FLEET - Terms of Service

Effective Date: 2nd June 2017

  1. THESE TERMS
    • Dash Apps Limited (trading as “Fleet”) (“we”, “us”, “Fleet”) provides a peer to peer car rental service platform (the “Services“). The Services are accessible through Fleet’s applications for mobile, tablet and other smart devices (collectively, the “Application“), and further details can be found at jointhefleet.com (the “Site”).
    • These are the Terms of Service (the “Terms”), on which we supply Services to you. Please read these terms carefully before you use the Services. These terms tell you who we are, how we will provide Services to you, what to do if there is a problem and other important information.
    • The Site, Application and Services comprise a platform through which individuals may create listings for car rental services which users may avail of. Fleet is not a party to any agreements entered into between Owners and Drivers, nor is Fleet an agent, underwriter or insurer. Fleet has no control over the Owners, Drivers and other users of the Site, Application and Services, and disclaims all liability in this regard to the fullest extent permitted by law.
    • If you choose to create a listing on Fleet, you understand and agree that your relationship with Fleet is limited to being a Fleet Account holder and an independent, third-party contractor, and not an employee, agent or partner of Fleet for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Fleet.
    • Fleet does not control, and has no right to control, your listing, or any other matters related to any listing, that you provide. As a Fleet Account holder you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Fleet.
  2. INFORMATION ABOUT US
    • Who we are. We are Dash Apps Limited (trading as “Fleet”) a company registered in Ireland. Our company registration number is 586289 and our registered office is at Suite 9, Wicklow Enterprise Centre, The Murragh, Wicklow Town.
    • You can contact us through the Site. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
    • The defined terms set out in clause 17 apply to these Terms. When we use the words "writing" or "written" in these Terms, this includes emails.
  3. OUR SERVICES
    • By using the Site, Application or Services, you agree to comply with and be legally bound by these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services, and constitute a binding legal agreement between you and Fleet.
    • The terms of our privacy policy from time to time, available at https://app.jointhefleet.com/terms/privacy_policy ("Privacy Policy") are incorporated into these Terms by reference. Additionally, by using the Site, Application or Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Site, Application or Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
    • By using the Site, Application or Services, you are indicating that you have read, and that you understand and agree to be bound by these Terms whether or not you have registered with the Site, Application or Services. If you do not agree to these Terms, you have no right to continue using the Site, Application or Services. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
    • The Site, Application and Services can be used to facilitate the listing and booking of car rental services. Such services are included on the Site, Application and Services by Owners. If you wish to avail of any car rental services or create a listing, you must first register to create a Fleet Account.
    • Fleet is not an owner or operator of any vehicles made available for rental in the Services, nor does Fleet rent, re-rent, sell, resell, provide, rent, manage and/or control Vehicles or transportation or travel services. Unless explicitly specified otherwise, Fleet’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
    • We may have to suspend the availability of the Site, Application and Services to:
      • deal with technical problems or make minor technical changes; or
      • update the Services to reflect changes in relevant laws and regulatory requirements.
  1. FLEET ACCOUNTS
    • In order to access certain features of the Site, Application or Services, and to book any car rental services or create a listing, you must register to create an account (a “Fleet Account“). You may register to join the Services directly via the Site or Application or as described in this clause. You may also be provided with the ability to create a Fleet Account by logging in with certain third-party social networking sites (“SNS“), via the Site, Application or Services. As part of the functionality of the Site, Application and Services, you may link your Fleet Account with your SNS account, by either: (i) providing your SNS login information to Fleet through the Site, Services or Application; or (ii) allowing Fleet to access your SNS account, as permitted under the applicable terms and conditions that govern your use of such SNS. You represent that you are entitled to disclose your SNS account login information to Fleet and/or grant Fleet access to your SNS account, without breach by you of any of the terms and conditions that govern your use of the applicable SNS account and without obligating Fleet to pay any fees or making Fleet subject to any usage limitations imposed by such SNSs. By granting Fleet access to any SNS account, you understand that Fleet may access, make available and store (if applicable) any content that you have provided to and stored in your SNS account so that it is available on and through the Site, Services and Application via your Fleet Account. Unless otherwise specified in these Terms, all SNS content, if any, will be considered to be Content for all purposes of these Terms.
    • Subject to any restrictions on Drivers set out in clause 7, the Site, Application and Services are intended solely for persons who are eighteen or older. Any attempt to open a Fleet Account by anyone under eighteen is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are eighteen or older.
    • To open a Fleet Account you must provide true and accurate information as is required in any registration form. You further acknowledge that you shall regularly update such information to keep it true and accurate. You shall provide your email address and/or contact number, choose a password and keep these details confidential and up-to-date so that both Fleet and your other users can communicate with you.
    • You as the Fleet Account holder acknowledge that:-
      • You are wholly responsible for all activity conducted on the Fleet Account, for all Content posted through your Fleet Account and for all fees incurred through your Fleet Account;
      • It is wholly your responsibility to notify us of any unauthorised or suspected unauthorised access to your Fleet Account through the contact methods made available through the Services. In certain circumstances, we may temporarily disable part or all of a Fleet Account if you report such unauthorised use or we detect unusual Fleet Account activity; and
      • You acknowledge that we reserve the right to remove or suspend part of a Fleet Account at any time if we deem it to be in breach of these Terms or engaged in inappropriate activity.
  1. THE RENTAL PROCESS
    • Fleet provides a peer to peer Vehicle rental platform in which vehicle Owners make their Vehicle available to rent via the Services to Drivers.

