User Agreement - Terms of Service

Last updated: 27 Oct 2022

Our Services

We provide services that enable drivers to use Fetch cars for an agreed period of time. Our services include:

providing an online platform that enables interested drivers to rent a car;
ensuring that insurance coverage is in place for any driver, subject to them complying with these terms;
monitoring bookings made through the platform; and
fee collecting on behalf of Fetch.

Only verified drivers registered with us can use the Services.

Limits to Our Liability

We promise to do our best to provide a reliable and efficient platform to connect with interested customers. We carefully manage the business, invest in security, verification, infrastructure, and talent, and in general, we really care about our members and our Services. But we cannot control or accept responsibility for the behaviour of our members, or all the various things that can go wrong when a car is hired.

Therefore we will not be liable to you (whether in contract, tort or otherwise) for:

any booking that has not been accepted;
any loss, damage, expenses or liability suffered by anyone other than you in connection with your use of the Services;
any non-verified driver using the Services;
any theft or loss of property in connection with the Services or any booking accepted by Fetch;
any loss of profits, revenue, business or employment (whether reasonably foreseeable or not) as a result of our negligence or breach of these User Agreement; or
any other loss, damage, expenses or liability that you suffer in connection with the Services, save to the extent that we fail to perform our obligations to you to the standard of a diligent and professional provider.

Nothing in these terms will limit or exclude our liability for personal injury or death caused directly by our negligence.

Terms of Use

Eligibility

You must be at least 25 years of age and above who has held their full UK / EU licence for a minimum of 2 years
If your licence is suspended, becomes obsolete/expired, cancelled, invalidated or withdrawn or if it is lost or when you have been subject to a driving ban, the right to drive our Vehicles is suspended for the duration of the withdrawal, loss or ban. You must notify us without undue delay of the suspension or limitation of your right to drive, any driving bans becoming effective or any temporary securing or seizure of your licence.
it is a requirement that all accidents and/or convictions relating to you that have occurred at any time in the past 5 years (or 10 years on Drunk Driving Convictions) prior to the date of your booking are disclosed to us.

Unacceptable Hirers

Persons who have been disqualified from driving during the last 36 months and/or who have more than 6 points on their driving licence and/or any of the following offence codes:

i) Theft or unauthorised taking UT

ii) Drink or Drugs DR or DG

iii) Dangerous Driving DD

iv) Driving whilst disqualified BA

v) Driving whilst uninsured IN

vi) Accident Offences AC

vii) Careless Driving CD

viii) Licence Offences LC30-50

ix) Miscellaneous MS50-90

x) Mutual Recognition MR

xi) Special Code/Totting Up TT

2. Persons who have had their insurance declined and/or renewal refused and/or insurance or cover cancelled by any motor insurer;

3. Persons engaged in any of the following occupations:

i) Professional sportsman or sportswoman
ii) The entertainment or theatrical profession
iii) Racing or gambling
iv) Foreign Armed forces or Foreign Embassy

Persons who have been involved in more than one fault incident within the last 3 years
Persons with a current criminal conviction which is not spent under the Rehabilitation of Offenders Act 1974

5. Carriage of passengers or goods for hire and reward including ride-hailing &/or food delivery within the GIG economy &/or any carriage of goods or persons for any form of profit or remuneration

6. Driving by any person other than the hirer who has completed a rental agreement or lease agreement for the period of cover concerned, unless off-hire has been agreed and is included in your schedule.

7. Driving by any person who is not a British or EU citizen

Driver Accounts

We will verify drivers using our automated and manual verification partners and checks. We run these checks to make sure we have quality drivers and also for our insurance providers to be able to provide cover. Our verification includes address, credit, licence and personal insurance claim checks. If you fail our verification then we will endeavour to be transparent and explain why. Though we know we may not verify some legitimate potential drivers, safety comes first and the decision will not be reversed.
You agree to keep us informed promptly of all changes in your personal information, including address, phone number, driving convictions and claims.
You shall not permit a non-verified driver to make a booking, pick up a car or drive a car from the Service. If we discover that a non-verified driver has tried to book, pick up or drive a car, we will terminate the booking with immediate effect, terminating any active insurance policies, with no refunds.

