Membership Terms and Conditions Demand Responsive Group Transport Club

The applicant agrees to be bound by the following terms and conditions of membership contained in this agreement together with (i) the usage rules in the User Guide (ii) the regulations of the Demand Responsive Group Transport Club and (iii) the terms in the membership application, and service Rules as communicate from time to time

IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDTIONS OF THIS AGREEMENT, THEN YOU ARE NOT AUTHORIZED TO USE ANY OF HCT GROUP’S GT CLUB VEHICLES OR SERVICES.

If you have any questions regarding this Agreement, please contact us via email at joinbookdrive@joinbookdrive.org or by telephone at 0300 030 2665

HCT Group reserves the right to change the terms of this Agreement, from time to time, including the associated Schedules. HCT Group will give notice of changes to Members in a timely manner. Members agree that the amended terms and conditions of this Agreement shall be effective and binding upon the effective date indicated in such notice or on such other the date as HCT Group may designate in this notice.

Certain provisions of this Agreement and the Rules related to the Member’s use of GT Club vehicles and services may vary based upon the jurisdiction in which you reserve or use a GT Club vehicle. The Agreements applicable to all jurisdictions in which GT Club vehicles may be reserved are available through joinbookdrive.org and HCT Group websites.

1. General Definitions

1.1 As used in this Agreement, the following definitions apply:

a. "GT Club" means vehicle-sharing subscription service provided by HCT Group, any of its subsidiary companies and third parties pre-approved as HCT Group’s partners to deliver any parts of the service including, but not exclusively, Member management, technology provision or payments. References in this Agreement to GT Club may be taken to mean HCT Group and any of its subsidiary companies.

b. “Agreement”: means this Membership Agreement and its Schedules, whether made available in print or electronically through HCT Group websites. The Schedules are an integral part of this Agreement.

c. "Vehicle" means the motor vehicle provided to the Member by the GT Club under this Agreement.

d. "Handbook" means the members’ handbook as may be amended from time to time by the GT Club and which shall form an integral part of this Agreement.

e. "Member" means the applicant who is admitted as a member of the GT Club’s minibus- sharing scheme and who has paid the prescribed membership fees. This is the organisation designated to receive and pay all fees, charges and other costs associated with membership, including administration fees, membership fees, driving charges and other costs or fees as indicated in the Rules and Schedules described below.

f. “Driver” means a person authorised to drive a Vehicle pursuant to the terms of this Agreement. Additional driving record/insurance verifications, application and/or membership fees may apply for Drivers.

g. “Rules”: means all the rules, guidelines or policies of GT Club related to a Member’s use of the GT Club service, whether set forth in this Agreement, appearing elsewhere on HCT Group’s websites or otherwise issued from time to time by HCT Group, including specifically and without limitation those set forth in Schedule 1: Rules for Vehicle Use.

h. “Schedules”: means all the schedules, rate plans and polices referenced in or incorporated into this Agreement.

i. “HCT Group” means HCT Group registered in England and Wales as a company limited by guarantee with Company no. 01747483 and as a registered charity with Charity no. 1091318.

2. Vehicle Reservation

2.1 Reservation of the Vehicle shall be made in advance with the GT Club.

Member shall specify date, time and place of collection of the Vehicle. Priority for use of the Vehicle is according to first come first served basis.

2.2 The GT Club reserves the right to impose such fees as the GT Club may at its discretion decide for late cancellation or non-cancellation of reservation if Member subsequently decides not to use the Vehicle.

2.3 The GT Club shall not be responsible for any loss or damage suffered or incurred by Member arising from or in connection with the failure to honour a vehicle reservation made by Member.

3. Vehicle Ownership

3.1 All Vehicles including all accessories, equipment, spare tyres, keys, smart cards, registration documents and tools shall at all times remain the sole property of HCT Group.

3.2 Member shall have no rights of ownership in respect of any Vehicle and shall not transfer, dispose of, sub-let or in any way part with possession of the Vehicle and/or equipment except as permitted by the GT Club. Member shall not create any lien over or pledge the Vehicle in favour of any person or allow any person to have any interest over Vehicle.