Useful Information for Drivers:

  • When a Driver chooses to rent a Vehicle through the Services, the Driver shall be carrying out the following steps:
    • Register as a member of Fleet as a Driver and create a Fleet Account and profile.
    • Search for specific Vehicles and view the price of the Vehicles to rent.
    • Select the Vehicle to be rented.
    • Select the rental days, period and use (the “Rental Period”). The Owner may require specific information on your intended use of the Vehicle, such as mileage and distance.
    • Select any added options the Owner may supply such as collection and drop off. Please note this is at the Owner’s discretion and may incur additional charges where applicable.
    • The Owner will receive an email notification that a Driver is interested in renting their Vehicle.
    • The Owner and Driver will begin dialogue and mutually agree on the rental, charges, dates, locations and any additional fee’s.
    • The Driver can forge a relationship with the Owner and get useful, insightful information on the local area etc.

Useful Information for Owners:

  • When an Owner chooses to list a Vehicle through the Services, the Owner shall be carrying out the following steps:
    • Register as a member of Fleet as an Owner and create a Fleet Account and profile.
    • Follow the steps in the Application specifying what information to upload including all Listing Requirements.
    • When a Driver has expressed interest in the Owner’s Vehicle, the Owner will receive an email notification of same. The Owner is requested to reply to the enquiry as soon as possible and in any case within 24 hours.
    • The Owner reserves the right to state the mileage applicable to the rental, i.e. the quoted rental fee allows for a set amount of miles to be incurred on the Vehicle. The Owner can state additional fees if excess or high mileage is put on the Vehicle.
    • Fleet recommends that the Vehicle is rented with a full tank of fuel, and the Driver is obliged to return it with the same amount. The Owner can specify what fuel levels will be included. The Owner reserves the right to charge the Driver for any fuel used which was incurred at the Owner’s expense.[1] We recommend that fuel usage and amounts are discussed between Driver and Owner prior to the commencement of the Rental Period.
    • The Owner communicates with the Driver and confirms/declines the rental. Owners are not obliged to accept all Drivers.

