Version of 12 January 2020
TERMS AND CONDITIONS FOR ACCESS TO AND USE OF THE BLUECITY SERVICE
("TERMS AND CONDITIONS")
WELCOME TO THE BLUECITY SERVICE
Bluecity permits its Members (as defined below) to:
(a) reserve and use self-service electric cars supplied by Bluecity (" Bluecity Cars ");
(b) pick up and drop off Bluecity Cars from designated electric vehicle charge points and parking locations (each such parking location, a " Bluecity Parking Space ") at a Bluecity Station (as defined below) for a Bluecity Car;
(c) reserve a Bluecity Car and/or reserve a Bluecity Parking Space to drop-off a Bluecity Car at the end of a Rental Period (in each case, at the Memberâ€™s option); and
(d) use the technology software platform (including the smart phone app) and all updates, upgrades, patches, or new versions thereof that operates all of the foregoing for the above purposes,
all in accordance with these Terms and Conditions (which do contain limitations and conditions of usage). The services described above are collectively referred to as the â€œBluecity Serviceâ€.
Bluecity is currently a corporate member of the â€œSource Londonâ€ network of charge points, through which membership its Members are entitled to use the Source London network to charge Bluecity Cars and park at certain Source London parking bays (which qualify as being â€œBluecity Parking Spacesâ€ for the purpose of these Terms and Conditions) and, subject to Your compliance with these Terms and Conditions.
These Terms and Conditions form part of the contract between Bluecity and You for Your registration as a Member, and any subsequent use by You of the Bluecity Service. Please take particular note of the important information provided below which we would like to highlight to You. You should print a copy of these Terms and Conditions or save them to Your computer for future reference. These Terms and Conditions, and any contract between us, are only in the English language.
Insurance cover, provided by a third -party insurance company, is included in the Bluecity Service (subject to terms and conditions, and payment of an excess by You in the event of a claim). You may be liable for excesses not covered by the Insurance Policy, and there are limitations within the Insurance Cover. We therefore recommend that You pay careful attention to paragraph 22 of these Terms and Conditions and the information on the Insurance Cover in Schedule 3.
PLEASE TAKE THE TIME TO READ THESE TERMS AND CONDITIONS CAREFULLY. IT IS IMPORTANT THAT YOU UNDERSTAND THEM AS THEY FORM PART OF THE CONTRACT BETWEEN US.
YOU NEED TO PAY PARTICULAR ATTENTION TO PARAGRAPH 19 (YOUR RIGHT TO CANCEL AS A CONSUMER), PARAGRAPH 21 AND SCHEDULE 3 (INSURANCE), PARAGRAPH 22 (LIMITATION OF BLUECITY 'S LIABILITY) AND PARAGRAPHS 5 AND 6 AND SCHEDULE 1 (DAMAGE CHARGES, ADDITIONAL FEES AND PENALTIES (INCLUDING GATWICK SURCHARGE ).
THESE TERMS AND CONDITIONS ALSO CONTAIN IMPORTANT INFORMATION ON HOW YOU SHOULD USE THE BLUECITY SERVICE AND HOW YOU MUST TREAT THE BLUECITY CAR, BLUECITY BADGE AND BLUECITY PIN.
Â· YOU MUST ONLY CHARGE THE BLUECITY CAR AT CHARGE POINTS WHERE BLUECITY HAS AGREED TERMS OF ACCESS WITH THE RELEVANT CHARGE POINT PROVIDER AND NOT AT OTHER CHARGING STATIONS (INCLUDING ANY DOMESTIC CHARGING STATIONS). THESE CHARGE POINTS WILL BE IDENTIFIED THROUGH THE BLUECITY WEBSITE, THE GPS INSIDE THE CAR AND THE BLUECITY MOBILE APP.
Â· WHEN RETURNING THE BLUECITY CAR, YOU MUST FOLLOW CAREFULLY ALL THE STEPS SET OUT IN PARAGRAPH 6.8 (THESE STEPS ARE ALSO DESCRIBED ON THE BLUECITY WEBSITE AND BLUECITY MOBILE APP) TO PROPERLY COMPLETE THE RETURN AND END THE RENTAL PERIOD. IF YOU DO NOT DO SO, THE RENTAL PERIOD WILL NOT BE COMPLETED AND YOU WILL REMAIN LIABLE FOR PAYMENT OF RENTAL FEES. YOU SHOULD EXPECT A SMS TEXT MESSAGE (OR AN EMAIL OR PUSH NOTIFICATION) FROM US VERY SHORTLY AFTER YOU HAVE COMPLETED THE RETURN PROCESS, TO TELL YOU THAT YOUR RENTAL PERIOD HAS ENDED. IF YOU DO NOT RECEIVE THIS PLEASE CONTACT THE CUSTOMER RELATIONS CENTRE. YOU SHOULD NOT LEAVE THE BLUECITY STATION WITHOUT RECEIVING A NOTIFICATION FROM US THAT YOUR RENTAL PERIOD HAS ENDED.
Â· YOUR MEMBERSHIP WILL RENEW AUTOMATICALLY AT THE ACTIVATION DATE ANNIVERSARY UNTIL 10 FEBRUARY 2020 MIDNIGHT (the â€œEnd Dateâ€) , AND A NEW MEMBERSHIP FEE WILL BECOME DUE (PAYABLE IN MONTHLY INSTALMENTS) IN ACCORDANCE WITH ARTICLE 10.2, UNLESS YOU NOTIFY US IN WRITING AT LEAST THIRTY DAYS BEFORE THAT ANNIVERSARY THAT YOU DO NOT WISH TO RENEW YOUR MEMBERSHIP.
BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS.
PLEASE ALSO NOTE THAT THE MEMBERSHIP FEE THAT YOU PAY IS NON-REFUNDABLE UNLESS YOU ARE A CONSUMER AND YOU EXERCISE A RIGHT TO CANCEL THE CONTRACT IN ACCORDANCE WITH PARAGRAPH 10.2 and 19.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "DECLINE" BUTTON BELOW AND YOU WILL NOT BE AUTHORISED TO USE THE BLUECITY SERVICE.
If You have any questions regarding this Contract, please contact the Customer Relations Centre via the Bluecity Website or the Bluecity Mobile App.
WE RECOMMEND THAT YOU WATCH THE BLUECITY INSTRUCTION VIDEO WHICH GIVES GUIDANCE ON USING THE BLUECITY CAR. THIS VIDEO IS AVAILABLE ON THE BLUECITY WEBSITE, AND WILL BE DISPLAYED IN THE BLUECITY CAR WHEN YOU START YOUR FIRST FEW JOURNEYS.
The definitions set out in this paragraph 1 apply in this Contract and have the following meanings:
Abandonment is defined in paragraph 6.8.1(a).
Activation Date means the date from which the Member is entitled to use the Bluecity Service. Subject to the terms of this Contract, the Activation Date shall be the date nominated by the Member during the Membership Application Process. Where the Member does not nominate a deferred Activation Date, the Activation Date shall be the same as the Membership Date.
Applicable Laws means all laws, regulations, bye-laws and other mandatory requirements applicable to a Memberâ€™s use of the Bluecity Services. This includes, for example (but without limitation), all road traffic and parking regulations in force in London.
Bluecity means Bluecity (UK) Ltd, a limited liability company incorporated and registered in England and Wales with company number 09371958, whose registered office is at 5 Cavendish Square, London W1G 0PG and whose VAT registration number is 213557914.
Bluecity Badge means the RFID badge issued by Bluecity to enable, in conjunction with a Bluecity PIN, the Member to use a Bluecity Car and to use a Charge Point.
Bluecity Car Accessories means all the equipment present in and provided with the Bluecity Car (including, without limitation, all keys, GPS screen, Bluecity Badge reader and documentation;
Bluecity Car means an electric Bluecity Car made available by Bluecity for the Bluecity Service.
Bluecity Mobile App means the mobile application operated by Bluecity allowing You full access to the Bluecity Service. Some features of the Bluecity Service may only be available on the Bluecity Mobile App and not on the Bluecity Website;
Bluecity Parking Space means a parking space available for use by a Bluecity Car, located at a Bluecity Station.
Bluecity PIN means a unique four -digit number set by You during the activation process set out in paragraph 4.4 below, to enable, in conjunction with a Bluecity Badge, the Member to use a Bluecity Car.
Bluecity Station Interface means an electronic interface at each Bluecity Station, which a Member may use to collect and return a Bluecity Car.
Bluecity Station means a site along the roadway or in a private parking facility, operated by Bluecity or by any provider of Charge Points to Bluecity, which is made available for the pick-up, drop-off and charging of Bluecity Cars. Bluecity Stations can be identified by signage, ground markings and by consulting the Bluecity Website and Bluecity Mobile App.
Bluecity Website means Bluecity 's website accessible at blue-city.co.uk;
Bluecity Zone means the geographic area within the boundaries of the M25 motorway and any reasonable route to/from Gatwick Airport . The Bluecity Zone may be changed from time to time at Bluecity â€™s sole discretion.
Charge Point means the equipment installed at each Bluecity Parking Space for charging a Bluecity Car, access to which has been agreed between Bluecity and the relevant charge point provider. These Charge Points will be identified on or through the Bluecity Website or Bluecity Mobile App.
Contract means the contract between Bluecity andÂ You for access to and use of the Bluecity Service, incorporating these Terms and Conditions.
Customer Relations Centre means Bluecity 's information and help centre, which is open 24 hours a day, 7 days a week, and which can be contacted using the details set out in paragraph 25.1.
Damage Charge means a one-off fee payable in the circumstances set out in paragraph 21.5 and as detailed in Schedule 1.
Dashboard Screen means the screen located on the dashboard of the Bluecity Car, which provides access to GPS mapping, the radio and additional information and identifies routes to Bluecity Parking Spaces.
Eligibility Criteria means the criteria for taking out a Membership and reserving and renting a Bluecity Car set out in paragraph 3.1 below.
End Date means the 10 February 2020.
Fees means those fees due from You to Bluecity as set out in paragraph 10.2.
Incident is defined in paragraph 14.12.1 below.
Insurance Cover means the insurance policy provided by a third- party insurer to Bluecity, which covers the Member up to certain limits in respect of its use of a Bluecity Car, as summarised in Schedule 3.
Insurer means the insurer(s) under the Insurance Cover.
Member Area means the on-line secure account management space within the Bluecity Website, accessible by the Member following log-in, from which the Member can manage personal information, access a copy of the Bluecity Contract, statements and invoices, and any informational messages from Bluecity.
Member Email Address means the email address provided by the Member during the registration process set out at paragraph 4 below.
Member means a person who is permitted to use the Bluecity Service in accordance with the terms of the Contract (which may include You), and â€œ Membership â€ shall be construed accordingly.
Member Property means all objects and personal belongings of the Member and all persons transported in the Bluecity Car.
Membership Application Process means the process of applying for a Membership, which can be completed on the Bluecity Website or the Bluecity Mobile App.
Membership Date means the date on which Bluecity approves the Memberâ€™s application pursuant to the process set out in paragraph 4.3.
Membership Fee means a payment payable by the Member per year from the Activation Date and any Renewal Date, in twelve equal monthly instalments to Bluecity, as set out in Schedule 1.
Membership Period means the duration of Your Membership, as described in paragraph 20.1;
Off-Roadway Station is defined in paragraph 6.12 below.
Off-Roadway Station Owner means a third party owner of an Off-Roadway Station.
Onboard Documents means collectively a copy of the Bluecity Car registration document which can be found in the Bluecity Car;
Queue-POP means the reservation system which, in the event of the unavailability of a Bluecity Parking Space or a Bluecity Car at the desired Bluecity Station, makes an automatic reservation as soon as a Bluecity Parking Space or Bluecity Car become available. Depending on the date, time and location of the reservation, a fee may be associated with such reservation. A further description is outlined in clause [5.4].
Renewal Date means each anniversary of the Activation Date, on which, subject to You electing not to renew in accordance with paragraph 20.1 below, the Membership Period will automatically renew unless this Contract is terminated in accordance with the terms herein or the End Date is reached.
Rental Fee means the fee payable by You to Bluecity for renting the Bluecity Car during the Rental Period (including under any special offers from time to time such as any Rental Package) as further described in clause 10.1 and Schedule 1;
Rental Package means a Bluecity special offer to Members from time to time at Bluecityâ€™s absolute discretion, allowing Members to purchase a rental package of fixed minimum duration. Rental Packages will be available to Members via the Bluecity Mobile App ONLY;
Rental Period means the period, starting at the point described in paragraph 6.5.4 and ending at the time You complete the procedure described in paragraph 6.8, during which You have possession and control of a Bluecity Car;
Reservation means either a Bluecity Car reservation (to pick up a Bluecity Car at the start of a Rental Period) or a Bluecity Parking Space reservation (to drop off a Bluecity Car at the end of a Rental Period).
