DRI_EV terms of use

DRI_EV is a web service built on the Sharetribe platform. The general terms of Sharetribe below apply also to the use of DRI_EV

Sharetribe is a social media service that allows its users to change favors and items and communicate with each other. The Sharetribe-service may only be used in accordance with these terms of use. The service provider reserves the right to change these terms of use if required. Valid terms of use can be found from Sharetribe’s website.

Rights of Content

The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.

Disclaimer

No guarantees of the functioning of the Sharetribe service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.

The Removal of a User

The service provider has the right to remove any users from Sharetribe and terminate their right of use of the service without any specific reason and without being liable for compensation.

Applicable Jurisdiction

The jurisdiction that is applicable in this service and these terms of use is that of Finland, unless something else is required by binding law.

Driver and Owner terms & conditions

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

IN PARTICULAR NOTE THE OBLIGATION FOR CAR OWNERS TO MAKE THEIR CAR AVAILABLE IN SUITABLE CONDITION AND CHARGED, AND FOR CAR DRIVERS TO RETURN THE CAR ON TIME AND NOTIFY THE OWNER IF THAT IS NOT POSSIBLE.

This website is owned and provided by 3F EV Limited, a company registered in England and Wales. DRIEV is a trading name for 3F EV Limited.

TERMS AND CONDITIONS

1.    By registering as a Member, Owner and/or Driver you are entering into a contract with DRIEV and agreeing to abide by these terms and conditions (the “Terms”).

2.    DRIEV makes available an online platform or marketplace for Drivers and Owners to meet online and arrange for bookings of Cars directly with each other

3.    DRIEV reserves the right to modify these Terms from time to time at its sole discretion. If we modify these Terms, we will either post the modification on the site or otherwise provide you with notice of the modification. The amended terms and conditions will enter into force midnight on the day being posted on the Site and will govern the contractual relationships between DRIEV and the Members and all Bookings entered into after that date. Any amendments that affect the terms and conditions applicable to Bookings shall only apply to Bookings entered into after the amended terms and conditions come into force.

4.    Any Member who does not accept any amended terms and conditions should cease to use the Site after the date on which the amended terms and conditions come into force, save to the extent necessary to complete any Booking entered into prior to that date.

How the Site and Services works

The Site and Services can be used to facilitate the listing and booking of cars for private hire ("Cars"). Such cars are included in listings on the site by Owners. You may view listings as an unregistered visitor to the Site and Services; however, if you wish to book a Car or create a listing, you must first register as a DRIEV Member.

As stated above, DRIEV makes available an online platform or marketplace for Drivers and Owners to meet online and arrange for bookings of Cars directly with each other. DRIEV is not an owner or operator of Cars and DRIEV does not own, sell, hire, manage and/or control Cars or other types of vehicles or offer transport or travel services. Unless explicitly specified otherwise in the DRIEV platform, DRIEV responsibilities are limited to: (i) facilitating the availability of the Site and Services: (ii) serving as the limited payment collection agent of each Owner for the purpose of accepting payments from Drivers on behalf of the Owner and (iii) providing insurance cover for cars when being hired out via the platform.

PLEASE NOTE THAT THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE OWNERS AND DRIVERS CONNECTING AND BOOKING CAR DIRECTLY WITH EACH OTHER. DRIEV CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY FOR USE OF ANY CAR. DRIEV IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND CARS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.

Key Terms

 a) The definitions and rules of interpretation in this clause 2 apply to these terms and conditions:

1.    “Acceptable Car Use” means the following activities are not carried out; Carriage of passengers for hire and reward; or Carriage of good for hire and reward or use in any rally or competition or motor trial or on any race track.