The Rental Process

  • On the day of the commencement of the Rental Period, the Owner will meet the Driver at an agreed location and time. We urge that Drivers and Owners communicate with each other in the event of delays or issues regarding the collection of the Vehicle.
  • Both the Owner and Driver conduct a “Walk Around” the Vehicle to record any existing damage or conditions to the Vehicle. The Driver and Owner confirm both parties are satisfied with the condition of the Vehicle and any listed damages. This process is signed off by both parties in the Application with an electronic signature.
  • All documentation is emailed to both parties to the email address associated with their Fleet Account. This will include mutual agreements on the “Walk Around” of the Vehicle, insurance documentation and rental terms.
  • The Driver is required to return the Vehicle in the same condition as when the Driver took receipt of it, and with the agreed level of fuel in the Vehicle.
  • At the conclusion of the Rental Period, the Driver meets the Owner as agreed at a location and at a specified time to return the Vehicle. Both parties will conduct another “Walk Around” and inspect the condition of the Vehicle, checking off the condition of the Vehicle. Once both parties are happy, they again sign off the rental with an electronic signature in the Application. In the event the Vehicle has incurred damage, or the Owner or Driver are dis-satisfied with the outcome of the Rental, they may open a dispute. Please see clauses 14 and 15.
  • Where we find that the Owner or Driver has become liable for any charges under these Terms or for a failure to comply with these Terms, we reserve the right to charge the payment card used by the Owner / Driver when using the Services.
  • We ask that Drivers and Owners provide feedback and a review of the applicable Driver / Owner / Vehicle and provide a score rating on their experience.
  1. LISTINGS
    • As a Fleet Account holder, you may create listings on the Services. To create a listing, you will be required to provide details included in the Listing Requirements. Listings will be made publicly available via the Application and Services. Subject to clause 2, you understand and agree that the placement or ranking of listings in search results may be decided by Fleet in its sole discretion.
    • Fleet may offer Owners the ability to improve the placement or ranking of listings in search results, for the payment of additional fees by the Owner.
    • Other Fleet Account holders will be able to rent the Vehicle via the Application and Services based upon the information provided in your listing. You understand and agree that once a Fleet Account holder requests a rental of your Vehicle, you may not request that Fleet Account holder to pay a higher price than originally stated.
    • You acknowledge and agree that you alone are responsible for any and all listings and Content you post.
    • Subject to clause 12, if a Driver requests Vehicle rental services, any agreement entered into with the Owner is between the Owner and the Guest and Fleet is not a party to it.
    • Fleet does not endorse any Fleet Account holder, listing or any rental services made available through the Application or Services.
    • Subject to clause 12, by using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Fleet Account holders or other third parties will be limited to a claim against the particular Fleet Account holder or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Fleet with respect to such actions or omissions.
  2. CONTENT
    • Whenever you make use of a feature that allows you to upload Content and make it available through the Application or Services, or to make contact with other users of the Application or Services, you must comply with any content standards that may be notified to you prior to uploading and in any case such Content must not include any material set out in clause 8.
    • You warrant that any such Content will comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
    • You retain all of your ownership rights in your Content you may upload and make available through the Application or Services, but you are required to grant us a limited licence to use, store and copy that Content and to distribute and make it available to third parties.
    • We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded to the Application or Services constitutes a violation of their intellectual property rights, or of their right to privacy.
    • We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Application or Services.
    • We have the right to remove any Content you may make available through the Application or Services if, in our opinion, your content does not comply with our content standards as may be notified to you from time to time or which may include any material as set out in clause 8.
    • The views expressed by other users of the Application or Services do not represent our views or values.
    • Content which may not be uploaded to the Application or Services includes, but is not limited to:-
      • Content or material promoting or containing links related to graphic or explicit violence or which is hate, offensive, defamatory, profane, discriminatory or that is offensive in any way to a specific race/ethnic group, national origin, colour, religion, sex, sexual orientation, language, or any other legally protected status;
      • Content or material promoting or containing links related to illegal activities;
      • any material promoting or containing links related to content not appropriate for people under the age of eighteen;
      • Content or material promoting or containing links related to gambling, online casinos, weapons, ammunition (e.g., firearms, fighting knives, stun guns), sales and excessive use of tobacco, electronic cigarettes, alcohol;
      • Content or material promoting or containing links that are disparaging to Fleet;
      • Content or material promoting or containing links that are libellous, harassing, abusive, unlawful, fraudulent, containing phishing activities from fraudulent background, where the user is supposed to give personal information (telephone number, bank details and etc.);
      • Content that has links or promotes activities that are understood or seen as internet abuse including but not limited to, use of spyware, malware, bad ware, corrupted files viruses, or other materials that are intended to or damage or render inoperable software of hardware;