Booking

All bookings must be made using the Services booking tools on our mobile apps.
Drivers can cancel a booking at any time with payment / refunds subject to the Cancellation Policy.
When a booking is requested we will pre-authorise the full amount to make sure that your account has the sufficient funds to cover the cost of the booking for when it gets accepted.
Drivers can only request one booking at a time.
The booking period may be extended before a booking by contacting customer services or during the booking period via the mobile app. Extensions need to be confirmed by Fetch and the car needs to be available, so please give plenty of notice in case the car needs to be returned at the original time.
It is our sole discretion if we accept or decline any extensions, we are not under any obligation to guarantee that the extension can or will be accepted.
We reserve the right to charge you for additional hours and additional insurance if you are late in returning the car to the designated drop off location.
If we become aware a Driver has breached our Driver Criteria or our User Agreement prior to the booking period then we will cancel the booking and instruct the safety driver not to give control of the car to the Driver.
If a Driver breaches our Driver Criteria or User Agreement during the booking period then the booking will be terminated with immediate effect along with the insurance policy. The Driver will not be permitted to drive the car and may be liable for the cost of recovery and will not be eligible for a refund.
If we are made aware of any circumstance that deems the car not roadworthy prior to the start of, or during, the booking period then the booking will be cancelled, the Driver refunded.
Bookings can only be cancelled using the Fetch app or by contacting us directly.

Driving and returning cars

Only the named verified account holder can pick up and drive a car from our Service. If a non-verified Driver is detected we will cancel the booking and the insurance policy will be terminated. No refunds will be issued in these circumstances. The named account holder will be liable for any costs associated with recovering the car, damage, any third party damages to vehicles or property, any injuries sustained by other parties and any other fines or costs associated with the booking.
Drivers are responsible for picking up and returning cars on time. There is no grace period with your insurance policy so if you are going to be late then you must extend as soon as you can.
Drivers are responsible for inspecting the car and for completing the pick-up process at the start of the booking and the drop off process at the end of the booking in the mobile app. Make sure you clearly document any existing damage during the pick-up process since you can be held liable for damage noted at drop-off that was not noted at pick-up.
Cars need to be driven with care and returned in the condition that they were received. This includes the cleanliness, and the general car condition. As we do not take deposits, we reserve the right to charge for, cleaning, additional mileage, late fees, insurance excess and Penalty Charge Notices (including the Congestion Charge if cars are set up on autopay) anytime after a booking has ended. We will always notify you of any charge we make and the reason why and will send any accompanying documents if needed.
Drivers must use the car in accordance with the Insurance Policy Schedule and Certificate which the Driver will have access to once the booking has been confirmed.
Drivers should remove their personal property before the drop off process is completed. Fetch accepts no liability for any personal property left in a car.
All our cars are non-smoking.
Pets are not permitted in the cars unless explicit consent is requested through contacting Fetch customer services.
It is the Driver’s responsibility to delete any personal information entered into the car’s Sat Nav or infotainment system.
Cars must be parked legally and safely at all times, including when you drop off the vehicle. Any Penalty Charge Notices which occur as a result of a Driver’s actions will be charged to the Driver and if payment cannot be taken, liability will be transferred. Drivers will also be liable for any impound costs if incurred.
You are responsible for any traffic violations incurred during your reservation or as a result of your use of a Fetch vehicle. These include, but are not limited to parking, speeding, red light, photo enforcement, and toll violations. You are liable for all penalties/fees from any such violation, including fines for late payment and any processing penalties/fees added by the issuing municipality. You are liable for payment of all tolls and any fines for toll evasion. Wherever possible it is the Member’s responsibility to pay the relevant authorities directly. Fetch may impose a fee in connection with processing any such violations. See our Additional Charges Schedule. You must report such violations to a Fetch representative as soon as possible within the prescribed deadline for the violation (for example, if the case is being taken to court).
You must notify Fetch of any traffic violation notices found on a vehicle at the time of pickup of the vehicle. All unreported traffic violations will be the responsibility of a Member if they occur during the time period during which such Member is using or is responsible for the Fetch vehicle.

