1.1 Interpretation : In this Subscription Contract:
(a) the plural includes the singular, the singular also includes the plural; (b) the masculine includes the feminine; and
(c) the definitions shown below shall apply.
Deposit Driver Fees
General Terms Hire Agreement Incident Insurance Annex
Payment Method Platform
Subscription Contract Subscription Plan
means the User’s online account on the Portal; means BIPI’s confirmation of the date
and time at
which the Vehicle will be delivered to the User; means the one-off deposit payable in accordance with paragraph 8.5 as further set out in the Hire Agreement;
means the named person(s) identified in a signed Hire Agreement (including the User) who are entitled to drive the Vehicle;
means the fees to be paid by the User to BIPI in relation to this Subscription Contract, all as speci fied in the Hire Agreement or these General Terms;
means these general terms and conditions which regulate the contractual relationship between BIPI and the User;
means the hire agreement which confirms details of the Vehicle, the Subscription Plan and the Fees payable;
any accident, theft or damage (including but not limited to fire or vandalism) involving or affecting a Vehicle;
means, where applicable, the details of any Vehicle insurance included with a Vehicle and provided as part of (and incorporated into) the Subscription Contract;
means the debit or credit card provided by the User to make payments of the Fees;
means the online portal made available by BIPI at [insert URL] which enables the User to create an Account, complete the Registration Process and enter the Subscription Contract;
means the policy that describes BIPI’s collection and processing of personal data related to the Subscription Contract available in our [website]; means the process which the User must com plete in respect of themselves and any additional Driver(s) as further set out in paragraph 2.3 before signing a Hire Agreement;
means the contract for the hire of a Vehicle which comprises the Hire Agreement and the General Terms;
means the particular plan selected by the User
to hire the Vehicle which shall amongst other matters set out the Fees payable, the duration, the category or model of the Vehicle and the contracted mileage;
the period during which the User has an active subscription for a Vehicle as set out in the Hire Agreement;
means the [United Kingdom];
means a customer of BIPI who purchases a Subscription Plan and is named in the Hire Agreement;
means the vehicle provided pursuant to this Subscription Contract, as described in the Hire Agreement.
2. CONTRACTUAL PROCESS
2.1 Opening an Account.
The User may open an Account on the Platform and these General Terms shall apply to the User’s use of their Account. The User will create a password to access their Account on the Platform. The User may modify such password at any time. The User shall not disclose the password to any third party and shall keep it secret. The User’s account on the Platform is personal and non-transferable, and the User will not allow access or use of it by anyone else.
2.2 Subscription Plan.
Once the User has opened their Account, they may browse the available Subscrip- tion Plans. If the User decides to choose a Subscription Plan, they will be prompted to complete the Registration Process. The User will not be able to enter a Hire Agreement until the Registration Process is completed and accepted by BIPI.
2.3 Registration Process.
The User may complete the Registration Process by following and completing the steps set out on the Platform, or by contacting BIPI. To complete the Registration Process, the User must provide the information requested by BIPI. This information will include copies of the driving licence for each proposed Driver of the Vehicle, information about the preferred Payment Method and other documentation which may be used by BIPI to confirm the identity and address of the User or that the User can afford the Subscription Plan. If BIPI determines that the User has not met BIPI’s requirements for a Subscription Plan, BIPI may reject the application, in which case BIPI shall not send the Subscription Contract to the User for signature and shall not provide a Vehicle. BIPI shall have no liability to the User or any Driver(s) for any decision it takes to not proceed with an application.
2.4 Expired driving licences and other documentation.
The User must ensure that each Driver’s driving licence and other information is kept up to date throughout the Subscription Contract.
2.5 Additional checks or information.
BIPI reserves the right to request additional documentation or undertake additional checks to complete the Registration Process.
2.6 Binding agreement.
After the User has selected a Subscription Plan and completed the Registration Process, BIPI will send the User an email with a copy of the Subscription Contract including the Hire Agreement and the General Terms. The User shall digitally sign the Hire Agreement. Once the Hire Agreement has been signed by the User, the Subscription Contract (including the Hire Agreement and the General Terms) is a legally binding contract between BIPI and the User.
