SUBSCRIPTION CONTRACT SUMMARY
ABOUT US
We are Bipi MOBILITY UK LIMITED (“BMUK”, “we”, “our” or “us”).
Address: C/O 9-10 Staple Inn, London, United Kingdom, WC1V 7QH
Registered number: 13983581
Telephone: 0800 086 8150
Customer service hours: Monday to Friday, from 8:30 a.m. to 5:30 p.m.
E-mail:contact_uk@bipicar.com
VAT number: 418 9533 69
OVERVIEW OF OUR SERVICE
BMUK provides vehicle rental services through Subscription Plans, details of which are made available on the Platform. Users may rent a Vehicle by choosing a Subscription Plan and, subject to BMUK completing certain checks, agreeing to both the Hire Agreement and these General Terms (together, the “Subscription Contract”).
If you sign up for an an Account on the Platform, only the General Terms will apply to you. If you choose to subscribe for a Vehicle, as part of the application process you will be required to enter into the Hire Agreement and the Hire Agreement will apply to you along with these General Terms.
The Fees payable in connection with your Subscription Plan will be those notified to you at the time you enter the Subscription Contract.
When we refer to the User or “you” in the Subscription Contract, we mean the person who uses the Platform or the person named in the Hire Agreement, whether in their individual capacity, or as authorised for and on behalf of the Business for which they work. Any capitalised terms set out in the Subscription Contract are defined in para graph 1 of these General Terms.
We collect and process personal information in accordance with our Privacy Policy.
STRUCTURE OF THIS SUBSCRIPTION CONTRACT
This Subscription Contract comprises:
(a) this summary page;
(b) the Hire Agreement – this agreement is regulated by the Consumer Credit Act 1974 (unless it is a Non-Regulated Subscription Contract); and (c) the General Terms – the general terms and conditions follow on from this summary page and regulate the contractual relationship between BMUK and you, including your use of the Platform.
If there is any inconsistency between the Hire Agreement and the General Terms, the terms set out in the Hire Agreement will take priority. This Subscription Contract was last updated on 01/06/2023.
REGULATORY INFORMATION FOR USERS (OTHER THAN USERS WITH NON-REGULATED SUBSCRIPTION CONTRACTS)
We are an appointed representative of ITC Compliance Limited which is authorised and regulated by the Financial Conduct Authority. ITC Compliance Limited has a firm reference number of 313486. Our firm reference number is 983994.
You can check these details by visiting the Financial Conduct Authority website www.fca.org.uk or by contacting the Financial Conduct Authority on 0800 111 6768. The Financial Conduct Authority is the supervisory authority under the Financial Services and Markets Act 2000.
1. GLOSSARY
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.
1.2 Definitions
GENERAL TERMS
Vehicle 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
Account means the User’s online account on the Portal; Business means a trading entity which is not a sole trader or small partnership;
Business User means a User who is a Business; Delivery Confirmation means BIPI’s confirmation of the date means BMUK’s confirmation of the date and time
at which the Vehicle will be delivered to the User;
Deposit means the one-off deposit payable in accordance with paragraph 8.5 as further set out in the Hire
Agreement;
Driver means the named person(s) identified in a signed Hire Agreement (including the User, other than a
Business User) who are entitled to drive the
Vehicle;
Fees means the fees to be paid by the User to BMUK in relation to this Subscription Contract, all as
specified in the Hire Agreement or these General
Terms;
General Terms means these general terms and conditions which regulate the contractual relationship between
BMUK and the User;
Hire Agreement means either (a) the hire agreement regulated by the Consumer Credit Act 1974 or (b) in rela
tion to a Non-Regulated Subscription Contract,
the hire agreement which sets out details of the
subscription for the Vehicle;
Incident any accident, theft or damage (including but not limited to fire or vandalism) involving or affecting
a Vehicle;
Insurance Annex means, where applicable, the summary of the Vehicle insurance and roadside assistance
included with a Vehicle and which is provided as
part of (and incorporated into) the Subscription
Contract;
Insurance Requirement means the requirements a User must comply with in respect of each Driver, to determine the
User’s eligibility for Vehicle insurance (where
applicable);
Minimum Term means the minimum duration of the Subscription Contract which will depend on the Subscription
Plan selected and which is stated in the Hire
Agreement;
Non-Regulated Susbscription Contract
the contract for the hire of a Vehicle which
comprises the Hire Agreement and the General
Terms and which is made between BMUK and
any Business User;
Payment Method means the debit or credit card provided by the User to make payments of the Fees;
Platform means the online portal made available by BMUK at www.Bipicar.com which enables the
User to create an Account, complete the Regis
tration Process and enter the Subscription Con
tract;
Privacy Policy means the policy that describes BMUK’s collec tion and processing of personal data related to
the Subscription Contract available in our
website;
Registration Process 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;
Subscription Contract means the contract for the hire of a Vehicle which comprises the Hire Agreement and the
General Terms (and where appropriate,
references to Subscription Contract shall include
any Non-Regulated Subscription Contract);
Subscription Plan means the particular plan selected by the User to hire the Vehicle which shall amongst other ma
tters set out the Fees payable, the duration, the
category or model of the Vehicle, the contracted
mileage and insurance coverage (where applica
ble);
Territory means the United Kingdom;
User means a customer of BMUK who purchases a Subscription Plan and is named in the Hire
Agreement;
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. Where an individual opens an Account on the Platform on behalf of a Business User, they confirm to BMUK that they are authorised by the relevant Business to create the Account, accept the General Terms, establish the Subscription Plan, sign the Hire Agreement and bind the Business.