4. Use Conditions and Restrictions

4.1 Member must be a not-for-profit organisation to be eligible for the service. The Member will nominate an individual person as contact who will be trained by HCT Group in the use of the service. The Member is solely responsible to make sure this individual is trained and to explain to the Member’s registered drivers about the details of the service and of these terms and conditions.

4.2 Member’s registered drivers shall be at least 21 years old and possess a valid driving licence for private cars for at least 2 years from the date of first qualification and be MiDAS trained (Minibus Driver Awareness Scheme).

Member shall operate the Vehicle with reasonable care and only within the geographical areas permitted by the GT Club.

4.3 Satisfying the foregoing criteria does not automatically give an applicant the right to become a GT Club Member or Driver. Acceptance of the applicant’s membership is subject to approval by HCT Group at its sole discretion and, without limiting the foregoing, membership may be denied based upon additional criteria established from time to time by HCT Group and/or its insurance providers. In addition, even if approved for membership, a Member or Driver may be restricted from driving certain Vehicles based upon the Member’s or Driver’s driving history and experience or the Membership/Driving plan in force for the Member.

4.4 Members shall not allow any person to use or operate the Vehicle other than registered Drivers. Should the Member not have a Driver registered or available to travel, HCT Group can provide a driver subject to availability and charges.

Members shall not use or operate the Vehicle or permit anyone to use the Vehicle (see Schedule 2 for Rules of Vehicle Use), for illegal purposes, for carrying hazardous or dangerous materials, for any reward or valuable consideration, under the influence of alcohol or any intoxicating substance in such manner as to intentionally expose it to danger or risks including damage, theft and vandalism generally in violation of the laws in any applicable jurisdiction or for any purpose generally or specifically excluded by motor insurers (for example racing).

4.5 Members shall be fully responsible for all costs, expenses and fees (including vehicle recovery expenses) arising from any breach of this clause 4.

4.6 HCT Group may re-enter, repossess or disable any Vehicle used or hired by any Member should HCT Group be of the opinion that the Vehicle or the members of the public or the Member may be at any risk from the use of the Vehicle or for any reason.

4.7 Members are responsible for providing and maintaining current email address, mobile phone number, preferred contact address, mailing address, drivers’ details and other account information. Telephone calls, email correspondence and social media communications with GT Club or HCT Group may be recorded or monitored. By using these communication methods you are consenting to the recording or monitoring of your calls, emails and social media communications.

4.8 By applying for driver registration for a Member, each applicant authorises GT Club or HCT Group to obtain his/her driving records from the jurisdiction in which the applicant is licensed. Members who do not have a driver’s licence from the jurisdiction in which they reside must comply with the licensing requirements of such jurisdiction for driving in that jurisdiction. In addition, HCT Group may at any time require Members to demonstrate compliance with the licensing laws of their jurisdiction of residence and/or impose further policies regarding the application to be licensed in their jurisdiction of residence. HCT Group reserves the right to request additional information, such as copy of a passport or proof of address at any time. Because driving a Vehicle requires maintaining a good driving record, HCT Group, may, from time to time, check Members’ driving records of any Members who do not meet GT Club’s eligibility requirements. If the Driver’s licence is suspended or revoked or becomes invalid, if the Driver has any further endorsements or accidents on their driving record or if the Driver is convicted of or receives a conviction for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limits, the Member agrees to report such suspension, revocation, changes, conviction or citation to HCT Group promptly. Failure to notify HCT Group of any such events, may lead to the Member not being covered by HCT Group’s insurance policy when driving a Vehicle and/or termination of membership.

5. Vehicle Inspection

5.1 Members must inspect the exterior and interior of the Vehicle at the time of Vehicle collection following strictly the instructions provide by HCT Group.

5.2 If during the inspection, the Member notices any damage or defect, or if the Vehicle is in a dirty condition, the Member must make a report to the GT Club of the condition before removing the Vehicle from the car parking lot. If no such report is made, it shall be deemed that the Vehicle was in good condition and free from damage or defect whatsoever at the time the Vehicle was handed over to the Member.