Reservation Fee shall mean the Bluecity Car Reservation Fee and/or the Bluecity Parking Reservation Fee as applicable, both as described in paragraph 2.3 of Schedule 1;
Security Deposit means a security deposit required by Bluecity, as further detailed in paragraph 12 below.
SOS Button means the blue call button located beneath the Dashboard Screen in the Bluecity Car. This button enables the Member to contact, from the Bluecity Car, the Customer Service Centre, which provides assistance in the event of a breakdown or accident.
Terms and Conditions means the terms and conditions set out in this document, including the Schedules.
â€œYouâ€ means the person entering into this Contract with Bluecity to become a Member and use the Bluecity Service as a Member.
2. THE CONTRACT
2.1 Only Members can use the Bluecity Service. Members may only use the Bluecity Service in accordance with the terms of the Contract.
2.2 Modifications to the Contract
2.2.1 We may amend any part of the Contract at any time to reflect any changes to applicable taxes and any changes to the Bluecity Zone that we need to make in order to manage and operate the Bluecity Service, and such changes shall be effective and binding on You from the time at which we notify You of such changes.
2.2.2 In addition to our right to amend the Contract under paragraph 2.2.1 above, we may amend any part of the Contract by providing a minimum of thirty (30) days' prior written notice to You. However, except in accordance with paragraph 2.2.1 above, we will not amend the amount or rate of any particular Fee more than twice in any year, and will not increase any particular Fee (or fee rate) by more than 12% of the then current Fee or fee rate (save in cases where no fee is currently charged for the service in question, in which case no limit on the amount of such new fee will apply).
2.2.3 If we make any changes to the Contract and You do not wish to be bound by such changes, You will be entitled to terminate Your Membership upon written notice to us, to be notified to us within thirty (30) days of our notice to You amending the Contract. If You elect to terminate in accordance with this paragraph 2.2.3, You will be released from Your obligation to pay all instalments of the Membership Fee that would apply to any period after the effective date of termination.
2.2.4 Any notice to You of any amendment to the Contract will be delivered by either: (a) sending an email to the Member Email Address; or (b) posting to Your account in the member area of the Bluecity Website, and the delivery date will be whichever occurs first.
2.3 Commencement and Duration of the Contract
The Contract will come into effect on the Membership Date and will continue in effect until the End Date or until it is either cancelled by You in accordance with paragraph 19 or terminated by either You or Bluecity in accordance with paragraph 20 of these Terms and Conditions.
3 . ELIGIBILITY FOR A MEMBERSHIP
3.1 By applying to be a Member, You confirm to us that You meet the following eligibility criteria at the beginning of the Membership and that You will continue to meet these criteria throughout the Membership: (a) You must be at least 18 years of age; (b) You must hold a valid and full:
(i ) driversâ€™ licence for the relevant category of vehicle issued by the authorities in the United Kingdom, which has not been suspended, cancelled or withdrawn; OR
(ii) driversâ€™ licence for the relevant category of vehicle AND a valid passport or national identity card, in each case issued by the authorities of an EEA Member State other than the United Kingdom, neither of which has been suspended, cancelled or withdrawn; OR
(iii) international drivers' licence for the relevant category of vehicle AND a valid passport or national identity card, in each case issued by the authorities of a country other than an EEA Member State.
(iv) Bluecity reserves the right to ask for additional proof of Your residential address if the address registered on the account is different from the address on the driving licence/ID.
(v) Bluecity reserves the right to confirm Your identity and driving record with the UK Drivers and Vehicle Licensing Authority (DVLA) (or the equivalent body if the Authorised Driverâ€™s driving licence is not a UK licence) by requesting that You share a â€œcheck codeâ€ issued by the DVLA.
For clarity, a holder of a provisional drivers' licence is not permitted to become a Member. You must provide us with a colour copy of all documents required to satisfy either (i), (ii) or (iii) above at the time of making Your application.
(c) You must have no more than three (3) penalty points on Your driving licence; (d) You must not have any drink or drug driving convictions in the last five (5) years; (e) You must maintain a valid credit or debit card in Your own name, which is accepted for payment by Bluecity (please refer to the list of accepted payment methods on the Bluecity Website), and a bank account in Your own name in relation to which You have full and complete authority to set up direct debits; (f) You must instruct Your bank to establish a direct debit in favour of Bluecity, to permit Bluecity to take payment of any Fees or other amounts due to Bluecity as specified in these Terms and Conditions, from Your bank account; (g) You must not owe any money to Bluecity; (h) You must have successfully completed the Membership Application Process (collectively, paragraphs 3.1(a)-(h) inclusive are the â€œ Eligibility Criteria â€).
3.2 Holders of an expired, suspended, cancelled, withdrawn, restricted, or otherwise invalid driver's licence or whose driver's licence has been lost or stolen are not eligible to take out a Membership. If at any time during the Membership You loses Your driver's licence, or Your driver's licence is stolen, expires or is suspended, cancelled, withdrawn, restricted, otherwise becomes invalid or ceases to meet the Eligibility Criteria, You must notify the Customer Relations Centre as soon as possible, and in any event before You use the Bluecity Service.
3.3 Bluecity reserves the right to deny Membership to any person based on the content of that personâ€™s driving record, including without limitation, arrests or charges in relation to vehicle operation, including those which have yet to be fully adjudicated or did not result in a charge or prosecution.
3.4 You authorise Bluecity ,at any time, to check Your credit and / or other equivalent data sources that identify any risk associated with provision of any Bluecity Services to You. We may decline to provide Bluecity Services to You, or cease providing Bluecity Services already underway, based upon the results of such checks.
3.5 You acknowledge and agree that meeting the Eligibility Criteria does not automatically entitle You to become a Member or to use the Bluecity Services, and approval of Your application to become a Member is at Bluecity 's sole discretion. Such approval may be subject to additional criteria imposed by either Bluecity or its insurers, from time to time.
4 . BECOMING A MEMBER
4.1 Subject to paragraph 3 above, You can apply to become a Member by: (a) completing the Membership Application Process, including accurately and fully completing and providing all information and documentation requested within the Membership Application Process; (b) paying the first instalment of the Membership Fee using a debit or credit card; (c) setting up a direct debit authorisation which authorises Bluecity to withdraw all future instalments of the Membership Fee (other than the first instalment, which You will have paid by debit or credit card), all Rental Fees and any Additional Fees chargeable from Your bank account; (d) authorising Bluecity to pre-authorise the amount referred to in Schedule 1 on Your credit or debit card for the Security Deposit in accordance with paragraph 12 below; and (e) agreeing to be bound by and comply with the Contract, including these Terms and Conditions.
4.2 Membership Application Process The Membership Application Process will, among other things, require You to: (a) upload a clear, colour copy of Your driverâ€™s licence and passport / national identity card, as required by the Eligibility Criteria; (b) upload a clear, colour photograph of Your face in the format described on the Bluecity Website; (c) provide a Member Email Address and telephone number; (d) provide Your residential address; and (e) nominate Your Bluecity PIN (as further detailed at paragraph 4.4 below). Please ensure that the residential address that You provide is correct, as this is the address that we will use to dispatch Your Bluecity Badge.
4.3 Approval of Your Membership You acknowledge that approval of Your application to become a Member is at Bluecity 's sole discretion. Bluecity will notify You of its approval or rejection of Your application by notifying You via the Member Email Address. In the event that Bluecity rejects Your application for Membership, only the first instalment of the Membership Fee will be retained by way of an administration fee, except where You are a consumer, and have exercised Your right to cancel in accordance with paragraph 19 below. Please note that You may be required to provide a Security Deposit as a condition of Your Membership (see paragraph 12 below), in which case Your Membership will only be deemed approved when You have done so.
4.4 BLUECITY PIN AND BLUECITY BADGE
4.4.1 To become a Member, You must nominate a PIN code. This Bluecity PIN must be provided to use the Bluecity Service. You must not tell anyone Your Bluecity PIN, and must keep it confidential. In particular, You must not write Your Bluecity PIN on Your Bluecity Badge.
4.4.2 Your Bluecity PIN and Bluecity Badge are personal to You and must not be used by any other person. They must be kept safe and secure at all times. The Bluecity Badge remains at all times the property of Bluecity .
4.4.3 We may at any time update the format of the Bluecity Badge or any other aspect of its membership access process (particularly as technology evolves), in which case we may issue You with a new Bluecity Badge or other method of access which should be used in substitute for Your existing Bluecity Badge.
4.4.4 If You do not comply with paragraphs 4.4.1 and 4.4.2 above and paragraphs 5.2 and 14.1 below, You will be personally liable to pay all damage and loss, including without limitation, damage to or loss of value of the Bluecity Car, damage to Your own property and the property of others; and You will also be liable and responsible for personal injury to Yourself or to others in each case which results from Your breach of these paragraphs (and will not be entitled to claim this from Bluecity ).
4.5 NOMINATING A DEFERRED ACTIVATION DATE
4.5.1 You may choose to have Your Membership begin up to 30 days after the Membership Date. In such circumstances, the date chosen by You for the commencement of Your Membership shall be the Activation Date and You will not be able to use the Bluecity Service until this date. Please refer to paragraph 20.1 to see how choosing a deferred Activation Date may affect Your right to cancel this Contract as a consumer.
4.5.2 If You do not nominate a deferred Activation Date, You will be able to use the Bluecity Service from the Membership Date.
5. HOW TO USE THE BLUECITY SERVICE
5.1 Subject to paragraph 4.5.1 above, Membership allows You, in accordance with this Contract and subject to availability, to use the Bluecity Service. Subject to compliance by You with the terms of the Contract and with all Applicable Laws, and payment by You of the applicable Rental Fee and any Reservation Fees, You may reserve, collect, drive and return a Bluecity Car within the Bluecity Zone.
5.2 Membership is personal to You and is non-transferable. You must not, under any circumstances, permit any other person to use the Bluecity Service.
5.3. Making a Reservation of a Bluecity Car or a Bluecity Parking Space
5.3.1 As part of the Bluecity Service, You can reserve a Bluecity Car at the place of the trip origination in order to pick up the Bluecity Car and a Bluecity Parking Space at the place of destination in order to drop-off the Bluecity Car to end a Rental Period, provided you pay the relevant Reservation Fee. However, Reservations are not required in order to use the Bluecity Service.
Bluecity Car Reservation
5.3.2 If You choose to make a Bluecity Car Reservation, You may do so by any of the following means:
(a)Contacting the Bluecity Customer Service Centre;
(b) Using the Bluecity Websiteor;
(c) Using the Bluecity Mobile App.
Bluecity Parking Space Reservation
5.3.3You may make a Bluecity Parking Space reservation by any of the following means:
(a) Contacting the Bluecity Customer Service Centre;
(b) Using the Dashboard Screen in the Bluecity Car that You are using;
(c) Using the Bluecity Website; or
(d) Using the Bluecity Mobile App.
5.3.4 Bluecity reserves the right to charge for Reservations for any Bluecity Car and/or Bluecity Parking Space Reservation, depending on the day/time and location of the reservation. This is more fully described in Schedule 1. You will be given the opportunity to confirm and accept the Reservation Fee before proceeding with the Reservation. If You do not accept the Reservation Fee, You can reject it and proceed to use the Bluecity Service without reservation.
5.3.5 Reservation Fees are non-refundable even if You end up cancelling the reservation or never using the reserved Bluecity Car or Bluecity Parking Space, unless the reason You were unable to do so is due to Bluecityâ€™s fault or error with that Reservation.
5.3.6 For the avoidance of doubt due to the â€˜self serviceâ€™ nature of the Bluecity Serivces, Bluecity does not guarantee the availability of Bluecity Cars or Bluecity Parking Spaces though will refund a Reservation Fee paid to reserve a Bluecity Car or Bluecity Parking Space if You were unable to use the Reservation for reasons not caused by You.
Expiry of Reservation
5.3.7 Please note:
(a) after a Bluecity Car has been reserved, You will have ninety (90) minutes to go to Your selected Bluecity Station and collect Your Bluecity Car. If You allow the Bluecity Car Reservation to expire without using it, You will be liable to pay an Additional Fee described in paragraph 5.3.10 below;
(b) after a Bluecity Parking Space has been reserved, You will have thirty (30) minutes from the start of the reserved period to drop-off the Bluecity Car at that Bluecity Parking Space and correctly follow the procedure described in these Terms and Conditions to end the Rental Period.
