Terms and Conditions
Terms and Conditions
Terms and ConditionsDriverso Ltd (also trading under the name “Driverso.com”) (Driverso or We or Us) is a company registered in England and Wales with company number 10330021 and with registered address at 7 Lanark Square, London, United Kingdom, E14 9RE.
Through our website we provide you, the user (You), with an online platform (Platform) where car rental providers advertise their car rental services (Rental Services) and you can make your reservation for a car (Car). A list of the car rental providers we deal with (our Operators) can be found at Prime sril, Car4Rent sarl, Gevicar S.A., Premium Rent a Car One World S.L. The Rental Services will be provided to you directly by the Operator and we will act as an intermediary to facilitate the provision of such services. Our services to you include:
- selecting the best operators in the market by testing their quality of service and performance;
- implementing a rating system aimed at rating the operators for quality, based on which only the best operators are admitted and are given access to the Platform;
- monitoring the quality and performance of our Operators and, if they fail to comply at all times with our standards of quality they will be excluded from the Platform;
- managing your booking, allocating an Operator and establishing contact between you and the Operator for the provision of the Rental Services
(all together referred to as Our Services).
By making a reservation through Driverso.com you agree to enter into a binding commercial relationship with the Operator (Contract). The Operators have accepted our Terms and are bound by these Terms in the provision of the Rental Services to you.
The Operators are exclusively responsible for the provision of the Rental Services to you. We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the provision of the Rental Services.
The Operators are exclusively responsible for ensuring that the information about the Rental Services uploaded in the Platform, including (but not limited to) rates and cars availability, are accurate and up to date.
1. YOUR BOOKING
1.1 To make a reservation you shall place your order by completing the form available on our website at [INSERT THE RELEVANT LINK] (Booking Form) and clicking “Book Now”. In completing the Booking Form you shall provide your personal data and information, including your credit card details (Personal Information), and pay the price for the provision of the Rental Services (Price). 1.2 Your booking will be deemed to be accepted when we issue written acceptance by way of a confirmatory voucher (Voucher) sent by email to your email address as provided in the Booking Form.
1.3 We will pass the Personal Information to the Operator and upon receipt of such information the Operator will contact you in due course and in any event before the time and date booked for pick-up (Pick-Up Time) to make the proper arrangements for the provision of the Rental Services and require copies of the relevant documents listed in clause 15 below (Documentation).
2. WARRANTIES AND OBLIGATIONS
2.1 You declare and warrant that:
(a) you are of 18 years of age or older;
(b) you have the authority to make the reservation and in doing so to become bound by these Terms;
(c) if you are making the reservation on behalf of a third person, you have the authority to make the reservation on behalf of a such person, you have provided him with these Terms and in doing so you have the authority to bind them to these Terms;
(d) you will provide, when relevant, personal data being true, up-to-date and accurate.
2.2 You shall:
(a) ensure that any information provided in the Booking Form is complete and accurate;
(b) specify in the Booking Form whether you or someone other than you will drive the car and, if so, provide the name of the main driver (Driver);
(c) provide the details of a valid major credit card in the name of the Driver (Driver Credit Card) with sufficient credit limit to cover the amount of the Security Deposit;
(d) co-operate with us in all matters relating to Our Services and the Rental Services;
(e) provide such information as either we or the Operator may reasonably require for the provision of Our Services and the Rental Services, and ensure that such information is accurate in all material respects;
(f) when accessing our website and the Platform refrain from any illegitimate use of our website and the Platform, including but not limited to:
(i) retrieving, copying, reproducing, forging and/or otherwise using any information, data and material available on our website and the Platform;
(ii) doing excessive searches or repeating searches when the number of consultations leads (or potentially leads) to consultation overload;
(iii) uploading, displaying, sending by e-mail or by any other mean any file containing viruses, codes, text files, software or similar items which could disrupt, interrupt, destroy, damage or limit
functionalities of any software, hardware or telecommunication material;
(iv) disrupting or interrupting in any way the functioning of our website and the Platform;
(v) conducting any illegal activity or any other activity likely to infringe our intellectual property rights;
(vi) uploading, displaying, posting, sending by email or by any other mean any unsolicited or unauthorised commercial or promotional content, junk mails, spam, chains or any other
(vii) uploading, displaying, posting, sending by email or by any other mean any illegal, detrimental, defamatory, offensive, racist vulgar, obscene, threatening, violent message or text.
