Streetcar Terms and Conditions

    • 1

      Definitions

    • 2

      Conditions of Vehicle Use for Members

    • 3

      Member’s Responsibilities

    • 4

      Streetcar’s Responsibilities

    • 5

      Eligibility of Membership

    • 6

      Reservation Period

    • 7

      Vehicle Collection and Return

    • 8

      Pricing Structure

    • 9

      Refueling and Minor Expenses.

    • 10

      Payment

    • 11

      Payment Charges

    • 12

      The Streetcard

    • 13

      Penalties

    • 14

      Traffic Offences

    • 15

      Insurance Cover

    • 16

      What to do in the Case of Accident or Theft

    • 17

      Breakdown

    • 18

      Taking a Streetcar Abroad

    • 19

      Vehicle Location Devices

    • 20

      Data Protection

    • 21

      Member Communication

      • 22

      Termination of Membership

    • 23

      Amendments

    • 24

      Force Majeure

    • 25

      Severance

    • 26

      Third Party Rights

    • 27

      Governing Law

    • 28

      Jurisdiction

  • 1 Definitions

    • In this Agreement:

    • 1.1

      ‘Agreement’ refers to the Terms and Conditions set out below and signed, or agreed online, by the Member;

    • 1.2

      ‘Streetcar’ refers to Streetcar Limited, incorporated in the UK with company registration number 04525217 and a registered address of Melbury House, 51 Wimbledon Hill Road, Wimbledon, SW19 7QW;

    • 1.3

      ‘Streetvan’ refers to the service operated by Streetcar Ltd which allows the use of vans within the Streetcar fleet to Streetvan Members;

    • 1.4

      ‘Streetcar Member’ refers to the person who has registered with Streetcar to use all vehicles within the Streetcar fleet, agreed to the Streetcar Terms and Conditions, paid the Annual Membership fee or Quarterly Membership fee and has been issued with a Streetcard, or to the person added to the Streetcar account as a partner Member;

    • 1.5

      ‘Streetvan Member’ refers to the person who has registered with Streetcar to use the vans within the Streetcar fleet, agreed to the Streetcar Terms and Conditions, paid the Annual Registration fee and has been issued with a Streetcard;

    • 1.6

      ‘Member’ or ‘Members’ refers to all Streetcar Members and partner Members and all Streetvan Members, where ‘Member’ refers to anyone who falls in these groups;

    • 1.7

      ‘Annual Membership fee’ refers to the annual charge relating to full Streetcar Membership;

    • 1.8

      ‘Quarterly Membership fee’ refers to the quarterly charge relating to full Streetcar Membership;

    • 1.9

      ‘Annual Registration fee’ refers to the annual charge relating to Streetvan Membership;

    • 1.10

      ‘Vehicle’ refers to a car or van within the Streetcar fleet that the Member is permitted to drive for the Reservation Period;

    • 1.11

      ‘Streetcard’ refers to the smart card that Streetcar and Streetvan Members receive which allows them to access a Vehicle for the Reservation Period;

    • 1.12

      ‘Reservation Period’ is the time that the Member has pre-booked for use of a Vehicle. The Reservation Period can be extended, either online at www.streetcar.co.uk for Streetcar Members, at www.streetvan.co.uk for Streetvan Members, or by calling 0845 644 8475 between the hours of 7am and 10pm for all Members, subject to the provisions contained in these Terms and Conditions;

    • 1.13

      ‘Hourly Rate’ is the cost of the Vehicle per hour during the Reservation Period for the basic use of the Vehicle, excluding any costs relating to fuel, penalties or damage to the Vehicle;

    • 1.14

      ‘User Guide’ is the reading material that the Member can access online at the Streetcar or Streetvan website. A hard copy is also available inside the Vehicles;

    • 1.15

      ‘Reserved Parking Space’ is the reserved space in which the Vehicle is parked when not in use by a Member;

    • 1.16

      ‘Damage Log’ refers to the pages inside the User Guide placed in the glove compartment of the Vehicle where Members must record any damage to the Vehicle of which they have become aware (both interior and exterior) which has not already been reported to Streetcar;

    • 1.17

      ‘Business Member’ refers to a Member who has joined Streetcar as part of a business account.

  • 2 Conditions of Vehicle Use for Members

    • 2.1

      The Vehicle must only be driven by a Member.

    • 2.2

      Vans within the Streetcar fleet may be driven by Streetcar and Streetvan Members.

    • 2.3

      Cars within the Streetcar fleet may only be driven by Streetcar Members.

    • 2.4

      The Member must not use the Vehicle for hire or reward.

    • 2.5

      The Member must not use the Vehicle for any illegal purpose.

    • 2.6

      The Member must not use the Vehicle off-road, or for racing, pace making, testing the Vehicle’s reliability and speed, or teaching someone to drive.

    • 2.7

      The Member must not use the Vehicle when under the influence of alcohol or drugs.

    • 2.8

      The Member must not carry a number of passengers which exceeds the designed seating capacity of the Vehicle.

    • 2.9

      The Member must not carry baggage which would cause the Vehicle to be overloaded.

    • 2.10

      The Member may not carry any hazardous, toxic or flammable materials in the Vehicle.

    • 2.11

      The Member must not drive the Vehicle in countries other than England, Scotland and Wales without written permission from Streetcar.

    • 2.12

      The Member must provide Streetcar with correct information when registering as a Member (including, and without limitation, the Member’s name, address, age, and driving history). It is the Member’s responsibility to update Streetcar with any changes to this information during their Membership.

    • 2.13

      The Member must always use the Vehicle in accordance with all highway and other applicable laws and regulations which may be in force at any time.

    • 2.14

      Streetcar reserves the right to immediately suspend and/or terminate the Membership rights of its service to any Member for a contravention of any of the Terms and Conditions contained in this Agreement. Upon suspension, any existing reservations for the Member may be cancelled by Streetcar at its discretion.

  • 3 Member’s Responsibilities

    • 3.1

      Looking after the Vehicle

    • 3.1.1

      Members must lock the Vehicle when not using it during their Reservation Period.

    • 3.1.2

      Members will incur a charge for lost keys, key fobs and Streetcards as set out in section 13.

    • 3.1.3

      Members must follow all security procedures set out in these Terms and Conditions.

    • 3.1.4

      Members must make sure they use the correct fuel when refueling the Vehicles.

    • 3.1.5

      Members are responsible for the Vehicle, and anything that happens to it, from the moment they use their Streetcard to gain access to the Vehicle until either the later of the end of the Reservation Period or the end of the use of the Vehicle, including any consequential costs incurred due to the state, location and security of the Vehicle at the end of use.

    • 3.1.6

      Members must not sell, rent or dispose of any Vehicle or any of its parts, or purport to give anyone any legal rights over the Vehicle.

    • 3.2

      Smoking and Pets

    • 3.2.1

      Smoking and pets are prohibited in the Vehicle. Members are subject to penalties, as set out in section 13, if evidence of smoking or pets is found in any Vehicle.

