Terms and Conditions
We are Zoom EV (the “Supplier” or “us” or “we” or “Zoom EV”) and our details are as follows:
Zoomcar Share Ltd is a limited Company registered in England and Wales with the Trade name Zoom EV.
Company Registration Number: 11129324
VAT Registration Number: 296465846
Registered office: 40 Thorntree Green, Appleton Thorn, Cheshire, WA44QU
Email address: email@example.com
Should you have any questions, complaints, disputes, concerns or comments regarding these Terms, Zoom EV, our Products or Services, our website or any of our communications, please contact us at firstname.lastname@example.org
The general Terms below apply to all of Zoom EV’s Products and Services; you will then find Terms which are specific to each of our Products and Services under the “Products and Services” section.
“Consumer” or “Customer” means a person who purchases goods and services for personal use
“Member”: means an individual who signs up to use Zoom EV’s Products and / or Services. By signing up to Zoom EV, we consider all customers to be a member of our Community.
“Contract” or “Terms” means a legally binding agreement between you and us for the supply of Goods and / or Services;
“Goods” or “Products” means any Products that we supply to you – these may be included with Services or standalone, of the number and description as set out in the Order (where applicable); all Products are subject to availability.
“Services” means the services provided by us, including any Goods, of the number and description set out in the Order; all Services are subject to availability.
“Order” or “Purchase” means the Customer's order for the Goods or Services from the Supplier;
“Website” means our website www.zoom-ev.com on which the details of our Goods or Services can be found.
“Third party suppliers” or “Partners” means the Businesses we work with in order to provide you with Goods and / or Services; these include but are not limited to auto-dealers, insurers, leasing companies, electric vehicle (“EV”) charging companies, parking companies, energy providers.
1. These Terms apply to the provision of any Zoom EV Products or Services by Zoom EV to you directly through us or through any of our partners; this includes but is not limited to any interactions or purchases made through our website. By using the site and purchasing any of the Goods or Services, you agree to be bound by these Terms.
3. You should only engage with or purchase from Zoom EV if you meet the eligibility criteria set out in these Terms for that specific product or service.
4. We reserve the right to amend these Terms at any time. If a revision meaningfully reduces your rights, we will notify you and clarify your options. By continuing to use or access the Product or Services after the revisions come into effect, you agree to be bound by the revised Terms. We can also make changes to the Products and Services if they are necessary to comply with any applicable law or safety requirement. We will notify you of these changes and will publish the amended version of the Terms here on our website. Your continued use of our Products and / or Services shall indicate your agreement to be bound by the amended ie latest Terms.
5. You are responsible for reading the Terms and Conditions and Privacy Policies set out by Zoom EV's Partners (third party suppliers) ahead of any engagement or purchase with them; all Partners’ Terms and Conditions can be found on their websites.
6. We intend that these Terms apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you e.g. a Business Contract.
7. If you believe that any communication made through or on the website infringes any legal rights that any you may have or is in breach of any of these Terms and Conditions or know of or suspect any unauthorised posting of or attempt to post any communications, you may notify us with specific details, by email, at email@example.com.
8. All Members agree to comply with all reasonable requests from Zoom EV, the police, or any statutory or regulatory authorities in identifying any unauthorised users of the website or of Zoom EV’s Products or Services.
9. The invalidity, unenforceability or illegality of any provision (or part of a provision) of this agreement shall not affect the validity, enforceability or legality of the other provisions. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
10. Any delay or failure to exercise any right or remedy under these Terms shall not be construed as a waiver of that right or remedy or any other right or remedy, and no partial or single exercise of a right or remedy under this agreement will prevent any further exercise of that right or remedy or any other right or remedy.
11. These Terms are for the benefit of Zoom EV and the Members and no third party shall have the right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
Basis of Sale
12. All Products and Services are subject to availability. We reserve the right to reject an Order of any of our Products and Services, although we will try to provide you with the reason without delay.
13. You must ensure that all information you provide to us, including but not limited to, Personal data, Payment data or Business data is accurate and true. This applies to data provided to us at any stage of engagement with you, including but not limited to, the Registration, Ordering and Payment processes. If ,at any stage, you realise that the information provided was inaccurate, you should contact us immediately by email, or make the amends directly on our website to update these.
Fees and Payment
14. Please see the relevant Service section in these Terms for specific details regarding the fees and payment for that particular Service. The points below are related to all of Zoom EV’s Products and Services
15. All Fees and Payment for any of our Products and Services will be made clear to you at the point of purchase on our website or, alternatively, as agreed in writing by us.
16. All payments are processed through Stripe (payment platform) in order to provide safe and secure payments and protect your details.
17. All Fees and Payments include VAT (where applicable) at the rate applicable at the time of the Order.
18. By purchasing our Products and / or Services, you are accepting these Terms.
Governing law, jurisdiction and complaints
19. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
20. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
21. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs Members should contact us directly via our website or at firstname.lastname@example.org and we will work with you to resolve this dispute.