Prohibited Uses

The use of a Fetch vehicle under the following conditions is prohibited: use of a Fetch vehicle off-road, or for racing, pace making, testing the vehicle’s reliability or speed, teaching someone to drive or in connection with motor rallies, competitions or trials; towing of any trailer or other vehicle; carriage of passengers for hire or reward; by any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended; in the carrying out of any crime or for any other illegal activity or purpose; in an imprudent, negligent, or abusive manner or any other abnormal use of the vehicle; by any person who has provided Fetch with false information or whose representations are determined to be false (including, without limitation, regarding his/her name, age, or address); carrying a number of passengers that exceeds the designed seating capacity of the vehicle or baggage or other items that would cause the vehicle to be overloaded; carrying or transporting any hazardous, toxic, flammable, dangerous or illegal materials; driving while using a mobile communication device that may distract you from driving, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law; in connection with the motor trade; carrying or transporting third party goods for payment (for example, providing courier or delivery services); and transporting professional sports persons or professional entertainers.
The foregoing examples are not intended to be exhaustive. Any unreasonable or inappropriate use of a Fetch vehicle, as determined by Fetch in its sole discretion, may be deemed a violation of these Rules. Without limiting the foregoing, Members must always use Fetch vehicles in accordance with all highway and other applicable laws and regulations. Fetch may report to the authorities any use of a Fetch vehicle or other activities that are in violation of applicable laws and/or regulations.
Fetch may immediately suspend or terminate the use of its service by any Member for a violation of any of these Rules. Upon suspension or termination, any existing reservations for the Member may be cancelled by Fetch at its sole discretion. In addition, Members will be responsible for any and all costs, charges, fees and expenses incurred by Fetch as a result of a breach of any of these Rules.

Modifications to the Service and Prices

We reserve the right at any time to temporarily or permanently modify or discontinue any part of our Services with or without notice.
Sometimes we change the pricing structure for our Services such as the commission structure we earn per booking. When we do that, we may choose to exempt existing members from those changes, or to change the prices for existing members. If we do decide to change the price for existing members, we will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.
We can change the pricing for any reason including demand or time of year, but we will always be fair and you will not see any unreasonable price hikes.

Disclaimer, Limitation of Liability and Indemnity

Fetch provides the service on as “as is” basis, without any guarantees, warranties or representations. We do not guarantee the quality, suitability or safety of cars, the reliability or trustworthiness of drivers or the availability or suitability of our Services. You agree that the entire risk arising out of your use of the services remains solely with you, to the maximum extent permitted under applicable law. We shall not be liable for delay or failure in performance resulting from causes beyond our reasonable control

You agree that Fetch shall not be liable in contact or in tort to you or any third party for any indirect, incidental or consequential damages, including, but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) any transaction between you and any other person; or (iii) unauthorised access to or alteration of your data.
You agree to indemnify and hold harmless Fetch, its officers and employees against all losses, liabilities, claims or demands arising out of: (a) any breach by you of these User Agreement; or (b) any claim by a third party that any content posted by you on the Service infringes any proprietary rights of that third party.

Closing / Deleting Account

You can close your account at any time by contacting us by emailing help@fetchcar.io. Before deletion we may ask for your feedback for learning purposes.
We have the right to suspend your account and refuse any current or future use of our Services, at any time at our discretion. We also reserve the right to refuse the use of the Services on sign up.
If you have not had a booking within the last 3 years then we will close your account, however personal information will be kept for at least 3 years from the end date of your last booking as it may be needed for insurance claims purposes and is a legal requirement.
We reserve the right to take appropriate action, including but not limited to terminating your account, if you: direct any abuse (verbal or physical) at another member, the team or a commercial partner; make a fraudulent claim for damage, fuel or mileage, or otherwise breach these terms.
If your account is closed or suspended then any present or future bookings will be cancelled and refunded in accordance with our Cancellation Policy.

Insurance Matters

Only verified account holders who are named on the booking are insured to drive the cars on our Service. If someone other than the named Driver is suspected of driving the car then the insurance will be immediately terminated. The named Driver will then become personally liable for, but not limited to, costs associated with any damage or non return of car, any third party damage to cars or property and any injuries. Both the named and non named Driver could also receive a criminal conviction of driving without insurance (IN14).

We reserve the right to refuse insurance to any person who has ever been refused insurance, had a policy cancelled, had a policy voided or been quoted an increased premium or had special terms imposed.

Other Matters – Security, Privacy and Content

Security, Bugs and Privacy

We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted. Please refer to our Security page for more details and information on how to report a security incident or threat.
We test all of our features extensively before making them live. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.
When you use our Services, you agree that Fetch may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
– To help you with support requests you make. We’ll ask for express consent before accessing your account.
– On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause as much as possible to avoid the errors from reoccurring.
– To safeguard Fetch. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of a violation of terms investigation.
– To the extent required by applicable law. We may be asked for information relating to legal investigations, such as road traffic accidents, and will share only the information required subject to a signed Data Protection Act form.
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all sub processors who handle personal data for Fetch on our Privacy Policy.
We only process the data you share with us only for the purpose you signed up for and as described in these User Agreements, Privacy Policy, and other policies. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission.

