Terms & Conditions 14 Jun 2017 1:38 PM

  1. Definitions

    1. In these Terms and Conditions, the following definitions will apply:
      Booking when the Owner of the Vehicle accepts a Booking Request and we issue a Booking Confirmation, at which point a Contract is formed.
      Booking Confirmation Form the form completed by Rentecarlo as soon as possible after Booking, confirming the Rental Services, Charges and details of the Owner and Renter. Rentecarlo will send the form to the Owner and the Renter by email.
      Booking Request when a Renter makes a request via the Website to the Owner for Rental Services, which can be either approved or declined by the Owner.
      Business Day a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
      Cancellation Charges means the charges as set out in Rentecarlo’s cancellation policy, which can be accessed on the Website.
      Charges the charges payable in accordance with clause 7 by the Renter to Rentecarlo for the Rental Services, which will include, but will not be limited to, the Owner’s Charges, Rentecarlo’s Charges and Insurance Charges. Upon the Renter’s payment of the Charges, Rentecarlo will forward the Owner’s Charges and Insurance Charges to the Owner and to the insurer respectively.
      Conditions these terms and conditions as amended from time to time.
      Content the content that the Owner and the Renter uploads to the Website.
      Contract the legally binding contract between Rentecarlo, the Renter and the Owner, commencing at the time of Booking and terminating at the end of the Rental Period, in accordance with these Conditions.
      Insurance Charges the charges that the insurer sets for the Renter to use the Vehicle for Rental Services during the Rental Period, as confirmed in the Booking Confirmation Form.
      Intellectual Property Rights patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
      Late Collection Charge the charge payable by the Renter if he fails to collect the Vehicle during the Pickup Period, as further detailed at clause 6.4.
      Late Return Charge the charge payable by the Renter if he fails to return the Vehicle at the end of the Rental Period, the calculation of which is set out at clause 6.2.
      Owner the legal owner of the Vehicle, who is registered on the Website as providing the Vehicle for Rental Services.
      Owner’s Charges the charges that the Owner sets for the Rental Services, as set out on the Website and confirmed in the Booking Request and Booking Confirmation Form.
      Rental Period the period from a Renter completing the Rentecarlo Checklist and collecting the Vehicle from the Owner to the Renter returning the Vehicle to the Owner, as detailed in Clause 6.
      Rental Services the service offered by Rentecarlo through the Website, whereby Renters are able to make a Booking Request for a Vehicle belonging to an Owner for a defined Rental Period, subject to these Conditions.
      Renter the person who is registered on the Website to access Rental Services.
      Rentecarlo Rentecarlo Limited, a company registered in England and Wales with company number 9106420 and whose registered office is at Ty Admiral, David Street, Cardiff, CF10 2EH, United Kingdom.
      Rentecarlo’s Charges the charges that Rentecarlo sets for facilitating the Rental Services through the Website, as set out on the Website and confirmed in the Booking Request and Booking Confirmation Form.
      Rentecarlo’s Materials all materials, equipment, documents and other property of Rentecarlo held in the Owner’s and/or the Renter’s possession.
      Rentecarlo Checklists the checklist sent in duplicate by Rentecarlo to the Owner, and which must be completed by the Owner and the Renter in accordance with clauses 4 and 5.
      Vehicle a car, being a road vehicle, typically with four wheels, powered by an internal-combustion engine and able to carry a small number of people, which is owned by the Owner and is advertised on the Website as being available for Rental Services.
      Website the website hosted at an IP address corresponding to the URL http://www.rentecarlo.com
    2. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and a reference to the masculine gender shall include the feminine and vice versa.
    3. A reference to a party includes its personal representatives, successors or permitted assigns.
    4. A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
    5. Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
    6. A reference to writing or written includes faxes and emails. Messages, notices or other forms of communication that are stated to be “electronic” may be transmitted by email, SMS or notification via the website or any mobile application that Rentecarlo provides.
    7. Rentecarlo reserves the right to amend these Conditions at any time. Rentecarlo will publish the amended Conditions on the Website alongside the amendment date.
    8. The Owner and the Renter should direct any questions, complaints or comments regarding the Rental Services, subject to these Conditions, to contact@rentecarlo.com.
  2. Registration