22. By accessing, browsing, downloading or using our website(s), you agree with these Terms and any additional terms, conditions, notices and disclaimers located on our website. If you do not agree to these Terms, do not access, download or use our website. If you are under 16 years of age you must first obtain your parent or guardians consent before accessing, downloading or using our website.
24. The website may provide links to other websites for information (including our partners). Zoom EV has not reviewed these third-party websites and has no control over such sites or resources. Zoom EV does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using such sites.
25. You are responsible for ensuring the security of your computer, mobile or other device (“device”) and the data network that you use to access, browse, download or use our website. This includes taking all reasonable steps to ensure that your device remains secure and your login details (username and password) remain secure and private.
26. With respect to all communications you make to us regarding our websites and all content therein, including, but not limited to, feedback, complaints, questions, comments and suggestions, we shall be free to use, copy, modify, publish or otherwise exploit any ideas, concepts, know-how, content or techniques contained in your communications without notice or payment to you for any purpose whatsoever, including but not limited to the improvement, development, production and marketing of products and services.
27. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or materials without our prior written consent. Such consent is deemed given for standard search engine technology employed by internet search web sites to direct internet users to our website.
28. Our liability regarding our website is as follows:
28.1. Our website and mobile apps are provided “as is”. We do not represent or warrant that the information contained on our website is current, accurate or complete or that our website will be fault or virus free;
28.2. We are not liable to you, or anyone else, for disruptions to the availability of our websites and mobile apps;
28.3. We are not liable for any interference with your device, computer, data or connection used to access our website or mobile apps; and
28.4. We are not liable to you, or anyone else, (including for negligence, breach of contract or tort) for any direct, indirect, special, exemplary, incidental, consequential or punitive loss or damage (including, without limitation, loss of savings, business opportunities, revenue and profit, and damage to goodwill) arising out of your use of our websites, even if we are informed of the possibility of such loss or damage.
29. The Supplier Zoom EV does not exclude liability for:
29.1. any fraudulent act or omission; or
29.2. death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for
29.3. loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or
29.4. loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Products and Services wholly or mainly for your business, trade, craft or profession.
30. You must not use our websites or mobile apps in a way that infringes the intellectual property rights of any person.
31. Our name and logos are registered trademarks and may not be used without our prior written consent.
32. Our website is protected by copyright and other intellectual property rights owned by or licensed to us. This includes all names, logos, text, data, information, graphics, music, sounds, videos, software, technology or processes (“Materials”) are our property and protected by copyright, trademark and other intellectual property laws under applicable law.
33. The website contains copyright material, trademarks, and other proprietary information, all of which is individually and collectively protected by copyrights laws and other intellectual property laws in the United Kingdom and internationally. Except as part of the intended use of the website, a website user must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. Except for content provided by Members, all of the content presented through the website is owned by Zoom EV. All rights are hereby expressly reserved.
34. By making available any Member Content on or through the website, that Member grants Zoom EV a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the website, Zoom EV social media properties, and other channels. Zoom EV does not claim any Ownership rights in any such Member Content and nothing in this agreement will be deemed to restrict any rights that the Member may have to use and exploit any such Member Content.
35. Member’s hereby agree that they are solely responsible for all Member Content that he or she makes available through the website and represents and warrants that:
35.1. they are the sole and exclusive Host of all such Member Content or has all rights, licenses, consents and releases that are necessary to grant to Zoom EV the rights in such Member Content, as contemplated in these Terms; and
35.2. the use by the Member or Zoom EV of that Member Content will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Rights of Third Parties
36. A person who is not a party to these Terms and Conditions or any Booking or any other contractual relationship contemplated by them has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any provision of these terms and conditions or any Booking or any other contractual relationship contemplated by them.
Products and Services
EV Driver Benefits Bundle
37. You must be at least 18 years old to purchase this Product.
38. This Product contains multiple Products and Services that are provided by our Partners (third party suppliers) who are listed on our website. We have packaged up these Products and Services to provide you with our EV Driver Benefits Bundle.
39. The Supplier shall not be liable for the delivery of services provided by our third-party suppliers in conjunction with Zoom EV’s Driver Benefits Bundle. We shall only ensure that the relevant rates are provided by our third-party suppliers. We do take steps to work with you and our Partners to help facilitate service delivery and good customer experience, but we are not liable for their Products and Services once you take them up.
40. Due to the nature of working with third party suppliers who control their offerings, Products and Services, whilst we endeavour to maintain and increase the value of this Product, it is subject to change, both in terms of the Partners and the benefits or discounts (“offerings”) they provide. Therefore, we reserve the right to change the Partners and / or offering of the Product, as well as the associated price of the Product, at any time.