Cancelling a Bluecity Car Reservation or allowing it to expire without using the Reservation
5.3.8 You can cancel a pending Bluecity Car Reservation at any time before either (i) the expiry of 30 minutes from the time You made the reservation or (ii) collection of the Bluecity Car by You, whichever occurs first. You can cancel a Reservation via the Bluecity Website, Bluecity Mobile App, or by contacting the Customer Relations Centre (but, in accordance with paragraph 5.3.5, You will not receive a refund of the Reservation Fee).
5.3.9 After a Bluecity Car Reservation has been cancelled or the Bluecity Car has not been retrieved within the reserved period, You will not be permitted to make a new reservation for 10 minutes.
5.3.10 If You have made a Reservation of a Bluecity Car and You do not collect the Bluecity Car or You do not cancel the reservation within 30 minutes from the time You made the applicable reservation, You will have to pay an Additional Fee. If You fail to collect a Bluecity Car that You have reserved on three consecutive occasions within a 24 hour period without cancelling the Reservation, You will be suspended from the Bluecity Service for 24 hours from the time of the final failure to collect. This Additional Fee that You have to pay if You allow the Reservation of the Bluecity Car to expire without using it, and Bluecityâ€™s right to suspend mentioned in this paragraph, are to reflect that Bluecity has lost an opportunity to achieve a rental of the Bluecity Car by Your unused Reservation.
Cancelling a Bluecity Parking Space Reservation
5.3.11 You can cancel a pending Bluecity Parking Space Reservation at any time before either (a) the expiry of 30 minutes from the time You made the reservation, or (b) parking the Bluecity Car in the Bluecity Parking Space and completing the procedure described in these Terms and Conditions to end the Rental Period, whichever occurs first. You can cancel a Reservation via the Bluecity Website, Bluecity Mobile App, or by contacting the Customer Relations Centre. Where You cancel a pending Bluecity Parking Space Reservation, in accordance with paragraph 5.3.5, the Reservation Fee will not be refunded.
5.3.12 After a Bluecity Car Reservation has been cancelled or You have not returned a Bluecity Car to the Bluecity Parking Space within the reserved period, You will not be permitted to make a new reservation for 10 minutes.
5.4 You have the option of putting yourself on a waitlist for a car if there are currently none available. Simply tap the Queue-Pop icon in the map section of the Bluecity Mobile App and select as many stations to monitor as you like. If a car becomes available in the next 45 minutes while you are first in line on the waitlist, it will automatically be reserved for 30 minutes.
You can also use Queue- Pop for a Bluecity Parking Space when searching the Bluecity map for parking spaces. Click on the Queue-Pop button and select at least one station to monitor for available parking spots. If a parking spot becomes available in the next 45 minutes while you are first in line on the waitlist, it will automatically be reserved for 45 minutes
Please note that for cancellation purposes of a Queue-Pop reservation, the same provisions above regarding Expiry of a Reservation, Cancelling a Reservation and allowing a Bluecity Car Reservation to expire without using it (paragraphs 5.3.4-5.3.11 (inclusive) apply even with a Reservation made via Queue-POP.
Using a Bluecity Car
5.6 For more details on how to use the Bluecity Car and Bluecity Station, please refer to the Bluecity Website.
6.Â COLLECTING A BLUECITY CAR
A. Collecting a Bluecity Car via the Bluecity Station Interface
6.1 On arrival at the Bluecity Station, You must activate the Bluecity Station Interface. The Bluecity Station Interface will ask You to confirm that: (a) Your Driver's License remains valid; (b) You are fully capable of driving; and (c) Your ability to drive is not impaired in any way. In particular, the Member is not suffering from fatigue and is not under the influence of alcohol, drugs, medications, or any other legal or illegal substance that may alter the Member's faculties, ability to react or drive.
6.2 Upon completion, a message on the Bluecity Station Interface will invite the Member to use the designated Bluecity Car.
6..3 The Member must present its Bluecity Badge (or other access mechanism notified and made available by Bluecity to the Member) to the Charge Point to gain access to the charging facility. The Member may not be able to access and use a Charge Point which has already been reserved by another customer or authorised user of the relevant provider of the Charge Point.
B. Collecting a Bluecity Car via the Bluecity Mobile App
6.4 You have the option to start your journey directly from the Bluecity Mobile App without interacting with the Charge Point interface. With this option you can either reserve a Bluecity Car and then start your journey through the Bluecity Mobile App as you arrive at the Bluecity Station, or you can start a trip without a reservation. The Bluecity Mobile App will allow you to select the car of your choice among the available cars at the station.Â To do this you will have to select a station from the main map screen, where you either have an existing car reservation, or where cars are available to rent.Â You can start the rental process by clicking theÂ â€œStart Rentalâ€ button to start the car pick up process.
If you have a Bluecity Car reservation, you will see the time remaining . Y ou now have the option of starting your rental while youâ€™re walking to the station to avoid letting your reservation expire. As a reminder, there is a penalty for expired reservations and you must wait 10 minutes before reserving another car if you cancel your reservation.
You will be automatically assigned a car, but you may select a different car using the Bluecity Mobile App at this step if any others are available to rent at your selected station.
6.5 Accessing the Bluecity Car and Disconnecting the Power Cable
6.5.1 After displaying the message inviting the Member to use the designated Bluecity Car, the Bluecity Station will shut off electrical power to the Bluecity Car and the Member will be able to store the power cable within the Charge Point.
6.5.2 The Member must then present the Bluecity Badge to the Bluecity Badge reader on the driver side window of the selected Bluecity Car. If the Bluecity Badge is presented to the reader of a Bluecity Car other than the one selected by the system, the reader will inform the Member of an identification error by means of a RED signal light.
6.5.3 The Member must then unlock the Bluecity Car's charging cover and disconnect the power cable from the Bluecity Car and reconnect it to he Charge Point. Members alone should handle the power cable themselves and should not let others, particularly children, handle the cable or otherwise interact with the Charge Point.
6.5.4 Disconnecting the power cable commences the Rental Period.Â Disconnecting the power cable commences the Rental Period.Â To do this You must open the flap to the charging port on the right rear side of the vehicle. Disconnect the cable by pressing and holding the lock release button on the top of the connector plug and removing it from the port. You must make sure you close the car charging flap correctly. Hold the connector plug securely as you guide the retractable cable back into the Charging Point as the cable has a strong pull.
Children should not use Charging Stations or remain near Charging Points. Please supervise your children at all times while at or near BlueCity Charging Stations.
6.5.5 Further description on Starting Rental Period directly from Bluecity Mobile App
As set out above, You also have the option to start a Rental Period directly from the Bluecity Mobile App* following the steps set out below:
For those Members who have already received a pairing code and activated their Membership Card, You will be able to start Your rental from the Bluecity Mobile App. When ready to drive, You can select â€œStart the Rentalâ€ button within the Bluecity Mobile App and follow the prompts to choose the vehicle depending on the availability and the battery level. Every time You begin Your rental through the Bluecity Mobile App, You reaffirm Your acceptance of and compliance with these Terms and Conditions. Once the rental is confirmed, the billing will begin for Your rental until ended in accordance with these Terms and Conditions.
With the option of starting Your rental from the Bluecity Mobile App, You can either reserve a car and then start Your trip through the Bluecity App as You arrive at the Bluecity Station (and all provisions in paragraph 5 relating to Reservations will apply) or You can start a trip without a Reservation.
6.6 Inspection of the Bluecity Car
6.6.1 The Member must visually inspect the Bluecity Car upon assessing it. If the Bluecity Car is damaged or dirty, You must inform the Customer Relations Centre immediately.
6.6.2 Failure to report damage or uncleanliness prior to departure from the Bluecity Station will result in You being charged an Additional Fee in respect of that damage / uncleanliness.
6.7 Starting the Bluecity Car
6.7.1 The Member starts the Bluecity Car using the ignition key found in that Bluecity Car. The Bluecity Car will only start if the power cable has been disconnected from the Car and correctly stored. When leaving the Bluecity Station, an indicator will light up to show that the Bluecity Parking Station is available for other Members to park in.
6.8 Returning a Bluecity Car
6.8.1 Once You has finished using the Bluecity Car, You must return the Bluecity Car, along with all Bluecity Car Accessories and Onboard Documents present in the Bluecity Car at the beginning of the Rental Period, to a Bluecity Parking Space. This does not have to be the same Bluecity Parking Space where You began Your Rental Period and can be any available Bluecity Parking Space. Where You: (a) do not return the Bluecity Car or return the Bluecity Car to a location other than a Bluecity Parking Space (â€œ Abandonment â€); or (b) do return the Bluecity Car to a Bluecity Parking Space but do not comply with the procedure set out below, the Rental Period will not terminate, and You will continue to incur Rental Fees, up to a maximum per Rental Period as set out in Schedule 1. You will also be charged an Additional Fee for improper return of a Bluecity Car, as set out in Schedule 1 (please note, a higher Additional Fee will apply in the event of Abandonment). Note that, where the Bluecity Badge is lost during a Rental Period, meaning that You are unable to return the Bluecity Car, this will be treated as Abandonment in accordance with this paragraph 6.8.1.
If You do not follow the procedure for correctly returning the Bluecity Car the Rental Period may not end, and You will continue to be charged Rental Fees, even if You are not actually using the Bluecity Car up and until the maximum Rental Period is reached.
We therefore recommend that You wait in the vicinity of the Bluecity Car until You have received an SMS message or email or push notification from us, confirming that the Bluecity Car has been successfully returned, and that the Rental Period has ended.
6.8.2 Upon returning a Bluecity Car, You must: (a) close the windows, (b) put the car in neutral, (c) shut off the ignition, (d) remove the key from the ignition, and (e) apply the handbrake (by pulling the relevant lever). Note that certain Bluecity Parking Spaces are subject to parking regulations and restrictions.
6.8.3 You must then plug the Bluecity Car into the Charge Point as follows: (a) place the Bluecity Badge on the Charge Point reader allowing You to access the charging cable, (b) pull the charging cable and connect the plug to the Bluecity Car's charging port, (c) close the charging cover of the Bluecity Car and (d) lock the Bluecity Car by placing the Bluecity Badge in front of the Bluecity Badge reader on the driver side window of the Bluecity Car.
6.8.4 When these steps are complete, a SMS text message or an email or a push notification will be sent to the Member Email Address to notify him / her that the Rental Period has ended. If You do not receive this SMS text message or email or a push notification very shortly after the time from which You believe You have completed the return of the Bluecity Car, please contact the Customer Relations Centre as it is likely that You have not properly returned the Bluecity Car (and You will remain liable to pay Rental Fees as the Rental Period will not have ended, up to a maximum per Rental Period as set out in Schedule 1). For this reason, we recommend that You do not leave the vicinity of the Bluecity Car until You have received a confirmation SMS message or email or a push notification.
6.9 Rules relating to Bluecity Parking Spaces
6.9.1 You must comply with all rules and policies (including parking regulations, restrictions and all Applicable Laws) relating to parking a Bluecity Car in a given Bluecity Parking Space. These are not necessarily the same for all Bluecity Parking Spaces. You must not block any Bluecity Parking Space at any time, except when You are using the relevant Bluecity Parking Space to use a Charge Point to charge a Bluecity Car.
6.10 Parking and Leaving the Bluecity Car Unattended During Use
6.10.1 Where, before returning of the Bluecity Car, You wish to leave the Bluecity Car unattended, You must lock the Bluecity Car by placing the Bluecity Badge in front of the Bluecity Badge reader on the driver side window.
6.10.2 When parking a Bluecity Car and leaving it unattended, You must (a) close the windows, (b) put the car in neutral (c) shut off the ignition, (d) remove the key from the ignition and (e) apply the handbrake (by pulling the relevant lever). You must ensure that the Bluecity Car is parked in accordance with all Applicable Laws, including parking regulations and is fully liable for all parking charges incurred during the Rental Period.
6.11 Unavailable Bluecity Station
6.11.1 If a Bluecity Station at which You desire to return the Bluecity Car does not have an available Bluecity Parking Space, or if a Bluecity Parking Space reservation was unsuccessful, You may contact the Customer Relations Centre, which will indicate the nearest Bluecity Stations with available Bluecity Parking Spaces for returning the Bluecity Car.