    • 3.3

      Damage

    • 3.3.1

      Members must perform a thorough check of their Streetcar Vehicle at the beginning of each booking and immediately inform Streetcar of any previously unreported damage. Members may be held liable for any damage they do not report, which was present on the Vehicle at the start of their journey.

    • 3.3.2

      Members must inform Streetcar immediately if they become aware of any defect or damage to a Vehicle (either internal or external).

    • 3.3.3

      Members may be liable for payment for repairs to a Vehicle which is over and above Streetcar’s general cleaning and maintenance routine, or if the Vehicle has been damaged either inside or outside during the Member’s Reservation Period.

    • 3.3.4

      Members must ensure that no repair or other work is carried out on a Vehicle without Streetcar’s prior written permission.

    • 3.3.5

      Streetcar will use the services of either an industry accredited external bodywork repair centre or Streetcar’s own in-house bodywork repair centre to make good any repairs to the Vehicles.

    • 3.3.6

      Streetcar reserves the right to charge a Member’s credit or debit card within two working days of a notification email being sent to the Member outlining the cost of the damage.

    • 3.3.7

      Streetcar reserves the right to charge the Member responsible for the damage to a Vehicle for any additional consequential costs which may result including, but not limited to, the administrative time required to arrange for the damage to be made good.

    • 3.3.8

      Streetcar reserves the right to recover funds from Members who have damage caused by a third party, to a Streetcar Vehicle in their possession. If the third party is deemed liable by the relevant insurance companies and a full payment is made to Streetcar by the third party insurer Streetcar will immediately transfer back the full sum paid by the Member onto the card details held on file. Please note that Streetcar will not transfer back more than the original amount taken from the Member nor will Streetcar credit back more than the amount paid out by the third party’s insurer.

    • 3.4

      Congestion Charging and Toll Roads

    • 3.4.1

      Members are responsible for paying any tolls, fees or charges which they may incur during a trip, including, but not limited to, the Dartford crossing toll and Toll Road fees, but excluding the London Congestion Charge which is paid centrally by Streetcar and charged to Members accounts, where applicable.

    • 3.4.2

      Members entering the London Congestion Charging zone do not need to pay the charge directly to Transport for London. The charge will be added to their Streetcar Account.

    • 3.5

      Belongings and Lost Property

    • 3.5.1

      Members must check that they have not left any belongings in the Vehicle prior to returning the Vehicle to its Reserved Parking Space. The Member agrees not to hold Streetcar responsible for any belongings left in the Vehicle by a Member.

    • 3.5.2

      Streetcar shall make every reasonable effort to reunite lost belongings with their owner but shall not be held liable for any belongings left by the Member in a Vehicle. Any discovered items will be logged in the lost property book and held by Streetcar for a period of no less than a month. Belongings not claimed within this period will be passed on to charity at the discretion of Streetcar.

    • 3.5.3

      Belongings not claimed within this period may be passed on to charity or disposed of at the discretion of Streetcar, where the Member will be liable for any costs of disposal.

    • 3.6

      All Business Members will be subject to the same conditions laid out within these Terms and Conditions.

    • 3.6.1

      Business Members will be deemed to have agreed to these Terms and Conditions by their acceptance of Membership and / or from time to time making a booking.

    • 3.6.2

      Any price variation or membership tariffs different to these Terms and Conditions is offered at the continued discretion of Streetcar.

  • 4 Streetcar’s Responsibilities

    • 4.1

      Streetcar will maintain all Vehicles to a roadworthy standard.

    • 4.2

      Streetcar’s procedures are designed to ensure that any faults are reported promptly by both Members and Streetcar employees responsible for maintenance of the Vehicles. Streetcar will carry out regular checks on all Vehicles but Members must ensure that Streetcar are informed of any irregularities as soon as the Member becomes aware.

    • 4.3

      Subject to clause 4.5 below, Streetcar is not liable to a Member under or in connection with this Agreement whether for negligence, breach of contract, misrepresentation or otherwise, for:

    • 4.3.1

      Loss or damage incurred by the Member as a result of any claims made by a third party;

    • 4.3.2

      Loss of profit, goodwill, business opportunity or anticipated saving suffered by the Member; or

    • 4.3.3

      Any indirect or consequential loss or damage suffered by the Member.

    • 4.4

      The entire liability of Streetcar under or in connection with this Agreement whether for negligence, breach of contract, misrepresentation or otherwise, is limited to an amount equal to five (5) times the cost of the Reservation Period.

    • 4.5

      Nothing in this Agreement will operate to exclude or restrict Streetcar’s liability for:

    • 4.5.1

      Death or personal injury resulting from negligence;

    • 4.5.2

      Breach of the obligations arising from s.12 of the Sale of Goods Act 1979; or

    • 4.5.3

      Streetcar’s fraud or negligence.

  • 5 Eligibility of Membership

    • Membership will ordinarily be available to Members of the public, at the complete discretion of Streetcar, who:

    • 5.1

      Are at least 19 years of age and no older than 80 years of age, (75 at date of joining) and meet the following criteria:

    • 5.1.1

      Have held a full driving licence (not provisional) for a minimum of 12 months.

    • 5.1.2

      Have no more than 6 penalty points on driving licence.

    • 5.1.3

      Have no drink driving convictions in the last 5 years.

    • 5.1.4

      Have no convictions relating to driving without insurance.

    • 5.1.5

      Have had no more than two accidents in the last 3 years

    • 5.1.6

      Are not professional sports people or professional entertainers;

    • 5.1.7

      If under 21 years of age have held a full licence for at least 2 years (with the exception of STUDENT OFFER members, who must have held a licence for at least 1 year.).

    • 5.2

      Partner Members

    • 5.2.1

      Streetcar Members who have paid the Annual Membership fee, discounted or otherwise, may add a partner Member onto their account, who will have the same rights and privileges as the Member, where the Member guarantees any charges, penalties, or amounts owed whatsoever by the partner Member.

    • 5.2.2

      For the avoidance of doubt partner Members will be held jointly and severably liable for any sums due under these Terms.

    • 5.2.3

      Partner Members will pay 50% of any Annual Membership fees and any monthly insurance options, but will pay 100% of all other charges and fees, as laid out in these Terms.

    • 5.3

      Share the Driving

    • 5.3.1

      Streetcar and Streetvan Members may add a person to temporarily ‘Share the Driving’ by selecting this option when making a booking. Any such person is insured to drive the respective Streetcar Vehicles, being cars and vans or solely the vans, for the period which the ‘Share the Driving’ lasts, subject to Streetcar having received confirmation of the completion of driver checks.

    • 5.3.2

      Streetcar Members can make use of this facility, when making a booking, for £9.50 per 24 hours.

    • 5.3.3

      Streetvan Members can make use of this facility, when making a booking, for £14.50 per 24 hours.