    1. An Owner must register and create an account on the Website before a Vehicle can be listed for Rental Services. In registering and creating an account, the Owner must satisfy the following criteria:
      1. The Owner must create an account using his true identity and amend his account should his identity legally change in any way;
      2. The Owner must create only one account, which may be used only for the purpose of making the Owner’s Vehicle available to prospective Renters via the Rental Services;
      3. The identity of the individual who hands the keys to the Vehicle to the Renter must match the identity detailed on the Owner’s account;
      4. The Owner must make the Vehicle available to the Renter at the agreed date, time and location as specified in the Booking;
      5. The Owner’s Vehicle must not be a motorhome, camper van, minibus or classic vehicle (a classic vehicle being over 20 years old and being maintained and repaired in a way that keeps to its original design and specifications) and should not be designed to carry more than 8 passengers;
      6. The Owner’s Vehicle must have a market value of between £1,500.00 and £250,000.00; and
      7. The Vehicle must be legally owned by and registered to the Owner and have a valid MOT certificate and annual insurance policy, which are available for inspection at the request of any of the Renter, Rentecarlo or our Insurance provider.
    2. The Renter must register and create an account on the Website before making a Booking Request. In registering and creating that account, and in all further Booking Requests, the Renter is required to satisfy the following criteria:
      1. The Renter must register using his true identity and amend his account should his identity legally change in any way;
      2. The Renter must only create one account for himself;
      3. The Renter must be between the ages of 21 and 70. Insurance cover is subject to Admiral’s underwriting criteria and may not be available to you on certain cars;
      4. The Renter must hold a valid UK driving licence, which he is to make available upon the Owner and/or Rentecarlo’s request;
      5. The Renter warrants that, upon making a Booking Request, they hold no more than six penalty points on their driving licence (CU, SP & TS prefixes only) and no bans or disqualifications;
      6. The Renter warrants that, upon making a Booking Request, they have no convictions or cautions for driving whilst under the influence of alcohol or drugs, dangerous driving or driving without insurance;
      7. The Renter warrants that, upon making a Booking Request, they have not been disqualified from driving or have a disqualification pending;
      8. The Renter warrants that, upon making a Booking Request, they have had no more than two fault claims in the last 3 years, or no more than 3 non-fault and fault claims in total in the last 3 years; and
      9. The Renter warrants that the Vehicle will not be used for commercial purposes, racing, speed testing, or any other dangerous or reckless driving.
  3. Charges and Booking

    1. Rentecarlo provides charges guidance in the Frequently Asked Questions (FAQs) section of the Website. We suggest that the Owner considers this guidance before setting the Owner’s Charges, but he is not bound by it.
    2. The Owner’s Charges must specify an hourly, daily and weekly rate for the Vehicle. The Owner can amend the Owner’s Charges at any time (prior to the submission by the Renter of a Rental Request for the intended Rental Period) and at their discretion through the Website.
    3. Upon completing the registration process, as outlined at clause 2, the Renter can make a Booking Request through the Website in relation to a Vehicle that is available for Rental Services. A Booking Request must specify the start and end time of the proposed Rental Period and will confirm the Charges payable by the Renter.
    4. By making a Booking Request, the Renter agrees to his debit or credit card being charged for the Charges and any additional payments which may include;
      1. An excess as advised on the booking documentation;
      2. Any parking or speeding tickets;
      3. Refuelling the Vehicle to a level agreed between the Owner and the Renter; and
      4. Any other additional payments incurred by the Renter during the Rental Period such as the London Congestion Charge. London Congestion Charge and insurance charges as set out in the following table:
        Excess Amount Paid By Settlement
        Windscreen Repair £25 Renter Retained from the Damage Deposit (subject to clause 3.4)
        Windscreen Replacement £95 Renter Retained from the Damage Deposit (subject to clause 3.4)
        Accidental Damage/Theft/Claim As per booking Renter Retained from the Damage Deposit (subject to clause 3.4)
        Vehicle checklist not completed (Claims only) £250 (each) Owner & Renter Payable to Admiral in the event of a claim