2.7 Updates to the Subscription Contract.
BIPI may update a Subscription Contract by publishing changes on the Platform and updating the “Last updated” date. BIPI will inform the User of the changes by email at least thirty (30) days prior to their entry into force. Any update will not affect the Subscription Contract which has already been signed by a User and is therefore a binding contract with the User, unless the update is required to ensure compliance with any applicable law. If the User has not signed a Hire Agreement and does not agree to the update, the User may de-register their Account by following the steps on the Platform.
2.8 Personal use only.
By completing the Registration Process and entering into the Subscription Contract, the User confirms that it and each Driver shall only use the Vehicle for personal, recreational use. The User and each Driver is not permitted to use the Vehicle for any business or commercial use (including but not limited to, business travel, any taxi, hire-car, racing or similar services).
3. COMMENCEMENT AND DURATION
3.1 Start date.
The Subscription Contract starts on the date the User electronically signs the Subscription Contract and shall remain in force for the duration of the Subscription Term (subject to early cancellation as set out below).
3.2 Subscription Term.
The Subscription Term commences on the date of delivery of the Vehicle and is for the period indicated in the Hire Agreement. A Subscription Term shall be not less than one calendar month.
3.3 Cancellation by User.
(a) Before Delivery Confirmation: BIPI will contact the User approximately 24-48 hours prior to the delivery date set out in the Hire Agreement for Delivery Confirma- tion. The User may cancel the Subscription Contract at any time before the Delivery Confirmation. To cancel before Delivery Confirmation, the User must contact BIPI. (b) Vehicle not meeting description: the User may, by giving notice through the Platform or by contacting BIPI, cancel the Subscription Contract within 24 hours after delivery if the Vehicle does not match the description provided in the Hire Agreement.
(c) Cancellation during Subscription Term: if the User wishes to cancel the Subscrip- tion Contract during the Subscription Term, the User shall be liable for the full Fees payable during the Subscription Term.
3.4 Cancellation by BIPI.
(a) BIPI may cancel the Subscription Contract at any time by giving the User written notice if the User or any Driver does not comply with the terms of the Subscription Contract.
(b) If BIPI becomes or enters into any insolvency, administration, liquidation and/ or dissolution process or is the subject of a business transfer, then BIPI may at any time give written notice to the User to cancel the Subscription Contract.
3.5 Return of Vehicle.
On expiry, termination or cancellation of the Subscription Contract, the User shall: (a) cooperate with BIPI to ensure BIPI is able to collect the Vehicle. If any of the events in paragraph 3.4(b) occur, the User agrees that a third party may be appoin- ted by or on behalf of BIPI to collect the Vehicle and the User shall cooperate with such third party as it though it was BIPI directly; and (b) ensure the Vehicle is returned in the same condition as it was delivered (inclu- ding the same level of fuel or electrical charge, as applicable).
4.1 The Territory applicable to the Subscription Contract is [the United Kingdom]. This means that the Vehicle may only be driven in the [United Kingdom] and not outside of it without the prior permission of BIPI.
4.2 BIPI and the User may agree to add further country/ies within Europe to the Territory (depending on the Subscription Plan and (provided you do not take the Vehicle on a boat). Additional fees may be payable where this is permitted.
4.3 If the User wishes to extend the Territory, it must contact BIPI, specifying the additional country/ies and the departure and return dates. The User must receive prior and express authorisation from BIPI before taking the Vehicle outside the Territory.
5.1 Minimum licence requirements.
The right to drive a Vehicle is solely and exclusively limited to Drivers named on the Subscription Contract. All Drivers are required to
(i) be at least 25 years old on the date of the Subscription Contract; and
(ii) have a full (not provisional) valid driving licence which has been held for at least [two (2)] years. Certain Vehicle models may require a higher age or longer period of prior driving experience. More information about acceptable driving licences is set out in paragraph 6 below.
5.2 Additional Drivers.
During the Registration Process, the User will designate a main Driver, and may designate up to four (4) additional Drivers. The User must upload driving licence information for each Driver.