    • 5.3.4

      Any such ‘Share the driving’ facility and subsequent driving of a Streetcar Vehicle by a non-Member is conditional on confirmation of the completion of the Streetcar driving checks, which are subject to the availability of third party providers.

    • 5.3.5

      Any person driving without confirmation of completion of these checks would not be covered by Streetcar’s insurance policy.

    • 5.3.6

      The Member must be present in the Vehicle at all times when any non-Member is driving the Streetcar Vehicle under this facility and remains solely responsible for any charges, penalties or amounts owing whatsoever as a result of that non-Member’s driving of the Vehicle.

    • 5.3.7

      Any such option is amendable on the same Terms as the booking itself, and must be made in advance of the start of the Reservation period.

    • 5.4

      Upgrading from Streetvan to Streetcar Membership

    • 5.4.1

      A Streetvan Member may at any time upgrade their Membership from a Streetvan Membership to a full Streetcar Membership upon payment of the appropriate fee, where this fee is usually the difference between the Streetcar Annual Membership fee and the Streetvan Annual Registration fee.

    • 5.4.2

      Any such Streetcar Membership will last one year from the date of upgrading and will continue to be governed by this Agreement.

    • 5.4.3

      For the avoidance of doubt, any such upgrade does not affect Streetcar’s reserved right to terminate Membership in accordance with this agreement, and recover any sums owing from the previous Streetvan Membership.

    • 5.4.4

      Any such upgrade fee is non-refundable. This does not affect your statutory rights.

  • 6 Reservation Period

    • 6.1

      Members must always reserve Vehicles prior to use.

    • 6.2

      The minimum Reservation Period is 30 minutes, and usage is charged in 30 minute units.

    • 6.3

      Members can use the Vehicle for the Reservation Period.

    • 6.4

      Cancelling or Shortening a Reservation Period.

    • 6.4.1

      If a Member wishes to cancel or shorten a Reservation Period, the Member must do so with at least the prescribed notice before the start of such period either at www.streetcar.co.uk for Streetcar Members, at www.streetvan.co.uk for Streetvan Members or for all Members by calling Streetcar on 0845 644 8475, between the hours of 7am and 10pm.

    • 6.4.2

      Reservations cancelled or shortened with less than the prescribed notice before the start of the Reservation Period may be subject to certain penalties, as further described in section 13 below.

    • 6.4.3

      The prescribed notice will ordinarily be four hours.

    • 6.4.3.1

      Streetcar specifically reserves the right to require bookings to be shortened or cancelled on longer notice periods, of up to 10 days, including, but not limited to, occasions of peak demand, periods in which bank holidays fall, the Christmas period of 24th December to 2nd January inclusive and Easter holidays, where the Terms are hereby varied to this effect.

    • 6.4.3.2

      Members will always be given notice of such extended notice periods by email.

    • 6.5

      Streetcar may agree to extend the Reservation Period in accordance with the procedures set out in the Member’s User Guide and section 13 (this can only be done if another Member is not waiting for the same Vehicle.)

    • 6.6

      Failure by a Member to return the Vehicle to its Reserved Parking Space before the end of the Reservation Period will result in the Member being liable for a penalty, as set out in section 13.

    • 6.7

      The maximum single Reservation Period is 3 months. If the Vehicle is needed for longer a back to back booking can be made, subject to the requirements on pre-payments.

  • 7 Vehicle collection and return

    • 7.1

      The Member must collect the Vehicle from its Reserved Parking Space and return it locked, clean and in good working order, to the same Reserved Parking Space, no later than the end of the Reservation Period.

    • 7.2

      The Member must return the Vehicle to the Reserved Parking Space. If this is not possible for any reason the Member must call Streetcar immediately and ask for guidance on where to leave the Vehicle.

    • 7.2.1

      Outside Streetcar operating hours Members must call Streetcar and indicate exactly where they have left the Vehicle by leaving a voicemail.

    • 7.2.2

      Failure to follow this procedure will result in liability for any costs incurred by Streetcar under section 14.

    • 7.3

      The Member is responsible for assessing the condition of the Vehicle (both interior and exterior) at the START of the Reservation Period. Failure to immediately notify Streetcar of any faults (not previously reported in the Damage Log in the Vehicle) will be deemed to indicate the Member’s acceptance of the good working order of the Vehicle at the beginning of the Reservation Period.

    • 7.4

      During the Reservation Period, Members must immediately inform Streetcar by phone of any fault in the Vehicle and must not use the Vehicle whilst it is in an unroadworthy condition.

    • 7.5

      Members are responsible for charges and costs incurred by Vehicle use during the Reservation Period (including, but not restricted to, charges and costs incurred as a result of traffic offences).

    • 7.6

      The Vehicle must always be in good condition and ready for use by the next Streetcar or Streetvan Member no later than the end of the previous Member’s Reservation Period. Failure to adhere to this will result in the previous Member being penalised as set out in section 13 below.

    • 7.7

      At the end of the Reservation Period, or at the end of Vehicle use if later, the key to the Vehicle and the attached key fob must remain inside the Vehicle in the glove compartment. The Reservation Period ends when the user locks the Vehicle with their Streetcard. The Member will be charged for the full Reservation Period, regardless of whether or not the Vehicle is returned early, and will be charged until the end of Vehicle use if later than the Reservation Period.

    • 7.8

      Members must inform Streetcar immediately if they fail to leave the keys and/or the key fob in the Vehicle. Members must pay the Hourly Rate (in thirty minute units) until the key is returned, as well as any applicable penalty charges set out in section 13 below.

    • 7.9

      Members must always leave the Vehicle locked at the end of their booking and will be liable for any damage or theft caused by failure to do so.

  • 8 Pricing Structure

    • 8.1

      Founder Members Deposit

    • 8.1.1

      Upon joining, Founder Members (Members joining before 12th June 2007) will pay a deposit of £150. This deposit is returnable (subject to right of set off and subject to clause 8.1.3 below) upon a Member resigning Membership in accordance with section 20.

    • 8.1.2

      The deposit can be used by Streetcar as operating cashflow and can be used to cover any fines that a Member may incur, in the event of non payment of such fines where Membership would then be terminated.

    • 8.1.3

      Streetcar reserves the right to withhold repayment of the deposit at the absolute discretion of the management of Streetcar Limited.

    • 8.1.4

      The provisions of this section 8 will from the date hereof also apply to any deposits previously paid to and held by Streetcar at the date hereof and the Terms which previously applied in that regard are hereby varied.

    • 8.2

      Streetcar Members will pay Membership fees, Streetvan Members will pay Registration fees.

    • 8.2.1

      Annual Membership Fees
      Streetcar Members joining after 12th June 2007 will pay either an Annual Membership fee or a Quarterly Membership fee.

    • 8.2.1.1

      Streetcar Members joining Streetcar after and including the 5th of January 2009, who choose to pay annually, will pay a joining fee of £59.50 which is made up of a discounted first-year £49.50 Membership fee and £10 to purchase a Streetcar smartcard. The payment for the joining fee will be processed on the day that the Member joins by direct debit.