6. Vehicle Return

6.1 Members should return the Vehicle and the key at the agreed time to the designated place, and in the same condition it was taken (fair wear and tear excepted). The GT Club reserves the right to impose any early or late return fees or charges as the GT Club may at its discretion decide if the Vehicle is returned earlier or later than the agreed time.

6.2 If the Vehicle is returned in a condition unsatisfactory to the GT Club and will require repair, cleaning-up or restoration works (other than regular cleaning or maintenance or repairs due to mechanical faults or defects reported by the Member to the GT Club), the Member shall reimburse the GT Club for the cost incurred in repairing any damage to the Vehicle or restoring the Vehicle (including the interior) to its original condition.

7. Insurance and Use of Vehicle

7.1 The GT Club will provide a vehicle insurance policy in respect of the Vehicle subject to any excess imposed by the GT Club for loss or damage which shall be borne by the Member. A copy of the insurance policy will be available for inspection upon request.

7.2 A Member is responsible for any and all damage that occurs to a Vehicle while in the Member’s possession or control (including the entire time the Vehicle is reserved under the Member’s account), even if damage is weather-related, caused by a third party or arises from similar causes, and is responsible for the full value of any damages or injuries caused to third parties or their property. Such damages include, without limitation, the repair costs (estimated or actual) for the Vehicle and third party property, injuries to third parties, costs associated with the recovery or transportation of Vehicles, and the loss of use of Vehicles or third party property. However, as described in clause 7.1, GT Club service provides insurance that, in general, covers most damages arising from a Member’s use of Vehicles and the Member’s liability for damages will generally be limited to the insurance excess fee detailed in the pricing Schedule. A copy of the policy is available on request.

7.2 Members shall be fully responsible for any loss or damage to the Vehicle if the Vehicle is not used or operated in accordance with the provisions of the aforesaid insurance policy and/or the manufacturer’s directions as provided and/or MiDAS training.

7.3 If, however, a Member or Driver fails to abide by the terms and conditions of this Agreement, the insurance coverage GT Club provides may not apply, which may make the Member responsible for the full cost of any accident or incident and any damage arising from such accident or incident.

7.4 Members will always remain responsible for up to the full amount for the Insurance Excess for actual, estimated of projected expenses, whether or not an actual claim is made or processed.

8. Damage, Accident, Theft and Vandalism Reporting

8.1 Members shall report immediately any damage, accident, theft or vandalism of the Vehicle to GT Club.

8.2 Members will give all possible assistance to GT Club’s insurers, investigators, assessors and lawyers.

8.3 The GT Club reserves the right to impose any fees or charges for repair/administrative work incurred if a Member fails to report any damage, accident, theft or vandalism immediately to the GT Club.

9. Maintain fuel tank

9.1 Members shall refill fuel tank of the Vehicle at the GT Club's expense in accordance with the GT Club's current procedures for refilling of fuel tank whenever the fuel indicator drops to one quarter (1/4) tank level or below. Fuel cards will be provided and consumption invoiced alongside the vehicle utilisation Any charges incurred by the GT Club as a direct result of misuse of fuel cards will be payable in full by the Member. The GT Club reserves the right to recover an administration fee from the Member.

9.2 Members shall undertake that the purchases of fuel made by the Member or Driver pursuant to clause 9.1 above shall be in respect of the Vehicle only.

10. Parking/Traffic Offences

10.1 Members shall be fully responsible for all traffic/parking offences, fines and penalties arising from Member's use, possession or operation of the Vehicle.

10.2 Members shall indemnify the GT Club and hold the GT Club harmless from and against all claims, actions, demands, cost or expenses including legal fees and costs, which may be made against or incurred or become payable by the GT Club arising from the Member's use or operation of the Vehicle or for any breach of the terms of this Agreement.