2.    "Booking" means a discrete hire agreement in relation to a Car that is made between a Driver and the relevant Owner in accordance with the terms and conditions of these terms and conditions. The Booking details shall specify the relevant Hire Period and the applicable Hire Fee;

3.    "Car Exclusion Circumstances" means, in relation to a Booking, circumstances giving the Driver reasonable justification to believe that: (a) the Car does not meet the conditions specified in the definition of "Car" set out in clause 2.1.2 above; (b) the Owner is unwilling to record, in the DRIEV Agreement, damage identified by the Driver; or (c) the Car's fuel tank is empty or contains negligible fuel;

4.    "Driver" means any Member who has successfully completed the Driver's Registration Form on the Site;

5.    "Commission" means, in relation to each Booking, a sum equivalent to 33%, unless agreed otherwise;

6.    "Driver Exclusion Circumstances" means, in relation to a Booking, circumstances giving the Owner reasonable justification to believe that the Driver: (a) is unfit to drive; (b) is an Excluded Person; (c) does not have his/her driving licence with him/her; (d) intends to use the Car other than in accordance with these terms and conditions;

7.    "Excluded Person" means, on a given date, any person who, on that date: (a) is aged under 23; (b) has not held a full UK Driver's licence for at least 24 months; (c) is not a UK resident; (d) is a professional sportsperson, a professional entertainer, a Musician, a student under 25, unemployed, a taxi Driver, a courier or on course betting; (e) has been disqualified from driving; (f) is under 30 and resides in an Excluded Postcode; (g) is not identified as the relevant Driver in the Booking (h) ever been been refused insurance, had a policy cancelled, had a policy voided or been quoted an increased premium or had special terms imposed (i) Any persons ever been convicted of or cautioned for any criminal offence of any kind or have any prosecution pending e.g. fraud, theft, acts of violence etc

8.    "Hire Fee" means, in relation to a Booking, the hire fee payable by the relevant Driver to the relevant Owner;

9.    "Hire Period" means, in relation to a Booking, the period of hire (and any extension thereto) agreed between the relevant Owner and the relevant Driver, including time spent inspecting the Car;

10.             "Insurance Fee" means, in relation to a Booking, the sum payable by the relevant Driver to the insurer for the Insurance Policy and paid by DRIEV to the insurer on the Driver's behalf;

11.             "Insurance Policy" means the motor insurance policy provided by Mulsanne Insurance and arranged by DRIEV acting as an agent for the driver, the terms and conditions of which are incorporated into these terms and conditions by reference.

12.             "Member" means any person registered on the Site and who has completed all of the mandatory fields in the Site registration;

13.             "Minimum Specification" means the following minimum specification for a car: (a) the car is an unmodified private car under 15 years old with an ABI Motor Group Rating of 30 or lower; (b) the car has, and will have until the end of each Booking, a valid MOT certificate and road tax; (c) the car is Roadworthy;

14.             “Roadworthy" has the meaning given to it in clause [4] below.

15.             “Services” the listing and booking services provided by DRIEV through the Site.

16.             "Owner" means any Member who has completed all of the mandatory fields in the Owner's Registration Form on the Site;

17.             "Site" means the website at www.DRIEV.co.uk as amended and updated from time to time and / or mobile applications;

b) Where we use the expression "including" this is to be construed as being immediately followed by the expression "without limitation".

REGISTRATION

ALL MEMBERS

1.    It is a condition of registration as a Member that details are provided of a bank account and a credit or debit card capable of making and accepting electronic payments. DRIEV reserves the right to suspend the account of any Owner / Driver if any transaction effected by DRIEV in relation to a Members' registered credit or debit card is declined.

2.    Each Owner and Driver agrees to pay each of the amounts specified in the Cancellation and Compensation Policy (the contents of which are incorporated into these terms and conditions by reference) in the event that the corresponding circumstances set out therein apply.

OWNER REGISTRATION

1.    Any Member may register as an Owner. Once registered, an Owner may, using the car registration tools made available on the Site, register one or more suitable cars as being a Car available for hire by Drivers. The Owner shall, for each Car that is registered, specify the daily Hire Fee payable in respect of Bookings for that Car.

2.    In relation to each car that is registered as a Car by an Owner, the Owner represents that the Car is owned by the Member who has completed registration as an Owner; and The use of the Car by Drivers will not breach any agreement with third parties; and during each Booking, will comply with the Minimum Specification.