        * if car is not repairable and is written off, any excesses payable will be deducted from the value of the claim settlement.

    5. The Owner will be notified through the Website of the Booking Request and will be invited to either accept or decline the Booking Request.
    6. A Renter may cancel a Booking Request through the Website without charge or penalty at any time before the Owner accepts the Booking Request.
    7. If the Owner accepts a Booking Request, a Booking is made and the Contract is formed. Rentecarlo will complete and send the Booking Confirmation Form to both the Owner and the Renter by email.
    8. The Owner must provide their bank account details to Rentecarlo when requested so that the Owner’s Charges may be transferred without delay.
  4. Responsibilities of the Renter

    1. The Renter must attend to collect the Vehicle at the time and place specified in the Booking Confirmation Form or as otherwise agreed directly with the Owner.
    2. The Renter must inspect the Vehicle before the start of the Rental Period. The Renter must ensure that any scratches, bumps and dents in the bodywork, and any other defects, abnormalities or damage are noted in the Rentecarlo Checklists (provided by the owner) and that the fuel level is as stated in the Rentecarlo Checklists. The Owner and the Renter must sign both copies which must be completed identically. One copy is to be kept by the Owner and the other copy kept by the Renter.The Renter must take clear photographs of the vehicle before and after the rental, clearly showing any pre-existing or new damage, when completing the Rentecarlo Checklist (interior and exterior).
      1.  Failure to complete the checklist and take photographs documenting the condition of the vehicle, will lead to the owner and/or renter paying an additional excess amount in the event of a claim(See 3.4.4 in Charges and Booking). Please note that disagreements on the condition of the car between the renter and owner could also lead to the same additional excess amount.
    3. If the Renter reasonably believes that the Vehicle is not roadworthy, the Renter must forward sufficient evidence (including any photographs) by email to Rentecarlo at contact@rentecarlo.com. Rentecarlo will consider the evidence and determine whether, in, its sole discretion, the Contract should be cancelled in accordance with the clause 8. If Rentecarlo does determine that the contract should be cancelled, the Renter will receive a full refund of the Charges.
    4. In conducting the damage inspection and roadworthiness checks, the Renter should, as a minimum, check that;
      1. Tyres all have adequate tread depth and are not worn;
      2. The handbrake works;
      3. Engine noise is not excessive or unusual;
      4. Electric windows work;
      5. Mirrors adjust;
      6. Side mirrors are free from cracks;
      7. Seats adjust;
      8. Seat belts are present and work;
      9. Headlights, indicators, brake lights and reversing lights work;
      10. Any chips on windscreen are noted;
      11. The in-car entertainment and other peripherals work; and
      12. Washer fluid is present.
    5. The Renter must have the Certificate of Motor Insurance readily available at all times during the rental. Any costs associated with impounding/towing of the Vehicle as a result of not being able to produce the Certificate of Motor Insurance will be borne be the Renter.
    6. The Renter must treat the Vehicle and its keys with reasonable care and will be responsible for the Vehicle and its keys during the Rental Period. This shall include driving carefully, always locking the Vehicle and using any additional security device fitted to or supplied with the Vehicle when it is not in use.