6.11.2 If no Bluecity Parking Space is available at any of the 8 nearest Bluecity Stations, the Customer Relations Centre will either: (a) between 8 am and 8 pm, provide the location of a Bluecity Station at which a Bluecity agent will meet You to collect the Bluecity Car. When arriving at the Bluecity Station, You should lawfully park and shut off the Bluecity Car as specified in paragraph 6.8 above. You shall be responsible for ensuring that the location at which You have parked the Bluecity Car is lawful, and does not violate any applicable parking regulations and/or restrictions. The Bluecity agent, after You have reported any damage that may have occurred to the Bluecity Car, will immediately terminate Your ability to access and operate the Bluecity Car, which You will accept;Â or (b) authorise You to park the Bluecity Car at a location outside of a Bluecity Station, provided that parking at such location is lawful.
6.12 Procedure for Returning to an Off-Roadway Station
6.12.1 An Off-Roadway Station is a Bluecity Station located off the public roadway, within parking areas operated by persons or entities other than Bluecity . You must observe the rules of use displayed in such parking areas. When returning a Bluecity Car to an Off-Roadway Station, You must observe the same procedure as set out in paragraph 6.8 above.
6.13 Return of Car when Charge is Low
6.13.1 You must return the Bluecity Car to a Charge Point once the battery charge level is less than 20%. If the Bluecity Car becomes immobilised due to a low battery charge or no battery charge, the relevant Additional Fee found in Schedule 1 shall apply.
6.13.2 If Bluecity identifies a Bluecity Car with a charge of less than 20% that is parked other than at a Bluecity Station, Bluecity may retrieve the Bluecity Car and return it to a Bluecity Station, at the relevant Member's cost and subject to payment of an Additional Fee.
6.14 Safety when using a Charge Point It is Your responsibility to ensure that the charging of a Bluecity Car using a Charge Point is carried out safely so as to avoid injury to any person or damage to property. You must follow all the instructions provided to You by Bluecity and take all reasonable care when charging a Bluecity Car and in particular: (a) the connector cable is safely plugged into the Bluecity Car and the positioning of the connector cable does not create a tripping hazard to any person; (b) the Bluecity Car is not driven with the connector cable still attached to the Charge Point; (c) the connector cable is not unplugged from a Bluecity Car before the plug is removed from the Charge Point; and (d) once You have finished charging the Bluecity Car, the connector cable is disconnected and the Charge Point housing closed.
8. USING BLUECITY PARKING SPACES RESERVED BY OTHERS
An illuminated BLUE light on a Charge Point indicates that the attached Bluecity Parking Space is reserved, and an illuminated RED light means that the attached Bluecity Parking Space is not available. In no case may You park at a reserved Bluecity Parking Space which has not been reserved by You, or one that is displaying an illuminated RED light. A Member who returns a Bluecity Car to a Bluecity Parking Space reserved by another Member will be charged an Additional Fee.
9. GETTING HELP
9.1.1 If You need help while in a Bluecity Car, You can push the SOS Button to contact the Customer Relations Centre. The Customer Relations Centre, in consultation with You, may initiate a diagnostic test of the condition of the Bluecity Car and/or ask about the condition of the car's occupants.
9.2 BODILY INJURY OR PROPERTY DAMAGE
9.2.1 In the event of a bodily injury, You should call the emergency services, and if not already done, and as applicable, the Customer Relations Centre will contact an emergency responder (ambulance, fire department, police).
9.2.2 In the event of a material accident without bodily injury, You must, at the discretion of the Customer Relations Centre, remain in the vicinity of the Bluecity Car if it is safe to do so until the arrival of a repair service or tow truck dispatched by the Customer Relations Centre.
9.2.3 If the Bluecity Car can no longer be used safely, the Customer Relations Centre may provide You with alternative transportation, which will take You to the address given by You to the Customer Relations Centre.
9.3 Bluecity Car Malfunction (Including Flat Tyres)
9.3.1 If a car malfunction occurs, upon You notifying Bluecity of the malfunction, the Customer Relations Centre will send a repair service to the Bluecity Car.Â The repair service will, upon attending the car, assume responsibility for its care and remove or repair it.
9.3.2 You must remain near the Bluecity Car until the arrival of the repair service or an agent of Bluecity , if it is safe to do so. The Customer Relations Centre may at its discretion authorise You to leave the Bluecity Car if the Bluecity Car has been parked safely, without impeding traffic.
9.3.3 The Customer Relations Centre may provide You with alternative transportation, which will take You to the address given by You to the Customer Relations.).
9.4 Member Property
9.4.1 You are responsible for the security of all Member Property. Neither Bluecity, nor any Off-Roadway Station Owner, is responsible for loss or damage to Member Property or anyone else's personal property caused by You, or Your acts or omissions, those of any third party or, by Bluecity 's or the Off-Roadway Station Owner's negligence, except as stated in paragraph 23.8.
9.4.2 You waive any claim against Bluecity , its agents, employees, parent companies, or affiliates, for loss of or damage to Member Property or anyone else's personal property, including, without limitation, any Member Property or other property left in any Bluecity Car or left at any Bluecity Station, including Off-Roadway Stations, caused by You, by any third party, or by Bluecity's or the Off-Roadway Station Ownerâ€™s negligence, except as stated in paragraph 23.8.
9.4.3 You agree to reimburse Bluecity and any Off-Roadway Station Owner for costs, expenses, liabilities, damages and/or losses that result from any claim made against Bluecity and/or such Off-Roadway Station Owner for loss of or damage to Member Property or other personal property arising from this Contract or the Bluecity Services provided under this Contract.
10. FEES PAYABLE
10.1 You shall pay to Bluecity:
(a) the Membership Fee, payable in twelve equal monthly instalments accordance with paragraph 10.2 below for each calendar year of Membership;
(b) the Rental Fee, payable for each completed Rental Period which may include fees for any selected Rental Packages offered from time to time by Bluecity and which You select via the Bluecity Mobile App;
(c) Penalties due and owing including all tolls, fines and tickets issued against the Bluecity Car during any Rental Period as further described in Schedule 1 to this Contract;
(d) any Reservation Fees and Gatwick Airport Surcharge as well as any Additional Fees falling due,set out in Schedule 1;
(e) Damage Charges that fall due as further described in Schedule 1;
(f) All reasonable expenses incurred by Bluecity in recovering any amounts due from You(including legal expenses or fees for the use of third parties to collect any Fees owed by Youto Bluecity );
(g) Any interest due on unpaid sums, in accordance with paragraph 11.3 below , and;
(h) administrative costs pursuant to paragraph 15.4,
( collectively, the â€œ Fees â€).
10.2 Membership Fee
10.2.1 The Membership Fee shall be paid in twelve equal monthly instalments. The first such payment shall be paid by credit or debit card when applying for Membership, and each subsequent payment shall be withdrawn by direct debit in accordance with paragraph 11.2 below. Unless Your Membership is terminated in accordance with these Terms and Conditions, immediately upon payment by You of the final instalment of the Membership Fee, the Membership Fee for the following year shall become due, payable in twelve equal instalments on a monthly basis.
Bluecity Service will be terminated on 10 February 2020 midnight.
Due to the progressive decrease of the Bluecity Cars in the coming month of January and February 2020 and regarding the reduced availability of these Bluecity Cars, Membership Fee will not be billed for the months of January and February 2020.
10.2.2 Instalments of the Membership Fee are non-refundable, unless You are a consumer and exercise Your right to cancel in accordance with paragraph 19, or if You terminate the Contract following amendments that we have made in accordance with paragraph 2.2.
10.3 Rental Fees
The Rental Fees are calculated on a pro rata basis, based on the rate set out in Schedule 1, and the duration of the relevant Rental Period. The minimum rental period is twenty (20) minutes, meaning that if You rent a Bluecity Car for less than twenty (20) minutes, You will be charged Rental Fees as if You had rented that Bluecity Car for twenty (20) minutes. Rental Fees are payable in addition to the Membership Fee and You cannot credit any instalments of the A Fee against the Rental Fee.
10.3.1 For the purposes of calculating the Rental Fees: (a) any incomplete minutes in the Rental Period will be rounded up to the next minute; and (b) where the Rental Period is shorter than 20 minutes, the Rental Period will be rounded up to 20 minutes. For the avoidance of doubt, the basic per minute charge of Â£0.19p will be selected by default unless You opt for one of the Bluecity rental packages.
10.4. SPECIAL OFFER RENTAL PACKAGES
10.4.1 Members may receive special offers/discounted rates from Bluecity via Bluecity Mobile App of Rental Packages as Bluecity may choose to make available, aimed at giving greater flexibility and longer drives for Members.
10.4.2 From time to time, using the Bluecity Mobile App, Bluecity may offer Members a special offer related to a Rental Package which allows the Member to rent a Bluecity Car for a certain number of hours at a discounted pre-set price. The Bluecity Mobile App will display a choice of packages, depending on the availability. To take advantage of the Rental Package, Members must confirm their rental period and accept the price and the rental, thereby reaffirming their acceptance of and compliance with these Terms and Conditions. More details aboutÂ Rental Packages are set out in Schedule 1. No other special offers or promotions (including any Promotional Codes or any vouchers for free driving time that You may have) will be capable of being used together with or as part of any Rental Package.
10.4.3 The cost of the Rental Package special offer for the agreed duration of that Rental Package will be fixed and will be notified You for Your acceptance in the course of booking process via the Bluecity Mobile App. Any use of the Bluecity Car for a period following the agreed duration of the Rental Package will be charged at Bluecityâ€™s normal Rental Fee rates.
10.4.4 You must pay the full Rental Package Fee in respect of the full duration covered by that Rental Package even if You do not use all (or any) allocated time under Your selected Rental Package.
For illustration purposes only, if You select the  hours Rental Package and utilised only [1.5] hours, You shall still be charged the Rental Package Fees of Â£[X] in full in respect of the full agreed  hours and such Rental Package Fee shall not be pro-rated.
10.4.5As mentioned above in paragraph 10.4.2, if Your Rental Period exceeds the duration of Your selected Rental Package, You shall be charged Rental Fees at the current rate per minute as set out in Schedule 1.
For illustration purposes only, in the event that You have a yearly Membership and have selected the  hours package and utilised [2.5] hours, each additional minute above the 2 hour period does not form part of the Rental Package and is not included in the fixed Rental Package Fee. Therefore, You will be charged at Â£0.19 pence per minute for any amount of time exceeding the 2 hours, in addition to the Rental Package Fee. If You have the benefit of any other special offers or promotions (including any Promotional Codes or vouchers for free driving time that You may have), You may use this in relation to the portion of Your Rental Period that exceeds the duration of Your selected Rental Package.
10.4.6 Bluecity reserves the right to introduce, at any time, new rate offers and/or Rental Packages, each for a duration as determined by Bluecity in its sole discretion. In addition, Bluecity does not guarantee the availability of any Rental Packages and shall not be held responsible for any loss in the event that it ceases to make available or offer any Rental Packages.
10.5 ADDITIONAL FEES
10.5.1 Additional Fees means the additional fees which are payable by You to Bluecity and which will fall due where indicated in these Terms and Conditions. Where Additional Fees are set out in Schedule 1 for particular circumstances, these Additional Fees reflect the amount that You shall pay by way of Additional Fee if the relevant circumstances occur.
10.5.2 The Additional Fees are indicative of the costs that are likely to be incurred by Bluecity as a result of You breaching the relevant terms of the Contract or which are appropriate to protect Bluecityâ€™s legitimate interests, but do not preclude Bluecity from claiming additional amounts from You if Your breach has caused a loss to Bluecity which is greater than the Additional Fee.
11. PAYMENT OF FEES
11.1 Information about Fees due
11.1.1 Shortly after the termination of each Rental Period, You will receive an SMS text message or a push notification from Bluecity setting out: (i) the duration ofÂ Your completed Rental Period, and (ii) the Rental Fees (which may include) additional minutes applied to Your Rental Packagewhere Your Rental Period was longer than the Rental Package that You purchased).
11.1.2 Bluecity will deliver periodic invoices. Such invoices will set out all Fees due to Bluecity at the date of that invoice or paid to Bluecity since the later of: (i) the date of the previous invoice delivered to the Member, and (ii) the Activation Date.
11.1.3 You may access all invoices via the Member Area. You can request paper copy invoices for an Additional Fee.
11.2 Direct Debit
11.2.1 You authorise Bluecity to make withdrawals by way of direct debit from Your nominated bank account in respect of any Fees that fall due.
11.2.2 Bluecity will debit Your nominated bank account on the first to occur of: (a) the time at which the aggregate Rental Fees and Additional Fees (and other amounts that might be due to Bluecity under paragraph 11.1) that You owe to Bluecity reach Â£20, whether during or at the end of the Rental Period; and (b) seven (7) days from the end of any Rental Period. You acknowledge that Bluecity may debit Fees from Your nominated bank account under this paragraph 11.2 before You have received an invoice detailing that Fee.