3.    DRIEV may, during the registration process, conduct searches of third party vehicle and credit databases in order to corroborate information submitted by Owners. DRIEV reserves the right to reject any attempt to register a car in the event that DRIEV reasonably believes that such car does not comply with the conditions specified in the definition of "Car" set out in clause 2 above. The Owner undertakes immediately to de-register any car that ceases to comply with the conditions specified in the definition of "Car" set out in clause 2 above.

4.    The Owner undertakes to notify DRIEV, and any Driver who has made a Booking in respect of any car that has been de-registered, that the car is no longer available to fulfil Bookings. Any Booking made in respect of any car that has not been successfully registered, or has been de-registered, shall be deemed to have been cancelled by the Owner.

5.    If the Owner smokes in their car, it is their responsibility to include this information in the listing.

DRIVER REGISTRATION

1.    Any Member who is not an Excluded Person may register as a Driver. Only registered Drivers may make a Booking and only the Driver making the Booking may drive the relevant Car.

2.    Drivers must be verified using DRIEV verification partners and checks will include matching the driver at their listed address from the electoral roll and from active credit. This will leave a soft footprint and will not impact your credit score with other providers.

3.    The Driver warrants to DRIEV, and to each Owner to whom a Booking request is made, that they are not at the date of such request, and will not be at any time during the Hire Period, an Excluded Person.

4.    DRIEV reserves the right to reject any attempt by any person to register as a Driver, and/or to de-register any person who has previously been successfully registered as a Driver, in the event that DRIEV has reason to believe that such person is or may be an Excluded Person. Any Driver who becomes an Excluded Person undertakes immediately to de-register themselves as a Driver.

5.    Any person who has been de-registered as a Driver undertakes to notify DRIEV, and any Owner who has accepted a Booking from them, that they are no longer available to fulfil Bookings. Any Booking made in respect of any person who has not been successfully registered as a Driver, or has been de-registered, shall be deemed to have been cancelled by the Driver.

CONDITION OF CARS

It is the responsibility of an Owner to ensure that, when they hand over their Car to a Driver, that it is safe to drive. This means, as a minimum that it is roadworthy.  

"Roadworthy" means that the car meets or exceeds the following minimum roadworthiness standards:

(a) no warning lights (other than handbrake and seatbelt warning lights as appropriate) remain lit after the car is started;

(b) the car exhibits no evidence of leakage of fuel, lubricants or brake fluid;

(c) the car's windscreens and windows are not excessively tinted and are free from cracks that may obscure the Driver's field of view;

(d) all of the car's external lights are fully operational, their lenses are undamaged and the headlights are properly adjusted to avoid dazzling oncoming vehicles;

(e) the car's tyres (including the tyre on the spare wheel) have a tread depth of at least 1.6 mm across the central three-quarters of the breadth of the tread and around the entire circumference;

(f) the car's manual, jack, wrench, locking wheel-nut key and spare wheel are present in their correct storage compartments; and

(g) the car is clean and tidy inside and out;

NO ENDORSEMENT

DRIEV does not endorse any Member or any Car. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm, and not to claim against DRIEV. We encourage you to communicate directly with other Members on the Site regarding any Bookings made by you.

MAKING AND CANCELLING A BOOKING

1.    All Bookings shall be made using the car booking tools made available on the Site. Requests for Bookings may be submitted by Drivers for Hire Periods commencing up to 30 days from the date of the request. Requests shall remain open for acceptance by an Owner for a maximum of 12 hours whereupon they will automatically expire if not accepted. Drivers may cancel any request for a Booking at any time before that request has been accepted.

2.    No Owner is obliged to accept any request for a Booking submitted by a Driver. In the event that a request for a Booking is accepted by an Owner, a legally binding contract for the Booking, incorporating these terms and conditions, shall come into force automatically.