    7. The Renter must not sell, rent or dispose of the Vehicle, or any of its parts. The Renter must not give anyone any legal or beneficial rights over the Vehicle.
    8. The Renter must use the correct fuel for the Vehicle and will be liable for the cost of any repairs, towing fees or other costs incurred as a result of misfuelling.
    9. The Renter must return the Vehicle to the location as agreed on the Booking Confirmation Form, or as close as possible to that location, at the end of the Rental Period. The Renter must park the Vehicle legally and in accordance with any parking restrictions and must inform the Owner of any such restrictions. The Renter will be held liable for any parking charges incurred at the return location, unless the risk of incurring such charges has been expressly acknowledged and agreed with the Owner or Rentecarlo.
    10. Before returning the Vehicle at the end of the Rental Period, the Renter must ensure that the interior of the Vehicle is as clean as at the start of the Rental Period, and the Renter must remove any debris, rubbish and his personal items. The Renter is liable for any cleaning charges incurred in not returning the Vehicle back in an acceptable condition.
    11. The Vehicle must only be driven by the Renter, who must continue to meet the registration criteria, as set out in clause 2.2, throughout the Rental Period.
    12. The Renter must not:
      1. Use the Vehicle for any purpose for which it was not designed, which will include any illegal or commercial purpose;
      2. Use the Vehicle whilst under the influence of alcohol or drugs;
      3. ‘Clock’ the Vehicle or tamper in any way with the Vehicle’s odometer;
      4. Modify the Vehicle in any way (including fitting roof racks/bike racks and/or towbars) or allow anyone to work on, or fit any new or replacement parts to, the Vehicle without the express prior consent of the Owner;
      5. If the Vehicle has a manual transmission, drive the Vehicle without adequate prior experience of using a manual transmission; or
      6. Smoke in the Vehicle, or transport any animals or pets in the Vehicle without the express prior consent of the Owner.
      7. overload the Vehicle by number of persons carried or by weight of good carried;
      8. use the Vehicle if the driver may reasonably be considered to be unfit to drive a vehicle
      9. use the Vehicle for racing, speed-testing or teaching someone to drive;
      10. use the Vehicle for any commercial purpose including the carriage of passengers for hire or reward;
      11. use the Vehicle off-road;
      12. drive the Vehicle outside Great Britain, Northern Ireland, the Isle of Man and the Channel Islands;
    13. The Renter must provide a written report of any offences committed by him to Rentecarlo and the Owner upon the return of the Vehicle at the end of the Rental Period. The Renter acknowledges and agrees that Rentecarlo and/or the Owner may pass on the Renter’s contact details to the Police or any other relevant authority, who may then contact the Renter directly.
    14. The Renter shall comply with all of his legal obligations as a driver under these Conditions and any applicable legislation.
    15. The Renter warrants that any Content he posts on the Website will not infringe the Intellectual Property Rights of any third party, nor will that Content contain anything that is offensive, obscene, abusive, libellous, false, deliberately misleading, or is otherwise illegal, nor will the Renter make use of the Website for the distribution of unsolicited commercial mailings (otherwise known as ‘spam’).
  5. Responsibilities of the Car Owner