5.3 User responsibility for all Drivers.
The User remains wholly responsible and liable for its and each Drivers’ compliance with the Subscription Contract. The User agrees to pay the fines or penalties for driving infractions or crimes committed by any Driver involving the Vehicle during the Subscription Contract and any other fees or costs related to a Driver(s)’ use of the Vehicle.
5.4 People not allowed to Drive the Vehicle.
The following people are not permitted to be a Driver and must not drive the Vehicle:
(a) anyone who does not meet the minimum licence requirements set out above and / or is not named as a Driver during the Registration Process (unless expressly agreed by BIPI); or
(b) anyone who has lost their driving licence or had it withdrawn or cancelled, or been suspended or banned from driving.
Non-compliance with any of the foregoing responsibilities will be considered a breach of the General Terms. In the event such action or omission causes damage to the Vehicle, BIPI shall be entitled to charge the Vehicle repair costs as set out in the Subscription Contract.
The User shall be responsible for informing BIPI of any changes to the status of a Driver’s right to drive in the Territory.
6. DRIVING LICENCES
6.1 BIPI accepts driving licences as described in our FAQs. 7. INSURANCE
7.1 Some Vehicles include insurance and roadside assistance.
The User will be informed at the time they subscribe for a Subscription Plan whe- ther insurance and roadside assistance is included in the Fees. Where insurance and roadside assistance is provided by BIPI as part of the Subscription Contract:
8. FEES AND PAYMENTS
8.1 Fee inclusions.
The Fees are calculated with reference to the applicable Subscription Plan and set out in the Hire Agreement. The Fees are payable on a monthly basis throughout the Subscription Contract duration. The Fee includes the following services:
(a) provision of the Vehicle;
(b) the permitted per-month mileage and any additional mileage (as set out below); (c) maintenance and servicing pursuant to the user guide provided with the Vehicle; (d) where notified in advance, insurance and roadside assistance;
(e) Vehicle tax;
(f) technical testing of the Vehicle;
(g) customer service from 8am to 8pm; Monday to Friday (GMT / BST); and.
(h) all other services set out in the Subscription Contract.
The Fees are inclusive of Value Added Tax.
8.2 Fee exclusions.
In addition to the Fees, the User is responsible for:
(a) any applicable fuel, diesel exhaust fluid and energy charges (including electricity consumption);
(b) tolls or congestion charges, and
(c) any costs incurred which not specified in the Subscription Contract.
8.3 Advertised Fees.
Any fees which are advertised may be different to the Fees payable under the Subscription Contract, depending on the Subscription Plan selected, the number of Drivers and other factors. The Hire Agreement shall set out the full details of the Fees and charges payable in respect of the Vehicle.
Each Subscription Plan includes a maximum amount of mileage which may be used by the Vehicle during the Subscription Term. The applicable charges for excess mileage are set out in the Hire Agreement.
Upon entering into the Subscription Contract, BIPI shall be entitled to charge the Payment Method the Deposit. The Deposit is non-refundable until the end of the Subscription Contract. If the Deposit is not successfully made, BIPI may immediately terminate the Subscription Contract. The Deposit will remain in the possession of BIPI during the entire Subscription Contract and does not exempt the User from payment of the Fees or any other amounts.
8.6 Payment of Fees.
Upon Delivery Confirmation, and on or about the same date each month during the Subscription Contract thereafter (except where such date is a Saturday, Sunday or public holiday in which case the relevant day shall be the prior business day), BIPI shall charge the Payment Method the applicable Fees for the following month as well as any fees or charges incurred in the previous month, all as further described in the Hire Agreement (such date being the “Payment Date”).
Each month approximately 1-2 days after to the Payment Date, BIPI shall send a re- ceipt to the User by email setting out the Fees which were charged to the Payment Method on the previous Payment Date.
8.8 Processing payments.
BIPI uses a third-party payment service provider to process all payments under the Subscription Contract. The User agrees that BIPI may share the User’s Payment Method with the payment processor to collect and manage payments, and the Pay- ment Method may be retained for up to 12 months from the end of the Subscrip- tion Contract. BIPI shall not be liable for any fraudulent or improper use of User’s payment data by third parties. In the event that the payment methods enabled on the Platform do not work or are not accessible for reasons beyond BIPI’s control, BIPI shall not be held liable for any inconvenience or loss suffered by a User.