2.3 You authorize Driverso to verify the information provided under clause 2.2 and undertake to cooperate with us when we carry out such verification.
2.4 We reserve the right at our sole discretion to terminate or withdraw your access to our website and the Platform without notice in the event that you fail to comply with the obligations listed in clause 2.2.
3. PRICE AND PAYMENT
3.1 The Price will be calculated on the basis of the rates applied by the Operator from time to time in accordance with the terms of your booking.
3.2 Once you have completed the Booking Form, you will be asked to pay the Price. Upon receipt of your payment, the Operator will issue an invoice using the details for billing provided in the Booking Form.
3.3 The price and all other costs arising from the provision of the Rental Services are inclusive of amounts in respect of value added tax chargeable for the time being (VAT).
4. DEEMED LOCAL TIME FOR PICK-UP AND RETURN
4.1 The time and date for pick-up and return selected in the Booking Form shall be deemed to be the local time and date of the place selected for pick-up and return (Local Time).
5.1 The Price includes the insurance premium of the following policies.
5.2 Third Party Liability Insurance;
5.3 Collision Damage Waiver (a car rental policy insurance whereby the policyholder’s liability in the event the Car is damaged is limited to the amount of the relevant excess, unless the policyholder intentionally causes the damage or is under the influence of alcohol or drugs or makes an improper use of the Car (including, but not limited to, driving off the main roads or allowing the hire car to be driven by a third party without authorization). Note that this “waiver” doesn’t actually eliminate the deductible, but just reduces it. Collision Damage Waiver covers most of the Car, but usually excludes the undercarriage, roof, tires, windshield, windows, interior, replacement keys, side mirrors and towing charges);
5.4 Theft Protection (a car rental policy insurance whereby the policyholder’s liability in the event of losses resulting from theft or attempted theft is limited to the amount of the relevant excess, unless such losses are caused by the negligence of the policyholder).
5.5 You shall read carefully the terms and conditions provided by the Operator. You shall also carefully investigate with the Operator and, if necessary, raise enquiries about the exclusions applicable to the above policies as exclusions may vary from insurers to insurers and from policy to policy. Under a Third Party Liability Insurance, it is not unusual that members of your immediate family or people residing at your home address are excluded and therefore are not insured. Top-up policies can usually be purchased directly from the car rental providers; such policies may already be included in your holiday insurance package, if you have any. You shall therefore familiarize yourself with the full extent of the insurance policy provided by the Operator and, if necessary, take out any additional insurance policy, as required.
6. SECURITY DEPOSIT
6.1 The Operator will require a deposit amounting to a sum equal to the insurance excess to cover the insurance excess, any charges arising from the Rental Services and fuel costs, when applicable (Security Deposit).
6.2 Details of the Driver Credit Card shall be provided to the Operator promptly upon request and in any event by no later than 4 working hours (being any hour between 9.00am and 6pm Local Time) (Working Hours) before the Pick-up Time. Failing to provide the details of the Driver Credit Card within 4 Working Hours before the Pick-up Time may cause delays in the provision of the Rental Services.
6.3 The Operator will withdraw the Security Deposit from the Driver Credit Card upon receipt of the relevant details. In the event that the Operator is unable for any reason to withdraw the Security Deposit, it will not deliver the Car and the Driver will not be entitled to a refund.
6.4 Subject to the Car and any additional items being returned in accordance with the Fuel Policy, in good order and in the same conditions they were at the Pick-up Time, the Security Deposit will be promptly refunded in full by the Operator after the Car is returned (please be aware that it may take until 14 days for the funds to be credited back to your credit card).
7. FULL PROTECTION WAIVER
7.1 We offer a Full Protection Waiver, which is available for you to purchase in the Booking Form.
7.2 If you purchase a Full Protection Waiver, we will waive your liability (and refund you in full) for any charges withheld from the Security Deposit and/or the insurance excess under the terms set out in clause 7.3 below.