11. Charges/Pricing

11.1 Members shall pay the security deposit, administration fee and other fees and charges set out in the membership application and in the Handbook punctually when due, including, without limitation, application fees, driving record/insurance verification fees, administration fees, sales and other taxes and levies and other costs and fees as provided in the Rules and Schedules and the Member’s driving/membership plan. Members are billed for amounts due via credit or debit cards or other means as established by HCT Group.

Any Member account which is overdue will be suspended; however, any reservations booked in advance shall still be charged to the Member if not timely cancelled by the Member. If payment of any amount due is rejected by the credit or debit card provided by the Member, membership and the use of GT Club services may be suspended. Members are responsible for providing and maintaining current credit card or debit card information on file with HCT Group. Ongoing issues with credit or debit card billings may result in termination of membership. Under no circumstances will HCT Group be responsible for any overdraft or other fees charged by a Member’s Credit Card Company or bank.

The GT Club may at its sole discretion charge interest for late payments at a rate of five per cent (5%) per month or such other rate as the GT Club may deem fit until full payment of all overdue amounts. Save for manifest error, the statement of charges sent by the GT Club to the Member shall be deemed as conclusive and binding upon the Member.

11.3 If a Member fails to pay any outstanding payments (including interest, if any) from the date when the payment becomes due, the GT Club may suspend the privileges of the Member under this Agreement for such periods and subject to such conditions as the GT Club may at its discretion decide. A waiver of such breach as aforesaid shall not prejudice the rights of the GT Club in respect of any other subsequent breach.

11.4 Members shall be liable for all costs (including legal fees, on a full indemnity basis) incurred to recover any outstanding payments.

11.5 The GT Club may at any time render an invoice for any transaction completed. This shall be paid without set off by the Member.

12. Termination of Agreement

12.1 This Agreement shall terminate if a Member is in breach of any of its obligations under this Agreement (save for default of payment in which case the provisions of clause 11 above shall apply) or if Member ceases to be a member of the GT Club.

12.2 This Agreement shall be extended on an annual basis at the expiration of the membership subscription period with the payment of the prescribed membership fee until it is terminated by either party by giving one (1) month's prior written notice.

12.3 Termination of this Agreement shall not prejudice or in any way affect the rights and powers of the GT Club under the terms here in respect of any breach committed by the Member.

12.4 HCT Group may also, upon notice to the Member, immediately terminate this Agreement if the Member or any of its registered Drivers:

a. Fails to pay any sum due under this Agreement

b. Fails to comply with any term or conditions specified in the Agreement or any Rules

c. Is involved in an incident with a Vehicle that, in HCT Group’s reasonable discretion, renders the Member ineligible or inappropriate for continued membership

d. Engages in any activities or conduct that HCT Group, in its reasonable discretion, determines to be inappropriate, negligent, offensive, abusive or otherwise unacceptable;

e. Is not paying the Member’s debts as such debts generally become due, becomes insolvent, files or has filed against the Member a petition, or other document, under any bankruptcy or insolvency law or similar law that is unresolved within two calendar months of the filing of such petition or document, proposes any dissolution, liquidation, composition, financial reorganisation or recapitalisation with creditors, makes a general assignment or trust mortgage for the benefit of creditors, or if a receiver , trustee, custodian or similar agent is appointed or takes possession of any of the Member’s property or activities. No membership or other fees will be refunded in the event of termination pursuant this section 12.

f. Upon termination, all the Member’s and Driver’s rights to use Vehicles and services shall immediately terminate. The Member agrees to return immediately to HCT Group any Vehicle or any other property of HCT Group that the Member has in the Member’s possession, including, all smartcards and keys. Additionally, the Member shall be responsible for and agrees to pay any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise, including, without limitation, any costs relating to recovering any of the foregoing property or any amounts due and owing to HCT Group.

13. Limitation of Liability

13.1 Under no circumstances will HCT Group be liable to any Member or any third party for any indirect, incidental, special or consequential damages, including loss of surplus, revenue, goodwill, business opportunity or anticipated savings, arising form or related to this Agreement or use of the GT Club services.