8.9 Updating the Payment Method.
The User must ensure that the Payment Method shall be valid throughout the du- ration of the Subscription Contract and for 12 months after. The User may update the Payment Method through the Platform; any updated Payment Method must be valid throughout the duration of the Subscription Contract and for 12 months after.
(a) it is included within the Fees; and
8.10 Unsuccessful payment.
(b) the User shall be provided with details of the insurance and roadside assistance
If BIPI is unable to charge the Fees on the Payment Date, BIPI shall notify the User as part of the Hire Agreement. These details will be set out in the Insurance Annex.
by email, phone and / or post that the payment has not been successful and attempt to charge the Payment Method again. BIPI may make multiple attempts to 7.2 If a Subscription Plan does not include insurance and roadside assistance, the
charge the Payment Method for the Fees, on a daily basis, over a period of two to User must insure the Vehicles with a reputable insurer under a fully comprehensive
three weeks. BIPI will not attempt to collect partial payments. If the User does not policy against all risks of loss or damage (including third party liability, fire, theft and
make prompt payment or otherwise reach an agreement with BIPI, BIPI may take accident) and for the landed cost full replacement value of the Vehicles without any
such steps as it considers necessary which may include:
unusual excess or restriction for the full period of the Subscription Contract (inclu-
(a) immobilising the Vehicle;
ding any renewal) unless agreed otherwise, and at the User’s cost. The User shall
(b) recovering the Vehicle;
provide details of the insurance held to BIPI prior to or upon Delivery Confirmation.
(c) treating the non-payment as early termination by the User, in which case the Should the User require roadside assistance, the User shall be liable for any costs
remainder of the Fees for the remaining period of the Subscription Contract may incurred
(d) applying the Deposit towards any overdue Fees;
(e) notifying the police;
(f) taking legal action against the User to recover overdue payments; and / or
(g) exercising any other rights BIPI may have under the Subscription Contract or applicable law.
The User is responsible for the violation of any applicable laws during the term of the Subscription Contract, including road traffic offences, parking fines and similar. The User will be responsible for all parking penalties, fines, fees, surcharges, and similar which are related to the User or any Driver’s use of the Vehicle or any servi- ces. BIPI will manage and process any parking or road traffic offence penalties, fines, fees and surcharges on behalf of the User, and pass these onto the User together with any other costs payable as set out in the Hire Agreement. BIPI will notify the User by email in the event that a fine is received and the User agrees to cooperate as requested by BIPI. The corresponding charges will be charged to the Payment Method.
8.12 Continuous payment authority.
A continuous payment authority allows BIPI to issue instructions to a payment service provider to collect payment via the Payment Method. The User hereby consents to BIPI making one or more requests to such payment service provider for one or more payments from the User’s Payment Method, in accordance with this Subscription Contract. The User may cancel the continuous payment authority in writing to BIPI; however, this will result in the User terminating the Subscription Contract and the remainder of the Fees for the remaining period of the Subscrip- tion Contract may apply. Users may request changes to the Payment Date by contacting BIPI; however, BIPI shall not be bound to accept such request.
9. DETAILS OF THE VEHICLE
9.1 BIPI confirms that the Vehicle shall have the same or substantially similar technical characteristics and condition to the Vehicle selected by the User prior to entry into the Subscription Contract, together with the complete documentation of the Vehicle, as well as mandatory elements such as keys, tools, accessories [and emergency items such as reflective vests and triangles].
10. DELIVERY OF THE VEHICLE
10.1 Delivery costs.
The costs of delivery of the Vehicle are included in the Fees. BIPI will deliver and / or collect the Vehicle at the time agreed with the User through the Delivery Confirma- tion. The first payment of the Fees is made upon Delivery Confirmation.