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 BMUK.
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 BMUK. To complete the Registration Process, the User must provide the information requested by BMUK. This informa tion will include copies of the driving licence for each proposed Driver of the Vehi cle, information about the preferred Payment Method, the Insurance Requirements and other documentation which may be used by BMUK to confirm the identity and address of the User or that the User can afford the Subscription Plan. If BMUK determines that the User has not met BMUK’s requirements for a Subscription Plan, BMUK may reject the application, in which case BMUK shall not send the Subscrip tion Contract to the User for signature and shall not provide a Vehicle. BMUK 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
BMUK reserves the right to request additional documentation or undertake additio nal checks to complete the Registration Process.
2.6 Binding agreement
After the User has selected a Subscription Plan and completed the Registration Process, BMUK 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 BMUK and the User.
2.7 Updates to the Subscription Contract
BMUK may update a Subscription Contract by publishing changes on the Platform and updating the “Last updated” date. BMUK 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), including where the User is a Business User.
3. COMMENCEMENT AND DURATION
3.1 Start date of Subscription Contract
The Subscription Contract starts on the date the User electronically signs the Subs cription Contract and shall remain in force for the duration of the Minimum Term and any renewal (subject to early cancellation as set out below).
3.2 Start date of Minimum Term
The Minimum Term starts on the date the Vehicle is delivered to you. BMUK will contact the User approximately 24-48 hours prior to the delivery date set out in the Hire Agreement for Delivery Confirmation. The delivery date must be at least
14 days after the date of the Hire Agreement, unless the User is a Business User in which case the delivery date may be any date after the date of the Hire Agreement.
3.3 Renewals
After the Minimum Term has expired, the Subscription Contract will automatically renew on the same terms on a monthly basis unless the User opts out by following the instructions on the Platform or calling BMUK’s customer service team.
3.4 Opting out of Renewals by User
Except as provided below, the User cannot cancel the Subscription Contract during the Minimum Term. If the User does not wish to renew the Subscription Contract at the end the of Minimum Term, the User must give at least 15 days’ prior notice (through the Platform or by calling BMUK’s customer service team). At any time after the Subscription Contract has been renewed, the User must give at least 15 days’ prior notice (through the Platform or by calling BMUK’s customer service team) to cancel the Subscription Contract.
3.5 Cancellation by User
(a) Cooling-off period: this paragraph does not apply to any Business User. In accor dance with the User’s statutory rights, a User may cancel the Subscription Contract within 14 days of the contract being formed (the “Cooling-off Period”). The contract is formed on signature of the Hire Agreement (see paragraph 2.6 above). To cancel the Subscription Contract during the Cooling-off Period, please contact BMUK or
complete the Cancellation Form. You will not be charged any costs if you choose to cancel during the Cooling-off Period. BMUK shall not deliver a Vehicle to a User prior to the expiry of the Cooling-off Period.
(b) Vehicle not meeting description: the User may, by giving notice through the Platform or by contacting BMUK, cancel the Subscription Contract within 24 hours after delivery if the Vehicle does not match the description provided in the Hire Agreement.