3.    A Driver seeking a Booking for a specific Hire Period may submit multiple requests for a Booking in respect of that proposed Hire Period to multiple Owners. In the event that an Owner accepts such a request, a binding contract for the Booking shall come into force and the remaining requests shall be cancelled automatically without liability.

4.    The Hire Period may be extended by mutual agreement between the Driver and the Owner using the car booking tools made available on the Site & notifying the DRIEV team.

5.    If, in relation to any Booking, any Driver Exclusion Circumstances arise then the Booking shall be deemed cancelled and the Owner shall not permit the Driver to take control of the Car. The Owner shall not incur any penalties in relation to any such deemed cancellation and shall not be required to refund the Hire Fee.

6.    If, in relation to any Booking, any Car Exclusion Circumstances arise then the Booking shall be deemed cancelled and the Driver shall not take control of the Car. In the event of any such deemed cancellation the Hire Fee shall be refunded.

7.    Apart from the deemed cancellations referred to in clauses 5.5 and 5.6 above, Bookings may only be cancelled using the car booking cancellation tools made available on the Site. Such cancellations shall have the consequences set out in the Cancellation and Compensation Policy.

COLLECTING, USING AND RETURNING THE CAR

ONLY THE VERIFIED DRIEV DRIVER WHO IS NAMED ON THE DRIEV AGREEMENT CAN DRIVE THE CAR. IF, DURING THE HIRE PERIOD, ANOTHER PERSON(S) DRIVE THE CAR THE INSURANCE POLICY WILL BE VOID. THE NAMED DRIVER ON THE AGREEMENT WILL BECOME PERSONALLY LIABLE FOR, BUT NOT LIMITED TOO, ANY DAMAGE OR NON RETURN OF THE CAR, ANY THIRD PARTY DAMAGE TO VEHICLES OR PROPERTY AND ANY INJURIES. BOTH THE NAMED AND NOT NAMED DRIVER CAN BE CONVICTED OF AN IN14. 

1.    The Driver and Owner shall meet at the time and place agreed at the time of making the Booking and the Driver shall confirm the Booking reference and make their driving licence available for inspection by the Owner.

2.    The Driver shall be responsible for ensuring that: (a) any previously unrecorded damage identified and recorded in the DRIEV mobile App; and (b) no Driver Exclusion Circumstances exist 

3.    The responsibility for checking the car for roadworthiness is the driver's responsibility

4.    The Driver shall be responsible for inspecting the Car to ensure that no Car Exclusion Circumstances exist. 

5.    Personal property of the Owner left in the Car at the commencement of the Hire Period is left solely at the Owner's risk.

6.    The Driver shall, at all times during the Hire Period, use the Car in accordance with the Acceptable Car Use Policy.

7.    The Driver shall return the Car at the scheduled end of the Hire Period to the location agreed at the time of the Booking. The Owner shall not be obliged to accept the return of the Car before the scheduled end of the Hire Period and no part of the Hire Fee shall be refunded in the event that the Owner agrees to accept the early return of the Car. The Driver shall remain responsible for the Car until it has been returned to the possession of the Owner. If the Car is returned late, the consequences set out in the Cancellation and Compensation Policy shall apply.

8.    Promptly following the return of the Car, the Driver shall record the charge level and inspect it for any new damage, taking pictures via the mobile App. Drivers are responsible for recharging the battery used during the hire. 

9.    Personal property of the Driver left in the Car at the end of the Hire Period is left solely at the Driver's risk.

10.             If a Driver fails to return a Car by the end of the Hire Period the Driver will be liable in accordance with the Cancellation and Compensation Policy.

11.             The Driver shall be exclusively responsible for the Car, and all financial and other consequences of their use of it (including road tolls, congestion charges, traffic offence penalties, parking offence penalties, clamping fees, breakdown charges and recovery fees and all sums payable under the Cancellation and Compensation Policy), from the commencement of the Hire Period until the later of the end of: (a) the Hire Period; and (b) the time the Driver returns the Car to the Owner.

12.             In the event that an Owner receives a notice of a speeding offence committed during the Hire Period they shall be obliged to pass on the Driver's details to the police.

