Terms;
11.8.2. the use, condition or rental of any Vehicle by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such rental.
12. FEES AND PAYMENT
12.1. The total cost of Vehicle rental payable by the Driver is made up as follows:
12.1.1. The cost for the selected Vehicle for the Rental Period (the “Rental Fee”).
12.1.2. Any fees related to Optional Services selected by the Driver as detailed on the Application or Site (“Optional Service Fees”) e.g. Drop Off and Collection Services.
12.1.3. VAT where applicable.
12.2. In order to reserve the Vehicle, you must first pay the Rental Fees and any Optional Service Fees for the first Rental Month as detailed in the Reservation Email in accordance with Clause 6.2.12. This payment link will expire in 48 hours from the time of issue.
12.3. Payments for subsequent Rental Months will be taken no less than 7 days before the commencement of each subsequent Rental Month via the Driver’s Credit Card and you expressly give Karzoom authorisation to take that payment.
12.4. Where an Account Holder enters their Credit Card details on the System, Karzoom will (and the Account Holder agrees to) take a security deposit against that credit card of £500 (“Security Deposit”), to cover any additional charges (“Additional Charges”) that may be incurred, including but not limited to Alloy Wheel damage, Fuel charges, Valeting charges, Unpaid toll charges, Fines, Late Return fees and Excess Mileage charges in accordance with these Terms. If any charges or fees arise after the release of the Security Deposit, the Account Holder authorises Karzoom to charge the same credit card via Karzoom’s payment gateway partner for any such costs arising in accordance with these Terms. A list of Additional Charges is provided below (plus VAT where applicable):
12.4.1. Alloy Wheel Damage – £100 per wheel
12.4.2. Fuel Charges – £2.20/litre
12.4.3. Valeting – between £40 and £60
12.4.4. Unpaid toll charges – actual cost
12.4.5. Fines – actual cost
12.4.6. Late Return fees – the equivalent rental day rate
12.4.7. Excess mileage – £0.35 per mile
12.5. Certain fine types cannot be transferred for liability, due to the issuing authority. For these charges we will pay any penalty charges that are notified to us. We will not query any such penalty charges, nor will we notify you prior to any payment. All costs incurred will be passed to you in line with this Clause 12. Currently this impacts the following (but may also be applicable for other fines):
12.5.1. Congestion Charges
12.5.2. Humberbridge Tolls
12.5.3. M50 Tolls
12.5.4. Railway by Law fines
12.5.5. TFL ULEZ
12.5.6. Tyne Tunnel
12.6. You acknowledge that during the currency of this Agreement and for the purposes of the criminal law generally, including the Road Traffic (Owners Liability) Regulations 2000, the Road Traffic Offenders Act 1988 and the Road Traffic Regulations Act 1984. you shall be liable as the owner of the vehicle, under the terms of this Agreement for any offenses committed by you or any other persons authorised by you to drive the vehicle. This will include: speeding charges, Bus Lane violations, congestion charges, Toll charges, Penalty Charge Notices, any private parking charges and any similar charges.
12.7. Where Additional Charges are incurred by the Driver, Karzoom reserves the right to (and the Account Holder accepts) charge an administration charge (“Administration Charge”), in addition to those Additional Charges that have been incurred, against the Driver’s credit card following the Rental Period as follows (plus VAT where applicable):
12.7.1. Alloy Wheel Damage (not part of insurance claim) – £10 charge
12.7.2. Valeting Charge (including smoking) - £10 charge
12.7.3. Roadside Assistance (non-mechanical failure) - £30 charge
12.7.4. Tolls, Fines, Parking & Other Charges - £30 per fine/charge
12.8. If the Vehicle is seized by any authority you shall pay any civil penalty, restoration and repatriation charge plus costs we incur based on our reasonable and proper costs incurred in releasing the Vehicle, and a loss of income charge whilst we cannot rent out the Vehicle.
12.9. Vehicle recovery and repair charges will be payable for recovering the Vehicle and any loss or damage that occurs if we reasonably consider that an accident has been caused by failure to take proper care, deliberate misuse or a failure to comply with these Terms by you, any Additional Driver and/or any unauthorised driver, and/or if the insurance does not apply or is invalidated as a result of any such act or omission.
12.10. Accessories and keys not returned with the Vehicle, we will charge you to replace such items.
12.11. For business users, the total cost of the Vehicle rental, associated Security Deposit, Additional Charges and any Administration Charges may be paid via other means (e.g. direct debit or bank transfer) rather than Credit Card where agreed in advance.