      • Content or material promoting or containing links that violate or infringe upon any third party intellectual property rights or any other third party rights, including but not limited P2P file-sharing, torrent, or anything that facilitates or promotes copyright infringement; or
      • Content or materials showing flashing, shaking creatives and misleading banners, including but not limited to imitating activities from known brands, featuring pay per click or pay per search programs, chat/instant messaging, video chat and live streaming, and/or malicious or suspicious activity.
  1. FREE CREDIT TERMS & CONDITIONS:
    • Fleet free credit is deducted from the Fleet service charge up to the value of free credits applied to your account.
    • Fleet customers receive €50 worth of free credits upon registering a Fleet profile, with an additional €10 free credit applied per successful referral up to a maximum value of €150.
    • Free credit is not redeemable against the fee set by the car owner OR the insurance policy charged by AXA Ireland.
    • Fleet free credits must be used within a 3 month period whereupon they will expire from your account.
    • Fleet reserves the rights to modify or cancel this promotion at any time and without notice.
    • Fleet free credits cannot be combined with any other promotional offers, and only customers with a Fleet account in good standing (not suspended or closed) are eligible to receive this promotion.
    • Fleet reserves the right to any remedy, including denial of the free credits or cancellation of your account or reservations, if fraud, tampering, violations of the Fleet Terms of Service, or technical errors are suspected.
  1. DRIVER REQUIREMENTS
    • In order to avail of any Vehicle rental services made available through the Application and Services, the Driver represents and represents to Fleet and any Owner that the Driver shall at all times comply with the Driver Requirements.
    • Fleet reserves the right to reject any attempt by any person to register as a Driver and/or to de-register any person who has previously been successfully registered as a Driver, in the event that Fleet has reason to believe that such person does not comply with any Driver Requirements. Any Driver who fails, or subsequently ceases, to comply with the Driver Requirements undertakes immediately to de-register themselves as a Driver. In circumstances where any person has been de-registered as a Driver, they undertake to notify Fleet, and any Owner who has accepted a future Vehicle rental(s) from them, that they are no longer available to fulfil such rental(s). Any Vehicle rental(s) made in respect of any person who has not been successfully registered as a Driver, or has been de-registered, shall be deemed to have been cancelled by the Driver.
    • Drivers aged 30 or younger may be restricted in the Vehicles they rent based on insurance category and high performance vehicles. Details of any such restrictions shall be provided through the Site, Application or the Services.
    • The Vehicle must not be driven by anyone other than the Driver and then only under the condition that the Driver’s ability to drive is not in any way impaired by mental or physical incapacity or restricted by the law.
    • The Driver is not permitted to take the Vehicle outside of the country in which it is rented. In the case of Ireland, the Driver is permitted to use the Vehicle in the Republic of Ireland and Northern Ireland, but is not permitted to remove the Vehicle from the island of Ireland.
    • The Driver shall be responsible for:-
      • taking care of the Vehicle and keeping it in good repair and condition;
      • using the Vehicle in a responsible manner and in particular, only for the purposes for which it is intended;
      • carrying out any checks (including engine oil level, tyre pressure, etc.) that a reasonably prudent driver would carry out when using a Vehicle;
      • not making any modifications or repairs to the Vehicle during the Rental Period;
      • paying any fines, parking tickets, tolls for which the Driver may be liable for or incur (Failure to settle any outstanding fines/tolls or associated costs will be charged back to the Driver’s credit or debit card at time of booking);
      • using the correct fuel type in the Vehicle;
      • securing the Vehicle safely when not in use, including using any alarm or immobilisation system provided in the Vehicle;
      • returning the Vehicle (and all provided keys) to the agreed place on the date and time as indicated on the Application or Services;
      • returning the Vehicle with at least the same amount of fuel that was in the Vehicle when collected by the Driver.
    • Vehicles cannot be used for:-
      • Carrying passengers for hire or reward;
      • Carrying more passengers than is recommended by the Vehicle's manufacturer;
      • Racing, off-roading, reliability trials, speed testing or to take part in rallies, contests, or trials, wherever they are located, official or not;
      • Transporting live animals;
      • The provision of driving lessons;
      • The commission of any criminal offence; or
      • Driving on roads that are unfit for motor vehicles or where the surface or condition of it involves risks for the tyres or for the underside of the Vehicle.
    • The Driver will be liable for any offence committed during the Vehicle Rental Period which relates in any way to the Driver’s use of the Vehicle, as if the Driver were the owner of the Vehicle. Upon the request of any police force or any official body, Fleet retains the right to transfer your personal data as required.
  2. OWNER / VEHICLE REQUIREMENTS
    • Any user may register as an Owner. Once registered, an Owner may, using the Vehicle registration tools made available on the Site, register one or more suitable Vehicles as being available for hire by Drivers.
    • When making a Vehicle available for rent on the Application or Services, the Owner shall:-
      • Provide accurate information required by the Application or Services prior to making a listing;
      • Ensure the Vehicle complies with the Vehicle Requirements;
      • Ensure that any images of the Vehicle are images that have been taken by the Owner and ensure that the images represent the condition of the Vehicle, as at the commencement of the Rental Period;
      • Ensure the Vehicle is made available for collection by a Driver (with all required keys) at the agreed place on the date and time as indicated on the Application or Services; and