    1. The Owner must be the registered owner and keeper of the Vehicle and must ensure that there are no restrictions upon the Vehicle being used for rental purposes.
    2. The Owner is responsible for bringing the two Rentecarlo Checklists to the location for the Renter to collect the Vehicle, as set out in clause 5.3. The Owner and the Renter must sign both copies which must be completed identically. One copy is to be kept by the Owner and the other copy kept by the Renter. The Owner must take clear photographs of the vehicle before and after the rental, clearly showing any pre-existing or new damage, when completing the Rentecarlo Checklist (interior and exterior).
      1. Failure to complete the checklist and take photographs documenting the condition of the vehicle, will lead to the owner and/or renter paying an additional excess amount in the event of a claim(See 3.4.4 in Charges and Booking). Please note that disagreements on the condition of the car between the renter and owner could also lead to the same additional excess amount.
    3. The Owner must make the Vehicle available at the during the pickup period of each Rental at the location and time as specified in the Booking Confirmation or as otherwise agreed directly with the Renter.
    4. The Owner must ensure that, at the start of each Rental Period, the vehicle is roadworthy and serviceable, including that;
      1. Tyres all have adequate tread depth and are not worn;
      2. The handbrake works;
      3. Engine noise is not excessive or unusual;
      4. Electric windows work;
      5. Mirrors adjust;
      6. Side mirrors are free from cracks;
      7. Seats adjust;
      8. Seat belts are present and work;
      9. Headlights, indicators, brake lights and reversing lights work;
      10. Any chips on windscreen are noted;
      11. The in-car entertainment and other peripherals work; and
      12. Washer fluid is present.
    5. The Owner must ensure that, at the start of each Rental Period, the Vehicle is clean and tidy and free from debris, rubbish and any of his personal items. Any personal items left in the vehicle are left at the Owner’s own risk. Any loss and damage to such items will not be covered by the insurance policy.
    6. The Owner must maintain a valid MOT certificate, valid tax and meet any other statutory requirements for us of the Vehicle on public roads in the United Kingdom. The Owner must produce documentation to evidence this, if requested by any of the Renter, Rentecarlo or our Insurance provider.
    7. The Owner undertakes to describe his Vehicle accurately on the Website and to keep the information up to date.
    8. The Owner warrants that any Content posted on the Website will not infringe the Intellectual Property Rights of any third party, nor will that Content contain anything that is offensive, obscene, abusive, libellous, false, deliberately misleading, or is otherwise illegal, nor will the Owner make use of the Website for the distribution of unsolicited commercial mailings (otherwise known as ‘spam’).
  6. Rental Period

    1. The Rental Period must be for a specific duration of at least two hours and not more than 28 days. If the Renter requires the Vehicle for more than 28 days, a new Booking Request must be made.
    2. The period of time (“Pickup Period”) from the start of the Rental Period, during which the Owner has to make the Vehicle available for the Renter to collect, is 30 minutes. Each party has the discretion, but not the obligation, to wait beyond this period and go ahead with the rental.
    3. If the Owner fails to make the Vehicle available for the Renter to collect during the Pickup Period, clause 8.6 shall apply and the owner may be liable to pay a Late Charge as outlined in the table of Charges.
    4. If the Renter fails to attend to collect the Vehicle during the Pickup Period, the Owner shall have discretion as to whether he continues to wait for the Renter to attend. If the Owner does decide to wait beyond the Pickup Period, and the Renter does attend, the Renter will be liable to pay a Late Collection Charge as outlined in the table of charges.
    5. If the Renter fails to collect the Vehicle during the Pickup Period or any additional period that the Owner decides to wait, clause 8.5 shall apply and the renter will be charged as per the table of charges.
    6. If the Renter fails to return the Vehicle to the Owner at the end of the Rental Period, the Renter shall be liable to pay a Late Return Charge as described on the Rentecarlo website.  Please note that the insurance policy expires at the end of the Rental Reriod stated on the Rental Agreement and Certificate of Motor Insurance. The renter will have no insurance in place after the period (i.e. if the car is returned late).The Renter will continue to meet the Renter’s Responsibilities under clause 4 until the Vehicle is returned to the Owner.
  7. Renter Charges