    • 8.2.1.2

      Such members, on joining, may choose to pay the discounted £49.50 Membership fee only and to not receive a Streetcar smartcard. Access to the Vehicles will then be through Streetcar’s remote unlock service which costs £2.50 per each lock or unlock action. In this case, access to Vehicles will be restricted to the hours of operation of Streetcar’s Member Services centre.

    • 8.2.1.3

      The non discounted rate of Streetcar Annual Membership is £59.50, which is non-refundable, where the Terms are hereby varied to that effect. This does not affect your statutory rights.

    • 8.2.1.4

      12 months after joining, and on each subsequent anniversary, the full Annual Membership fee of £59.50 will be due for Members who paid the Annual Membership fee upon joining, discounted or otherwise.

    • 8.2.1.5

      Streetcar reserves the right to process this charge up to a month prior to the charge being due, in order to renew Membership seamlessly.

    • 8.2.1.6

      Streetcar discounted Annual Membership fee of £49.50 is not refundable, and the Terms are hereby varied to that effect. This does not affect your statutory rights.

    • 8.2.2

      Quarterly Membership Fees
      Streetcar Members joining after 13th November 2007 and who choose to pay quarterly will pay a Quarterly Membership fee of £19.50.

    • 8.2.2.1

      3 months after joining, and at the end of each subsequent 3 month period, the Quarterly Membership fee of £19.50 will be due for all Members who paid the Quarterly Membership fee upon joining.

    • 8.2.2.2

      Streetcar reserves the right to process this charge up to two weeks prior to the charge being due, in order to renew Membership seamlessly.

    • 8.2.2.3

      Streetcar reserves the right to offer Quarterly Membership to selected Members only, and for the avoidance of doubt reserves the right to refuse or terminate Membership at any time at the complete discretion of the management of Streetcar.

    • 8.2.2.4

      Streetcar Members who have paid the Quarterly Annual fee can choose to pay the Annual Membership fee at the 3 month anniversary of joining or at any subsequent 3 month anniversary.

    • 8.2.3

      Streetvan Annual Registration Fees
      All Streetvan Members joining after 5th January 2009 will pay an Annual Registration fee of £19.50.

    • 8.2.3.1

      12 months after joining, and on each subsequent anniversary, the Annual Registration fee of £19.50 will be due for all Streetvan Members who paid the Annual Registration fee upon joining.

    • 8.2.3.2

      Streetcar reserves the right to process this charge up to two weeks prior to the charge being due, in order to renew Membership seamlessly.

    • 8.2.3.3

      The Streetvan Annual Regstration fee is not refundable. This does not affect your statutory rights.

    • 8.2.3.4

      As per 5.4.4 any fee payable upon upgrade from Streetvan to Streetcar Membership is also not refundable. This does not affect your statutory rights.

    • 8.3

      Insurance Excess Options

    • 8.3.1

      Streetcar Members between the ages of 25 and 75 inclusive, with no accidents in the past 3 years and less than 3 points on their licence have the option of paying a charge of £3.95 per month to reduce the amount of excess payable as a result of an accident to £250. In circumstances where Streetcar is required to make a claim for fire or accidental damage, this will reduce the insurance excess payable by the Streetcar Member from £500 to £250. Similarly, Streetcar Members can pay £9.95 per month to reduce this excess to £0. These reductions do not apply to any damage caused to a Vehicle’s tyres and/or windows and/or windscreen, nor any damage caused by unreasonable carelessness or negligence. In these instances the Streetcar Member will be fully liable for the cost of repair and/or replacement, and in the case of unreasonable carelessness or negligence, any consequential costs.

    • 8.3.2

      Streetcar Members between the ages of 19 and 24 inclusive or between the ages of 75 and 80 inclusive can reduce their excess payable to £250 by paying an optional insurance excess charge of £5.95 per month (to reflect the increased basic excess payable). Similarly, such Streetcar Members can reduce their excess payable to £0 by paying an optional insurance excess charge of £14.95 per month. These reductions do not apply to any damage caused to a Vehicle’s tyres and/or windows and/or windscreen, nor any damage caused by unreasonable carelessness or negligence. In these instances the Streetcar Member will be fully liable for the cost of repair and/or replacement, and in the case of unreasonable carelessness or negligence, any consequential costs.

    • 8.3.3

      Streetcar Members between the ages of 25 and 75 with 3 or more points on their driving licence, and/or have had one or more accidents in the last 3 years can reduce their excess payable to £250 by paying an optional insurance excess charge of £5.95 per month (to reflect an increased basic excess payable). They can also reduce this excess payable to £0 by paying £14.95 per month. These reductions do not apply to any damage caused to a Vehicle’s tyres and/or windows and/or windscreen, nor any damage caused by unreasonable carelessness or negligence. In these instances the Streetcar Member will be fully liable for the cost of repair and/or replacement, and in the case of unreasonable carelessness or negligence, any consequential costs.

    • 8.3.4

      All monthly insurance excess reduction options for Streetcar Members can be applied at any stage in the month at a pro-rata cost.

    • 8.3.4.1

      All monthly insurance excess reduction options for Streetcar Members will apply until such time as the Member indicates that they no longer wish to continue with this option, whereupon the option will be removed for the following calendar month.

    • 8.3.5

      Per Day Insurance - All Streetcar Members will have the option to reduce their excess to £0 for £9.50 per 24 hours, when making a booking. All Streetvan Members will have the same option for £14.50 per 24 hours when making a booking. Any such option is amendable on the same terms as the booking itself, and must be confirmed in advance.

    • 8.4

      Hourly Rate - VW Golf

    • 8.4.1

      The Rate for use of a Streetcar VW Golf is £5.95 per hour, chargeable in thirty minute units.

    • 8.4.2

      The Hourly Rate is capped at £49.50 per day so usage Rates will not exceed £49.50 in any 24 hour period for any single booking. For example, a booking from 10am on Saturday to 2pm on Sunday is 28 hours. A Member would pay £49.50 for 10am on Saturday to 10am on Sunday as well as 4 chargeable hours from 10am to 2pm on Sunday.

    • 8.5

      Hourly Rate - VW Polo BlueMotion

    • 8.5.1

      The Rate for use of a Streetcar VW Polo BM is £3.95 per hour, chargeable in thirty minute units.

    • 8.5.2

      The Hourly Rate is capped at £39.50 per day so usage Rates will not exceed £39.50 in any 24 hour period for any single booking. For example, a booking from 10am on Saturday to 2pm on Sunday is 28 hours. A Member would pay £39.50 for 10am on Saturday to 10am on Sunday as well as 4 chargeable hours from 10am to 2pm on Sunday

    • 8.6

      Hourly Rate - VW Van

    • 8.6.1

      The Rate for use of a Streetcar VW Van is £8.95 per hour, chargeable in thirty minute units.