      • Respond to Driver queries and requests as soon as possible and in any case within 24 hours of receipt of same.
    • As an Owner, where you make a listing on the Application or Services, you warrant and represent:-
      • that you are the legal and beneficial owner of the Vehicle;
      • that making the Vehicle available for hire through the Services will not breach any agreement with third parties; and
      • that during each Rental Period, the Vehicle will comply with any Vehicle Requirements specified in these Terms or as may otherwise be specified throughout the Site, Application or Services.
    • Fleet, may, at any time during or after the listing process, conduct searches of third party vehicle and credit databases in order to corroborate information submitted by Owners. Fleet reserves the right to reject any attempt to register a Vehicle in the event that Fleet reasonably believes that such Vehicle does not comply with the conditions specified, and the Owner undertakes immediately to de-register any Vehicle that ceases to comply with the Vehicle Requirements.
    • The Owner undertakes to notify Fleet, and any Driver who has sought to hire a Vehicle, that such Vehicle no longer meets the Vehicle Requirements and has been de-registered from the Services. Any purported rental of a Vehicle that has not been successfully registered, or has been de-registered, shall be deemed to have been cancelled by the Owner.
    • If the Owner smokes in their Vehicle, it is their responsibility to include this information in the listing.
  3. TAXES
    • You understand and agree that you are solely responsible for determining (i) your applicable tax reporting requirements, and (ii) the payment of taxes on any income you generated through your use of the Site, Application or Services. Fleet cannot and does not offer tax-related advice.
  4. USE OF THE SERVICES
    • You warrant and represent that under no circumstances will you use the Site, Application or Services for any of the following:-
      • You will not (i) violate any third parties right to privacy, (ii) seek to intimidate or harass another user of the Site, Application or Services or (iii) upload false, abusive, threating or inappropriate messages;
      • You will not post unauthorised commercial communications (such as spam or junk mail) or engage in distributing mass unsolicited communications via the Services;
      • You will not impersonate another user or solicit or attempt to solicit information or gain access to another user’s Fleet Account;
      • You will not collect other users' content or information without their express prior permission;
      • You will not register for more than one Fleet Account or register for a Fleet Account on behalf of an individual other than yourself;
      • You will not recruit or otherwise solicit any Fleet Account holder to join third-party services, applications or websites, without our prior written approval;
      • You will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
      • You will not use the Site, Application, Services to source direct Vehicle rental services and then complete a Vehicle rental service with an Owner independent of the Site, Application or Services, in order to circumvent the obligation to pay any fees related to Fleet’s provision of the Services or for any other reasons;
      • You will not use the Site, Application or Services to do anything unlawful, misleading, malicious, or discriminatory or do anything that could disable, overburden, or impair the proper working or appearance of the Site, Application or Services; or
      • You will not facilitate or encourage any violations of these Terms or our other policies.
    • You acknowledge that we may impose limits on Fleet Accounts concerning the use of the Site, Application or Services, including but not being limited to the number of days a Fleet Account may remain inactive, the time for content retention, the number of messages being issued to a Fleet Account or the amount of storage afforded each Fleet Account.
    • You acknowledge that Fleet has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service.
    • The Site, Application or Services may enable communications between Fleet Account holders. You acknowledge that the Site, Application or Services is dependent upon external telecommunication services and Fleet bears no responsibility for delayed or undelivered messages.
    • At any stage any user may opt out of receiving Fleet related electronic notifications by updating their Fleet Account settings or the settings on their device.
    • You acknowledge that by using the Site, Application or Services, your internet and/or mobile phone provider may charge you for:
      • Downloading content from the Site, Application or Services; and/or
      • Roaming charges if accessing the Site, Application or Services from abroad.
    • The Site, Application or Services are provided on a "as is" or "as available" basis. We make no representations or warranties of any kind, whether express or implied, as to the operations of the Site or the Application, the information, content, materials, or products included or offered for sale on the Services.
    • You acknowledge that Fleet is not responsible for the activity of other users and that we do not monitor Content posted through the Site, Application or Services. All users of the Site, Application or Services do so at their own risk and accept that they may be exposed to content that they may deem inappropriate or contrary to these Terms.
    • We do not monitor or hold editorial control over any Content on the Services. You agree that we bear no liability to you or any other user of the Site, Application or Services in regard to Content, errors or omission on content posted by you or a third party or for any loss, damage, or consequential loss incurred because of any third party content posted on the Site, Application or Services.
    • You acknowledge that as part of the Site, Application or Services, we may assist brands advertise their products and / or services through various methods, including but not being limited to advertising material appearing on the Site, Application or Services.
  5. PRICE AND PAYMENT
    • The total cost of Vehicle rental payable by the Driver (comprising the Owner Fee and the Fleet Policy Fee) shall be as follows:-
      • The total cost for the Vehicle for the Rental Period as set by the Owner (the “Owner Fee”).