    1. The Renter must pay the following Charges which are outlined on the Rentecarlo Website:
      1. Rentecarlo’s Charges;
      2. Owner’s Charges;
      3. Insurance Charges;
      4. Late Return Charge, if the requirements of clause 6.2 are met;
      5. A refuelling charge, being the cost of refuelling the Vehicle back to the fuel level at the start of the Rental Period, plus an administration fee and inconvenience fee if the Vehicle is returned with a fuel level that is deficient;
      6. A cleaning charge, being the cost of cleaning the Vehicle, plus an administration fee and inconvenience fee, if the Vehicle is returned to the Owner in a standard that requires the services of a cleaning company. The cleaning charge and administration fee may apply in circumstances including, but not limited to, where the Vehicle is returned with evidence of sand, dirt, mud, unauthorised smoking or unauthorised pets;
      7. Any loss or damage resulting in the loss of the Vehicle’s keys including a new key and the services of a locksmith;
      8. Any loss or damage resulting from any breach of the Renter’s Responsibilities set out in clause 4;
      9. The fines and charges as set out in clause 8;
      10. All charges, fines and court costs for congestion charges, parking, traffic or other offences, including any costs that arise if the Vehicle is clamped, and any civil penalty payable relating to the Booking. The Renter must pay the appropriate authority the fines and costs if and when the relevant authority demands payment; and
      11. Any parking charges incurred at the point of return at the end of the Rental Period, unless expressly agreed in advance by the Owner or Rentecarlo.
    2. Acting in the limited capacity of the authorised payment collection agent of the Owner and the insurer, Rentecarlo will collect the Charges from the Renter’s debit or credit card, the details of which have been provided to Rentecarlo by the Renter in the Booking Request.
    3. The Renter must use his own debit or credit card to pay the Charges.
    4. The Charges will be reserved on the Renter’s debit or credit card at the moment a Booking Request is accepted by the Owner and will first be charged 24 hours before the Rental Period begins, subject to clause 8. Any other charges will be charged to the Renter’s debit or credit card as they fall due.
    5. Rentecarlo shall reserve the agreed excess from the Renter before the start of the Rental Period, as detailed in the Booking Confirmation Form and in accordance with the applicable insurance policy. Rentecarlo may satisfy any charges that Rentecarlo, in its sole discretion, determines are due under these Conditions (whether for the benefit of the Owner or otherwise) by retaining the corresponding amount from the excess. If the Vehicle is returned at the end of the Rental Period clean, undamaged and the Renter has not caused any damage to any other person or property during the Rental Period, or otherwise incurred any fines, charges or penalties, Rentecarlo shall withdraw the excess.
    6. Rentecarlo will inform the Renter promptly upon receipt or notification of any charge for which the Renter is liable under clause 7.1.
    7. Rentecarlo will inform the Renter on request of the reason for any charges that are collected under this clause 7.
    8. Without prejudice to clause 7.5, the Renter must inform Rentecarlo within 72 hours of receiving a fine, charge or penalty if the Renter intends to challenge or appeal to the relevant authority. In such cases, the Renter must keep Rentecarlo informed of the progress and outcome of the challenge or appeal. Rentecarlo is not obliged to offer any assistance to the Renter in undertaking the challenge or appeal, and may in its sole discretion impose a reasonable time limit on the Renter’s challenge or appeal, after which the Renter will be liable to pay the outstanding amount of the fine, charge or notice (together with any increases or related charges that may have accrued as a result of the challenge or delay) under these Conditions.
    9. If the Renter fails to pay any fine, charge or penalty, Rentecarlo shall seek to contact the Renter and obtain the payment on the Owner’s behalf.
  8. Cancellation