7.3 Our Full Protection Waiver covers the full extent of any damage to the Car’s exterior or mechanical components, including bodywork, roof, undercarriage, windscreen, windows, mirrors, wheels, tyres, hubcaps, engine, clutch, battery and locks. Our Full Protection Waiver also covers the amount the Operator charges as a result of claiming on the Theft Protection Policy.
7.4 Our Full Protection Waiver does not cover:
(a) repairs that have not been authorised by the Operator;
(b) charges for cleaning and/or damages to the Car’s interior (unless caused by or resulted from a car accident);
(c) damage to or loss of child seats, GPS devices or other “extra” equipment;
(d) costs related to or arising out from a breach of the Contract (such as dangerous, careless or negligent driving, non-compliance with Fuel Policies or age limits under clause 12).
7.5 If you want to make a claim under our Full Protection Waiver, you need to contact our Customer Service at [INSERT ADDRESS] within 14 days of dropping the Car off and provide the following:
(a) check-in and check-out documents, showing the damage for which you have been charged by the Operator;
(b) proof of any repair costs paid by the Operator;
(c) proof of any payment made by the Operator using your credit card or the Driver Credit Card;
(d) the accident report released by the Operator;
(e) a police report, if applicable.
7.6 We aim to pay you within 30 days upon receipt of all required documentation.
7.7 If a third party is involved in the accident, before processing your claim we will require confirmation from the Operator that any relevant fault and liability has been determined (and any relevant claim has been settled).
7.8 All payments made under our Full Protection Waiver will be credited to the credit card used to purchase the Full Protection Waiver (which may not be the same credit card charged by the Operator).
8. FUEL POLICY
8.1 Each Operator will be at liberty to apply one of the following fuel policies:
(a) the Car has to be returned with the same amount of fuel provided at the time the Car is delivered to you; or
(b) you have to purchase the first tank of fuel and the Car can be returned empty (with no refund for unused fuel).
8.2 When the fuel policy under 8.1(a) applies, the fuel price charged by the Operator may be higher than the price charged at your local petrol station.
8.3 You shall verify with the Operator the fuel policy applicable to your reservation (Fuel Policy) and ensure that the terms of such Fuel Policy are complied with in full.
9. DELIVERY AND COLLECTION BY THE OPERATOR
9.1 The Operator will deliver to you and collect the Car from the address and at the time and date selected in the Booking Form.
9.2 In the Booking Form you shall select the town or the airport where you wish the car to be delivered and collected by the Operator. Once you make your reservation, you will not be able to change the town or airport for delivery and collection.
9.3 Deliveries and collections will be available between 6am and 11pm Local Time (Operational Hours). If you require a delivery or a collection outside the Operational Hours you shall contact us at [INSERT Driverso CUSTOMER CARE EMAIL ADDRESS]. We will use all reasonable endeavours to make the necessary arrangements in order to accommodate your needs, subject to the Operator’s availability. Deliveries and collections outside the Operational Hours will be subject to additional costs.
10. LATE PICK-UP, NO SHOW AND LATE RETURN
10.1 If for any reason you cannot collect the car at the Pick-up Time, you shall contact the Operator as soon as practicable and arrange with them an alternative time for delivery. If there is sufficient time to cancel the delivery, the Operator won’t charge you extra costs for this change, but you will remain liable for the full Price and will not be entitled to a refund. If, however, the delivery cannot be cancelled or you fail to arrive to collect the car at the Pick-up Time (No Show), the Operator will charge you additional costs for arranging a new delivery.
10.2 You shall return the car at the date and time selected in the Booking Form (Return Date). If for any reason you cannot return the car by the Return Date, you shall contact the Operator as soon as practicable and arrange with them an alternative time for returning the car (Late Return). Later Returns will be charged as follows:
- Free grace: 30 minutes
- Full daily rate: up to 12 hours
- Double daily rate: 12 hours or more.
10.3 The Operator reserves the right to charge Late Returns at a daily rate which may be higher than the daily rate applied at the time of booking.