13. Cooling off period
13.1. If, and only if, the Customer has acted as an individual (including sole traders) acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession and this Agreement has been completed without any face-to-face contact between us and you, or anyone acting on your or our respective behalf, you may give notice to cancel this Agreement within 14 days without giving any reason.
13.2. This cancellation period will expire 14 days after the day on which your reserve a Vehicle. To exercise this right to cancel, you must inform us of your decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email) to our address as set out overleaf.
13.3. No Vehicle can be provided within these 14 days. If you request a Vehicle within this 14 days period you will lose all rights of cancellation
14. CANCELLATION AND VEHICLE COLLECTION & RETURN
14.1. If a Karzoom Account holder creates or accepts a rental on the Services, they commit to honouring it. The fees that will be charged if a booking is cancelled (the “Cancellation Fee”) are an estimate of the losses likely to be incurred by any breach and are designed to minimise the disruption caused to either party and are automatically applied.
14.2. If a Driver cancels a rental:
14.2.1. more than 14 days before commencement of the Rental Period (but outside of any cooling off period), a Cancellation Fee of £15 will be charged to cover the costs incurred of administering the initial booking, collecting the initial payment and administering a refund; or
14.2.2. less than 14 days before commencement of the Rental Period, a Cancellation Fee will be charged equivalent to one Rental Month plus the fees for any Optional Services selected at the time of making the reservation along with any mandatory charges related to your specific reservation; or
14.2.3. during the Rental Period, you will be liable to pay a Cancellation Fee calculated as follows:
a) the fees associated with the current Rental Month plus a notice period of one Rental Month (subject to the fees never exceeding what would have been payable for the entire Rental Period); plus
b) any Optional Services selected at the time of making the reservation for the remaining period defined in 13.2.3 a) and other charges arising in accordance with these Terms including any mandatory charges related to your specific reservation.
14.3. If you are cancelling a Rental Agreement, you must contact us to arrange for the Vehicle to be returned to the Rental Location or the Collection Address as defined in the Rental Agreement, with no less than 5 working days’ notice. If the Vehicle is being collected, you shall ensure that such Vehicle is available for collection on the agreed date with you in writing. In each case, the Rental Period does end until such time as the Vehicle is returned in accordance with Clause 6 and the payment of any Cancellation Fees in accordance with Clause 14.
14.4. Notwithstanding any other Clause in these Terms, Karzoom reserves the right to cancel a rental of a Vehicle. Where any such a cancellation occurs (other than for a breach of these Terms by the Driver or Additional Driver), Karzoom will refund the Driver all fees charged for the reservation in full or for any Rental Period remaining that has not been taken, whichever is the lower. However, Karzoom will not be responsible for any other costs or losses (direct or indirect) incurred as a result of that cancellation.
14.5. If a Driver is more than 120 minutes late to collect the Vehicle at the commencement of the Rental Period or does not collect the Vehicle during the Rental Location’s opening hours on the first day of the Rental Period, the Driver may not be entitled to collect the Vehicle until the next working day. The Driver will not be credited for any lost rental days arising from their late arrival.
14.6. If we attempt to deliver a Vehicle to a location specified by you at a time agreed in writing on the Start Date, and you are not available to receive the Vehicle, we reserve the right to charge you for all costs incurred by us in any failed delivery attempt. In addition, you will remain liable for all Rental Fees from the Start Date of the Rental Period even though you have not taken physical delivery of the Vehicle. We will use reasonable endeavours to contact you and arrange an alternative suitable delivery date. If you fail to take delivery of the Vehicle within a period of ten (10) working days from the Start Date, we shall be entitled to terminate the Rental Agreement and charge you a Cancellation Fee as set out in this Clause 14.
14.7. If we attempt to collect a Vehicle from you at a location specified by you at a time agreed in writing on the Return Date or as otherwise at the end of the Rental Period and you are not available (or are otherwise unable) to return the Vehicle for any reason whatsoever (a “Failed Collection Attempt”), we reserve the right to charge you for all costs incurred by us in connection with the Failed Collection Attempt. In the case of a Failed Collection Attempt you will continue to incur charges for each Rental Day on which you retain possession of the Vehicle after the date of the Failed Collection Attempt until such Vehicle is successfully returned to us. We will use reasonable endeavours to arrange another suitable collection date.