13.2 Without limiting the foregoing, HCT Group shall have no liability for any loss of, or damage to any goods in or on the Vehicle or in or on any third party vehicle, any loss, damage, injury or death in relation to any Member or any third party arising from the use of a Vehicle, loss or damages incurred by the Member or Driver as result of any claims made by a third party, or loss or damage incurred by the Member arising form or in relation to either (i) the reservation, non-availability, supply, operation or use of a Vehicle or (ii) any vehicle accessories, whether supplied by GT Club or by a Member, unless in each case such loss or damage is incurred due to our negligence or failure to carry out our responsibility.

14. Miscellaneous

14.1 By applying for membership and becoming a GT Club Member, the Member represent and warrants to GT Club that the Member has received all explanation as the Member may have reasonably requested concerning the content of this Agreement, including Schedules and that the Member has carefully reviewed and understands the Member’s commitments and obligations hereunder. The Member also represents that the Member has reviewed and understands the HCT Group Privacy Policy and acknowledges that any information shared by, or collected from or about, the Member may be used by HCT Group in accordance with the terms of the HCT Group Privacy Policy as it may be amended from time to time.

14.2 “The Member consents to the computer storage and processing of the Member’s and any Driver’s personal data by the GT Club in connection with this Agreement and to the transmission of this data for the purposes of HCT Group’s legitimate interests including statistical analysis, marketing of our services and credit control. If the Member breaches this Agreement, the Member’s personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.”

14.3 The rights granted to the Member or Driver under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without the written consent of HCT Group shall be void and of no force and effect. HCT Group may assign this Agreement to an affiliate or to another entity in connection with corporate transition or otherwise.

14.4 No delay or omission by HCT Group to exercise any right or power occurring upon any noncompliance or default by the Member with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.

14.5 If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.

14.6 Any notice to be sent to Member by the HCT Group shall be effectively sent if posted to the last known address of Member.

14.7 HCT Group reserves the right to vary, supplement or amend the terms in these Terms and Conditions at any time, and any such variation, supplements or amendments shall be deemed part of the terms and conditions here and HCT Group and Member shall be bound by the same.

14.8 A person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms in the UK.

14.9 This Agreement shall be governed by and construed in accordance with the laws of England. All disputes hereunder shall be resolved solely in the applicable courts in England. The parties hereby consent to the exclusive jurisdiction of such courts, agree to accept service of process by email, and waive any jurisdictional or venue defences otherwise available.

14.10 Any notices or communication required or permitted to be given to the Member shall be in writing and shall be sufficiently given in delivered by email or emailed to the Member at the email or postage address provided to HCT Group in the Member’s completed application for GT Club or as updated by the Member and on file with HCT Group. Any notices or communication required or permitted to be given to HCT Group shall be in writing and shall be sufficiently given if delivered via email or emailed as follows:

HCT Group

1^st^ Floor

141 Curtain Road

London EC2A 3BX

Email Address: joinbookdrive@joinbookdrive.org

Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth businesses day after it was posted.

The Schedules constitute an integral part of this contract:

Schedule 1: Membership and Driving Rates

Schedule 2: Rules of Vehicle Use

Schedule 1 Membership and Driving Rates

1. Charges

Full details of all the charges to Members are as shown on the HCT Group website or any ad hoc website design for the service website and are available in written form on request.

1.2 Charges for Late Return

If the Vehicle is not returned by the agreed time and date to the designated collection point, the HCT Group will be entitled to charge the User at the agreed rate (see relevant tariff details updated at the GT Club website) plus any applicable penalty charges, until the Vehicle is either returned or recovered.

1. Charges for Returning the Vehicle in Poor Condition Unacceptable to the Service Provider

If the Vehicle is not returned to the Service Provider in the same condition as it was in on collection, the Service Provider will be entitled to charge the User for the cost of valeting, and/or servicing the Vehicle (including the cost of spare parts), in addition to the charges arising under clause 1 of this schedule.