13.             Owners can set their own daily mileage limits and the Driver is responsible to pay an excess mileage fee for each mile driven over the stated included mileage. To claim an excess mileage fee, Owners should email drive@DRIEV.co.uk within 24 hours with a photo or scan of the DRIEV agreement

14.             Drivers are responsible for returning the car in the same condition that they received it in. This includes the cleanliness of the interior and exterior of the vehicle. If the Owner reports that the car has not been returned in the same condition then the hirer may be liable to pay for cleaning costs.

15.             Pets are not allowed in cars without the Owners explicit consent.  If an Owner reports that a Driver has transported a pet without their authorisation, the Driver will be subject to the cleaning fee and Owner Administration Charge.

16.             Drivers or their passengers are not permitted to smoke in any car.  If smoke is reported by the Owner with 24 hours after a booking has ended, the Driver will be fined with the cleaning fee and Owner Administration Charge. If there is a smoke smell at the beginning of the booking please report it via email to drive@DRIEV.co.uk so you are not held responsible for the violation

17.             Drivers are liable for a key replacement charge in the event the original keys are lost or stolen.  Drivers should contact our helpdesk to request this. In case the keys are locked inside the car, Drivers are liable for a locksmith charge.

18.             Any info entered by the driver into technology in a car (e.g. into the Satnav or infotainment system) is the responsibility of the driver to delete/clear; DRIEV and the car owners cannot take responsibility for the driver data after the end of the booking.

DAMAGE TO A CAR

1.    Drivers are responsible for leaving the Car in the condition it was in when they collected it. Drivers agree that they are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals who they allow to access the Car.

2.    The Driver shall be liable for any new damage to the Car in accordance with the terms of the Cancellation and Compensation Policy. The Owner shall promptly record any such new damage and report the same to DRIEV within 24 hours of the booking being completed.

3.    The Owner must make sure the Driver has completed the pick up and drop off process otherwise claims may not be validated. Likewise the Driver must also make sure the pick up and drop off process is complete as they may become liable for damage they did not commit. 

4.    Where the cost of repairs for any new damage reported to DRIEV are less than the excess on the Insurance Policy, then this total cost will be paid and not the higher excess amount.

5.    Where the cost of repairs for any new damage reported to DRIEV will be more than the excess on the Insurance Policy, such cost will be covered by the Insurance Policy subject to the terms and conditions of the Insurance Policy and the Owner's compliance with the terms of the Insurance Policy and their cooperation with Mulsanne Insurance. The Driver shall be liable for the cost of repairs for any new damage that is not covered by the Insurance Policy.

6.    For any damage that occurs during a hire that can not be determined if it was the Owners or Drivers liability (tyre puncture for example), then the triangle of trust will be adopted. This is where the car Owner, Driver and DRIEV will pay 33.33% each up-to the maximum of 'the excess' in total to cover the damage costs, anything above this amount will be reviewed on a case by case basis.

DRIEV RIGHTS AND OBLIGATIONS

1.    DRIEV shall be entitled to enforce these terms and conditions against any Owner or Driver generally and specifically in the context of any Booking to which they are party.

2.    DRIEV gives no warranties or representations about the accuracy of the information on the Site or the Site availability.

3.    DRIEV is entitled, where required by law or judicial or regulatory authorities, to provide personal data relating to any Member to any credit reference agencies, HM Revenue & Customs, the police, debt collection agents or any other relevant organisation.

4.    The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy or completeness.

LIMITATION OF LIABILITY OF DRIEV

 a) DRIEV excludes liability for:

1.    any loss of business, profit, data and liability for any indirect or consequential loss arising from the use of the Site, whether caused by tort (including our negligence), breach of contract, breach of statutory duty or otherwise.

