Terms and Conditions

 

These terms and conditions govern the provision of vehicle sharing services (“the Services”) to you by Driveyou Limited (“Driveyou”, “we”, “us”).  Before using the Services, it is important that you review these terms and conditions carefully.

 

We are an Irish registered company registered under company number 728515 with a registered address at Westpoint Court, Block 1, JFK Drive, Naas Road, Dublin 12. You can contact us at info@driveyou.ie.

 

  1. Sign Up

 

  • In order to use the Services, you must first register an account with us and download the Driveyou app (“the App”) on to your device.

 

  • In order to use the Services , you must;

 

  • Provide a valid credit or debit card. We accept Visa and  MasterCard;

 

  • be at least twenty-one years of age and under the age of seventy;

 

  • hold a full driver’s licence for at least two years, which meets the necessary legal requirements for legally driving Drive You vehicles which you wish to use in Ireland and Northern Ireland. We will ask you upon sign up to prove the validity of your driver’s licence and we may ask you to do so at regular intervals thereafter;

 

  • have no more than six penalty points applied to your licence;

 

  • have no road traffic convictions or been disqualified from driving in any jurisdiction for the last ten years;

 

  • have no more than one at fault claim on any motor insurance policy which has been held by you in the last five years;

 

  • have no endorsements on your driving licence in the past five years;

 

  • have a permanent address or residence;

 

 

1.3          We reserve the right to refuse to provide the Services to you in our absolute discretion and no correspondence will be entered into in this regard.

 

 

  1. Booking a Vehicle

 

2.1          In order to book a Drive You vehicle (“the Vehicle”), you must do so through the App and set out the period for which you wish to use the Vehicle (“the Reservation Period”) and the Drive You location (“the Location”) from which you wish to collect the Vehicle. Your booking is not confirmed until you receive a notification from us in the App confirming your booking.

 

2.2          You may cancel your booking at any time, however, where you cancel your booking within three hours of the start of the Reservation Period, you will incur a charge of €25 and you agree that we may charge that to the credit or charge card registered to your account.

 

 

  1. Collection of the Vehicle

 

  • You must collect the Vehicle from the Location during the Reservation Period.

 

  • We will supply the Vehicle to you in good overall and operational condition and without apparent defects.

 

  • You must inspect the Vehicle upon collection and immediately report any damage and/or defect to us. By accepting the Vehicle you confirm that the Vehicle is in good overall and operational condition and without any apparent defects and subject to clause 9.2 below you accept liability for any further damage or loss to the Vehicle howsoever occurring, until the Vehicle is returned to us.

 

  1. Use of the Vehicle

 

  • You must take reasonable care of the Vehicle and ensure that it is locked and secure when not in use and parked in a secure area.

 

  • You must use the correct fuel in the Vehicle at all times. You must also ensure that you and all passengers wear seatbelts and all appropriate child seats and restraints are used for any children in the Vehicle.

 

  • The Vehicle may only be driven by you and you will not drive the Vehicle when you are overtired, under the influence of alcohol, drugs, medication or any other legal or illegal substance impairing your consciousness or ability to react.

 

  • You must not smoke cigarettes and/or electronic cigarettes in the Vehicle.

 

  • Only domestic animals may be transported in the Vehicle, however, they must at all times be in an appropriate locked pet carrier.

 

  • You must not do anything or use the Vehicle in anyway which would invalidate any policy of insurance we may hold in relation to the Vehicle.

 

  • You must not use or allow the Vehicle to be used:

 

  • To carry any passengers or cargo for hire or reward;
  • To take part in any race, rally or other contest;
  • For any illegal or illicit purpose
  • In contravention of any applicable laws, including but not limited to, traffic regulations;
  • for the carriage of a greater number of passengers than the number for which the Vehicle is constructed to carry;
  • to carry out driving tuition or driving tests;
  • on unpaved roads, racetracks, beaches, or in restricted areas;

 

 

 

  • You will not engage in any reckless or careless driving while using the Vehicle including but not limited to speeding or driving while using a mobile phone.

 

  • You must only use the Vehicle on the island of Ireland, and you are not permitted to bring the Vehicle off the island of Ireland.

 

  • You must not service or repair the Vehicle or permit any person to service or repair the Vehicle.

 

  1. Returning the Vehicle

 

  • The Vehicle must be returned at the end of the Reservation Period and parked securely at the Location. If there is no available parking at the Location, you must find a secure parking space as close as possible to the Location and immediately contact us at info@driveyou.ie to advise us where the Vehicle is parked.

 

  • You must return the Vehicle in a clean and tidy condition and remove all items of litter and all personal property from the Vehicle. We will have no responsibility and/or liability for any personal property left in the Vehicle.

 

  • You must ensure that all Vehicle lights are off, all doors and windows are closed, and the key is secured back in the slot in the glovebox.

 

  • You must ensure that the Vehicle is returned at the end of the Reservation Period with a quarter tank of fuel.

 

  • You must obtain our prior consent to extend the Reservation Period and any such extension will be subject to additional charges.

 

  • You must select the “end of reservation” button in the App immediately upon returning the Vehicle.

 

 

  1. Accidents

 

  • You must report any traffic accident, loss, damage or theft to us immediately and to the relevant police services.

 

  • You must not admit liability or guilt in the event of an accident.

 

  • You must obtain details of all other vehicles involved (registration numbers, owners, drivers, insurers and policy numbers) and of all witnesses, names, addresses and telephone numbers. If you do not comply with this request, any insurance on the Vehicle may be void.

 

  • You will agree to cooperate with us and our insurers in any investigation or subsequent legal proceedings arising from the road traffic accident.