1. Other Charges

In accordance with the charges as set out on the HCT Group website or at GT Club website any ad hoc website design for the service, the User shall pay or reimburse the Service Provider on demand the sum of:

1. The agreed joining or administration fee (if any) and the agreed returnable deposit (if any);

2. The agreed rental rate for the period including authorised and unauthorised extensions;

3. Any applicable penalty charges;

4. All mileage charges relating to the distance travelled whilst the Vehicle is in use;

5. Any fines, penalties, court costs or other expenses imposed on the Service Provider by law, arising from the use of the Vehicle while on rent to the User, unless due to the Service Provider’s fault, which shall not relieve the User or any other person of direct responsibility to any public authority for his/her unlawfulness;

6. The Service Provider’s costs, including reasonable legal fees and administration charges incurred in collecting amounts due from the User under this Agreement;

7. Any amounts due under any clauses in this Agreement relating to the loss or damage to the Vehicle;

8. Any sums incurred by the Service Provider in connection with the recovery of the Vehicle, or otherwise incurred by the Service Provider due to the User’s acts or omissions.

2. Insurance Excess and User Responsibilities

1. The User is responsible for the first £300 of any costs of repairs for damage to the Vehicle, howsoever caused.

2. The User is responsible for the first £300 towards any costs related to the theft of the Vehicle whilst in their custody or control, if no negligence is proved. If negligence of the Member is established all costs associated to the Vehicle use would be on the User without any exceptions.

Schedule 2 Rules of Vehicle Use

1. Care of the Vehicle

   1. The User must look after the Vehicle, making sure it is locked and secure when not in use, use the correct fuel, and set and use any security device fitted.

   2. The User must ensure that the Vehicle is checked prior to and after use in accordance with the Vehicle Checks guides.

   3. The User is responsible for keeping the Vehicle sufficiently supplied with the correct fuel (see User Guide) and ensuring that the Vehicle interior is left clean and tidy before it is returned.

2. Conditions of Use

   1. The User must not allow the Vehicle:

      1. to be used to smoke in;

      2. to be used to carry passengers or cargo for remuneration (it is however permitted to share the cost of hire with passengers);

      3. to be used to propel or tow any vehicle, trailer or other object without the prior written agreement of the service provider;

      4. to be used to take part in any race, rally, pace-making, trials, speed testing or other contest;

      5. to be used for motor trade use;

      6. to be used while the driver is under the influence of alcohol, drugs, or any other substance impairing their consciousness or ability to react;

      7. to be used in contravention of any traffic regulations – note that committing any traffic offence is a violation of this Agreement. Any used not included in the User Guide is a violation of this Agreement;

      8. to be driven by any other person (including any other User) who has not first been authorised by the Service Provider;

   2. Failure to comply with the conditions of use may result in the charge of penalty payments or the recovery of the Vehicle without notice at the User’s expense.

   3. The Driver agrees to notify the Service Provider immediately if any of the following events occur:

      1. The Driver is involved in an accident involving a vehicle that he or she is driving (whether or not a Vehicle);

      2. The Driver’s driving licence is endorsed, and the User agrees to provide their licence with the schedule of endorsements to the Service Provider for copying;

      3. The Driver suffers from a health related complaint that restricts their ability to drive safely.

      4. The Driver commits any motoring offence whether or not in a Vehicle.

   4. In the event that changes of status occurs which affect eligibility the User’s membership will be suspended, unless renewed approval can be obtained under special conditions that would be decided by the Service Provider.

   5. The Driver agrees that he/she has read and understood the User Guide and the procedures contained therein, and the conditions relating to the use of the Vehicle, the security of the Vehicle, and the use and care of the keys for the Vehicle.

   6. The Driver is responsible for checking the correct fuel card (if any) is in the Vehicle at the commencement of the booking and for reporting its absence as soon as possible.

   7. The Driver is responsible for unauthorised use of any fuel card whilst the Vehicle is in their custody or control.

   8. It is the Driver’s responsibility to ensure that the Vehicle is refuelled before the Vehicle is returned to the Service Provider. Additional charges will be levied should the Driver fail to ensure the Vehicle is refuelled (to maximum) before the Vehicle is returned.