    1. Once the Owner has accepted the Booking Request, the Booking may only be cancelled by the Renter with less than 24 hours remaining before the rental begins without penalty if Rentecarlo determines, at the request of the Renter, that the vehicle is not roadworthy. In all other situations, Cancellations Charges will apply as provided for in this clause 8. You can find more information on Cancellation Charges here
    2. Should the Owner cancel the Booking in accordance with clause 8.1, Rentecarlo will charge the Owner the Cancellation Charges which will be forwarded to the Renter (less any administration fee).
    3. Should the Renter cancel a Booking in accordance with clause 8.1, Rentecarlo will charge the Renter the Cancellation Charges, which will be forwarded to the Owner (less any administration fee).
    4. The Renter may cancel a Booking by sending an email to Rentecarlo at contact@rentecarlo.com (attaching any evidence and/or photographs) and the Owner where, following the Renter’s inspection of the Vehicle at the start of the Rental Period, the Vehicle is not deemed to be roadworthy. In such cases, the Owner will be deemed to have cancelled the Booking and clause 8.3(c) shall apply. Rentecarlo may require supporting evidence of the Vehicle’s condition before any refund is granted to the Renter pursuant to this clause 8.4.
    5. Unless the Booking has been cancelled in accordance with clauses 8.1 to 8.4, and subject to clause 8.7, if the Owner fails to make the Vehicle available within the Pick-up Period the Contract will be deemed to be cancelled and the Owner will be liable to pay the Cancellation Charges and an administration fee. In such circumstances, Rentecarlo will collect the Cancellation Charges from the Owner and forward these to the Renter. Rentecarlo will not be liable to the Renter for any further damage or loss sustained. You can read the cancellation charges in full here.
    6. In the event of an unforeseen circumstance beyond the reasonable control of either the Renter or the Owner, or other extenuating circumstances, including;
      1. Serious illness of the Renter, such that the Renter is unfit to drive;
      2. Natural disaster (including but not limited to fire and flood);
      3. Acts or restraints of governments or public authorities; or
      4. War, riot, civil commotion or acts of terrorism,
      5. Rentecarlo may, at its sole discretion, decide that it is appropriate to cancel the Booking and offer the Renter a refund of the Charges less an administration fee. Each registered user of Rentecarlo acknowledges and agrees that Rentecarlo will have no liability for such cancellations and refunds. Rentecarlo may require sight of evidence from the Owner and/or Renter to support a request for a refund under this clause 8.7 before such a refund is granted.
    7. If the Owner or the Renter wishes to amend a Booking, the other party must agree the amendment and Rentecarlo must then be notified. The party requesting the amendment may be liable to an administration fee of £10, and additional Insurance Charges may also apply if there is to be an extension to the Rental Period.
    8. The Owner and the Renter agree that Rentecarlo’s obligation to pay any Cancellation Charges is conditional upon the Renter paying the Charges upon Booking.
  9. Insurance

    Rentecarlo members, both Owners and Renters, are bound by the terms and conditions of Admiral Insurance.  Insurance cover is only issued on the understanding that all members meet the eligibility criteria and that all the information supplied is both accurate and true.  Admiral reserve the right to cancel or void the insurance cover immediately if any of the policy terms, conditions or exceptions are breached or where misrepresentation or fraud is detected.

    1. Once a Booking has been made, Rentecarlo will automatically arrange an insurance policy (“the Policy”) covering the Vehicle for the duration of the Rental Period. You can find more information on insurance and safety here. Subject to the exclusions and restrictions detailed in the Policy, the conditions of the Policy apply to all Bookings. By completing a Booking, the Owner and the Renter accept the conditions of the Policy. By completing a Booking, the Owner and the Renter accept the conditions of the Policy, and, in particular, General Conditions 1 & 9 of the Policy Book.
    2. The Policy arranged by Rentecarlo is designed not to prejudice or otherwise affect the Owner’s or Renter’s existing insurance but it is the obligation of both the Owner and the Renter to check this for themselves.
    3. Before making a Booking the Owner and the Renter are advised to review the conditions of the Policy, which are set out in full on the Website and within the insurance documentation provided by Rentecarlo. The Policy conditions apply to all Bookings. By completing a Booking, the Owner and the Renter accept the conditions of the Policy.
    4. If the Charges are not paid in full, or if the Owner and/or the Renter do not complete any required part of the Booking process, the Policy will not be arranged and the Renter will be unable to access the Rental Services.
  10. Suspension and Termination