    • 8.6.2

      The Hourly Rate is capped at £69.50 per day so usage Rates will not exceed £69.50 in any 24 hour period for any single booking. For example, a booking from 10am on Saturday to 2pm on Sunday is 28 hours. A Member would pay £69.50 for 10am on Saturday to 10am on Sunday as well as 4 chargeable hours from 10am to 2pm on Sunday.

    • 8.7

      Free Mileage Allowance

    • 8.7.1

      Each Member will be entitled to 30 free miles per calendar day.

    • 8.7.2

      Each mile traveled over this free mileage allowance is charged at 23p per mile.

    • 8.8

      Remote Unlocks

    • 8.8.1

      Streetcar may agree to remotely unlock or lock a Vehicle for a Member who has forgotten, or has not purchased a Streetcard, at the start or end of the Reservation Period. A charge of £2.50 will be made for such an action.

    • 8.9

      The prices quoted in section 8 are valid for trips that commence after the 1st of January 2008.

    • 8.10

      Usage Credits

    • 8.10.1

      Streetcar may from time to time allocate credits for free usage or Membership. These credits will have a period of time within which the credits must be used ("Credit Lifespan"). Unless otherwise specified, the Credit Lifespan is 12 months from the date the credit is awarded. Beyond the end of the Credit Lifespan, the credit will have zero value.

    • 8.10.2

      Where the Credit Lifespan is greater than 1 month, the proportion of the credit’s value which can be used in any month during the Credit Lifespan is restricted by a cap on the value ("Credit Monthly Cap"). This cap is calculated such that no more than 1/x (where x is the Credit Lifespan) can be used in one month. For example, if the Credit Lifespan is 3 months, no more than 1/3 of the credit’s value can be used in any month.

    • 8.10.3

      At the end of every month of the Credit Lifespan, the Credit Monthly Cap will be deemed to have been reached and the value of the remaining credit will be reduced by the amount of the Credit Monthly Cap. For example, a £50 credit has a 3 month Credit Lifespan. At the end of the first month, £33.33 of credit remains, and at the end of the second month £16.67 remains.

    • 8.11

      Discounts

      Streetcar may from time to time offer discounted usage Rates.

    • 8.11.1

      Such discounts may include, but are not limited, to discounted Hour Rates, weekday five day booking Rates, week rates and monthly Rates.

    • 8.11.2

      Streetcar specifically reserves the right to amend these or withdraw discounted Rates, including, but not limited to, periods of peak demand such as bank holidays.

    • 8.11.3

      Any such discounts are offered at the discretion of Streetcar and Streetcar reserves the right to withdraw these at any time where only Reservation Periods already confirmed will be eligible for such discounted Rates.

  • 9 Refueling and Minor Expenses.

    • 9.1

      Refueling

    • 9.1.1

      Streetcar is responsible for the cost of refilling the Vehicle with fuel. However, when returning the Vehicle, Members must ensure that the fuel tank is at least ¼ full.

    • 9.1.2

      Members should use the fuel card located within the on-board computer for refueling.

    • 9.1.3

      Members who return the Vehicle with a fuel tank less than ¼ full will be liable to a £25 penalty as set out in section 13.

    • 9.1.4

      Members who lose the Vehicle’s fuel card will be liable to a £50 penalty as set out in section 13.

    • 9.1.5

      Streetcar has petrol and diesel fuelled Vehicles, and it remains the sole responsibility of the Member to add only the correct fuel, irrespective of any information, or lack thereof, provided by Streetcar.

    • 9.1.5.1

      In the event of fuel contamination the Member will be liable for all costs relating to recovery, decontamination, repair or replacement of any parts, as a result of that failure to add the correct fuel.

    • 9.1.5.2

      For the avoidance of doubt, fuel decontamination is not a situation covered under the free breakdown recovery service provided to Members, and is not a situation covered by any insurance policy provided by Streetcar to Members.

    • 9.2

      Minor Expenses

    • 9.2.1

      A ‘minor expense’ is defined as an expense incurred by a Member for minor (under £10) routine maintenance on Vehicles. Such items may include washer fluid, oil (please refer to the car’s manual in the Vehicle for correct oil information) etc.

    • 9.2.2

      Members must keep receipts for minor expenses and forward them to Streetcar in order to be reimbursed. Such minor expenses will then be credited to the Member’s account.

    • 9.2.3

      No refund will be given without production of a receipt.

    • 9.3

      Vehicle Cleaning

    • 9.3.1

      Streetcar expect all Members to return the Vehicle in a clean state.

    • 9.3.2

      Streetcar will apply a credit to the Members account of up to £7.50 for Vehicle cleaning expenses when the Vehicle requires cleaning, whether inside, outside or both, where costs have been borne by the Member.

    • 9.3.3

      Members should use the fuel card located within the on-board computer for Vehicle cleaning expenses.

  • 10 Payments

    • 10.1

      Members are charged for the use of Vehicles, costs and any penalties incurred. These charges are payable by debit card, credit card or, in exceptional circumstances, any other method as agreed between Streetcar and the Member.

    • 10.2

      Any debit card or credit card provided by the Member to Streetcar for payment purposes which is declined by the card issuer may, at the discretion of Streetcar, result in the suspension or cancellation of Membership.

    • 10.3

      If a debit card or credit card is declined by the card issuer, leaving the Member with an outstanding balance, then the Member’s access to Vehicles will be suspended until full payment is received by Streetcar.

    • 10.4

      Members pay their annual Membership fees by direct debit.

    • 10.5

      For Members whose payment fails, either from their debit/credit card or by a failed direct debit, Streetcar charge a £10 non-payment fee for each failed attempt up to a maximum of 5 charges per month. Streetcar reserves the right to withhold use of its Vehicles from any Members with any amounts outstanding, where any Reservation Periods they have booked will still be charged to them.

    • 10.6

      The Member’s signature to this Agreement, or online acceptance of the Streetcar Terms and Conditions, shall constitute authority for Streetcar to compute and debit all monies due against the Member’s nominated credit or debit card or bank account at any time. This includes charges due as a result of theft of, or damage to, the Vehicle and any fines and court costs for parking and traffic offences as described in sections 13 and 14, or any other costs arising due to the Member’s use of the Vehicle.

    • 10.7

      Streetcar reserves the right to ask at any time for full pre-payment for any usage charges relating to a Reservation Period at its complete discretion. Notice of this pre-payment will be given in advance of any amount being deducted.

    • 10.7.1

      Instances where this might apply include, but are not restricted to, bookings covering peak periods where cancellations would be to the detriment of other Members, bookings of greater than 3 days where a credit history has not been established and any bookings starting during a period in which a Member’s Annual fee has not yet been received.

    • 10.7.2

      Where a credit history has not been established Streetcar reserves the right to request a copy of passport and two proofs of address (not more than 2 months old) before confirming bookings greater than 3 days in length.