41. There are times where our Partners will have their own offers available outside of the Zoom EV Driver Benefits Bundle. We endeavour to always ensure that our Product is adding additional value above our Partners’ offering, but we cannot guarantee so, as this is in the control of our Partners.
42. The Product is an Annual Subscription, giving you access to these Products or Services provided by our Partners for one year from the date of purchase of the Bundle. That is to say that you have a 12 month window from the start of the subscription to use the benefits. We will automatically renew your Subscription at the end of this period, unless you cancel beforehand. We will attempt to contact you 3 weeks ahead of the subscription renewing to remind you of the renewal, so that you can decide if you would rather cancel.
43. You will have the option to cancel the Subscription for the year ahead at any time up until the date that the subscription renews. You must cancel via our website.
44. As soon as you purchase or renew a subscription, the cancellation will not come into effect until the next year. At the end of the 12 month period, if you choose not to renew, you will lose access to the benefits and discounts that make up Zoom EV’s Driver Benefits Bundle. You will not be charged a cancellation fee.
45. We will provide you access to your Zoom EV Driver Benefits Bundle along with the code(s) which enable you to start using the benefits / discounts straight after your purchase (maximum within 24 hours). You will also receive a confirmation email, please check your junk email if you have not received it. You can access the Zoom EV Driver Benefits Bundle inside your Zoom EV account on our website at any time.
46. On renewal, we will provide you with a new discount code which you may need to re-apply on our partners’ websites / apps to continue receiving the benefit / discount offered by them.
47. £1,000 saving: Zoom EV advertise that Members can save up to £1,000 in the first year. This is based on: annual mileage of 15,000, made up of 8,000 SSE free miles and 7,000 miles paid charging, an EV with a range of 150 miles and assumes 4 on-the-road charges per month. It also assumes 2 days parking per month at £15 per day. It is based on a Member taking up all of the services within the Zoom EV Driver Benefits Bundle (EV charging, Home charger installation and charging, Plugsurfing key and parking). For a full detailed breakdown, contact us and we will provide this to you.
EV Benefits Bundle provided / sold by other Businesses
48. Zoom EV reserve the right to sell our EV Driver Benefits Bundle Product to third parties (for example Car Dealerships, Leasing Companies, any Business etc) at a price agreed directly with them. They, in turn, have the right to sell or provide our Product to their customers who in buying or accepting this Product become Zoom EV members too. We work with Businesses to put controls in place to ensure fair pricing of the Product (ie the price should not exceed the full Zoom EV RRP), but Zoom EV cannot be held accountable for the pricing ultimately charged by them.
49. You are responsible for checking and understanding the Terms of the Business you are engaging with, with respect to their provision of the EV Driver Benefits Bundle. For example, in many cases, a Business may include the first year of the Bundle subscription for free when you purchase their Product or Service. Following the first year, we reserve the right to automatically renew your subscription by charging you directly using the payment details you have provided to us. You will be given 3 weeks notice of the renewal and have the option to cancel ahead of renewal.
Key Benefit Terms
50. Customers are responsible for reading the Terms and Conditions set out by each of Zoom EV's Bundle Partners ahead of purchase of both the Zoom EV Driver Benefits Bundle, and our Partners' own Goods and Services; these can be found on each of our Partner's websites. However, below are the key terms in relation to the EV Bundle Product at the time of writing:
50.1. Public Charging - BP Pulse: New customers can access the BP Pulse network (formerly Polar Plus) network via a BP Pulse subscription, which will be free* for the first 3 months and then £6.85 per month thereafter, saving customers 12.5% per month (compared to the normal monthly cost of £7.85.) Upon any further renewals of the Zoom EV Bundle, the customer will continue to receive the monthly discount but will not receive another 3 months free charging. *You will still be charged for any electricity on a per kWh basis, if you use a post that has a chargeable tariff
50.2. Public Charging - Osprey: Customers get 1 month free rapid charging + 18% monthly discount. The 18% discount on Osprey’s charging is based on customers paying 29.5p per kWh, compared to 36p per kWh on the PAYG rate.
50.3. Home Charging : Through Zoom EV, you will receive £50 off the current RRP price (charging unit and installation). This discount applies only to the BP Chargemaster Homecharge unit or the EO Mini Smart Home charger. Please note that the EO Mini Smart Home charger is a Wi-Fi enabled charger; it is designed to be installed outside and to reach a Wi-Fi router based inside the customer’s house. The Wi-Fi signal strength is critical to the successful installation of the product. The BP Chargemaster Homecharge unit, however, includes a SIM and works for customers who do not have sufficient Wi-Fi to reach the unit outside.