Copyright and Content Ownership

All materials uploaded remain yours and we claim no intellectual property rights over the material you provide to the Services.
We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
All rights in the names, look, and feel of the Services belong to Fetch and are protected by copyright. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Fetch logo or any Service logos for promotional purposes. Please email us for permission if you want to use our logos. We reserve the right to rescind this permission if you violate this User Agreement.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.
You must not modify another website so as to falsely imply that it is associated with the Services or the Company.

General Account Terms

You are responsible for maintaining the security of your own account and password. The Company will not be liable for any loss or damage from your failure to comply with this security obligation.
You may not use the Service for any purpose outlined in our Restrictions Policy.
Only the named person on the account can use the Service, including but not limited to, registering as a driver, registering as a car owner, making a booking and driving any car.
Named account holders are responsible for any charges or fines that occur during your booking period, as a result of your actions whilst the car is under your control or due to a booking cancellation as outlined in our Cancellation Policy.
This User Agreement and each booking shall be governed by the laws of England. The courts of England shall have exclusive jurisdiction in respect of any claim or dispute which may arise in connection with this User Agreement, or any Booking, or in connection with any use of the Service.
A person who is not a party to this User Agreement, or any Booking, or any other contractual relationship contemplated by them has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any provision of this User Agreement, or any Booking, or any other contractual relationship contemplated by them.
If any member has any concerns about any material whatsoever which appears on the Service, they may contact help@fetchcar.io
If any member believes that any communication made through or on the Service infringes any legal rights that they may have, is in breach of any of this User Agreement, knows of or suspects any unauthorised posting of or attempts to post any communications, that member may notify us with specific details by email at help@fetchcar.io.
You are responsible for your own personal tax affairs arising from your participation in any booking including income tax and VAT.
You agree to comply with all reasonable requests from Fetch, the police, or any statutory or regulatory authorities in identifying any unauthorised users of the Service.
There may be times where we do not exercise or enforce any right or provision of the Terms of Conditions; in doing so, we are not waiving that right or provision.
Facial recognition technology will be used during the pick up process to confirm the identity of the Driver and may be used periodically throughout the booking duration to confirm the named account holder is driving the car.
Drivers will require the latest version of our mobile app to access and unlock and lock the car throughout the booking. Though we are working hard on making this technology accessible for everyone, there are several Android devices that do not work as consistently as we would like. We will endeavour to notify you as far in advance as possible if we believe that your device is not compatible. If your booking is unable to go ahead for this reason, a full refund will be issued.
If the designated parking space is unavailable for whatever reason then you must contact Fetch for an alternative solution.
Fetch cars are all enabled with GPS tracking. This is for the safety of our Drivers. GPS tracking will only be analysed if required for cars involved in a claim, in a late return or if we have been informed of poor care when driving.

Additional Booking Terms

When the car is returned the Driver needs to complete the drop of process with pictures of the car’s condition. If no pictures are uploaded then the Driver accepts that they may be held liable for damage they did not commit.

Accident, Theft or Breakdown

If a Driver is involved in any accident they shall refrain from admitting any liability, making payment or offer of payment, or incur legal expenses without our written consent and you must not in any way act to the detriment or prejudice of our interests. Without delay:

Call the police
Exchange contact details with every individual involved in the accident
Notify Fetch by calling the customer support on 01908 714515 or email at help@fetchcar.io
Please make note of the following information:
Date, time, and place of accident;
The number plates of any other vehicles involved, their make and year, VIN number (Vehicle Identification Number), and the insurance certificate’s number (with name, address and phone number of the insurance agent);
The names, addresses, and driver’s licence numbers of the persons involved in the accident;
The name, address, and driver’s licence number of the owner of the car (if he or she is not the driver);
The name, addresses, and phone number of witnesses, passengers, and any other involved persons; and Circumstances of the accident.
Depending upon the severity of the accident, the Member may also be required to fill out and obtain an official police report form, and, if possible, provide a jointly agreed-upon statement.
Investigation and procedure. Members must provide to Fetch and any other claims adjustment service the findings of any report or any notice relating to a claim or a lawsuit against Fetch regarding any accident involving a Fetch vehicle. Members agree to cooperate fully with Fetch in the investigation and defence of any such claim or lawsuit. A Member’s account will be suspended until the investigation has been concluded.

If a car breaks down or is stolen during a booking, the Driver shall notify Fetch without delay and, if appropriate, call the police. Fetch have arranged 24-hour breakdown which includes Roadside Assistance and home start (at the home of the driver).