If You do not pay any monies due to Bluecity by the due date for payment of Fees in accordance with paragraph 10 above and this paragraph 11, Bluecity may charge interest to You on the overdue amount at the rate of 3% a year above the UK base lending rate of CM-CIC Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Bluecity interest together with any overdue amount.
11. 4 UPDATING PAYMENT METHODS
11.4.1 You must amend Your contact and account information (including Your payment information) on Your Member Area whenever it changes so that information available to Bluecity is up to date throughout the entire duration of the Contract, and in particular before You reserve or rent a Bluecity Car.
11.4.2 Bluecity has the right to debit Your nominated bank account in particular circumstances under paragraphs 11.2.2 (a) and 12.2 and therefore, if Your current credit card or debit card expires or is cancelled during the term of this Contract, You must contact the Customer Relations Centre to provide details of Your new card, or update Your card details via Your Â Member Area at least 15 days before the expiry date or immediately on the cancellation of Your current card. For cards due to expire, this update must take place upon receipt of the new bank card and before the old card expires. In any case, You authorise Bluecity to obtain through lawful means the updated bank card information and use this to process the Fees payable under this Contract.
11.4.3 You shall ensure that there are sufficient funds in Your bank account for payment of the Membership Fee, Rental Fees, Additional Fees and/or any other amounts that might be due to Bluecity under this Contract and shall provide Bluecity with an alternative method of payment if such funds are not available or if Your direct debit is cancelled by You or Your bank.
11.4.4 If we are unable to withdraw funds from Your account, we will send You an email informing You of the issue. We will then attempt to take payment after a further two (2) days. We may, two (2) days from the first rejected payment, suspend Your Membership until You have provided us with up to date payment information and paid us any monies owed to us. We will always let You know when we suspend Your Membership. You will also be charged an Additional Fee by way of an administration fee if a payment that is due to us from You is dishonoured by Your bank or bounces.
11.4.5 Under no circumstances will Bluecity be responsible for any overdraft or other fees charged by Your credit or debit card company or bank.
All Fees include VAT (value added tax).
11.6 Set Off
Subject to paragraph 11.7 below, all Fees due under this Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction as required by law).
11.7.1 Bluecity may, in Bluecity 's sole discretion, create promotional codes that may be redeemed by Members and credited against Fees, subject to any additional terms that Bluecity establishes on a per promotional code basis (" Promotional Code ").
11.7.2 You agree that Promotional Codes: (a) are unique to You , and are non-transferable, and can only be used by You; (b) must only be used for the purpose described to You whenÂ You received the Promotional Code; (c) may not be duplicated, sold, bought or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Bluecity ; (d) are provided only on the basis that You use the Bluecity Service in accordance with this Contract including that You comply with all Applicable Laws (e) may only be used pursuant to the specific terms that Bluecity establishes for such Promotional Code and which are communicated to You; (f) are not valid for, and cannot be exchanged for, cash (g)Â are only valid for the duration of such Promotional Code and for the duration for the Contract and may expire prior to Your use of the Promotional Code and (h) may be retracted or amended by Bluecity due to events genuinely beyond its reasonable control in which case Bluecity will use reasonable endavors to mitigate the effect on You (for example if Bluecity needs to change the period of validity of a Promotional Code or restrict its usage due to events beyond Bluecity control).. If You do not comply with the these terms and conditions on which the Promotional Code is provided (for example if You transfer or sell the Promotional Code) or if You use the Bluecity Service in a manner which breaches Applicable Laws and/or if Bluecity terminates its Contract with You due to Your actions in accordance with paragraph 20.2.1, Bluecity reserves the right not to apply the benefit of the Promotional Code to You (for example, Bluecity may charge You Fees in full without deducting the value of the Promotional Code credit) or may not make other features or benefits obtained through the use of Promotional Codes to You.
12 . SECURITY DEPOSIT
12.1 Bluecity may, at its sole discretion, require You to instruct Your bank to pre-authorise a Security Deposit for Bluecity â€™s benefit. The amount of the Security Deposit will not be debited by Bluecity except in the circumstances set out in paragraph 12.2 below. However, the amount of the Security Deposit will be unavailable for You to withdraw from Your account until released by Your bank.
12.2 The amount of the Security Deposit shall be determined by Bluecity based on Your rental history and payment record. The maximum amount of any Security Deposit is equal to the highest total Rental Fees paid by You in any two calendar months (including where such calendar months are not consecutive).
12.3 Any Security Deposit pre-authorised by You will be withdrawn by Bluecity in the event of:
(a) non-payment by You of any Fees or other sums due to Bluecity (including any insurance excess payable in accordance with paragraph 22.3 below) (including any failure or cancellation of any direct debit); (b) failure by You to return a Bluecity Car; and/or (c) payment of damages for which You are liable under this Contract, including any Additional Fees that may fall due.
12.4 Bluecity will release the pre-authorisation of the Security Deposit within a maximum of 8 days from the termination of Your Membership.
13. MEMBER'S OBLIGATIONS
13.1 A Bluecity Car is only permitted to be operated by the Member. The Member must not to allow any other person to drive the Bluecity Car, even if that person is also a Member.
13.2 Compliance with Applicable Laws
13.2.1 You must at all times comply with all Applicable Laws in relation to Your use of any Bluecity Car. In particular: (a) You must wear a seat belt at all times when using the Bluecity Car. You are responsible for ensuring that all passengers use their seat belts. (b) You must use a car seat for all infants and children as required by Applicable Laws.
13.3 Care for the Bluecity Car
13.3.1 You must drive the Bluecity Car responsibly and with all due care and attention.
13.3.2 You must take all reasonable care of the Bluecity Car. Excluding ordinary wear and tear, You must return the Bluecity Car to us in the same condition as when You received it.
13.3.3 You must ensure that the Bluecity Car remains locked, secure and parked in a safe location when it is not being driven, with all windows fully shut and the boot closed, and while driving, must use all of the security features of the Bluecity Car. You should not leave any Member Property in the Bluecity Car while it is unattended.
13.3.4 You must not smoke, eat or drink within a Bluecity Car, or engage in any activity that would cause the Bluecity Car's interior to become soiled, wet, smelly or otherwise uncomfortable for the next user. These restrictions apply to the driver as well as to any passengers. It is Your responsibility to remove any trash when returning a Bluecity Car and otherwise leave the car in an acceptably clean state for the next user.
13.3.5 YouÂ must not use the Bluecity Car or allow anyone to use it: (a) to transport passengers for a fee; (b) to transport merchandise for a fee; (c) to transport animals; (d) to tow or push any car, trailer, or any other object (without the written authorisation of Bluecity ) (e) off-road or on any road which is unsuitable for the Bluecity Car; (f) whenever the Bluecity Car is overloaded or whenever any onboard loads are not properly attached; (g) to transport objects or substances (including, without limitation, flammable, corrosive, toxic, explosive, ionizing, or combustible materials) that, due to their nature or odour, may damage the Bluecity Car and/or delay the ability to rent the Bluecity Car again; (h) to participate in automobile races, rallies, trials, or any other competitive event or for testing the Bluecity Car's reliability or speed; (i) in violation of traffic laws or other regulations or for any illegal purpose; (j) for a sublease whether for free or for a fee; or (k) to learn how to drive or teach someone how to drive.
13.4 You must not push or pull the Bluecity Car or allow it to be pushed or pulled for any reason whatsoever (other than by a breakdown recovery Bluecity Service or emergency services).
13.5 You must only allow the Bluecity Car to be repaired, serviced or disassembled in accordance with Bluecity 's instructions and by persons authorised by Bluecity . You must not attempt to repair, service or disassemble the Bluecity Car or permit the Bluecity Car to be repaired, serviced or disassembled by anyone other than a person authorised by Bluecity .
13.6 Overloading a Bluecity Car with persons and/or objects that results in exceeding the authorized gross vehicle weight is prohibited. The Bluecity Car is only designed to support up to (a) 4 people, including the driver, and (b) not exceed 750 pounds of total weight from occupants and cargo and may not function safely or properly if overloaded.Â It is Your responsibility not to overload the car with passengers and/or cargo.
13.7 CHARGING THE BLUECITY CAR
13.7.1 You must only charge or attempt to charge a Bluecity Car at a Charge Point. In particular, You must not charge or attempt to charge a Bluecity Car at a charge point not operated by a charge point infrastructure provider with whom Bluecity has agreed that access to Charge Points may be provided to Bluecity Members, or using a domestic electricity supply.
13.8 Memberâ€™s Fitness to Drive
13.8.1 You agree not to use the Bluecity Car at all if You are: (a) not fully capable of driving (b) suffering from fatigue which is likely to affect Your ability to drive or control the Bluecity Car; or (c) under the influence of alcohol, drugs, or any other legal or illegal substance or medication that might cause drowsiness and/or affect Your ability to drive or control the Bluecity Car.
13.8.2 You acknowledges that failing to comply with this paragraph 13.8 may result in You not being covered by the Insurance.
13.8.3 You must cooperate and agree to take any sobriety tests required by the police.
13.9.1 Any form of advertising on or in a Bluecity Car is strictly prohibited, unless it has been authorised by Bluecity in advance and in writing. For the purposes of the Contract, advertising includes (but is not limited to) any shape or image intended to inform the public or attract their attention, whether commercial, informational (private or commercial), cultural, or electoral.
13.10 Contents of the Car
When accessing the Bluecity Car You are required to verify the presence of all Bluecity Car's accessories, including the VC5, and an accident form. If any of these are missing, You must immediately notify the Customer Relations Centre.
13.11 Incidents Involving the Bluecity Car
13.11.1 In the event of an accident, collision, incident or other malfunction involving a Bluecity Car, or if the Bluecity Car is stolen, vandalised or damaged, that occurs during the Rental Period (each an â€œ Incident â€), You will: (a) secure the Bluecity Car and immediately call 999 or otherwise inform the police and emergency services of any potentital injuriee to You or anyone else involved,; (b)Â contact the Customer Relations Centre and provide the circumstances of the Incident, its known or presumed causes and the names and addresses of the persons involved and any witnesses (where applicable and known); (c) where the Bluecity Car has been stolen, vandalised or damaged, immediately report the matter to the police and send a copy of the police report to Bluecity within 48 hours of becoming aware of such Incident; (d) where requested by Bluecity , complete and send an Incident report to Bluecity within 5 days of the Incident; and (e) assist, fully co-operate with, and supply all necessary information to Bluecity and Bluecity 's insurer, including any third party appointed to act on behalf of either Bluecity or its insurer, in relation to such Incident (including any investigation, litigation or claim in relation to such Incident).
13.11.2 You acknowledges that Your failure to report, or delay in reporting, any accident, collision, incident, theft, vandalism, damage or other malfunction involving a Bluecity Car could significantly impede any steps Bluecity would otherwise be able to take to recover the Bluecity Car and/or to remedy / minimise any damage sustained. In these circumstances, You will be liable to Bluecity for all losses suffered by Bluecity as a result of Your failure or delay in reporting the circumstances referred to in this paragraph.
13. 12 CARE FOR THE BLUECITY BADGE
13.13 The Bluecity Badge remains at all times the property of Bluecity . You are responsible for keeping the Bluecity Badge safe and secure. In the event that any Bluecity Badge is lost, stolen or damaged, You must notify Bluecity immediately. If the Bluecity Badge is lost, or if the Bluecity Badge is damaged to the extent that a replacement is required, You will be liable to pay an Additional Fee.
13.14 Bluecity may terminate or suspend any Bluecity Badge and Your access to the Bluecity Service at any time where: (a) Bluecity suspects that the applicable Bluecity Badge is being used fraudulently or in breach of Your obligations; and/or (b) if You have notified Bluecity that the applicable Bluecity Badge has been lost, stolen or damaged.
We will notify You of any termination or suspension.
13.15 Upon termination of Your Membership for any reason, we will deactivate Your Bluecity Badge and You will ensure that the Bluecity Badge is not used for any purpose.
13.16 Where the Bluecity Badge is lost during a Rental Period, meaning that You are unable to return the Bluecity Car, this will be treated as Abandonment.
13.17 Treatment of Bluecity personnel and other Members
13.18 Bluecity staff and representatives will at all times behave politely, courteously and respectively towards You , and expect the same from You. You must not exhibit any inappropriate behaviour (for example violence, verbal and/or physical assault, threats, insults and/or intimidation) towards Bluecity staff or other representatives, nor other Members. If You breach this paragraph 13.7, we will immediately terminate Your Membership, and You will not be provided with a refund. If we suspect that You have committed a criminal offence, we will report all relevant facts to the police.