    1. Subject to clause 10.4, the Renter or the Owner may cancel or delete his account on the Website at any time. Any Bookings will be cancelled automatically and the cancellation charges as set out in clause 8 shall apply.
    2. Should the Renter or the Owner breach clause 4.14 or clause 5.8, and in order to mitigate the damage done by the posting of any such Content (whether such Content has been posted deliberately or accidentally), Rentecarlo shall immediately suspend the Content in question while an investigation is undertaken. Rentecarlo may also immediately suspend or terminate the Owner’s account on the Website and/or terminate the Contract.
    3. Rentecarlo may at any time in its discretion, with or without prior notice or investigation, suspend or terminate the Renter or the Owner’s account on the Website and/or terminate the Contract if any clause in these Conditions has been breached.
    4. Termination or suspension of the Renter or the Owner’s account on the Website will not affect the right of Rentecarlo to recover any money or enforce any other obligation owed pursuant to these Conditions.
  11. VAT and Taxes

    1. The Owner is responsible for determining whether any VAT is chargeable for the Rental Services and for collecting that VAT.
    2. Rentecarlo does not pay any taxes on behalf of the Owner or the Renter accessing the Rental Services. The Owner and the Renter are solely liable for any taxes resulting from any Booking or use of the Website, and are solely responsible for determining what taxes, if any, apply and to pay such taxes. Rentecarlo recommends that the Owner and the Renter each seek advice from a tax professional on this clause 11.
  12. Intellectual Property Rights

    1. All Intellectual Property Rights in or arising out of or in connection with the Rental Services shall be owned by Rentecarlo.
    2. The Owner and the Renter acknowledge that, in respect of any third party Intellectual Property Rights, the Owner and/or the Renter’s use of any such Intellectual Property Rights is conditional on Rentecarlo obtaining a written licence from the relevant licensor on such terms as will entitle the Rentecarlo to license such rights to the Owner and/or the Renter.
    3. All of Rentecarlo’s Materials are the exclusive property of Rentecarlo.
  13. Limitation of liability

    YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

    1. The Owner and the Renter accept that the role played by Rentecarlo in providing the Rental Services is limited to the provision and administration of an electronic marketplace within which individuals with unused cars may connect with individuals looking for cars to rent. That said,however, nothing in these Conditions shall limit or exclude Rentecarlo’s liability for:
      1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
      2. fraud or fraudulent misrepresentation; or
      3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
    2. Subject to clause 13.1:
      1. Rentecarlo shall under no circumstances whatever be liable to the Owner and the Renter, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
      2. Rentecarlo’s total liability to the Owner and the Renter in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed a sum equivalent to 200% of the Rentecarlo Charges.
    3. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
    4. This clause 13 shall survive termination of the Contract.
  14. Severance

    1. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 14 shall not affect the validity and enforceability of the rest of the Contract.
    2. If one party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
  15. Waiver

    1. A waiver of any right under the Contract or law is only effective if it is agreed in writing by Rentecarlo, the Owner and the Renter and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
  16. No partnership or agency

    1. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between Rentecarlo, the Owner and/or the Renter, nor constitute the parties to be the agent of the other for any purpose. No party shall have authority to act as agent for, or to bind, the other parties in any way.
  17. Third parties

    1. A person who is not a party to the Contract shall not have any rights to enforce its Conditions.
  18. Variation

    1. Rentecarlo may amend these Conditions from time to time and will publish the amended version of the Conditions on the Website. The Owner and the Renter are advised to look at the top of this page to see the date that the Conditions were last amended.
    2. Every time a Booking is made, the Conditions in force at the time of the Booking will apply to the Contract.
    3. Rentecarlo may revise these Conditions from time to time as they apply to the Booking to reflect the following circumstances:
      1. changes in relevant laws and regulatory requirements;
      2. changes in the operation of Rentecarlo.
    4. If Rentecarlo has to revise these Conditions as they apply to a Booking, Rentecarlo will contact the Owner and the Renter to give reasonable advance notice of the changes and information on how to cancel the Contract if the Owner and/or the Renter is not happy with the changes.
  19. Governing law

    1. This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
  20. Jurisdiction

    1. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).