14.8. If a Driver is more than 60 minutes late in returning a Vehicle to the designated Rental Location or arrives outside of the Rental Location’s opening hours, the Driver will be subject to additional charges for the late return of the Vehicle on a day rate basis. In these circumstances, the Dealer and the Driver may refer any dispute to Karzoom to investigate the circumstances of the rental and any additional fees to be charged against the Driver’s Credit Card.
14.9. If a Driver does not bring their UK/EU (or other country as approved by Karzoom) Driving Licence, their email booking confirmation and the Credit Card used to make the reservation, the Dealer will not able to proceed with the rental of the Vehicle, and the Driver is not entitled to a refund of any fees paid and unless these documents are provided, the reservation will be treated as a cancellation in accordance with these Terms.
14.10. If the Dealer is more than 60 minutes late in making the Vehicle available from the agreed Rental Location at the commencement of the Rental Period, the Driver is permitted to cancel the booking and receive a full refund.
14.11. If, at the commencement of the Rental Period, the Vehicle does not comply with any of the Vehicle Requirements, the Driver may cancel the booking, provided that proof of the Vehicle’s non-compliance with the Vehicle Requirements is provided to Karzoom by the Driver. In such circumstances, the Driver is entitled to a full refund of the fees paid. This Clause does not apply if in the opinion of Karzoom, the Dealer has provided an alternative Vehicle to the Driver for the period of the Rental Period.
14.12. The actual Vehicle that will be made available to the Driver will be allocated on the day of Vehicle collection. If for whatever reason the Vehicle brand/class/model that was reserved by the Driver is not available for whatever reason, the Dealer will make available a Vehicle of a similar class or above at no extra cost to you.
14.13. If there is a missed payment for any reason or the Driver or Additional Driver no longer meets the Driver Requirements (Clause 10) and/or the Insurance Terms (Clause 15) as defined in these Terms, we reserve the right to immediately cancel the Rental Agreement and arrange for the collection of the Vehicle and we will charge you the associated costs for collecting that Vehicle in accordance with these Terms.
15. INSURANCE TERMS
15.1. The following terms apply to all Drivers/Additional Drivers other than those Fleet Drivers who have obtained their own comprehensive motor insurance for themselves and for any Additional Drivers (as it remains your responsibility to ensure you are adequately covered by a motor insurance policy). Any 3rd party insurance must be pre-approved by the respective Dealer in writing. Relevant insurance excess charges may apply. If the Driver does not have comprehensive motor insurance through Karzoom, it is the Driver’s responsibility to obtain comprehensive motor insurance for themselves and to ensure any Additional Drivers are covered by such motor insurance policy (or are covered by their own motor insurance policy). If the Fleet Driver chooses to use an alternative comprehensive policy, this must be confirmed as acceptable by the respective Dealer in writing.
15.2. Where a Vehicle is rented through the Application or Services (subject to Clause 15.1 above), Karzoom will arrange for the Vehicle and Driver(s) to be added to the policy of insurance (“Insurance”) arranged by Karzoom for the benefit of the Dealer whose Vehicle is the subject of the hire.
15.3. You confirm that You and any Additional Drivers meet the Insurance Terms as follows:
15.3.1. You and any Additional Driver are either aged 23 or above inclusive (at the time of commencing the Vehicle rental), and you have a full, valid UK or EU Driving Licence which permits you to drive in the UK. Other Driving Licences will be considered by request and subject to acceptance by the Insurance underwriters. The only exception to this is for the MOKE, which requires a minimum age of 30 and that a full, valid UK or EU Driving Licence has been held for a minimum of four (4) years.
15.3.2. You and any Additional Driver must be a tax resident in the UK.
15.3.3. You and any Additional Driver have had no more than 2 Claims in total over the last 3 years as follows:
a) No more than 2 Non Fault Claims in the last 3 years.
b) No more than 1 Fault Claim in the last 3 years.
15.3.4. You and any Additional Driver have not accumulated at the time of reserving or driving the Vehicle more than 6 Conviction/Penalty points.
15.3.5. You and any Additional Driver have none of the following conviction codes on your driving licence in the past 5 years: AC, BA, CD, DD, DG, DR, MR, MS, TT, UT.
15.3.6. You and any Additional Driver have none of the following conviction codes on your driving licence in the past 3 years: IN*, LC.
15.3.7. You and any Additional Driver understand the following are excluded under this policy: Professional sportspersons, Members of the entertainment profession, Models, Itinerant Workers, Unemployed.