(c)At any other time during a Subscription Plan: if a User wishes to cancel the Subscription Contract before the end of the Minimum Term, the User may by give notice through the Platform or by calling BMUK’s customer service team, and an early cancellation fee may apply. The early cancellation fee shall be: (i) the remaining Fees payable under the Hire Agreement if there are less than 2 months remaining on the Minimum Term; or (ii) the equivalent of 2 months’ Fees if there are 2 months or longer remaining on the Minimum Term (in either case, in accordance with the Fees set out in the Subscription Contract).
The early termination fee for electric vehicles shall be, irrespective of the duration of the initial contract:
(i) the equivalent of 3 monthly payments for contracts with a remaining duration, equal to or longer than 6 months.
(ii) the equivalent of 2 monthly payments for contracts with a remaining duration of less than 6 months.
(iii) the equivalent of 1 monthly payment for contracts with a remaining duration of 1 month.
3.6 Cancellation by BMUK
(a) BMUK 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) BMUK may give not less than 15 days’ advance notice to the User by email that the Subscription Contract will come to an end at the end of the Minimum Term or any renewal period. Where BMUK gives such notice, the Subscription Contract will terminate at the end of the Minimum Term or renewal period.
(c) If BMUK becomes or enters into any insolvency, administration, liquidation and/ or dissolution process or is the subject of a business transfer, then BMUK may at any time give written notice to the User to cancel the Subscription Contract.
Likewise BIPI may urge termination of the Rental Contract when the latter is not capable of guaranteeing the continued availability of the Car to the Customer; this including always cases where it may be appropriate to update the fleet made available for Customers and in general in all those circumstances when due to operational, commercial and/or logistic reasons BIPI requires guarantees for the correct and appropriate provision of the Service. Such termination shall be evidenced by the delivery of the relevant notice to the Customer with a thirty-day (30) prior notice to the termination date of the relevant instalment.
3.7 Return of the Vehicle
On expiry, termination or cancellation of the Subscription Contract, the User shall: (a) cooperate with BMUK to ensure BMUK is able to collect the Vehicle. If any of the events in paragraph 3.6(c) occur, the User agrees that a third party may be appoin ted by or on behalf of BMUK to collect the Vehicle and the User shall cooperate with such third party as it though it was BMUK 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. TERRITORY
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 BMUK.
4.2 BMUK 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 BMUK, specifying the additional country/ies and the departure and return dates. The User must receive prior and express authorisation from BMUK before taking the Vehicle outside the Territory.
5. DRIVERS
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 BMUK); or
(b) anyone who has lost their driving licence or had it withdrawn or cancelled, or been suspended or banned from driving.
5.5 Insurance Requirements
This section only applies where a Subscription Plan includes insurance. During the Registration Process, the User must truthfully and fully answer the Insurance Re quirements in respect of each Driver. Any incomplete, misleading or untrue answer shall mean any insurance may not be valid and BMUK shall be entitled to charge the Vehicle repair costs as set out in the Hire Agreement.
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, BMUK shall be entitled to charge the Vehicle repair costs as set out in the Subscription Contract.
The User shall be responsible for informing BMUK of any changes to the status of a Driver’s right to drive in the Territory.
6. DRIVING LICENCES
6.1 BMUK accepts driving licences as described in our FAQs.
7. INSURANCE
7.1 Where a Subscription Plan includes Vehicle insurance and roadside assistance, these are included as part of the Fees. Where applicable, a summary of the appli cable insurance and roadside assistance are set out in the Insurance Annex. BMUK may update the summary from time to time by giving the User written notice. 7.2 Where a Subscription Plan includes Vehicle insurance and roadside assistance, the User shall immediately inform BMUK, by giving notice through the Platform or by contacting BMUK, if any of the answers (in relation to the User or any Driver) to any of the Insurance Requirements change. BMUK may cancel the Subscription Contract immediately by giving the User written notice if the User or any Driver no longer meets BMUK’s insurance requirements, determined through the Insurance Requirements and as set out in the Insurance Annex.
7.3 If the Subscription Plan does not include insurance, the User must obtain his own insurance for the duration of the Subscription Contract (including for each Driver) and provide details of the insurance to Bipi on request.
