General Terms
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
Account means the User's online account on the Portal;
Delivery
Confirmation
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) 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 the hire agreement regulated by the Consumer Credit Act
1974 ;
Incident any accident, theft or damage (including but not limited to fire or
vandalism) involving or affecting a Vehicle;
Insurance Annex means 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
Requirements
means the requirements a User must comply with in respect of
each Driver, to determine the User's eligibility for Vehicle
insurance;
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;
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 [insert URL]
which enables the User to create an Account, complete the Registration Process and enter the Subscription Contract;
Privacy Policy means the policy that describes BMUK's collection and
processing of personal data related to the Subscription Contract
available in our [website];
Registration Process means the process which the User must complete 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;
Subscription Plan means the particular plan selected by the User to hire the Vehicle
which shall amongst other matters set out the Fees payable, the
duration, the category or model of the Vehicle, the contracted
mileage and insurance coverage;
Territory means the United Kingdom
User means a customer of BMUK who purchases a Subscription Plan
and is named in the Hire Agreement;
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 their Account on the Platform. The User may modify such password at any time. The
User shall not disclose the password to any third party and shall keep it secret. The User's
account on the Platform is personal and non-transferable, and the User will not allow access or
use of it by anyone else.
2.2 Subscription Plan. Once the User has opened their Account, they may browse the available
Subscription 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
information will include copies of the driving licence for each proposed Driver of the Vehicle,
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 Subscription 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 additional 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).
3. Commencement and duration
3.1 Start date of Subscription Contract. The Subscription Contract starts on the date the User
electronically signs the Subscription 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.
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: In accordance 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).
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.
3.7 Return of 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 appointed 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 (including 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. During the Registration Process, the User must truthfully and fully
answer the Insurance Requirements 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 Vehicle insurance and roadside assistance are included as part of the Fees. A summary of
the applicable 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 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.
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 Agreement);
(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) insurance and roadside assistance;
(e) Vehicle tax;
(f) technical testing of the Vehicle;
(g) replacement Vehicle solely in accordance with BMUK's Replacement Vehicle Policy;
(h) customer service from 8am to 8pm; Monday to Friday (GMT / BST); and.
(i) all other services set out in the Subscription Contract.
The Fees are inclusive of Value Added Tax. Insurance and roadside assistance is only
included where the Subscription Plan specifies it is included.
8.2 Fee exclusions. In addition to the Fees, the User is responsible for:
(a) any applicable fuel, diesel exhaust fluid and energy charges (including electricity
consumption);
(b) tolls or congestion charges; and
(c) any costs incurred which are not specified in the Subscription Contract.
8.3 Advertised Fees. Any fees which are advertised may be different to the Fees payable under
the Subscription Contract, depending on the Subscription Plan selected, the number of Drivers
and other factors. The Hire Agreement shall set out the full details of the Fees and charges
payable in respect of the Vehicle.
8.4 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 every six (6) months
and additional charges may apply for any mileage above the permitted maximum. The
applicable charges for excess mileage are set out in the Hire Agreement.
8.5 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.
8.6 Payment of Fees. Upon Delivery Confirmation, and on or about the same date each month
during the Subscription Contract thereafter (except where such date is a Saturday, Sunday or
public holiday in which case the relevant day shall be the prior business day), 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").
8.7 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 Payment Method
on previous Payment Date.
8.8 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 suffered by a User.
8.9 Updating the Payment Method. The User must ensure that the Payment Method shall be valid
throughout the duration 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.
8.10 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) Immobilising the Vehicle;
(b) recovering the Vehicle;
(c) treating the non-payment as early termination by the User, in which case the charges set
out in the Hire Agreement shall apply;
(d) applying the Deposit towards any overdue Fees;
(e) notifying the police;
(f) taking legal action against the User to recover overdue payments; and / or
(g) exercising any other rights BMUK may have under the Subscription Contract or applicable
law.
8.11 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 similar 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.
8.12 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 Subscription 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 Updated Registration Process. BMUK is entitled to request information and update the
Registration Process before agreeing to provide any updated Vehicle.
9.6 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 delivery 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.
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.
10.6 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 responsibilities
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, barbiturates,
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-accessible 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-compliance, 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 company 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 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 available 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 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 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 Ombudsman 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.
13.8 Contact us. If you have any questions, or you experience any Incident, please get in touch with
us:
Telephone: +44 20 4579 0278
Customer service hours: Monday to Friday, from 8:00 a.m. to 8:00 p.m.
E-mail: nissan_uk@bipicar.com
INSURANCE ANNEX
Eligibility requirements
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 Subscription 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 following link: https://nissansubscriptions.zendesk.com/hc/en-gb/articles/14178768621585-Insurance-policy
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.