When an Owner lists their Vehicle on the Services, the Owner will be provided with a recommended daily rate to charge. This will be based on the Vehicle model, age, type, engine size and specification of the Vehicle.

The Owner Fee is at the discretion of the Owner.

  • The total cost of the Fleet Policy for the Rental Period (the “Fleet Policy Fee”).

The cost of the Fleet Policy is calculated by our insurance partner; AXA. Rates are subject to change and will be weighted depending on the following criterion:-

  1. The profile of the Driver;
  2. The profile of the Vehicle
  3. Ability to satisfactorily meet minimum criteria and requirements;
  4. Standard excess of €500 (if selected, windscreen cover will also apply with a windscreen excess €100);
  5. Number of years held licence;
  6. Country of issue for driving licence;
  7. Items in the self-declared section of the Driver’s information including and not limited to; penalty points, claims, convictions, country of origin, driving experience and history. Please note that in some instances, a rental or listing may be declined based on failure to meet the minimum required criteria.
  8. Vehicle insurance group;
  9. Vehicle engine size;
  10. Vehicle type, model, age and specification;
  11. Loadings and discounts maybe applied at the discretion of AXA and Fleet subject to the required criteria being met and adhered to.
    • Where an Owner’s Vehicle is rented through the Services, the Owner shall be entitled to the Owner Fee minus administration and payment fees (the “Admin Fee”). The Admin Fee shall comprise the following:-
      • Fleet shall be entitled to deduct 10% of the Owner Fee.
      • Fleet’s payments facility and processor, Stripe shall be entitled to a fee of circa 12.5-2% of the Owner Fee. For further detail on Stripe’s terms and conditions please see https://stripe.com/ie/connect-account/legal.
    • Payment may be taken at the time a rental of a Vehicle is confirmed through the Application / Services.
    • Fleet reserves the right to charge Owners for listing Vehicles on the Application or Services, including but not limited to charging any fees for improving the placement or ranking of listings in search results on the Application or Services.
    • Where a user enters their payment card details on the system, Fleet reserves the right to secure an authorisation hold on the payment card provided, to cover any additional charges that may be incurred.
  12. CANCELLATION
    • If a Fleet Account holder creates or accepts a rental on the Services, they commit to honouring it. The cancellation fines below are designed to minimise inconvenience caused to the disappointed party and are automatic.
    • However, we encourage Owners and Drivers to resolve cancellation disagreements between themselves. In these cases, both parties must inform Fleet via email or phone, or as may otherwise be specified through the Services, so that the cancellation fine may be waived or refunded.
    • If an Owner cancels a rental:-
      • more than 48 hours before commencement of the Rental Period, the Owner may be charged a cancellation fee, which shall be no less than the Admin Fee; or
      • less than 48 hours before commencement of the Rental Period, Fleet reserves the right to charge the Owner a fee up to the total of the Owner Fee and the Fleet Policy Fee for that particular rental. Fleet may issue credit to the Driver for such cancellation.
    • If a Driver cancels a rental:-
      • more than 48 hours before commencement of the Rental Period, the Driver may be charged a cancellation fee, which shall be no less than the Admin Fee; or
      • less than 48 hours before commencement of the Rental Period, Fleet reserves the right to charge the Driver a fee up to the total of the Owner Fee and the Fleet Policy Fee for that particular rental. Fleet may issue credit to the Owner for such cancellation.
    • Notwithstanding any other clause in these Terms, Fleet reserves the right to cancel a rental of a Vehicle. Where any such cancellations occurs, any associated fines or compensation are assessed on a case by case basis (at the sole discretion of Fleet).
    • If a Driver is late in returning a Vehicle to the Owner, the Owner may have the option of claiming additional Owner Fees for the late return of the Vehicle. In these circumstances, the Owner and the Driver may refer any dispute to the in-Application dispute reporting facility and Fleet may investigate circumstances of the rental.
    • If an Owner is late in collecting the Vehicle at the conclusion of the Rental Period, the Driver may have the option of claiming a fee for such late collection. In these circumstances, the Owner and the Driver may refer any dispute to the in-Application dispute reporting facility and Fleet may investigate circumstances of the rental.
    • If a Driver is more than 15 minutes late (unless the Owner has been notified in advance) to collect the Vehicle at the commencement of the Rental Period or has not brought their driving licence, the Owner is not obligated to proceed with the rental of the Vehicle, and the Driver is not entitled to a refund of any fees paid.
    • If an Owner is more than 15 minutes in making the Vehicle available at the commencement of the Rental Period, the Driver is permitted to cancel the booking, receive a full refund, and the Owner may be charged the Admin Fee.
    • If, at the commencement of the Rental Period, the Vehicle does not comply with any of the Vehicle Requirements, the Driver may cancel the booking and the Owner may be charged a cancellation fee, provided that proof of the Vehicle’s non-compliance with the Vehicle Requirements is provided to Fleet by the Driver. In such circumstances, the Driver is entitled to a refund of the fees paid for the rental and the Owner may be charged the Admin Fee.