15.3.8. You and any Additional Driver confirm that, if you have any health condition or disability that could affect your ability to drive safely, you have notified the DVLA, and the DVLA has authorised you to drive.
15.3.9. You and any Additional Driver have given consent for Karzoom to carry out a driving licence check and you understand that should you incur any pending or new endorsements or restrictions during or prior to the period of rental, failure to inform Karzoom immediately may invalidate the Insurance.
15.3.10. You accept that these Terms also apply to any authorised Additional Driver.
15.4. Our assumptions about You and any Additional Driver in arranging Insurance in accordance with these Terms include:
15.4.1. You and any Additional Driver have advised the DVLA or DVA of any notifiable illness or disability and they have agreed to the issue of a licence.
15.4.2. Neither You nor any Additional Driver has any unspent criminal convictions for fraud, or any other offence (excluding motoring offences) for which they were given a prison sentence (including where this was suspended). If a conviction is ‘spent’, you don’t need to tell us about it. If you’re not sure if a previous conviction is spent, independent assistance is available for convictions in England and Wales at www.disclosurecalculator.co.uk or by calling Unlock’s helpline on 01634 247350 (calls may be recorded and charges may apply). For convictions in Scotland: www.mygov.scot. For convictions in Northern Ireland: www.nidirect.gov.uk.
15.4.3. Neither You nor any Additional Driver has been previously refused insurance or had a policy cancelled.
15.4.4. You and any Additional Driver will only use the Vehicle for Social, Domestic and Pleasure purposes including commuting to and from work and Class 1 Business Use only.
15.4.5. You agree to indemnify the Dealer for the following policy excess amounts in the event of an Insurance claim:
a) Applicable to Vehicles with a market value less than £50,000:
· Accidental Damage excess - £1,000
· Fire and Theft Excess - £1,000
· Windscreen Excess - £250
b) Applicable to Vehicles with a market value between £50,000 to £100,000:
· Accidental Damage excess - £2,500
· Fire and Theft Excess - £2,500
· Windscreen Excess - £500
15.4.6. This policy excess will be collected from you and processed by the Dealer. If you do not pay the Dealer, Karzoom may seek to recover that payment via the Account Holder’s Credit Card held with our payment gateway partner plus any applicable Administration Fee. Any amounts paid will be refunded by the Dealer if recovered from a third party. You acknowledge the policy does not cover your personal effects or your own personal injury, which remain at your own risk.
15.4.7. The Rental Fees applicable to any Driver or Additional Driver may be adjusted during the Rental Period if there is or has been a material change in the underwriting criteria during the period of insurance. If such an event occurs, the Account Holder agrees and accepts that the Rental Fees will be adjusted for from the date on which that event arose via a rate adjustment in the Rental Agreement, such fees being collected in the next payment cycle. Such changes in underwriting criteria include, but are not limited to:
a) a change of address;
b) a Driver or Additional Driver convicted of a motoring offence and acquiring penalty points on their Driving Licence;
c) poor Driver Performance as defined in Clause 18.
15.5. Where an Account Holder is required to pay an Insurance excess due to an incident leading to damage to the Vehicle, this will be payable to and be the responsibility of the Dealer to collect that Insurance excess from you. If the Account Holder does not pay that insurance excess when requested, Karzoom will attempt to collect that amount on the Dealer’s behalf using the Credit Card details held with Karzoom’s payment gateway partner if so requested by the Dealer.
15.6. If the cost of any repair is less than the Insurance excess, the Account Holder will be refunded any remaining balance.
15.7. If the Insurance excess is recovered from any third party’s insurers, the Account Holder will receive a full refund of the Insurance excess.
15.8. The Driver is permitted to use the Vehicle in the United Kingdom. The full policy cover is also extended to include any European Economic Area country, Andorra, Gibraltar, Iceland, Liechtenstein, Monaco, Norway, San Marino, Switzerland and the Vatican City for any period of up to 30 days, for a maximum period of 90 days in any 12 month period, subject to requesting this at the time of making the reservation along with the associated Optional Service Fees.
16. OTHER RENTAL CONDITIONS
16.1. Each Driver and Additional Driver accepts that each Dealer rents this Vehicle (via the Karzoom Application or Site) subject to the following conditions:
16.1.1. The Vehicle is insured on a comprehensive basis from the time it is collected by you or delivered to you, whilst it is in your custody and control and until such time it is returned by you to the Dealership or Dealership representative.