11. WEB CHECK-IN AND CHANGES TO YOUR BOOKING
11.1 After you make your reservation, you will be required to provide the full address where you wish the car to be delivered and collected by the Operator (Web Check-in). To complete the Web Check-in, you will need to login to your booking using the access details provided in the Voucher.
11.2 You will be entitled to change the address for delivery and collection (except for the town and airport selected in the Booking Form at the time of your reservation) by no later than 48 hours before the Pick-up Time.
11.3 If changes to your booking are required for any reason, we will inform you as soon as reasonably possible, before the Pick-up Time and, if the proposed changes are unacceptable to you, you will be entitled to a full refund of the Price.
11.4 If for any reason the Car is no longer available, we will use all reasonable endeavor to provide you with an alternative car. If we are unable to do so, we will cancel your booking and you will be entitled to a full refund of the Price.
12. ADDITIONAL DRIVERS
12.1 When you make your reservation you will have the option to add a second driver or multiple drivers (Additional Driver).
12.2 Full name and address of any Additional Driver shall be provided at the time of the Web Check-in.
12.3 For any Additional Driver you may be charged a supplementary fee.
13. MINIMUM AGE REQUIREMENTS AND FITNESS TO DRIVE
13.1 The Driver and any Additional Driver must be 30 or older for sport cars and 25 or older for all other cars (Minimum Age Requirements).
13.2 If the Driver or any Additional Driver is aged 65 or older, you may be charged a higher price for the Rental Services depending on the countries you need to travel to and the Operator’s policy.
13.3 The Operator will not release the car at the Pick-up Time if the Driver does not meet the Minimum Age Requirements. Any Additional Driver who does not meet the Minimum Age Requirements will be excluded from the Contract.
13.4 The Operator may also refuse at its sole discretion to release the car at the Pick-up Time if it suspects that the Driver’s ability to drive is impaired for any reason.
13.5 If the Operator refuses to release the car because the Driver does not meet the Minimum Age Requirements or due to the Driver’s inability to drive, you will not be entitled to a refund of the Price.
14. DRIVING LICENCE
14.1 The Driver and any Additional Driver must have a full valid driving licence from their country of residence held for at least two years (Driving Licence). Expired or provisional licences will not be accepted.
14.2 If the licence is written in an international language which is based on alphabet scripts other than the alphabet script used in the English language or on ideographic and logographic scripts (such as Greek, Chinese, Japanese, Arabic. Cyrillic to name but a few) a certified translation in the English language of the said licence issued by the relevant Embassy is also required. In case you have any question or doubt on whether the Driver’s licence is acceptable, please contact us at [INSERT
Driverso CUSTOMER CARE EMAIL ADDRESS] and we will be able to assist.
15.1 Upon request, the Driver must provide the Operator with the following documents:
(a) Voucher; and
(b) Driving Licence of the Driver and any Additional Driver together with the relevant paper counterpart (for licences issued in England, Wales or Scotland only); and
(c) valid passport or identity card of the Driver and any Additional Driver; and
(d) Driver Credit Card with a sufficient credit limit to cover the amount of the Security Deposit; and
(e) any additional document which may be required pursuant to clause 16 below;
all together the “Documents”.
15.2 If the Driver fails to provide any of the Documents, the Car will not be released at the Pick-up Time by the Operator and you will not be entitled to a refund of the Price.
15.3 The Driver shall show the original Documents to the Operator at the Pick-up time and carry them with him at all times until he returns the car to the Operator.
16. ADDITIONAL DOCUMENTATION
16.1 Special restrictions may be in force for travelling outside the UK. If you wish to travel outside the UK, you shall contact us promptly at the time of your reservation at [INSERT Driverso CUSTOMER CARE EMAIL ADDRESS] and we will advise you whether additional documentation is required or local charges are payable.
16.2 In addition to the Driving Licence, an International Driving Permit may also be required if you need to drive outside the EU/EEA.