14. REMOVAL OF THE BLUECITY CAR FROM THE BLUECITY ZONE
14.1 You are not authorised to remove a Bluecity Car from the Bluecity Zone.
14.2 If a Bluecity Car leaves the Bluecity Zone, a call will be placed to You while in the Bluecity Car by the Customer Relations Centre with instructions to immediately return the car into the Bluecity Zone. You must comply with these instructions immediately, provided it is safe to do so.
14.3 If You remove a Bluecity Car from the Bluecity Zone, You must pay the associated Additional Fee.
15. TRAFFIC AND PARKING VIOLATIONS AND FINES
15.1 You are personally responsible for any breach of traffic and parking laws, rules and regulations when using the Bluecity Car.
15.2 You must pay all tickets, tolls, fines or penalties arising in connection with Your use of the Bluecity Car, as follows:
(a) where a ticket, toll, fine or penalty is notified to Bluecity , Bluecity will settle the ticket, toll, fine or penalty with the issuing authority. You will then be charged for the ticket, toll, fine and penalty by Bluecity and must pay the ticket, toll, fine and penalty to Bluecity. (b) where a ticket, toll, fine or penalty is notified to You, You must notify the Customer Relations Centre within 3 days of Your receipt of the relevant ticket, toll, fine or penalty.
15.3 You acknowledge and agree that Bluecity may provide details of Your identity to the DVLA and any law enforcement authorities on request and / or otherwise in connection with any alleged breach of Applicable Laws by You.
15.4 You must pay Bluecity the Additional Fee specified in Schedule 1 for each ticket and fine issued to Bluecity for the Bluecity Car used by You during Your Rental Period to cover Bluecity's reasonable administrative costs in handling receipt of such ticket and/or fine.
15.5 If You cause the Bluecity Car to be immobilised / clamped, or removed by breach of any Applicable Laws, You will be liable to Bluecity as if You had Abandoned the Bluecity Car and You must pay to Bluecity the Additional Fee specified in Schedule 1. You will also be liable to reimburse Bluecity for any fees or other any liability to the relevant parking authority or private operator of the relevant parking facility.
16. MEMBERâ€™S FAILURE TO COMPLY WITH OBLIGATIONS
16.1 If You fail to comply with Your obligations as set out in these Terms and Conditions, You must reimburse and compensate Bluecity for their losses, damages and interest and expenses that Bluecity suffers or incurs as a result of Your breach. You may also have Your Membership suspended, in accordance with paragraph 18 below. We will always let You know when we suspend Your Membership.
16.2 Bluecity may take legal action against any Member who fails to comply with his / her obligations under these Terms and Conditions.
17 . MEMBERS RIGHTS IF THERE IS A PROBLEM WITH THE BLUECITY SERVICE
17.1 How to tell us about problems
17.1.1 If You have any questions or complaints about the Bluecity Service, please contact the Customer Relations Centre, please see the comments, issues and complaints process set out at paragraph 24.
17.2 SUMMARY OF YOUR LEGAL RIGHTS
17.2.1 Bluecity is under a legal duty to supply services that are in conformity with this Contract. See the box below for a summary of Your key legal rights as a consumer in relation to the Bluecity Service. Nothing in these Terms and Conditions will affect Your legal rights.
Summary of Your key legal rights
This is a summary of Your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
In relation to the Bluecity Service, the Consumer Rights Act 2015 says:
Â· You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
Â· if You haven't agreed a price upfront, what You're asked to pay must be reasonable.
Â· if You haven't agreed a time upfront, it must be carried out within a reasonable time.
These Terms and Conditions describe in more detail how Your rights apply in relation to the Bluecity Service and explain to You how to exercise these rights.
18. SUSPENSION FROM THE BLUECITY SERVICE
18.1 Suspension of the Bluecity Service
18.1.1 Bluecity may (at its sole discretion) suspend Your access to any of the Bluecity Services where: (a) an Additional Fee becomes payable by You; and/or (b) You materially breaches the Contract.
18.1.2 Where Bluecity elects to suspend Your access to any of the Bluecity Services in accordance with paragraph 18.1 above, Bluecity shall be entitled to maintain such suspension until (as applicable): (a) You pay the relevant Additional Fee; or (b) You remedy Your material breach of the Contract.
18.1.3 Any suspension of a Membership in accordance with this paragraph 19 shall not have any effect on Bluecity â€™s other rights and remedies, including (without limitation) any right that Bluecity may have to claim damages from You, or to terminate the Contract / Your Membership. In addition, any suspension of a Membership in accordance with this paragraph 19 shall not absolve You of any obligation to make any payment to Bluecity that is due, and You shall not be entitled to a refund of any portion of the Membership Fee in respect of any period of suspension.
18.1.4 We will always let You know when we suspend Your Membership.
19. CANCELLATION OF THE CONTRACT / MEMBERSHIP â€“ CONSUMERS ONLY
19.1 If You are a consumer, rather than a business Member, You have the right to cancel Your Membership and the Contract within 14 days of entering into the Contract, without needing to give a reason ("Cooling-off Period"). The Cooling-off Period will expire 14 days after the effective date of this Contract (i.e. 14 days after the Membership Date).
19.2 Please note if You choose a deferred Activation Date (i.e. a date to start using the Bluecity Service which is later than the Membership Date), the Cooling-off Period will still begin from the Membership Date and expire 14 days after the Membership Date. The cooling-off (cancellation) period is not deferred or extended by choosing a deferred Activation Date. Therefore, if You choose a deferred Activation Date that is 14 or more days after Your Membership Date, You will not have the right to cancel (for any reason) once Your service has been activated. This does not affect Your rights if we do not provide the Bluecity Service in accordance with the requirements of these Terms.
19.3 To exercise Your right to cancel, You must notify Bluecity of Your decision to cancel Your Membership and this Contract by a clear statement sent to us via the contact form on the Bluecity Website or by post to the addresses given in paragraph 26.2 before the Cooling-off Period has expired. You may use the cancellation form set out in Schedule 2, but this is not obligatory. This is in addition to Your general right to terminate Your Membership and this Contract under paragraph 21.2 at any time.
19.4 Where You have used a Bluecity Car, but have cancelled the Contract using Your right to cancel as a consumer under paragraph 19.1, You shall be liable for any Rental Fees incurred.
If You cancel Your Membership and this Contract in accordance with 19.1, Bluecity will return all paid instalments of the Membership Fee and all other payments received from You within 14 working days after the day on which Bluecity was notified about Your decision to cancel the Membership and this Contract, unless You have made an express request to use the Bluecity Service byÂ reserving or using a Bluecity Car within that 14 day Cooling-off Period, in which case You will be charged any Fees accrued in accordance with these Terms and Conditions. Any reimbursements will be made to the bank account that You have registered with us, against which we have a direct debit instruction. Such refunds will only be made to the individual who made the original purchase. If there is any ambiguity, we reserve the right to request proof of identity.
19.5 If the Member does not cancel the Contract within the Cooling-off Period
If You do not cancel Your Membership and the Contract in accordance with this paragraph 20.1, the Contract shall remain binding on You, all instalments of the Membership Fee paid by You shall be non-refundable and You may only terminate Your Membership and the Contract in accordance with paragraph 21 below.
20. RENEWAL AND TERMINATION OF THE CONTRACT / MEMBERSHIP
20.1 Contract Renewal
As set out, the Bluecity Service will ceaseat midnight 10 February 2020 .Your Membership Period lasts for twelve (12) months from the Activation Date. Your Membership Period will automatically renew until the End Date unless this Contract is terminated by Bluecity in accordance with the terms set out herein or You notify the Customer Relations Centre in writing no less than thirty (30) days in advance of the Renewal Date that You do not wish to renew Your Membership (unless either we or You have terminated earlier in accordance with these Terms and Conditions). If You do not notify the Customer Relations Centre of Your intention not to renew Your Membership within the required timeframe, Your Membership will automatically renew until otherwise terminated by You or us in accordance with the Contract. Unless You do not renew Your Membership in accordance with this paragraph, a new Membership Fee will become due on the Renewal Date.
20.2 Bluecity â€™s Right to Terminate
Bluecity reserves its right to terminate its Contract with You for any reason whatsoever on providing a minimum of thirty (30) days written notice to You.
Futhermore, Bluecity may terminate Your Membership and the Contract with immediate effect by giving You written notice by email: (a) where an Additional Fee becomes payable and in any of the circumstances set out in Schedule 1; (b) if You do not pay any Fees within 30 days of receipt of a formal notice sent to You by Bluecity informing You that such Fees are outstanding. Bluecity may send this notice to the Member Email Address, by text message, or a push notification or by an alert in the Member Area. Any termination under this paragraph 21.1.1(b) does not affect Bluecityâ€™s right to charge You interest on any outstanding amounts, as set out in paragraph 11.3 above; (c) if You materially breach any term or condition in the Contract. However, where it is possible for You to remedy the breach, we will give You notice of this and allow You at least seven (7) days to complete the remedy before exercising our right to terminate; (d) if You are involved in an incident (including any Incident) involving a Bluecity Car that leads Bluecity to reasonably conclude that You are not suitable for continuing Membership; (e) if You engage in any activity or conduct that Bluecity , in its reasonable opinion, determines to be inappropriate, negligent, unacceptable, offensive or abusive; (f) You cease to fulfil any of the Eligibility Criteria; (g) You intentionally or recklessly makes any false or misleading statement to Bluecity ; (h) You permit any other person (other than a Bluecity representative) to drive a Bluecity Car during their Rental Period, or discloses their PIN and/or shares their Bluecity Badge to allow a third party to do so.
20.2.2 Bluecity may also, at its discretion, â€œsuspendâ€ You from taking out a new Contract for the Bluecity Service (or refuse to accept an application for Membership) for a period of time following termination of this Contract. Please refer to Schedule 1 for further details on this.
20.3 Memberâ€™s Request to Terminate
You may terminate Your Contract with Us for any reason whatsoever on providing thirty (30) days written notice including Â where: (i) You previously were, at the Activation Date, resident in the Bluecity Zone, (ii) You have subsequently become resident outside the Bluecity Zone, and (iii) Your continued Membership is causing significant hardship to You. Any termination permitted by Bluecity under this paragraph 21.2 will not be effective until: (a) any ongoing Rental Period ends; and (b) any reservation for a Bluecity Car or Bluecity Parking Space is cancelled, expires or has been completed. If You would like to apply to terminate Your Membership in accordance with this paragraph, please send a written request to the Customer Relations Centre via Your personal area of the Bluecity Website or app.
20.4 Automatic Termination
Your Membership and the Contract will automatically terminate if Your pre-authorisation for the Security Deposit is released or fails for any reason.
20.5 Memberâ€™s Right to Terminate
20.5.1 In the event that Bluecity is in material breach of the Contract or Bluecity is not able to provide the Bluecity Service to You due to an event beyond Bluecity â€™s control, You are entitled to terminate its Membership and the Contract by giving Bluecity written notice. However, to manage the effects of this termination practically, no termination can take effect until: (a) any ongoing Rental Period ends; and (b) any reservation for a Bluecity Car or Bluecity Parking Space is cancelled, expires or has been completed.
20.5.2 As a result of an anticipated progressive decrease in the number of Bluecity Cars provided in the coming months of January and February 2020 until such End Date, and with regard to the reduced availability of these Bluecity Cars, from 12 January 2020 (the â€œEffective Dateâ€ of these varied Terms and Conditions), You shall be Â entitled to terminate discretionarily Your Membership andÂ Contract at any time by providing Bluecity five (5) calendar days notice without cause, by email or Member Area messaging of which we shall provide acknowledgement to you.
20.6 Consequences of Termination
20.6.1 On termination of the Membership and the Contract for any reason: (a) Your right to use the Bluecity Service shall immediately terminate; (b) the Bluecity Badge will be deactivated and will no longer allow access to Bluecity Cars or Charge Points; and (c) You must immediately pay to Bluecity all Fees due. Following termination of the Contract for any reason, You will ensure that the Bluecity Badge is not used for any purpose. On termination of the Membership and Contract by BlueCity under paragraph 20.2.1, in addition to any other rights and claims which Buecity may be entitled to make, any Promotional Codes shall cease to apply to You.
20.6.2 The Bluecity Service will be terminated on 10 February 2020 midnight, the End Date. You must immediately pay to Bluecity all Fees, Additional Fees and more broadly all the sums due under the Contract (including provisions of clause 13). These sums remain due until full payment.
21.1 Insurance Cover
When You are driving a Bluecity Car, You will be covered by the Insurance Cover subject to the scope and limitations described in this paragraph 21 and in Schedule 3 to these Terms and Conditions.