10.2 Delivery changes.
BIPI reserves the right to make changes to the place or the agreed time of delivery or collection due to circumstances beyond the control of BIPI, such as traffic incidents, blocked streets, public cleaning tasks or any other circumstance that may affect the circulation of vehicles. BIPI will inform the User of these changes as soon as possible in order to set a new time for delivery and / or collection.
10.3 Identification of User.
On delivery of the Vehicle to the User, the User must identify himself by showing his driving licence. BIPI shall confirm that the driving licence matches the copy provided during the Registration Process and comply with the requirements of the Subscrip- tion Contract. In the event there is no match, or non-compliance, BIPI shall attempt to resolve the issue. If the issue cannot be resolved, BIPI may immediately cancel the Subscription Contract and shall not complete the delivery of the Vehicle.
10.4 Vehicle inspection.
The User must inspect the Vehicle, including any extras and / or accessories that the User has selected for the Vehicle. If any damage or other issues are noted, BIPI shall reflect this in the Subscription Contract. The User acknowledges that the Vehi- cle must be returned in the same condition in which it was provided at delivery.
10.5 Vehicle keys.
To ensure the Vehicle’s security, BIPI will under no circumstances provide a second key to the Vehicle. In the event of any loss or misplacement to the key, the User shall be responsible for paying any charges associated with providing a replacement key, as set out in the Hire Agreement. Any replacement key must be returned to BIPI at the end of the Subscription Contract.
11. USER AND DRIVER RESTRICTIONS AND RESPONSIBILI- TIES
(e) carry passengers for commercial purposes or use on ride sharing or ride hailing apps or services;
(f) use the Platform or the Vehicle under a vehicle for hire licence to hire vehicles with drivers;
(g) transport drugs, toxic, inflammable and in general dangerous substances and / or substances that infringe applicable laws;
(h) drive under the influence of alcohol, hallucinogenic drugs, narcotics, barbitura- tes, medications, relaxants or other similar substances, treatments that prohibit or discourage driving, or any other substances that may interfere with driving ability; (i) manipulate the mileage clock of the Vehicle;
(j) use the Vehicle for races, competitions or challenges of any nature;
(k) transport live animals (except for pets and / or domestic animals, subject to the prior and express authorization of BIPI);
(l) use the Vehicle to give driving lessons;
(m) use the Vehicle to tow or push other vehicles or any other object;
(n) use the Vehicle when the alarm lights on the control panel light up or when the Vehicle is obviously damaged (and the User shall promptly contact BIPI about any such alarm lights or damage);
(o) drive inside ports, airports, airfields and / or similar enclosures of a non-acces- sible nature to public traffic, as well as in refinery and oil facilities or enclosures, unless expressly authorized in writing by BIPI;
(p) use the Vehicle outside the Territory without the express prior authorisation of BIPI;
(q) [transport the Vehicle on board any type of ship, train, truck or plane, unless expressly authorized in writing by BIPI];
(r) modify any technical characteristics of the Vehicle, or making modifications to its exterior and / or interior appearance, such as by placing signs. In case of non-com- pliance, the User will be liable for the reasonable expenses incurred by BIPI by reconditioning the Vehicle to its original state; and / or
(s) smoke inside the Vehicle.
The performance of any of the foregoing prohibited actions will be considered a breach of the General Terms. In the event such prohibited action causes damage to the Vehicle, BIPI shall be entitled to charge the Vehicle repair costs as set out in the Hire Agreement.