17. INTELLECTUAL PROPERTY RIGHTS
17.1 For the purposes of these Terms, Intellectual Property Rights means copyright and related rights, patents, rights to inventions, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
17.2 We own the Intellectual Property Rights in our website and the Platform. You may print copies from our website and the Platform and save such copies on your computer or elsewhere provided you do so for your own personal use only. Any other use is strictly prohibited. Our website and the Platform may also contain Intellectual Property Rights owned by third parties, including the Operators, and the same restrictions applicable to our Intellectual Property Rights shall also apply to any third party’s Intellectual Property Rights.
18.1 If you experience problems in navigating the Platform, making a reservation, accessing your Booking Form or completing the Web Chek-in, please contact us at [INSERT Driverso CUSTOMER CARE EMAIL ADDRESS] and we will use all reasonable endeavours to assist you promptly and solve the issue.
18.2 If you are unhappy with the Rental Services, you can make a complaint by contacting the Operator as soon as practicable. You can do this verbally or in writing but make sure you keep a clear record of your complaint.
18.3 The Operator will use all reasonable endeavours to consider your complaint and resolve it in a timely manner.
18.4 If you are not satisfied with the handling of your complaint or your complaint has not been resolved to your full satisfaction, you can check whether the Operator is a member of an organization which offers dispute resolution services to consumers, such as the European Car Rental Conciliation Service (ECRCS) or the British Vehicle Rental and Leasing Association (BVRLA), and refer your dispute to such organization. If the Operator is not a member of any of these organizations, you can take your complaint to the Financial Ombudsman Service, which is a free, independent dispute resolution service (please visit: www.financial-ombudsman.org.uk). Alternatively, if the Operator is EU-based, you can take your dispute to the UK European Consumer Centre (ECC) (please visit: www.ukecc.net/).
19. MECHANICAL DIFFICULTIES AND ACCIDENTS
19.1 Any mechanical difficulties or accidents involving the Car must be reported immediately to the Operator. In case of accidents, the local police should also be notified and a signed police report obtained. Full details of any third parties involved should be obtained. You shall not repair or replace the Car without the prior written confirmation of the Operator. Copies of all the Documents must be retained during the time of rental period in the event that an insurance company become involved. Compensation cannot be considered when this procedure is not followed correctly
20. LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
20.1 Nothing in these Conditions shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.
20.2 Subject to clause 20.1 we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with:
(a) your use of the Platform;
(b) Our Services;
(c) the Operator’s refusal to release the Car at the Pick-up Time in the circumstances listed in clause 13.3, 13.4 and 15.2.
21.1 You can cancel your reservation by no later than 72 hours (3 days) before the Pick-up Time (Cancellation Period). In order to cancel your reservation you shall access the Platform and click on the “My Booking” button at the top right hand side, then enter your email address and the booking details appearing on your Voucher. You shall then click the cancellation button on the cancellation confirmation page, which can be found in Dashboard > Your Trips > Change or Cancel.
21.2 If you cancel your reservation within the Cancellation Period you will be entitled to a full refund of the Price. When a cancellation is made after the Cancellation Period has expired you will not be entitled to a full refund of the Price.
21.3 The Cancellation Period shall not apply to a reservation made less than 72 hours before the Pick-up Time (Last Minute Reservation). If you cancel a Last Minute Reservation you will not be entitled to a refund of the Price.
21.4 Subject to clause 21.5 below, we reserve the right to cancel your reservation with immediate effect by giving written notice if:
(a) the Operator suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986; or
(b) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Operator; or
(c) the Operator suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business.
21.5 If any of the circumstances in clause 20.4 above occurs, we will use all reasonable endeavours to provide you with an alternative car from another Operator. If we are unable to do so, we will cancel your booking and you will be entitled to a full refund of the Price.
22. FORCE MAJEURE
22.1 For the purposes of these Terms, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or the workforce of the Operator or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
22.2 We shall not be liable to you as a result of any delay or failure to perform our obligations under these Terms as a result of a Force Majeure Event.
22.3 If the Force Majeure Event prevents us or the Operator from providing respectively Our Services or the Rental Services, we shall, without limiting our other rights or remedies, have the right to cancel your reservation immediately by giving written notice to you and you will be entitled to a full refund of the Price.
23. GOVERNING LAW AND JURISDICTION
23.1 These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
23.2 You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).