21.2 Scope of Insurance Cover
In order to benefit from the Insurance Cover, You must comply with: (a) the terms of the Contract, including (without limitation) in relation to Your conduct and fitness to drive; (b) the terms and conditions of the Insurance Cover, as summarised in Schedule 3 to these Terms and Conditions.
21.3 Payment of Excess
Your attention is particularly drawn to provisions of the Insurance Cover regarding excess payments. This means that You will be liable to meet a certain amount of most claims under the Insurance Cover.
21.4 Quality and Level of the Insurance Cover
21.4.1 Bluecity warrants that the Insurance Cover provides at least the minimum standard of insurance cover required by law to permit You to drive a Bluecity Car on the public highway in the Bluecity Zone strictly in accordance with the terms of the Contract. This means that, subject to the exclusions and more detailed terms set out in Schedule 3, the Insurance Cover insures You against liability to a third party caused by or arising from Your use of a Bluecity Car on the public highway in accordance with the terms of the Contract, in respect of death, personal injury and/or damage to property suffered by such third party.
21.4.2 Subject to paragraph 22.4.1 above, Bluecity does not warrant or represent that the Insurance Cover is comprehensive or sufficient to meet Your needs. It is Your responsibility to read and understand the nature and limitations of the Insurance Cover (including any action that You must take in order to make a claim under the Insurance Cover), and, if desired, to obtain additional insurance cover from a third party.
21.4.3 You acknowledge that You have read and understood the summary of the Insurance Cover provided in Schedule 3, including the limits and exclusions of such Insurance Cover (including any action that You must take in order to make a claim under the Insurance Cover), and applicable excesses and exceptions to the Insurance Cover. You acknowledge and understand that the Insurance Cover may not cover (or fully cover) Your liability to Bluecity or to a third party, including for damage to the Bluecity Car, injury to You, injury to other people, and / or damage or loss of Member Property or a third party's property, and that despite the Insurance Cover You may be liable directly to Bluecity and/or any third party to whom it has caused damage, injury or loss through its use of the Bluecity Service.
21.5 Your Liability to Bluecity for damage to the Bluecity Car
21.5.1 You acknowledge that the availability to You or any third party (including any passenger in a Bluecity Car operated by the Member) of a claim under the Insurance Cover does not affect Bluecityâ€™s entitlement to bring a claim against You in respect of damage caused by You resulting from a breach of this Contract, the insurance documentation referred to in this paragraph 21 , and/or Applicable Laws, except as set out in this paragraph 21.5.
21.5.2 Bluecity self-insures for the value of each Bluecity Car. This means that, subject to payment by You of the Damage Charges referred to in paragraph 21.5.3 below , Bluecity will not bring a claim against You for any loss that Bluecity suffers as a result of damage to the Bluecity Car arising out of a road traffic accident during a Rental Period, except in the circumstances set out in paragraph 21.5.4 below.
21.5.3 Where during a Rental Period the Bluecity Car is damaged (including but not limited to in a road traffic collision), and it is determined by the Insurer that You were wholly or partially at fault for such damage, You shall pay to Bluecity the relevant Damage Charge. The amount of the Damage Charge will depend on the number of Damage Charges paid by You during Your Membership and any previous Membership.
21.5.4 The circumstances referred to in paragraph 21.5.3 ( in which Bluecity may bring a claim against You for any loss that Bluecity suffers as a result of damage to the Bluecity Car arising during a Rental Period ) are where the damage arose as a result of or in connection with any: (a) breach by You of the Contract; (b) unlawful activity undertaken by You; (c) misrepresentation by You (either to Bluecity or in any accident report, insurance claim or police report); (d) improper use of the Bluecity Car (e.g. transport of flammable materials or explosives or use of the Bluecity Car as a taxi); (e) wilful damage; (f) use of a Bluecity Car other than by You; (g) failure to lock the doors and boot of the Bluecity Car when it is unattended.
22. BLUECITY 'S LIABILITY
22.1 Bluecity will be liable for foreseeable losses that it causes If Bluecity fails to comply with these terms, Bluecity is only responsible for loss or damage You suffer that is a foreseeable result of Bluecity breaking this contract or failing to use reasonable care and skill, but Bluecity is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Bluecity and You knew it might happen, for example, if You discussed it with Bluecity during the Membership Application Process. Please see paragraph 18.2 for the level of service You can expect from Bluecity.
22 . 2 Business Loses The Bluecity Service is only provided for domestic and private use. If You use the Bluecity Service for any commercial, business or re-sale purpose Bluecity will have no liability to You for any loss of profit, loss of business, business interruption, depletion of goodwill, loss of business opportunity or for any indirect or consequential losses.
22.3 No Guarantee of Availability of the Bluecity Service
While Bluecity uses its reasonable endeavours to make the Bluecity Service available, the 24/7 availability of the Bluecity Service is not guaranteed. Because the Bluecity Service is self-service operation, Bluecity shall not be liable if:
(a) a Bluecity Car or Bluecity Parking Space is unavailable at any particular location; or (b) Bluecity is incapable of honouring a reservation for a Bluecity Car or Bluecity Parking Space in the event of an occurrence outside of Bluecity â€™s control, such as another Member failing to return a Bluecity Car at the end of their reservation or the parking or standing by an unauthorised person in the Bluecity Parking Space at the time reserved.
22.4 Right to Suspend Bluecity Service
If, for any reason, a Bluecity Service is Completely Unavailable for a period of more than 5 days, Your sole remedy shall be Bluecity 's extension of the applicable Membership for an equivalent number of days that the Bluecity Service was Completely Unavailable.Â For daily and weekly Members if the Bluecity Service which is the subject of the Membership is Completely Unavailable for more than 50% of the Membership time period, the Member's sole remedy shall be Bluecity 's refund of all paid instalments of the Membership Fee. â€œ Completely Unavailable â€ means the Bluecity Service is completely unavailable for use (though does not include unavailability of a Bluecity Car or Bluecity Parking Space at a particular location).
22.5 Exclusion of Certain Types of Loss
22.5.1 Subject to paragraph 23.8, Bluecity shall not be liable You for: (a) any loss of, or damage to, Your personal property whether during or after using the Bluecity Service, or to any other goods in or on a Bluecity Car, unless such loss or damage is caused by our negligence or if we have breached this contract or failed to use reasonable care and skill; or (b) the unavailability of a Bluecity Car because it has not been returned by another Member or unavailability of a Bluecity Parking Space because it has already been occupied by another Member or a third party (unless we have caused such unavailability by our negligence, such as by failing to implement a reservation that a Member has made).
22.6 Events Outside of Bluecity â€™s Control
Bluecity shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract or inability to comply with a Promotional Code that is caused by: (a) an event outside of Bluecity â€™s control, provided that we take reasonable steps to prevent or minimise delay or impact of the relevant event. These types of events could include (amongst others) strikes or other industrial action by third parties, civil commotion, riot, terrorist attack or threat of terrorist attack, war (whether declared or not), fire, explosion, storm, flood, earthquake, or other natural disaster, failure of or interruption to public or private telecommunications networks that Bluecity does not control, the impact of computer viruses which do not result from Bluecity â€™s negligence, failure or disruption to GPS satellites, signal failures, inability to provide GPS signal to the Bluecity Car due to the geographical location of the Bluecity Car or the implementation of government legislation limiting the transmission of radio-frequency signal, or (b) planned maintenance works or the reinforcement, upgrade or extension of Bluecity â€™s network facilities or the Bluecity Service. Where possible, Bluecity will give Members as much notice of these works as reasonably possible by posting details of such works on the Bluecity Website.
22.7 Bluecity â€™s Maximum Liability to Members
22.7.1 Bluecity â€™s liability to You shall not be limited if Bluecity has failed to provide the Bluecity Service to You with reasonable skill and care or within a reasonable time of entering into this contract.
22.7.2 In circumstances which fall outside of those described at paragraph 23.7.1, and subject to paragraph 23.8, Bluecityâ€™s total liability to You in respect of all other losses arising in connection with this contract shall be limited to Â£20,000. This means that the most You could claim from Bluecity for losses incurred by You in these circumstances would be Â£20,000.
22.8.1 Nothing in this contract shall limit or exclude our liability to a Member for:
22.8.2 death or personal injury caused by Bluecity â€™s negligence;
22.8.3 fraud or fraudulent misrepresentation; or
22.8.4 any other liability which cannot be limited or excluded by applicable law.
23. PERSONAL DATA
APPLICABLE LAW; COMMENTS, ISSUES AND COMPLAINTS
24.1 The Contract is governed by English law. If You bring legal proceedings before a court in respect of any aspect of this Contract, You may only do so in the English courts.
24.2 If You would like to give us any comments or raise any issues in relation to this Contract and/or services provided by Bluecity, please contact the Customer Relations Centre.
24.3 If You would like to raise any complaint about any aspect of the services provided by Bluecity: (a) in the first instance, please raise any comments or complaints with the Customer Relations Centre, who will do their best to resolve the issues behind Your complaint as quickly as possible; (b) if You are not happy with how the Customer Relations Centre has handled any complaint, or how Your complaint was resolved, You are entitled to request that we escalate Your complaint within our organisation; (c) if You remain unhappy with the resolution to Your complaint, we recommend that You commence an alternative dispute resolution process. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court. We subscribe to an ADR scheme operated by the Centre for Effective Dispute Resolution (" CEDR ").Â If You do not feel that we have resolved Your complaint, You can contact CEDR by telephone at +44 (0)20 7536 6000. Raising a complaint with CEDR will frequently be a more cost effective way to resolve a dispute than going to court; or (d) if You would prefer, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform ( http://ec.europa.eu/consumers/odr/ ).
25.1 Contact between You and us
(A) Us contacting You. In most circumstances, if we need to contact You for any reason, we will do so by leaving a message in Your personal area of the Bluecity Website. This will automatically generate an email to Your nominated email address, informing You that You have a new message. You must check Your personal area of the Bluecity Website frequently. Any notices or communication required or permitted to be given to You shall be in writing and shall be sufficiently given if delivered to You in this way.
In some circumstances, we may provide information by other means: for example, when You have successfully returned a Bluecity Car, we will notify You by SMS text message or a push notification or, if we do not have Your SMS text message contact details, by email.
(B) You contacting us. If You need to contact us for any reason, in the first instance You should contact the Customer Relations Centre using the details set out below. Any notices or formal communication required or permitted to be given to us (for example, if You would like to cancel Your Membership) must be in writing, and shall be sufficiently given if sent to the Customer Relations Centre via Your personal area of the Bluecity Website or Bluecity Mobile App.
(b) You can also contact the Customer Relations Centre using any of the following options:
(A) through the contact form on the Bluecity Website;
(B) by using the SOS Button in the Bluecity Car;
(C) by telephone: +44 ( 0)203 695 0500 ;
(D) by post to: Customer Service Team 5 Cavendish Square, London W1G 0PG.
You must notify us immediately if any of Your contact details change. You can do this via Your personal area on the Bluecity Website or Bluecity Mobile App.
26. GENERAL TERMS
26.1 You acknowledge and agree that ownership of the Bluecity Cars, Bluecity Car Accessories and Bluecity Car Documentation remains with Bluecity at all times.
26.2 Nothing in this Contract is intended to, or shall be deemed to establish any partnership, agency or joint venture between You and Bluecity.
26.3 Only You and Bluecity have rights under this Contract. No other person shall have any rights under this Contract. You may not transfer or assign any of You rights or obligations under this Contract to any other person unless Bluecity agrees to this in writing before any such transfer. However, Bluecity may transfer its rights and obligations under this Contract to another organisation at any time. Bluecity will notify You if it plans to do this. If You are unhappy with the transfer You may contact the Customer Relations Centre to end the Contract within thirty (30) days of receiving such notification.
26.4 The rights and remedies provided in this Contract are in addition to, and not exclusive of, any rights or remedies provided by law.
26.5 If Bluecity does not insist immediately that You do anything You are required to do under these terms, or if Bluecity delays in taking steps against You in respect of Your breaking this contract, that will not mean that You do not have to do those things and it will not prevent Bluecity from taking steps against You at a later date. For example, if You miss a payment and Bluecity does not chase You but Bluecity continues to provide the Bluecity Service, Bluecity can still require You to make the payment at a later date.
26.6 The Paragraph headings in these Terms and Conditions are included for convenience only and shall not affect the interpretation of these Terms and Conditions.
26.7 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them (or any part of any of them) are unlawful, the remaining provisions will remain in full force and effect.
26.8 You agree that You shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Contract.
26.9 Nothing in this Contract shall limit or exclude any liability for fraud.
1. RATE OFFER
1.1. The following summarizes the fees and other terms corresponding to the available membership option excluding any applicable sales and use taxes ("Rate Offerâ€).