 

 

 

  1. Car Sharing Rates 
    • These are the Driveyou car and van share rates.
      From time to time Driveyou rates may vary in accordance with special offers the company applies in app.

 

 

  1. Charges

 

  • We will charge the payment card or charge card registered to your account for the Services in accordance with our current price list as set out on our website. Your registered card will be pre-authorised and charged once the Vehicle is returned to the Location in accordance with clause 5.1 above and/or to us Should we be unable to process the payment your booking will be immediately cancelled without any liability to us.

 

  • In the event that the Vehicle is not returned at the end of the Reservation Period to the Location or the nearest secure car park space, in accordance with clause 5.1 above , we reserve the right to make an additional charge at rates as set out on our website for every hour that the Vehicle is overdue.

 

  • We reserve the right to apply the following charges to your registered card:

 

 

  • A late charge of € 25 when a car is returned significantly late and/or if the next customer is delayed

 

  • A re-fuelling service charge of €25 if the Vehicle is returned with less than one quarter tank of fuel;

 

  • €50 charge if the vehicle is returned in an unclean condition;

 

  • €200 charge for the use of cigarettes or e-cigarettes in the Vehicle;

 

  • €30 administration charge if the Vehicle is clamped, towed, or impounded, in addition to the charges set out in clause 8 below;

 

  • A €50 charge will be imposed if the Vehicle key is not returned in slot in the glovebox;

 

  • A €25 charge will be imposed if the lights are left on the Vehicle and/or the windows are left open;

 

  • A €25 charge will apply if you do not hit the end booking button at the end of or upon returning the Vehicle;

 

  • A €100 charge will apply in the event the Vehicle is returned by you to a location other than the Location and/or the nearest secure car park space to the Location.

 

  • Where payment of invoices are declined post trip, a failed payment processing fee of € 7.50 will be charged so please ensure you have surplus funds on your payment card to cover rental cost as well as costs calculated at the end of trips including KM’s travelled

 

  • M50 barrier free tolls are billed directly to Driveyou and will be recharged to the customer responsible after the M50 has been used.

 

  • You authorise us in advance to debit any charges pursuant to your use of the Vehicle from your credit card or charge card account. In the event that any debit request is denied by your bank or financial institution for any charges arising under these terms and conditions, you will immediately discharge all such charges on demand.

 

  1. Traffic Fines and Toll Charges

 

  • You are responsible for all fines and any consequence of the violation of traffic and parking prohibitions during the Reservation Period and/or while the Vehicle is in your possession and/or under your control.

 

  • Where we are required to pay and handle such fines you agree that we may debit your credit or charge card during the Reservation Period or after the return of the Vehicle with the amount of any fine. We shall, upon request supply you with a copy of the fine notice.

 

  • You are responsible for all toll charges except for the barrier-free M50 toll charges which are paid by Driveyou and you agree that we may debit your credit or charge card during the Reservation Period or after the return of the Vehicle with the amount of any such charge.

 

  1. Your Liability for Loss of Damage to the Vehicle

 

10.1       Subject to clause 9.2, in the event of damage to, or loss or theft of the Vehicle and/or to any third party and/or any other property, including but not limited to any other vehicle, howsoever arising, during the Reservation Period or while the Vehicle is under your possession or control, you must pay us on demand the amount of all costs and losses incurred by us including, but not limited to, the cost of repairs, loss in value, loss of income, recovery and storage charges.

 

10.2       Provided that you comply with these terms and conditions and provided that the loss or damage is not caused intentionally or by the gross negligence of you or by any unauthorised driver your liability under clause 9.1 will be limited to €1500 and you agree that we may charge your credit or charge card with the amount of such loss..

 

 

  1. Liability

 

  • Reference in this clause 10 include every kind of liability arising under or in connection with this Agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

 

  • Nothing in this Agreement limits any liability which cannot be legally limited including but not;

 

  • limited to liability for death or personal injury caused by negligence;

 

  • fraud or fraudulent misrepresentation.

 

  • Subject to clause 10.2, our total liability to you shall not exceed the amount of the charges paid by you in the twelve months prior to the date of the incident giving rise to the liability.

 

  • Subject to clause 10.2, we shall have no liability whatsoever for;

 

  • Loss of profits;
  • Loss of sales of business;
  • Loss of agreements or contracts;
  • Loss of anticipated savings;
  • Loss of or damage to goodwill;
  • Indirect or consequential loss.

 

 

  1. Access to Our Services

 

  • If you choose or are provided with a user identification code, password or any other piece of information as part of our security procedures you must treat such information as confidential and you must not disclose it to any third party. You are responsible for all usage or activity on your account, including safe keeping of your username and password.  You shall not permit any third party to access the Services using your username and/or password.

 

  • We have the right to disable any account at any time if in our reasonable opinion you have failed to comply these terms and conditions.

 

  1. Suspension or Termination of Services

 

  • We may terminate or suspend with immediate effect your account and/or the provision of the Services in the event that you are, in our reasonable opinion, in breach of these terms and conditions.

 

  • We can take back the Vehicle at any time, without notice to you, if you are in breach of these terms and conditions.

 

  1. Updating the Terms and Conditions

 

13.1       We may amend these terms and conditions from time to time, at our sole discretion.  Every time you wish to use the Services and/or access your account, please check these terms to ensure you understand the terms that apply at that time.

 

  1. Governing Law

 

  • These terms and conditions are governed by the laws of Ireland and the Courts of Ireland shall have exclusive jurisdiction over all claims or disputes arising in relation to or arising out of or in connection with these terms and conditions, the Services we provide or your use the Vehicle.