2.    the cancellation of any Booking by reason of any Car Exclusion Circumstances or Driver Exclusion Circumstances or any other cause specified in these terms and conditions;

3.    for any loss or damage to, or theft of, any Car or any other property belonging to any Member;

4.    for any sums payable by the Driver for any fuel or incidental expenses;

5.    for any loss or damage caused by circumstances beyond DRIEV reasonable control.

b) DRIEV total aggregate liability to any Member in relation to a Booking shall in no circumstances exceed the greater of:

1.    the total of: (a) the Hire Fee payable in respect of that Booking made by such Member; plus (b) any compensation payable in respect of that Booking under the Cancellation and Compensation Policy; plus (c) any sum that would have been payable in respect of that Booking under the Insurance Policy but for DRIEV default; and 

2.    £100.

c) Nothing in these terms and conditions will operate to exclude or restrict DRIEV liability for death or personal injury resulting from negligence or for fraud.

PRICING AND PAYMENTS

1.    DRIEV obligation to pay any sum payable by a Driver to an Owner or vice versa is conditional on DRIEV receiving such sum from the relevant payor

2.    Drivers agree that, in respect of each Booking, DRIEV may, at any time following the acceptance of the request for the Booking by the Owner, charge the Hire Fee, the Handling Fee, the Insurance Fee, any applicable VAT or other tax and any additional payments that are payable in connection with that Booking (including any excess payable under the Insurance Policy, any compensation, fine or penalty payable in the event of any breach of the terms and conditions applicable to the Booking and any sum payable under the Cancellation and Compensation Policy) directly to the Driver's registered debit or credit card.

3.    Hire Fees received by DRIEV from Drivers shall be paid to the relevant Owner, less the Commission. Payments are made automatically from our payment gateway Stripe. Owners must supply their ID (licence or passport) to enable automatic payments that are processed 24 hours after the booking is completed. Payments may take up to 5 working days to show in your account.

4.    The minimum an Owner can set their car Hire Fee is £70 a day.

5.    Payment processing services for DRIEV are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as an Owner on DRIEV, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of DRIEV enabling payment processing services through Stripe, you agree to provide DRIEV accurate and complete information about you and you authorize DRIEV to share it and transaction information related to your use of the payment processing services provided by Stripe.

MEMBERS' GENERAL RESPONSIBILITIES AND INDEMNITY

1.    Members are responsible for their own personal tax affairs arising from their participation in any Booking including income tax and VAT.

2.    Each Member agrees to indemnify and hold harmless DRIEV, its officers and employees against all losses, liabilities, claims or demands arising out of: (a) any breach by such Member of these terms and conditions; (b) any claim by a third party that any content posted by the Member on the Site infringes any proprietary rights of that third party.

3.    All bookings and extensions must be made via the DRIEV platform otherwise the insurance policy will be terminated with immediate effect and DRIEV will not be held responsible for any outcome. 

INSURANCE POLICY

PLEASE NOTE DURING COVID WE ARE NOT PROVIDING INSURANCE FOR ANY RENTALS ON THE PLATFORM. INSURANCE WILL NEED TO BE SUPPLIED BY EITHER THE OWNER OR THE HIRER.

TERMINATION OF MEMBERSHIP

1.    Termination of any Member's Membership is without prejudice to any of rights or obligations (including the obligation to pay any money and the right to receive any money) that accrue under any Booking that was agreed prior to such termination.

2.    DRIEV shall be entitled to suspend or terminate the membership of any Member, in its discretion and without liability to the Member, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel a member’s membership of DRIEV.

ENTIRE AGREEMENT AND MISCELLANEOUS PROVISIONS

1.    These terms and conditions, and the pages on the Site to which these terms and conditions refer, constitute the entire agreement between DRIEV and the Members. These terms and conditions, together with the details of each Booking, constitute the entire agreement between DRIEV and the Members and between the Members in relation to that Booking.

2.    If any provision (or part of any provision) of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions will continue in force without being impaired or invalidated in anyway.

3.    No delay by any party in enforcing their rights shall prejudice or restrict those rights. No party shall be deemed to have waived their rights under these terms and conditions because of their failure or delay in exercising that right.