    • 10.8

      Streetcar Members and partner Members are jointly and severably liable for any amounts due under these Terms.

  • 11 Payment Charges

    • 11.1

      Each Member will be charged for any sums due on a daily basis, on the day after the charge is incurred, where all charges are incurred at the point of being placed on the Member’s account unless specified otherwise. The Member will be liable to Streetcar for the following charges on a daily basis:

    • 11.1.1

      The usage charges shown on the Member’s transaction in accordance with section 8 of these Terms and Conditions, where these charges will be incurred at either the later of the end of the Reservation Period or the end of the Vehicle use.

    • 11.1.2

      Any charge for loss or damage resulting from a failure to comply with these Streetcar Terms and Conditions.

    • 11.1.3

      On demand, all fines and court costs for parking, traffic or other offences (including any costs which arise if the Vehicle is clamped or towed) charged to Streetcar and incurred by the Member during his/her Vehicle use or as a direct result of such use.

    • 11.1.4

      Any fines and penalties that are processed by Streetcar will render the Member liable for Streetcar’s reasonable administration charges as set out in section 13.

    • 11.1.5

      On demand, reimbursement of any out-of-pocket expenses incurred by another Member in using alternative transport as a result of the offending Member’s failure to return a Vehicle at the end of the Reservation Period to the Reserved Parking Space, together with Streetcar’s reasonable administration costs (as set out in section 13).

    • 11.1.6

      On demand, any other fines and penalties incurred by the Member as a result of failure to adhere to this Agreement.

    • 11.1.7

      On demand, Streetcar’s costs, including, but not limited to, reasonable legal fees and any debt recovery or court fees incurred in collecting payments overdue from a Member.

    • 11.1.8

      Value added tax and all other taxes and levies on any of the charges listed above, as applicable from time to time.

  • 12 The Streetcard

    • 12.1

      On becoming a Member of Streetcar, a Member will be offered the opportunity to purchase a Streetcard at a cost of £10.

    • 12.2

      Members should carry their Streetcards when using Vehicles where they have purchased them. Service stations and other businesses with whom Streetcar have partnerships may require Members to present their Streetcard to be eligible to receive their services.

    • 12.3

      Members who misplace their Streetcard can purchase a replacement Streetcard from Streetcar at a cost of £10.

    • 12.4

      If a Member chooses not to purchase a Streetcard on joining, Streetcar may offer the option to remotely unlock or lock a Vehicle for a Member. A charge of £2.50 will be made for each lock and unlock action performed by Streetcar.

  • 13 Penalties

    • Members agree to pay Streetcar the penalties set out below for the specified violation of one or more of the following Rules:

    • 13.1

      Returning a Vehicle after the end of a Reservation Period (in addition to the hourly fees for use of the Vehicles):

    • 13.1.1

      Returning a Vehicle less than 3 minutes after the end of the Reservation Period will not result in a Member incurring any penalty.

    • 13.1.2

      If a Member pre-advises Streetcar at least 15 minutes prior to the end of the Reservation Period that they will be late, and there is no other Member’s Reservation Period due to commence immediately after, they can extend their Reservation Period without penalty. However Members will be liable for any usage charges attributable to the extended Reservation Period.

    • 13.1.3

      If a Member pre-advises Streetcar at least 15 minutes prior to the end of the Reservation Period, and there is another Member waiting for the Vehicle, then the late Member will be charged a penalty of £25 per hour that they are late, (Streetcar will always endeavour to find the inconvenienced Member another Vehicle to use). £20 of each £25 penalty will go to the inconvenienced Member and £5 to Streetcar.

    • 13.1.4

      If a Member does not pre-advise Streetcar that they are running late at least 15 minutes before the end of their Reservation Period, irrespective of whether there is another Member waiting or not, they will be charged a penalty of £50 per hour that they are late. If there is a Member waiting, the inconvenienced Member will receive £40 of each £50 penalty and £10 will go to Streetcar.

    • 13.2

      Charges for cancelled or shortened reservations:

    • 13.2.1

      Members can cancel or shorten a reservation up to four hours prior to the start of the Reservation Period, subject to clause 6.4.3.1.

    • 13.2.2

      If a Member cancels or shortens a reservation after this time and the Reservation Period is greater than 8 hours, the Member will be liable to pay the cost of a 24 hour Reservation Period.

    • 13.3

      Members who smoke in the Vehicle will be fined £25.

    • 13.4

      Members who carry pets in the Vehicle will be fined £25.

    • 13.5

      Members who return a Vehicle at the end of their Reservation Period with less than ¼ tank full of petrol will be fined £25.

    • 13.6

      Members who leave the Vehicle in an unfit state for the next Member (i.e. leaving litter in the Vehicle) will be fined £25.

    • 13.7

      Members must inform Streetcar immediately if they fail to leave the keys and/or key fob in the Vehicle. The Member will be liable to pay the full Hourly Rate, or part thereof, until the keys and/or key fob are returned, as well as any other applicable penalty charges outlined above. The same penalty structure will apply as outlined in 13.1 where a Vehicle is returned late.

    • 13.8

      Members must not leave the keys or key fob in the Vehicle at any time except when they are placed in their designated place in the glove-box at the end of the Member’s Reservation Period, where the Vehicle is immediately locked using the Streetcard or by the Member confirming the Vehicle has locked having requested a remote lock signal from Streetcar between the hours of 7am and 10pm.

    • 13.9

      Members who lose the keys and/or key fob to the Vehicle will be charged the cost of replacing the keys and/or key fob and any consequential costs of inconvenience to other Members at £25 for each inconvenienced Member.

    • 13.10

      Members who lose the Vehicle’s fuel card will be liable to a £50 charge to replace the missing fuel card.

    • 13.11

      Members must ensure that the Vehicle is parked in its Reserved Parking Space at the end of the Reservation Period. If Members park the Vehicle in any other area, they must notify Streetcar immediately and leave the car as directed by Streetcar. If this does not occur the offending Member will be fined £50 and will also be liable for any other associated traffic offence fines. If the Vehicle is towed or clamped as a result of it being parked incorrectly then the offending Member will be charged the cost of the recovery of the Vehicle as well as any lost revenue incurred by Streetcar.

    • 13.12

      Members who return a Vehicle late due to a breakdown of the Vehicle will not be liable for a penalty.

    • 13.13

      Members who leave the lights (either inside or outside) or the indicators of the Vehicle on at the end of the Reservation Period which then leads to a flat battery will be liable for a penalty of £100.

    • 13.14

      Members must ensure that any parking permits, or car park season tickets, are left inside the Vehicle at the end of the reservation period. If a location is rendered unusable as a result of a pass, permit etc being taken the responsible Member will be liable for a fine of £100.

    • 13.15

      Members must ensure that any keys, passes or remotes found at the Reserved Parking Space are left securely in place. If a location is rendered unusable as a result of the loss or damage to any such keys, passes or remotes the responsible Member will be liable for a fine of £100.