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 (subject to the delivery costs set out in the Hire Agree ment);
(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) Vehicle tax;
(e) technical testing of the Vehicle;
(f) replacement Vehicle solely in accordance with BMUK´S FAQS.;
(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 (except in relation to Business Users, where the Value Added Tax shall be separately itemised). Insurance and roadside assistance is only included where the Subscription Plan specifies it is included.
The Fees are inclusive of Value Added Tax (except in relation to Business Users, where the Value Added Tax shall be separately itemised).
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;
(c) insurance and roadside assistance, unless the Subscription Plan states otherwi se; and
(d) any costs incurred which are not specified in the Subscription Contract.
(e) be aware of the MOT expiration date of your vehicle and attend the appointment arranged by BMUK previously
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.
Bipi Mobility UK Limited || 418 9533 69 || 100 Old Hall Street, Liverpool, UK, L3 9QJ || www.bipicar.com
8.4 Price Update
Moreover this Price may be updated and amended at any time during the life of the Lease Contract being previously notified to the User by email or by any other means considered deem. In this case the User will have a period of thirty (30) days to oppose to such update. If after this period the User has not exercised such right to opposition it shall be understood that such variation has been fully accepted by the latter without any ulterior right to oppose or take any action to this respect.
8.5 Outsourcing. Third party service providers
In order to carry out its activity, BIPI collaborates with third party companies that are necessary for the correct provision of the agreed subscription service.
To this end, the CLIENT authorises BIPI to subcontract any part of the Services, as well as to use specific products and/or services from third party suppliers for the provision thereof, only having to inform BIPI in advance if the provision of the services by the third party is carried out in a substantial part of the Services. This notification is not necessary for BIPI's usual suppliers, a fact known and accepted by the CLIENT.
For this purpose, all those who provide automotive equipment services, financing and credit
services, insurance coverage services or maintenance services, among others, are considered
to be usual suppliers.
In particular, the CLIENT declares that it accepts that sub-contracted services may be invoiced,
where applicable, either by BIPI or directly by any usual supplier, without the CLIENT having to
be notified, and that it is also obliged to pay them under the same conditions as if they were
invoices issued by BIPI.
Furthermore, the CLIENT declares that is aware that, as an independent third party to which
BIPI sub-contracts its services, BIPI has no power of control over its rates and that these may
vary in a discretionary manner either due to internal factors (such as company decisions,
pricing policy, etc.) or due to external factors (such as inflation, catastrophes, wars, pandemics,
economic crises, etc.).
Consequently, a future variation in the rates of these third parties may lead to a variation in
the price agreed for the vehicle subscription contracts, with repercussions on the monthly fee
to be paid by the CLIENT.
8.6 Mileage
Each Subscription Plan includes a maximum amount of mileage which may be used by the Vehicle in any month. BMUK may review the Vehicle’s mileage and additional charges may apply for any mileage above the permit ted maximum. The applicable charges for excess mileage are set out in the Hire Agreement.
8.7 Deposit
Upon entering into the Subscription Contract, BMUK 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, BMUK may immediately terminate the Subscription Contract. The Deposit will remain in the possession of BMUK during the entire Subscription Contract and does not exempt the User from payment of the Fees or any other amounts.
8.8 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), BMUK 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”).
8.9 Invoicing
Each month approximately 1-2 days after to the Payment Date, BMUK shall send a receipt to the User by email setting out the Fees which were charged to the Pay ment Method on previous Payment Date.
8.10 Processing payments
BMUK uses a third-party payment service provider to process all payments under the Subscription Contract. The User agrees that BMUK may share the User’s Payment Method with the payment processor to collect and manage payments, and the Payment Method may be retained for up to 12 months from the end of the Subscription Contract. BMUK 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 BMUK’s control, BMUK shall not be held liable for any inconvenience or loss suffe red by a User.
8.11 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.
8.12 Unsuccessful payment
If BMUK is unable to charge the Fees on the Payment Date, BMUK shall notify the User by email, phone and / or post that the payment has not been successful and attempt to charge the Payment Method again. BMUK may make multiple attempts to charge the Payment Method for the Fees, on a daily basis, over a period of two
to three weeks. BMUK will not attempt to collect partial payments. If the User does not make prompt payment or otherwise reach an agreement with BMUK, BMUK may take such steps as it considers necessary which may include:
(a) recovering the Vehicle;
(b) treating the non-payment as early termination by the User, in which case the charges set out in the Hire Agreement shall apply;
(c) applying the Deposit towards any overdue Fees;
(d) notifying the police;
(e) taking legal action against the User to recover overdue payments; and / or (f) exercising any other rights BMUK may have under the Subscription Contract or applicable law.