4.    No Member may assign, transfer and/or subcontract all or any of any their rights and/or obligations under these terms and conditions or in relation to any Booking and any attempt on any Member's part to do so is void.

RIGHTS OF THIRD PARTIES

1.    A person who is not a party to these terms and conditions 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 these terms and conditions or any Booking or any other contractual relationship contemplated by them.

JURISDICTION AND GOVERNING LAW

1.    These terms and conditions and each Booking shall be governed by and interpreted in accordance with 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 these terms and conditions or any Booking or in connection with and/or arising from any use of the Site.

CONCERNS

1.    If any Member has any concerns about any material whatsoever which appears on the Site, they may contact drive@DRIEV.co.uk

2.    If any Member believes that any communication made through or on the Site infringes any legal rights that any they may have or is in breach of any of these terms and conditions or knows of or suspect any unauthorised posting of or attempt to post any communications, that Member may notify us with specific details by email at the following address: drive@DRIEV.co.uk

3.    Each DRIEV  Member agrees to comply with all reasonable requests from DRIEV, the police, or any statutory or regulatory authorities in identifying any unauthorised users of the Site.

General Conduct

All members must:

· Provide accurate, valid and complete information on their profile and keep this up to date at all times.

· Not post offensive, defamatory or false claims on reviews.

· Never publicly share, post online or misuse other member’s contact information.

DRIEV Responsibility

1.    DRIEV endeavours to only allow safe Drivers and cars to use the service. To minimise the risk of damage, only safe (vetted/approved with a safe record) Drivers can become Drivers. DRIEV will use reasonable efforts to undertake online verification of all participating vehicles and Drivers, using a number of third party databases including the DVLA to ensure Drivers meet our Driver Eligibility Criteria and vehicles are not stolen or tainted with illegality or fraud.  

2.    DRIEV does not undertake any safety checks of the private vehicles offered for hire by DRIEV Car Owners on the website. It is the responsibility of the DRIEV Car Owner to ensure compliance with the Vehicle Eligibility Requirements and for the Driver to be satisfied this responsibility has been discharged.

3.    it is the responsibility of the Car Owner to check with their finance provider before listing their car. 

4.    DRIEV will not be responsible for incidents caused by rentals. DRIEV Car Owners and Drivers are fully responsible for their own conduct - we will do our best to police and remove offending parties from future participation.

5.    DRIEV are able to remove members from their website at their absolute discretion. We reserve the right to debit registered banking cards on booking confirmation or later and to impose fines in line with our Conduct Policies at our absolute discretion. DRIEV has sole discretion in suspending members from the service and reserves the right to require proof of identity or a security deposit when reinstating membership.

Cancellation and Compensation Policy

If a member creates or accepts a booking on DRIEV, they commit to honouring it. The cancellation fines below are designed to minimise inconvenience caused to the disappointed party and are automatic.

However, we encourage Owners and Drivers to resolve cancellation disagreements between themselves. In these cases, both parties must inform DRIEV via email or phone so that the cancellation fine may be waived or refunded.  

Drivers: 

If a driver cancels a booking more than 24 hours before pick-up they will not be charged a cancellation fee and will receive a full refund for their booking automatically (will take a few working days to appear in their bank). Likewise, if a driver cancels their booking within 30 minutes of making the booking the same rule applies.

If the cancellation is made under 24 hours before pick-up then a refund of 50% will be due to the driver. The Owner will receive their usual commission % on the remaining 50% of the rental fee.

If the driver cancels their booking after the pick-up time then *no refund is due.

*If the car is deemed unroadworthy by the driver at pick-up then DRIEV will look at that situation in isolation.

 Owners:

If an owner cancels a booking more than 24 hours before pick-up they will not be charged a cancellation fee, they will not be paid for the booking and the driver will receive a full refund.

If the booking is cancelled less than 24 hours before pick-up the owner will be charged a cancellation fee of £50. DRIEV will retain £25 to cover administrative costs, and the remainder of the fee will be issued to the driver as credits on their account. 