    • Fleet advises Owners and Drivers to communicate with each other through the Application where any issues under clauses 3 and 13.10 is likely to occur.
  13. INSURANCE
  14. CLAIMS / DISPUTES
    • If a Driver is involved in any accident or the Vehicle is stolen during the Rental Period; the Driver shall, without delay:-
      • In the case of an accident:-
        • Refrain from admitting any liability; and
        • Exchange contact details with every individual involved in the accident;
      • Call the Gardaí/Police;
      • Notify Fleet by calling the AXA claims helpline on 01 892 7890; and
      • Notify the Vehicle Owner.
    • Fleet have arranged 24-hour breakdown with the AXA which includes Roadside Assistance and home start (as the home of the driver).
    • http://support.jointhefleet.com/hc/en-us/categories/115000636105-Claims
  15. INTELLECTUAL PROPERTY RIGHTS
    • We are the owner or the licensee of all intellectual property rights in our Site, Application or Services, and in the material published on it, subject to any uploaded Content pursuant to clause 6. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    • Our status (and that of any identified contributors) as the authors of content available through the Site, Application or Services must always be acknowledged.
    • You must not use any part of the content available through the Site, Application or Services for commercial purposes without obtaining a licence to do so from us or our licensors.
    • If you print off, copy or download any part of our Site, Application or Services in breach of these Terms, your right to use the Site, Application or Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  16. LIMITATION OF LIABILITY
    • Nothing in these terms shall limit or exclude our liability for:
      • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      • fraud or fraudulent misrepresentation; or
      • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    • Subject to clause 14:
      • we shall not 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 any contract between us; and
      • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amounts paid by Fleet to you in the previous thirty day period prior to the event giving rise to the liability.
    • Subject to clause 12, all Owners and Driver and any other user of the Site, Application or Services agree to release, defend, indemnify, and hold Fleet and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:-
      • your access to or use of the Site, Application, Services, or your violation of these Terms;
      • your Content;
      • your
        • interaction with any Fleet Account holder;
        • use of any Vehicle rental services; or
        • creation of a listing; and
      • the use, condition or rental of any Vehicle by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such rental.
  1. OUR RIGHTS TO MAKE CHANGES
    • Fleet reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing users (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your Fleet Account you will be deemed to have accepted the changes.
  2. OTHER IMPORTANT TERMS
    • In addition, certain elements of the Services may have additional terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application or Services.
    • We do not guarantee that our Site, Application or Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site, Application or Services. You should use your own virus protection software. You must not misuse our Site, Application or Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Application or Services, the server on which our Site is stored or any server, computer or database connected to our Services. You must not attack our Site or Services via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
    • We may transfer our rights and obligations under these Terms to another organisation.
    • You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • If a court finds part of these Terms illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
    • If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    • Any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland and the courts of Ireland shall have exclusive jurisdiction to settle any such dispute or claim.
  3. DEFINITIONS
    • “Application” shall mean any Fleet applications for mobile, tablet and other smart devices and any related application program interfaces.
    • “Content” means any material you may post, upload, publish, submit, transmit, or include in a listing on the Application or Services.
    • “Driver” shall means a Fleet Account holder who hires a Vehicle through the Application or Services.
    • “Driver Requirements” shall mean any requirements applicable to Drivers, as specified in the Schedule.
    • “Fleet Account” means a registered account with the Site, Application or Services, as specified in clause 4.
    • “Fleet Policy” means the policy of insurance arranged by Fleet, as more particularly described in clause 1.
    • "Schedule" means the schedule to these Terms.
    • “Listing Requirements” means the details required to be provided in any listing, as specified in the Schedule.
    • “Owner” shall mean a Fleet Account holder who makes a Vehicle available for hire through the Application or Services.
    • “Rental Period” shall mean the period during which a Vehicle is rented by a Driver, as set out in clause 2.4 and any further period where the Driver fails to return the Vehicle to the Owner, as may be extended pursuant to clause 13.
    • “Services” shall means any of the peer to peer Vehicle rental services made available through the Application.
    • “Site” means jointhefleet.com.
    • “Vehicle” means any vehicle made available for hire through the Application or Services.
    • “Vehicle Requirements” means the requirements with which any Vehicle must comply where it is made available for hire through the Application or Services, as specified in the Schedule.