11.2 The User must, and must ensure Drivers shall (where applicable):
(a) comply with applicable laws, including road traffic rules and regulations, in force in the Territory;
(b) make any payments required by the Subscription Contract;
(c) carry the documentation related to the Subscription Contract inside the Vehicle; (d) implement mandatory child restraint systems as may be required by applicable law;
(e) ensure the safety of luggage or goods transported, so that they cannot cause damage to the Vehicle and always in compliance with any legally mandated weight, quantity and / or volume limits;
(f) protect the Vehicle from unauthorised use or theft, in particular ensuring that it is properly locked and protected by anti-theft devices when parked or left unatten- ded;
(g) refuel the Vehicle with the appropriate type of fuel;
(h) carry out regular checks of the liquids and oil levels, as well as, in general, to comply with the obligation to submit the Vehicle to the necessary safety inspections or revisions following BIPI’s instructions, which must be carried out in authorised workshops;
(i) stop the Vehicle in accordance with the obligations set out in the vehicle and traffic legislation and inform BIPI and / or the arranged roadside assistance com- pany in the event of breakdown, malfunction and / or illumination of the dashboard lights;
(j) in the event of damage to the tyres, ensure repair and / or replacement with another tyre of the same type, in authorised workshops. The User will be liable for the incorrect replacement of the tyres;
(k) ensure the security of their property deposited inside the Vehicle, and being fully liable for any damage to or theft of these;
(l) be liable for damages suffered to the Vehicle and /or to third parties in the event of violation of the General Terms, including in particular the rules around permitted Drivers;
(m) return the Vehicle, accessories and / or materials delivered by BIPI in the same condition of use and maintenance as delivered, together with the same amount of fuel the Vehicle had at the time of delivery, being liable for any defects or damages incurred, as set out in the Hire Agreement;
(n) if Bipi requires it, provide a clear and legible photo of the mileage clock, as well as to pay for the extra mileage if applicable as set out in the Hire Agreement; and (o) communicate to BIPI the need for mandatory technical inspection and/or vehicle checks at the appropriate time, and BIPI shall coordinate the necessary appoint- ments and assume the cost thereof.
Non-compliance with any of the foregoing responsibilities will be considered a breach of the General Terms. In the event such action or omission causes damage The User must not, and must ensure Drivers do not:
to the Vehicle, BIPI shall be entitled to charge the Vehicle repair costs as set out in the Hire Agreement.
(a) drive the Vehicle on unauthorized or unpaved roads, or other roads in poor
condition which could pose a risk of damage to the Vehicle, or on any race track;
(b) drive the Vehicle in disregard of speed limits, traffic signs or in contravention of
any regulatory provisions applicable in the Territory;
(c) transport more people than the Vehicle’s capacity allows, as determined in the
12.1 Any Incident must be reported to BIPI by contacting BIPI, within 48 hours. technical inspection form of the Vehicle;
(d) assign, sublet, rent, mortgage, pledge, sell or in any way give as a guarantee or
12.2 The User must also inform [their insurance provider unless such insurance is transfer title to or interest in the Vehicle;
included as part of the Subscription Contract] and the police of each Incident. The police should be contacted immediately if an Incident involves any crime or injury to any person.
12.3 If the User does not give prompt notice of the Incident, any insurance included as part of the Subscription Contract may not be valid and BIPI shall be entitled to charge the Vehicle repair costs as set out in the Hire Agreement.
12.4 If there are 2 or more Incidents relating to the Vehicle during the Subscription Contract, BIPI may immediately terminate the Subscription Contract and recover the Vehicle from the User.
13. GENERAL PROVISIONS
13.1 Force Majeure.
BIPI is not responsible for any acts, omissions or losses which are caused by factors outside its reasonable control.
If BIPI does not enforce any of its rights at the time they arise, it may choose to exercise that right at a later date.
13.3 Severable provisions.
If any provision of the Subscription Contract is found to be unenforceable, all other provisions shall remain unaffected.
13.4 No assignment.
The User may not assign to third parties the rights and obligations arising from the Subscription Contract and / or subcontract any of the obligations derived from it, without the express written authorization of BIPI.
13.5 Liability not excluded.
Nothing in this Subscription Contract will (i) operate to limit any statutory rights available to the User or the Driver as applicable, or (ii) limit BIPI’s liability for anything which may not be limited under applicable law, including death or personal injury caused by its negligence, or fraud.
13.6 Dispute resolution.
This Subscription Contract is governed by English law, except that if you are a consumer and not a business user and you live in Scotland or Northern Ireland, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law. Any dispute between BIPI and the User regarding this Subscription Contract will only be dealt with by the English courts, except that if you are a consumer and not a business user and you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
13.7 Contact us.
If you have any questions or complaints, or you experience any Incident, please get in touch with us:
Customer service hours: Monday to Friday, from 8:30 a.m. to 5:30 p.m.
ANNEX: OTHER PAYMENTS
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