All cancellation fees will be applied upon DRIEV discretion. 

Administrative Cancellations

On occasion, it may be necessary for DRIEV to carry out a booking cancellation. These cancellations and any associated fines or compensation are assessed on a case by case basis.

Owner/Driver Lateness Policy

We encourage Drivers and Owners to get in touch with each other directly to ensure a smooth rental process, especially at the beginning or end of a booking. However, in the absence of communication from the late party and/or consent, the waiting Member is entitled to enforce the points of this lateness policy. If the booking end time had past and the Driver has not returned the car and keys, the Owner must inform DRIEV to extend the booking (at the Driver’s expense) until the vehicle is returned to the Owner. 

The Owner is entitled to booking revenue (if any) resulting from the extension. Additionally, if reasonable attempts have not been made to inform both the Owner and DRIEV of the late return, the Driver will be charged the cost of the extended booking and may be banned from the service. 

Beginning of booking

If a Driver is more than 30 minutes late to pick up the vehicle or has not brought their driving licence, the Owner is not obligated to hand over the car to the Driver, and the Driver is not entitled to a refund. Only verified DRIEV members who made the booking can pick up and drive the cars. If a person not matching this criteria attempts to pick up the car then the Owner should not hand over the keys.

If an Owner is more than 30 minutes late to hand over the car and keys, the Driver is allowed to cancel the booking, receive a full refund, and the Owner will be charged a £25 administration fee.

End of booking

If the booking end time had past and the Driver has not returned the car and keys, the Owner must inform DRIEV to extend the booking (at the Driver’s expense) until the vehicle is returned to the Owner. 

Vehicle Suitability Policy

As per our eligibility criteria, all cars on the service must be safe to drive, in good condition, clean and tidy. They must not suffer from obvious faults such as tyre treads below the legal limit, clutch problems or dysfunctional windscreen wipers. If a car cannot be accepted by a Driver at the beginning of a booking, or the vehicle breaks down during a booking due to unsuitability, the Owner may be charged a cancellation fee when substantiating evidence of car unsuitability is provided. These fines will correspond appropriately with any expenses incurred, with a minimum fine of £50.

Before a booking

If an Owner becomes aware of vehicle faults prior to a booking, they must notify the Driver and DRIEV immediately and cancel the booking or have the fault fixed prior to the start of the booking.

Beginning of a booking

If on collection of the car, the Driver determines that the Owner’s car is not reasonably suitable for use, then the Driver is allowed to cancel the booking to receive a full refund. The Owner will be charged a cancellation fee if substantiating evidence of car unsuitability is provided. These fines will correspond appropriately with any expenses incurred, with a minimum fine of £50.

Traffic Fine Policy

The Driver is responsible for all traffic fines (such as parking fines, congestion charges, toll charges or moving violations) incurred during their booking. Owners and Drivers should work together to resolve these fines quickly.

If an Owner receives notification of a traffic fine or similar offence incurred during a DRIEV booking, they should first contact the Driver via their DRIEV profile or by the telephone number provided at the time of booking to make them aware of the fine and give them the chance to pay it directly or transfer it into their name. The Owner should provide the Driver with the details of the charge and instructions for payment.

If a traffic fine is obtained during the hire then the DRIEV Driver is liable for a additional £10 fine (per PCN) that will be transferred to the Owner for their time taken to resolve the issue.

If the Driver fails to pay or transfer the fine within 7 days of notification from the Owner, then the Owner may email DRIEV a copy of the violation notification and any further details. DRIEV will then help resolve this fine with the Driver. In this event, Driver will be liable for a £50 administration fee on top of the cost of the fine.

Appeals and Arbitration Process

In the event that an Owner or Driver is deemed liable for a fine imposed by a third party such as the Police or a local authority, they will be informed by email and their card debited. This sum is automatically debited from their card but can be challenged by return email or phone. DRIEV reserves the right to request further documentation. DRIEV will consider the driver’s appeal and any relevant information provided, but has sole discretion in accepting or refusing the  challenge.