Figures shown below shall be rounded to two decimal places.
Membership Fee Billed Monthly*
Per MinuteÂ Bluecity Car Rental Fee**
Minimum Rental Fee
Bluecity Standard 12 month Membership
12 month membership billed in monthly instalments starting on the Activation Date
Â£5.00 monthly instalment
**minimum 20 minute Rental Fee of Â£3.80 applies [outside any Rental Package]
4. RENTAL PACKAGES
4.1Â Â Â Â Â Â Â As set out in this Contract, from time to time, the Bluecity Mobile App may display and offer a special promotion of a Rental Package allowing You to rent a Bluecity Car for a predetermined number of hours at a pre-set price for that agreed duration. It will be valid only for rentals from the Bluecity Station displayed in the offer. You will have an opportunity to either take advantage of the Rental Package offer by confirming it in the Bluecity App, or You can always reject the offer and rent according to the standard rates applicable to Your Membership.
4.2Â Â Â Â Â Â Â The Rental Package price is not refundable. If You confirm the Rental Package, the entire Rental Package price will be charged to Your account even if You end up returning the Bluecity Car earlier or not using the Bluecity Car at all. The time left unused in the Rental Package is forfeited and cannot be attributable to a future rental.Â If, however, You keep using the Bluecity Car after the expiration of Your Rental Package, the standard per-minute rate attributable to Your Membership will apply upon the expiration of the Rental Package.Â Anyfree driving time that You may have will not apply to the Rental Package offer but could be applied if You continue renting the Bluecity Car after the expiration of the Rental Package.
*As from 12 January 2020 Membership Fees will not be billed for the months of January and February 2020.
5. DAMAGE CHARGES
Where, during a Rental Period a Bluecity Car is damaged (including but not limited to in a road traffic collision), and it is determined by the Bluecity Insurer that You were wholly or partially at fault for such damage, You shall pay to Bluecity the relevant Damage Charge. The amount of the Damage Charge payable is set out in the table below. Until the payment is received, You are suspended from using the Bluecity Service.
For the avoidance of doubt, the Damage Charge will depend on the number of Damage Charges paid by You during Your current and previous Bluecity Membership(s).
6.;, ADDITIONAL FEES, GATWICK AIRPORT SURCHARGE AND PENALTIES
In the event of any of the following occurrences Your account will be debited for the following amounts:
Charge per Occurrence
Having made a reservation for a Bluecity Car, You fail to collect the reserved Bluecity Car or cancel the reservation within the reserved period
Request for paper copy of invoices
Gatwick Airport surcharge for pick up and drop off at Gatwick Airport
Replacement of Bluecity Badge
Failure to return the Bluecity Car in accordance with the proper return procedure as set out in Schedule 2 (including, without limitation, failure to properly plug in the Bluecity Car and failure to park at a Bluecity Station)
Notwithstanding the charge set out herein, a failure to return a Bluecity Car in accordance with these Terms and Conditions will result in the continuation of the Rental Period and You will be charged accordingly.
Accordingly You will also continue to be charged Rental Fees, up to a maximum of Â£500 for that Rental Period
In addition to the above, You will also be liable for any penalties that may be imposed by the relevant authorities due to non-compliance with Applicable Laws.
Abandonment of the Bluecity Car
Notwithstanding the Penalty of Â£200, an abandonment of a Bluecity Car is a failure to return a Bluecity Car in accordance with these Terms and Conditions which will result in the continuation of the Rental Period.
Accordingly You will also continue to be charged Rental Fees, up to a maximum of Â£500.
In addition to the above, You will also be liable for any penalties that may be imposed by the relevant authorities due to non-compliance with Applicable Laws.
Failure to return a Bluecity Car to a Charging Point when the battery of the Bluecity Car is at 30% or less leading to the immobilization of the Bluecity Car
Notwithstanding the Penalty, You will also continue to be charged Rental Fees until the Bluecity Car is retrieved and returned to the Bluecity Charging Point, up to a maximum of Â£500 for that Rental Period or Rental Package.
Parking in a Bluecity Parking Space reserved by another Member
Failure to stay with a broken down Bluecity Car resulting from or arising out of an accident or incident until repair services arrive (where there are no injuries and it is safe to do so)
Failure to immediately report an accident or any incident involving the Bluecity Car (including, without limitation, theft or vandalism of the Bluecity Car) to Bluecity within two (2) days of any such accident or incident
Failure to send an incident report to Bluecity within 5 days of the incident
Cancellation or epxiry of the credit card used to pay the Security Deposit
Attempt to withdraw any monies by direct debit returned unpaid
Failure to update credit card information where the credit card used for the Security Deposit has been cancelled or expired
Bluecity car is impounded as a result of any breach of law by You
Bluecity car is returned dirty at the end of the Rental Period or Rental Package
A penalty notice, fine or ticket is issued during the Rental Period or Rental Package
Leaving the Bluecity Zone
Â£375 plus applicable towing fees
Using the Bluecity Service with an invalid driving licence
Your Membership will be cancelled immediately, and You will not be permitted to re-subscribe to the Bluecity service for a period of 12 months from the date of the cancellation.
In addition to the above, You will also be liable for any penalties that may be imposed by the relevant authorities due to non-compliance with the Applicable Laws
Using the Bluecity Service while under the influence of drugs or alcohol
Notwithstanding the Penalty, Your Membership shall be cancelled immediately, and You shall not be permitted to re-subscribe to the Bluecity service for a period of 12 months from the date of the cancellation.
In addition to the above, You shall also be liable for any penalties that may be imposed by the relevant authorities due to non-compliance with the Applicable Laws.
Material omission or incorrect information given by You during the Membership application process
Notwithstanding the Penalty, Your Membership shall be cancelled immediately, and You shall not be permitted to re-subscribe to the Bluecity Service for a period of 12 months from the date of the cancellation of Membership.
Bluecity Car is impounded as a result of breach of any Applicable Laws by You
Failure to cooperate with Bluecityâ€™s requests for information or assistance or failure to respond to repeated requests for information from Bluecity
Suspension or cancellation of Bluecity Membership at Bluecityâ€™s discretion
Threats, insults, violence, or profanity, directed at Bluecity personnel
Suspension or cancellation of Bluecity Membership at Bluecityâ€™s discretion.
In addition to the above, Bluecity reserves the right to commence legal proceedings against You.
Usage of Bluecity Car by another person than You, observed by Bluecityâ€™s personnel or relevant authorities
Notwithstanding the penalty, Your Membership will be cancelled immediately, except in a case where Your Bluecity /or PIN was stolen and only if Bluecity has been notified and provided with a copy of a police report that You filed.
For the avoidance of doubt, You will not be permitted to re-subscribe to the Bluecity Service for a period of 6 months from the date of the cancellation of Your Membership.
(Please complete and send this form to the Customer Relations Centre only if You wish to cancel Your Membership and the Contract).
For the attention of:
Bluecity (UK) Ltd
In accordance with my rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, I give notice that I cancel my Membership and the Contract for access to and use of the Bluecity Service.
-Â Â Â Â Â Â Â Â Â Â Â Â Â Membership Date / effective date of the Contract:
-Â Â Â Â Â Â Â Â Â Â Â Â Â Name of Member:
-Â Â Â Â Â Â Â Â Â Â Â Â Â Address of Member:
-Â Â Â Â Â Â Â Â Â Â Â Â Â Today's date:
Signature of Member:
This Schedule summarises the Insurance Cover, which may reimburse You or any person (the third party) for damage as a result of an accident or incident involving a Bluecity Car.
You should also read paragraph 21.5, which summarises Your liability to pay Bluecity for damage to the Bluecity Car, which will apply in certain circumstances. Paragraph 21 also explains that the Insurance Cover is limited and subject to excesses.
The details in this Schedule 3 is a summary and do not form part of any contract of insurance between the Member and the Insurer, and are subject to the terms of the Insurance policy.
YOU MUST READ THIS SCHEDULE, AS IT SUMMARISES THE INSURANCE COVER APPLICABLE TO YOU WHEN YOU DRIVE A BLUECITY CAR.
You should read this Schedule 3 in conjunction with paragraphs 9 (Getting Help), 13 (Memberâ€™s Obligations), 21 (Insurance) and 22 ( Bluecity â€™s Liability) of the Terms and Conditions.
1. WHAT IS INCLUDED IN THE INSURANCE COVER?
1.1 PROTECTION FOR PERSONAL INJURY OF A THIRD PARTY IN THE EVENT OF AN ACCIDENT /INCIDENT INVOLVING THE BLUECITY CAR
Unlimited in respect of death or personal injury to a third party
1.1.1 How does this cover work?
The Insurer will cover Memberâ€™s liability for personal injuries or death to a third party and caused by an accident in which the Member is found liable in law.
1.1.2 What is covered?
Any person including a passenger in the Bluecity Car and caused by or arose from the use by the Member of the Bluecity Car on a road or other public place.
1.1.3 Are there any significant exclusions in relation to a claim by a Member?
Insurers will not reimburse the Memberâ€™s where, for example, at the time of the accident, the Member was:
Â· not legally allowed to drive the Bluecity Car (for example, because he/she did not hold a valid driverâ€™s licence, or because they were under the influence of alcohol or non-prescribed drugs);
Â· participating as a competitor in trials, races, or competitions;
Â· failing to use the Bluecity Car in a safe manner and to comply with the law;
Â· use of a Bluecity Car other than by the Member;
Â· representing or admitting liability without the insurers consent
Â· failure to cooperate with Bluecity / insurers in handling a claim
Â· committing any deliberate or intentional criminal act
1.1.4 Is an excess payable?
No excess is payable under this provision.
1.2 PROTECTION IN THE EVENT OF DAMAGE TO THIRD PARTY PROPERTY OR THEFT AND FIRE TO THE BLUECITY CAR
Damage to third party propertyÂ Â£50 million
First claim: Â£150
Each subsequent claim: Â£300
1.2.1 How does this cover work?
This relates to damage to third party property in which the liability was caused by or arose out of the use by the Member of the Bluecity Car on a road or other public place but excludes damage to the Bluecity Car. Â Â Paragraph 21.5 of the Terms and Conditions summarises Your potential liability to pay Bluecity for damage to the Bluecity Car, which will apply in certain circumstances.
1.2.2 Are there any significant exclusions in making a claim under the insurance policy in relation to damage to Third Party Property, Theft or Fire to the Bluecity Car?
The Insurer will not reimburse for any losses as a result of:
Â· wilful misrepresentation by the Member;
Â· transporting flammable materials;
Â· failure to use the Bluecity Car in a safe manner and comply with the law;
Â· leaving precious goods in the Bluecity Car;
Â· wilful damage;
Â· use of a Bluecity Car other than by a Member;
Â· failure to notify Insurers immediately in writing of any accidents, claims or any court proceedings received;
Â· representing or admitting liability without the insurers consent;
Â· failure to submit a written accident report to the Police;
Â· failure to lock the doors and boot of the Bluecity Car when it is unattended;
Â· driving the Bluecity Car without a valid licence;
Â· failure to cooperate with Bluecity / insurers in handling a claim
Â· committing any deliberate or intentional criminal act
1.2.3 Is an excess payable?
In the event of an accident for which the Member is partly or fully responsible, and where the Member has not made a previous claim under the Insurance policy, the Member must pay the first Â£150 of any claim made.
In the event of an accident for which the Member is partly or fully responsible, and where the Member has made a previous claim under the Insurance Cover, the Member must pay the first Â£300 of any claim made.
2. GENERAL TERMS
2.1 AUTHORISATION TO BRING CLAIMS
Where You may have a legal claim against a third party due to losses incurred that have been reimbursed by the Insurance Cover, You must authorise the Insurer to bring and conduct this claim on Your behalf. This is called subrogation.
2.2 WHAT IF I HAVE ANOTHER INSURANCE POLICY?
If You have an insurance policy of Your own that covers losses which are also covered under the Insurance Cover, You must claim under Your own insurance policy first. You will only be entitled to claim under the Blue City cover for sums which You are unable to recover under Your own insurance policy or from other sources or claims You are entitled to make. `
2.3 SIGNIFICANT EXCLUSIONS FROM ALL POLICIES
You should read the Terms and Conditions in conjunction with this Schedule.
Â· the Insurance Cover may not reimburse You for all damage / loss that You suffer as a result of an accident involving a Bluecity Car and/or Your use of the Bluecity Service; and
Â· the Insurance Cover will not reimburse You for any loss You sustain as a result of damage to any items being transported in the Bluecity Car.