8.13 Fines
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 si milar which are related to the User or any Driver’s use of the Vehicle or any services. BMUK 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. BMUK will notify the User by email in the event that a fine is received and the User agrees to cooperate as requested by BMUK. The corresponding charges will be charged to the Payment Method.
8.14 Continuous payment authority
A continuous payment authority allows BMUK to issue instructions to a payment service provider to collect payment via the Payment Method. The User hereby consents to BMUK 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 BMUK; however, this will result in the User terminating the Subscrip tion Contract and so fees will apply in accordance with paragraph 3.5. Users may request changes to the Payment Date by contacting BMUK; however, BMUK shall not be bound to accept such request.
9. DETAILS OF THE VEHICLE
9.1 BMUK 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.
9.2 In accordance with the Privacy Policy, BMUK will include geolocation devices in the Vehicle that will allow BMUK to access the information about the location of the Vehicle and its journeys.
9.3 Updating the Vehicle – Minimum Term of 6 months or less
Subject to agreement of a new Subscription Contract, the User may choose to change the Vehicle upon or after the end of the Subscription Contract with a Minimum Term of 6 months or less. A new Minimum Term may apply to the new Vehicle.
9.4 Updating the Vehicle – Minimum Term of more than 6 months
Subject to agreement of a new Subscription Contract, the User may choose to change the Vehicle after the longer of six months from (i) the start of the Subscription Contract or (ii) the last Vehicle change. The applicable Minimum Term shall be the longer of the remaining Minimum Term on the first Vehicle, or the Minimum Term applicable to the new Vehicle. If a new Subscription Contract is agreed, no early cancellation fee shall apply to the cancellation of the earlier Subscription Contract.
9.5 Updating conditions for electric vehicles: Subject to agreement of a new Subscription Contract, the User may choose to change the vehicle for another (electric or not) exclusively:
- For contracts with a duration of 12 months or more, the change can always be made when half of the initial contract term has been completed.
- In the case of a contract of less than 12 months, the User may not exchange the vehicle for any other vehicle (electric or otherwise).
9.6 Updated Registration Process
BMUK is entitled to request information and update the Registration Process before agreeing to provide any updated Vehicle.
9.7 Updated Vehicle delivery cost
BMUK shall be entitled to charge the User the delivery cost for any updated Vehicle in accordance with the Hire Agreement.
10. DELIVERY OF THE VEHICLE
10.1 Delivery costs
The costs of delivery of the Vehicle are set out in the Hire Agreement. BMUK will deliver and / or collect the Vehicle at the time agreed with the User through the Delivery Confirmation. The first payment of the Fees, including the delivery fee, is made upon Delivery Confirmation.
10.2 Delivery location
Delivery will be made only to mainland locations in the Territory.
10.3 Delivery changes
BMUK reserves the right to make changes to the place or the agreed time of deli very or collection due to circumstances beyond the control of BMUK, such as traffic incidents, blocked streets, public cleaning tasks or any other circumstance that may affect the circulation of vehicles. BMUK will inform the User of these changes as soon as possible in order to set a new time for delivery and / or collection.
BIPI shall not be liable for any losses, claims, expenses whatsoever (including but not limited to hire car fees and loss of use claims) if there is a delay or otherwise in the estimated delivery date.
10.4 Identification of User
On delivery of the Vehicle to the User, the User must identify himself by showing his driving licence. BMUK shall confirm that the driving licence matches the copy provided during the Registration Process and comply with the requirements of the Subscription Contract. In the event there is no match, or non-compliance, BMUK shall attempt to resolve the issue. If the issue cannot be resolved, BMUK may immediately cancel the Subscription Contract and shall not complete the delivery of the Vehicle.
10.5 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, BMUK shall reflect this in the Subscription Contract. The User acknowledges that the Vehicle must be returned in the same condition in which it was provided at delivery.
10.5 Vehicle keys
To ensure the Vehicle’s security, BMUK 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 BMUK at the end of the Subscription Contract.