16.1.2. You accept full responsibility for any uninsured loss or damage however such loss or damage is caused. In the event of an accident you will report the incident immediately to the Dealership and will complete an accident report form at the Dealership. Any necessary repair work will be carried out by the Dealership and will paid by you upon receipt of invoice (e.g. alloy wheel damage).
16.1.3. You accept that any motoring or traffic offences, toll or parking charges, penalties and fines arising in relation to the Vehicle for the duration of the rental are my sole responsibility under the Road Traffic Regulation Act 1984, the Road Traffic Offenders Act 1988, and/or any subsequent relevant legislation. You will indemnify the Dealership forthwith for any penalties, fines, legal fees, cost, interest or other charges paid by them in relation to any such motoring or traffic offences or toll or parking charges. You irrevocably agree to any such charges including any applicable Administration Fee being charged to You and for Your details to be passed to the relevant third party.
16.1.4. Your rental includes 1,000 miles per Rental Month – other mileage limits may apply where these have been purchased as part of the reservation process and this will be detailed on your Rental Agreement. You will not drive the Vehicle more than your mileage allowance unless by prior agreement. If you do, you will accept the applicable charges as detailed in these Terms.
16.1.5. We reserve the right to monitor throughout the Rental Period your actual mileage (“Actual Mileage”) (whether this is via information given by or requested from you or at any time we have contact with the Vehicle, for example for a service or repair or collected via a Telematics Device) and compare this against your Estimated Annual Mileage. In the event that your Actual Mileage exceeds or is likely to exceed (on a pro rata basis) the Estimated Annual Mileage, we reserve the right to:
a) invoice you for the Excess Mileage retrospectively at the end of the Rental Period already expired, such sum as set out in these Terms for every mile the Actual Mileage exceeds the Estimated Annual Mileage (on a pro rata basis); or
b) adjust your Estimated Annual Mileage for the remainder of the Rental Period to reflect your Actual Mileage and therefore adjust the Rental Fees accordingly for the remainder of the Rental Period.
16.1.6. You will not enter into any other agreement with any third party to further hire or loan the Vehicle.
16.1.7. You understand the Vehicle's controls, agree not to disengage any of the passive safety features and to leave it secured at all times with the keys removed. You understand failure to do so will invalidate the insurance policy and in the event of a loss you shall become liable for the full value of the Vehicle.
16.1.8. You agree not to use the Vehicle for track or off-road purposes.
16.1.9. You will not smoke (or allow others to smoke) in the Vehicle or allow animals in the Vehicle and you will return the Vehicle in a clean and serviceable condition. If there is evidence of smoking you will be liable for the applicable valeting charges and any associated administration charge.
16.1.10. You will pay any charges for loss/damage as a result of not using the correct fuel.
16.1.11. If applicable, you agree to register and pay for any days the Vehicle will operate in the congestion zone (including any additional ultra-low emission zone “ULEZ” charges) in London or any other congestion zone which may apply in accordance with Congestion Charge Law.
16.1.12. If requested by us on reasonable notice you will make the Vehicle available for inspection, service or repair work.
16.1.13. You will not use the Vehicle for towing any trailer or other vehicle, even if the Vehicle is equipped to do so.
17. ACCIDENTS AND BREAK DOWNS
17.1. If a Driver is involved in any accident during the Rental Period, the Driver must:
17.1.1. Not admit responsibility to any third party. If you admit responsibility, it may be harder for the Dealer to recover costs and for us to reimburse you your policy excess;
17.1.2. Exchange contact details with every individual involved in the accident, including witnesses and passengers;
17.1.3. Take any photographs of the accident to the extent possible;
17.1.4. Contact our insurance partner by phone on 01908 300 490 (Fleet Drivers should contact their own insurance provider);
17.1.5. If the Vehicle is not safe to driver, make it as secure as possible;
17.1.6. Report the accident to the police and get a police report for crime reference number; and
17.1.7. notify Karzoom by email at firstname.lastname@example.org at the earliest convenience.
17.2. In the event of a mechanical failure, the roadside assistance for the rental Vehicle is provided free of charge, the contact details of which are detailed on your Rental Agreement. Under no circumstance should you attempt to repair the Vehicle yourself or have a third party repair the Vehicle.