    • 13.16

      Members must ensure that the Vehicle is locked at the end of their reservation. If the Vehicle is not locked and Streetcar informs the Member of this they must either return to the Vehicle to lock it or incur a £100 fine.

    • 13.17

      Any Members who suffer a damaged tyre on a Streetcar Vehicle during their use will be liable for all costs of replacing the tyre, at a minimum of £75, and where at fault may be charged for any consequential costs of inconvenience to other Members at £50 per Member inconvenienced, as per clause 8.3.

    • 13.18

      Any violation of these Terms and Conditions leading to time being spent by a Member of the Streetcar staff rectifying the situation, the responsible Member will be liable for any associated costs including, but not restricted to, the cost of Streetcar staff's time chargeable at £25 per hour, relevant travel costs and the opportunity cost of the Vehicle being unavailable for use by other Members.

  • 14 Traffic Offences

    • 14.1

      Members are liable for any costs incurred as a result of any all traffic offence penalties which relate to a Member’s Reservation Period including, but not restricted to, parking tickets, speeding fines, clamping fines, bus lane fines and compound charges, whether they are incurred during a Member’s Reservation Period or after it as a direct result of the Member’s failure to adhere to parking regulations.

    • 14.2

      Wherever possible it is the Member’s responsibility to pay the relevant authorities directly. Members must report any such offences to Streetcar within 2 days. If a parking ticket is issued during a Member’s booking the Member must take responsibility for the payment of this fine. If this does not occur an administration charge of £19.50 will be applied.

    • 14.3

      Where a fine, incurred during the Member’s Reservation Period or after it as a result of failure to adhere to parking regulations, is sent directly to Streetcar, Streetcar will either inform the Member, pay the penalty on behalf of the Member and then add the penalty charge to the Member’s account or Streetcar may transfer liability for the penalty charge notice to that member who will then be wholly responsible for all correspondence with the appropriate authority and any penalties due.

    • 14.4

      Streetcar will always inform a member which one of these two courses of action it has taken, and will endeavour to provide notice to members before it pays Penalties attributable to them, subject to 14.7. Once paid it is not possible for the Member to challenge the penalty.

    • 14.5

      Any traffic offences, or other Member charges, that need to be processed by Streetcar will incur an administration charge of £9.50, subject to a greater administration fee under 14.2. This includes instances where liability was transferred under 14.3.

    • 14.6

      In the case of speeding notices Streetcar is obliged by law to pass on the offending Member’s details to the Police who will then contact the Member directly.

    • 14.7

      The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to Streetcar and will be at our absolute discretion.

  • 15 Insurance Cover

    • 15.1

      Provided Members fulfill their obligations set out in these Terms and Conditions, they will be covered by fully comprehensive motor insurance when driving a Vehicle.

    • 15.2

      The insurance policy provides full cover against loss or damage to the Vehicle. No cover, however, is provided for the theft of personal belongings from the Vehicle, nor is any personal accident cover provided. Please note that the insurance policy does not cover damage to a Vehicle’s tyres and/or windscreens or windows, or fuel contamination. Members will be fully liable for the cost of any such repairs. By becoming a Member, Streetcar is authorising Members to drive under Streetcar’s motor insurance policy. Other personal motor insurance policies will not be valid when Members are using a Streetcar Vehicle.

    • 15.3

      Members have up to £20,000,000 cover in respect of any damage to the property or injury caused to a third party.

    • 15.4

      Members have up to £5,000,000 cover in respect to damage to a Streetcar Vehicle.

    • 15.5

      Streetcar Members – Insurance Excess Levels.

    • 15.5.1

      Streetcar Members between the ages of 25 and 75 will be liable to pay the first £500 basic excess applicable to accidental damage and fire claims. This excess can be reduced to £250 if a Member pays the optional reduced excess fee of £3.95 per month as set out in section 8. Similarly, Members can reduce this excess to £0 by paying £9.95 per month. This reduction is not applicable to damage caused to a Vehicle’s tyres and/or windscreens or windows. Streetcar will make good any damage to Vehicles at the lowest possible cost, and this cost will be passed on without addition to the Member responsible.

    • 15.5.2

      Streetcar Members who are aged between 19 and 24 inclusive, or between 75 and 80 inclusive, will be subject to a supplementary excess of £250 (i.e. £750).

    • 15.5.3

      Streetcar Members between the ages of 19 and 24 inclusive, or between 75 and 80, inclusive may reduce their excess to £250 by paying an optional insurance excess waiver of £5.95 per month as set out in clause 8.3. Similarly, Members can reduce this excess to £0 by paying £14.95 per month. This reduction is not applicable to damage caused to a Vehicle’s tyres and/or windscreens or windows.

    • 15.5.4

      Streetcar Members between the ages of 25 and 75 with 3 or more points on their driving license and/or 1 or more accident in the past 3 years will be subject to a minimum supplementary excess of £250 (i.e. £750 in total for accidental damage.) Such circumstances are dealt with on a case-by-case basis and Members will be informed of the supplementary excess amount (and the relevant optional insurance excess waiver) when they register.

    • 15.5.5

      Members who previously took an annual option to reduce their excess to £0 will not be refunded on termination of Membership or termination of such option, having made an annual commitment, unless such termination of the option is to add a Partner Member insurance excess reduction option.

    • 15.6

      Streetvan Members – Insurance Excess Levels

    • 15.6.1

      All Streetvan Members will have a £750 higher excess.

    • 15.6.2

      No monthly insurance excess reduction options are available for Streetvan Members but Per Day Insurance will reduce excess levels to £0 for £14.50 per 24 hour period, as per clause 8.3.5.

    • 15.7

      Members must inform Streetcar immediately should any of their driving history details change during the course of their Membership including, but not restricted to, any further endorsements or accidents. Failure to notify Streetcar of any such changes will lead to the Member not being covered by Streetcar’s insurance policy when driving a Streetcar Vehicle.

    • 15.8

      The exclusions and limitations for monthly insurance cover set out above apply equally to per day insurance options.

    • 15.9

      All Members who fulfil their obligations set out in these Terms and Conditions will be covered by fully comprehensive motor insurance when driving a Vehicle, even if the booking has been made under another Member’s account. In the event of an accident the excess level of the Member who made the booking shall always apply as the Vehicle is their responsibility during the Reservation Period.

  • 16 What to do in the Case of Accident or Theft

    • If the Member has an accident, he/she should not admit responsibility without informing Streetcar and should:

    • 16.1

      Note down the names and addresses of everyone involved, including any witnesses;

    • 16.2

      Make the Vehicle secure and inform the police immediately if anyone is injured or there is a disagreement as to the facts; and

    • 16.3

      Call Streetcar on: 0845 644 8475 so that the tracking system can be activated as soon as possible if appropriate.