11. USER AND DRIVER RESTRICTIONS AND RESPONSIBILI TIES
11.1 Restrictions
The User must not, and must ensure Drivers do not:
(a) drive the Vehicle on unauthorised 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 technical inspection form of the Vehicle;
(d) assign, sublet, rent, mortgage, pledge, sell or in any way give as a guarantee or transfer title to or interest in the Vehicle;
(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 authorisation of BMUK);
(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 BMUK 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 authorised in writing by BMUK;
(p) use the Vehicle outside the Territory without the express prior authorisation of BMUK;
(q) transport the Vehicle on board any type of ship, train, truck or plane, unless expressly authorised in writing by BMUK;
(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 BMUK 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, BMUK 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 unattended; (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 BMUK’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 BMUK 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 BMUK 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 BMUK 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 BMUK the need for mandatory technical inspection and/or vehicle checks at the appropriate time, and BMUK shall coordinate the necessary appointments 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 to the Vehicle, BMUK shall be entitled to charge the Vehicle repair costs as set out in the Hire Agreement.
12. INCIDENTS AND REPLACEMENT VEHICLE
12.1 Any Incident must be reported to BMUK by contacting BMUK, within 48 hours. 12.2 The User must also inform 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, the insurance (where included in the Subscription Plan) may not be valid and BMUK shall be entitled to charge the Vehicle repair costs as set out in the Hire Agreement.
12.4 If there are 3 or more Incidents relating to the Vehicle during the Subscription
Contract, BMUK may immediately terminate the Subscription Contract and recover the Vehicle from the User.
13. GENERAL PROVISIONS
13.1 Force Majeure
BMUK is not responsible for any acts, omissions or losses which are caused by factors outside its reasonable control.
13.2 Waiver
If BMUK 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 authorisation of BMUK.
13.5 Liability not excluded
Nothing in this Subscription Contract will (i) operate to limit any statutory rights avai lable to the User or the Driver as applicable, or (ii) limit BMUK’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 BMUK 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 Complaints
Our process for dealing with complaints is set out in our Complaints Policy. If you are not happy with the way that we deal with your complaint in relation to this Subscription Contract you may be able to refer your complaint to the Financial Om budsman Service (https://www.financial-ombudsman.org.uk/) by writing to Financial Ombudsman Service, Exchange Tower, London E14 9SR, calling 0800 023 4 567 or 0300 123 9 123 or sending an email to complaint.info@financial-ombudsman.org. uk. The right to refer your complaint to the Financial Ombudsman Service does not apply to Business Users.
13.8 Contact us
If you have any questions, or you experience any Incident, please get in touch with us:
Telephone: +44 800 098 4042
Customer service hours: Monday to Friday, from 8:30 a.m. to 5:30 p.m. E-mail: contact_uk@bipicar.com
Eligibility requirements
INSURANCE ANNEX
This Insurance Annex applies only where the Subscription Plan includes insurance and roadside assistance.
The User shall comply with, and ensure that each Driver complies with, each of the following Insurance Requirements in respect of the insurance provided with the Subscrip tion Plan:
(a) be between 25 and 70 years old;
(b) have be held a full UK/EU Driving Licence for at least two years;
(c) be living in the UK and have been resident for at least two years;
(d) not have been banned from driving within the last five years;
(e) not have been refused motor insurance cover or have had a motor insurance policy declined or treated as void by a motor insurer;
(f) not have got any criminal conviction and/or motoring convictions with the following codes UT50; CD40; CD50; CD60;CD70; CD71; DD40; DD60; DD80; DR10; DR20; DR30; DR31; DR40; DR50; DR60; DR61; DR70; DR80 or DR90 unless they have been declared to BMUK, who shall at its discretion seek approval from the insurance company;
(g) not had more than two accidents within the last five years; and have not had more than six penalty points on their driving licence in the last three years; and (h) not be engaged in professional sport.
Any incomplete, misleading or untrue answer to the Insurance Requirements shall mean the insurance may not be valid and BMUK shall be entitled to charge the Vehicle repair costs as set out in the Hire Agreement.
Insurance policy
Please carefully review the insurance coverage summary and overview of insurance, which are found at the link. The insurance applies throughout the Minimum Term and any renewal (provided the User and each Driver continues to meet the Insurance Requirements set out above).
Roadside Assistance
BMUK will provide details about roadside assistance upon request.
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