17.3. If you need roadside assistance for any other reason, we will try and arrange this for you but you will have to pay for all associated costs including, but not limited to:
17.3.1. Vehicle recovery and any associated call out costs;
17.3.2. Vehicle repair costs;
17.3.3. Loss of use;
17.3.4. Any related Administration Charges;
17.3.5. Any costs of taking you and your passengers to another location; and
17.3.6. Fuel (or battery charge for EV’s).
17.4. By signing the Rental Agreement, you expressly give Karzoom authorisation to take payment for the above costs and to charge your credit card accordingly along with any applicable Administration Charge.
17.5. In the event you need roadside assistance, you must use the contact information as detailed on your Rental Agreement and notify Karzoom by email at email@example.com at the earliest convenience.
18.1. This Clause is only applicable where an insurance policy is provided in accordance with Clause 15.2 above.
18.2. All Vehicles are supplied with Telematics devices which is a requirement of our insurance partner, Zego and all costs for including the installation and operation of the Telematics unit is included in the Rental Fee. Zego’s insurance requires that your vehicle’s telematics data be shared and accessed by us, Zego and the Dealer
18.3. You may not postpone or cancel performance of the Telematics Services or part thereof except with our prior written consent.
18.4. Karzoom and other third parties may track all Vehicles for security reasons and will collect personal information from Drivers during the period of hire/rental in accordance with these Terms.
18.5. Karzoom and other third parties may use telematics to track certain aspects of driving behaviour. This information will be used to allocate a Driver with a score (“Driver Score”). A poor Driver Score may trigger a further investigation into a Driver’s driving behaviour and treatment of a Vehicle (“Driver Performance”).
18.6. The Dealer or Karzoom, upon written notice to the Driver, acting reasonably, may terminate the Rental Agreement for poor Driver Performance.
18.7. Information will be used to administer your policy and claims and you may request access into the information any party holds on you at any time. For more information on how the telematics data is used by Zego and Karzoom please click here and here to see our respective privacy notices.
19. CHANGE OF VEHICLE
19.1. We may require that we change any Vehicle provided to you at any time during the Rental Period for any reason. In this event, we shall change the Vehicle for a like-for-like Vehicle without any change to the Rental Fees. If you fail to comply with any written demand by us to change a Vehicle, we shall be entitled to terminate this Agreement and repossess the Vehicle. The Rental Agreement will be amended to reflect the new Return Date and the Rental Fees will be adjusted on a pro-rata basis.
20. ROUTINE MAINTENANCE
20.1. If during the Rental Period a service of the Vehicle becomes due because either the date for service is in less than two (2) weeks or the Vehicle mileage at which a service is required is within 1,000 miles (each of which is identified in the window of the Vehicle) you shall contact us to arrange a service of the Vehicle.
20.2. If you fail to contact us to arrange a service under this Clause 20, we reserve the right to recover any Losses that we or the Dealer incurs which are caused by the failure to carry out the service at the time it was due.
20.3. In addition to the service requirements set out above each party shall be required to notify the other in relation to the additional maintenance elements set out below:
20.3.1. Service due based on miles – you need to contact the Dealer
20.3.2. Service due based on time – the Dealer will contact you
20.3.3. MoT due – the Dealer will contact you
20.3.4. Any damage (including, body, glass, tyres, electronic, mechanical fault or failure or otherwise) – you need to contact the Dealer and Karzoom
20.3.5. Worn tyres – you need to contact the Dealer.
21. OUR RIGHTS TO MAKE CHANGES
21.1. Karzoom reserves the right to modify these Terms from time to time at its sole discretion. If we modify these Terms, we will post the modification on the Site. The amended Terms will enter into force at midnight on the day of being posted on the Site and your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Any amendments that affect the Terms applicable to any Services shall only apply to Services entered into after the amended Terms come into effect.
21.2. Any Account Holder, Driver who does not accept any amended Terms and conditions should cease to use the Site after the date on which the amended Terms come into force, save to the extent necessary to complete any Rental Agreement entered into prior to that date.
21.3. If you do not close your Karzoom Account you will be deemed to have accepted the changes.
22. OTHER IMPORTANT TERMS
22.1. We do not guarantee that our Site, Application or Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site, Application or Services. You should use your own virus protection software.
22.2. We may transfer our rights and obligations under these Terms to another organisation.
22.3. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
22.4. These Terms shall be governed by and interpreted in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction in respect of any claim or dispute which may arise in connection with these Terms or any Services or in connection with and/or arising from any use of the Application or Site.
22.5. If a court finds part of these Terms illegal, the rest will continue in force. Each of the Clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Clauses will remain in full force and effect.
22.6. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.