Schedule

  1. Listing Requirements

All listings must include the following:-

  • Vehicle registration number;
  • Confirmation of the Vehicle type as associated details presented via Fleet’s third party vehicle registration look up facility (Verisk);
  • Images of the Vehicle, using the suggested format for images in the Application – all images should be of actual Vehicle, as taken by the Owner and not stock photos of the same model;
  • The dates the Vehicle will be available to rent from and to;
  • The price per day of the Vehicle to rent it (excluding insurance, payment and administration fee’s);
  • Any additional fee’s incurred in the rental such as a valeting fee post rental which the Driver will be liable for. This must be disclosed at booking stage;
  • Additional information on the Vehicle such as non-smoking or smoking. If the Owner smokes in their Vehicle, it is their duty to disclose this;
  • Additional options and fee’s such as collection and drop off;
  • The location of the Vehicle;
  • Any restrictions or maximum mileage allowed under each rental; and
  • Any other requirements as may be specified in the Services from time to time.
  1. Vehicle Requirements

All Vehicles must:-

  • Be no older than 13 years old (at any time during the Rental Period);
  • Have a full valid NCT and be deemed roadworthy by the National Car Testing Service and display a valid current NCT disc;
  • Be in full mechanical and working order;
  • Be provided in a roadworthy condition, including, without limitation; (i) a full set of tyres meeting minimum thread depth requirements; (ii) all lights and indicators in working order; (iii) registration plates clearly visible; (iv) no instrument panel warning lights indicating any issue with the Vehicle;
  • Be clean and hygienic;
  • Have all sufficient liquids and fuels such as windscreen washer fluid, coolant and oil;
  • Be supplied with the recommended fuel level of a full tank;
  • Not include any personal possessions. Any personal possessions left in the Vehicle at time of rental are done so at the Owner’s sole risk. Fleet will not accept liability for loss or theft of personal artefacts left in the Vehicle during a rental.
  • Be taxed and display a valid Tax disc. In the event any motor tax expires during the Rental Period, the Owner is not permitted to have the Vehicle listed for rent until the motor tax is renewed and the new valid disc is displayed in the Vehicle;
  • Be right hand drive only;
  • Not imported from outside of the UK / Ireland;
  • Comply with any other requirements that Fleet may specify from time to time through the Site, Application or Services.
  1. Driver Requirements

All Drivers must:-

  • Be aged 25 years or older;
  • Have no more than four penalty points;
  • hold a full driving licence valid in the country where the rental takes place or from one of covered jurisdictions as set out in the Insurance Terms and Conditions as stated by our insurance provider (Provisional Driving Licences are not accepted). The driving licence must have been issued by authorised authorities at least 24 months before the date of the commencement of the Rental Period.