    • 16.4

      Streetcar will send the Member an incident report form which should be filled in immediately and returned to Streetcar Head Office: Melbury House, 51 Wimbledon Hill Road, Wimbledon, SW19 7QW.

    • 16.5

      Members must provide accurate statements and co-operate with Streetcar’s Insurance provider in any way as required by them.

    • 16.6

      In the case of an accident with a third party the Member is responsible for the Vehicle, as per clause 3.1.5, and as such Streetcar does not make any representation to reimburse any onward journey costs nor does any such accident relieve the Member from paying for the duration of their Reservation Period.

  • 17 Breakdown

    • 17.1

      Any breakdown involving a Vehicle must be reported to Streetcar by phone at the earliest opportunity.

    • 17.2

      During the Reservation Period, if a problem arises that prevents or limits the use of the Vehicle or that may compromise peoples’ safety, you must immediately notify Streetcar and park the Vehicle in accordance with Streetcar’s instructions. Members are fully covered by Streetcar’s Breakdown Service through Volkswagen. Members should refer to the Volkswagen instructions within the glove compartment of the Vehicle with regards to contacting Volkswagen. The Volkswagen contact details can also be found on the reverse of the tax disc holder in the Vehicle.

    • 17.3

      It is strictly forbidden to use a Vehicle to jump start or use Battery Boosters on any Streetcar Vehicle car, or to attempt to jump start any other Vehicle using a Streetcar Vehicle.

  • 18 Taking a Streetcar Abroad

    • 18.1

      Members must notify Streetcar 7 days prior to departure if they intend to travel overseas during their booking. Details of the trip must be provided including dates and destination.

    • 18.2

      Streetcar will organize overseas insurance cover for the length of the booking and a proof of hire document .

  • 19 Vehicle Location Devices

    • 19.1

      All Streetcar Vehicles can be tracked at any time using Vehicle location services. These location services are only used by Streetcar in the event of theft or failure to return a Streetcar at the end of a Reservation Period.

    • 19.2

      Streetcar will use Vehicle location information solely for the purpose of recovering a Vehicle or Vehicles which are not returned at the end of a Reservation Period, or otherwise stolen, and will share this information with the Police or other authorities or companies as necessary for the purposes of recovering the Vehicle or Vehicles.

    • 19.3

      Any Streetcar Member who is not willing to drive a Vehicle which can be tracked or located in this way for these purposes should notify Streetcar immediately.

  • 20 Data Protection

    • 20.1

      For the purposes of the Data Protection Act 1998, the data controller in relation to the information a Member supplies is Streetcar Limited, Company No: 04525217, Melbury House, 51 Wimbledon Hill Road, Wimbledon, SW19 7QW. Members hereby consent to Streetcar processing, as defined under the Act, any personal information that a Member provides. Streetcar will maintain all the personal information a Member gives as part of its records to assist Streetcar to maintain and improve the administration and management of the Streetcar service. Streetcar will only ever provide Member’s information to an independent 3rd party for the specific purpose of improving its service, or in relation to the recovery of sums outstanding.

    • 20.2

      A Member is entitled to see their personal information held by Streetcar at any time and to make any necessary amendments to keep the information up to date. Streetcar may, from time to time, notify the Member of particular services and offers of Streetcar and its business partners unless a Member objects in writing. By acceptance of this Agreement, a Member gives his/her consent to allow Streetcar to conduct ID verification at any time. All information is collected in accordance with the Data Protection Act 1998.

    • 20.3

      If the Member breaches this Agreement, the Member’s personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.

  • 21 Member communication

    • 21.1

      Streetcar will communicate with Members by phone, e-mail and text message. Where the communication is for the purposes of Marketing or Sales, communication will be restricted to e-mail and text message and where possible, an opt-out mechanism will be provided.

    • 21.2

      Streetcar will use e-mail to convey important operational information and changes to these Terms and Conditions, and it is the Member’s responsibility to keep their contact details up-to-date.

  • 22 Termination of Membership

    • 22.1

      Streetcar will terminate Membership immediately if a Member does not meet any of the conditions set out in the Streetcar Terms and Conditions. Streetcar can also decide to terminate Membership for any reason whatsoever and reserves the right to retain any Membership fees paid at its absolute discretion.

    • 22.2

      If Streetcar terminates the Membership, it will not affect Streetcar’s right to receive any monies owed to them under the conditions of the Agreement. Any monies owed to Streetcar at the time of termination of Membership will become immediately due and payable and Members hereby grant Streetcar the right to set off any amounts owing against the returnable deposit paid on becoming a Member.

    • 22.3

      Upon breach of this Agreement, Streetcar may give a Member’s personal details to credit reference agencies, Customs & Excise, the Police, debt collectors, or any other relevant organisation.

    • 22.4

      Members can terminate their Streetcar Membership immediately at any time. Any refunds due will be processed within 30 days of receiving written confirmation of the Member’s intention to cancel Membership and the return of the Member’s Streetcard subject to a specific right to set off any amounts owed to Streetcar and due payable and subject to clauses 8.1.3 and 8.1.4 above. For the avoidance of doubt, termination of Membership will not affect Streetcar’s right to receive any monies owed to them under the Conditions of this Agreement.

    • 22.5

      No refunds will be offered for the return of the Streetcard.

  • 23 Amendments

    • 23.1

      Streetcar reserves the right to amend these Terms and Conditions from time to time as it sees fit or necessary.

    • 23.2

      When any changes to the Terms and Conditions are made Members will be notified of the proposed changes in writing using the contact details most recently provided by the Member. A Member may indicate acceptance of the new Terms and Conditions by continuing their Membership of Streetcar beyond 28 days after the date of being notified of the change or by written confirmation (either by post or by email).

    • 23.3

      If a Member wishes to decline the proposed changes to the Terms and Conditions, they may do so at any time within 28 days of being notified of the change by terminating their Streetcar Membership. In these circumstances, within 14 days Streetcar will provide a pro-rata refund of the unused portion of the Member’s Annual Membership fee.

  • 24 Force Majeure

    • Streetcar shall not be liable for either a failure to perform or delay in performing any of its obligations if, and in so far as, performance is delayed, hindered or prevented by force majeure, which expression shall mean any event beyond the reasonable control of Streetcar.

  • 25 Severance

    • If any provision of this Agreement is, or becomes invalid, or unenforceable, the remaining provisions shall be interpreted in such a way so as to remain in effect.

  • 26 Third Party Rights

    • A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

  • 27 Governing Law

    • This Agreement and all matters arising from or connected with it are governed by and shall be construed in accordance with English Law.

  • 28 Jurisdiction

    • The courts of England have exclusive jurisdiction to settle any dispute arising from or connected with this Agreement, including, but not limited to, a dispute regarding the existence, validity or termination of this Agreement or the consequences of its nullity. Members irrevocably submit to the jurisdiction of such court and agree that the courts of England are the most appropriate and convenient courts to settle any dispute and, accordingly, they will not argue to the contrary.

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