50.4. EV Energy Tariffs - SSE : Under SSE’s Fix and Drive V3 tariff, charging is free during off-peak hours only, as defined by the energy provider. SSE will credit your account for the cost of the electricity you use during the off-peak times of your meter, up to 2,000 kWh over the year. SSE will spread this credit over the year and apply it to each quarterly bill. That's enough to drive up to 8,000 miles for free (based on the rated consumption of a TESLA model 3 Standard Range Plus). This tariff is for domestic dual fuel customers and is a residential only offering. Access the full tariff T&Cs here. The “SSE” name and the accompanying logos are owned by, and registered trademarks of, SSE plc and its subsidiaries and are licenced to SSE Energy Services (SSE’s GB domestic retail business, and formerly part of the SSE Group) which became part of the OVO family in January 2020.
50.5. EV Energy Tariffs - SSE – BP Pulse Credit : On taking up the Fix and Drive V3 tariff, you will receive a £20 charging credit when you sign up to BP Pulse (formerly Polar Plus) through Zoom EV. The £20 charging credit is only available to new BP Pulse customers who have signed up to the energy tariff, SSE Fix and Drive v3, via Zoom EV. To apply the £20 charging credit to your BP Pulse account, you will have to enter the promo-code emailed to you by Zoom EV into the BP Pulse app. You will receive the promo-code from Zoom EV within 30 calendar days of becoming an SSE customer on the SSE Fix and Drive v3 tariff. If you have not set up your BP Pulse account, Zoom EV will email you the promo-code for your charging credit within 30 days of you doing so. You must apply this charging credit to your BP Pulse account by entering the promo-code in the app within 4 months of signing up to the SSE Fix and Drive v3 tariff.
50.6. EV Energy Tariffs - Tonik: The Tonik benefit has been removed from the bundle as of 12.10.20 due to the discontinuation of Tonik's services
51. Insurance (Quotes for your EV)
51.1 Zoom EV simply refers customers to our insurance partners who include but are not limited to Direct Line and By Miles, so that our customers can receive a quote. Our insurance is provided by one or multiple Partners (third party suppliers). Once this Service has been taken up by you through Zoom EV, all customer service and delivery of this Service is the responsibility of the Partner. Zoom EV are by no means responsible for the quality of the product or service that is being provided by our insurance partner.
51.2 Any Quotation or Estimate provided by our Partners is subject to their own Terms, including but not limited to, how long this is valid for.
Fees and Payment Information
51.4 Payment will be made directly by the customer to our insurance Partner. Zoom EV may receive a referral fee if contractually agreed with the insurance partner.
Zoom EV is a credit broker, authorised and regulated by the FCA. Zoom EV is a trading style of Zoomcar Share Limited who is authorised and regulated by the Financial Conduct Authority (reference number 939216). Not all types of business undertaken are authorised and regulated by the Financial Conduct Authority. Zoomcar Share Limited is a credit broker and not a lender and is registered in England; registered address: 40 Thorntree Green, Appleton Thorn, Warrington, Cheshire, WA4 4QU
52.1. Zoom EV offers a range of services to help adoption of electric vehicles. One such service is the sourcing and financing of electric vehicles. To do this, we are registered with the Financial Conduct Authority as a credit broker. We arrange finance with a lender on your behalf after you have agreed to the cost and lender charges. We offer a range of products from a select panel of lenders. Our staff will advise and make recommendations for you based on an assessment of your needs and affordability. We will quote figures based on our lenders pricing. The lender reserves the right to change or decline these quotes based on receipt of the full proposal. We are not linked to any of our lending panel members.
52.2. With your permission we may approach more than one lender in order to obtain credit acceptance where credit is rejected by the first lender approached. This may result in more than one credit search being registered (where applicable). Additional information may also be required by lenders. You (the consumer) acknowledge that any organisation approached for credit will need to undertake credit checks with a credit reference agency which will be recorded on your credit file and may have implications on your ability to obtain credit in future. We will conduct a confirmation of your financial suitability via an affordability check which will not leave a footprint on your credit record. The selected lender may check this again using a credit search or check that may leave a footprint on your credit record.
52.3. These Terms of Business set out the terms and conditions under which we conduct our business. Zoom EV (Zoomcar Share Limited) is authorised and regulated by the Financial Conduct Authority (reference number 939216). Not all types of business undertaken are authorised and regulated by the Financial Conduct Authority. Zoom EV (Zoomcar Share Limited) is a credit broker and not a lender and is registered in England; registered address 40, Thorntree Green, Appleton Thorn, Warrington, Cheshire, WA4 4QU.
52.4. Zoom EV is a partner of Fleet Alliance Limited, a credit broker registered in Scotland. No. 235634. Registered Address: Skypark 1, 8 Elliot Place, Glasgow, G3 8EP. Under the terms of this partnership, Zoom EV use certain tools, IT portals and administration services which are provided to us to gain access to vehicle suppliers and a panel of lenders.
52.5. At Zoom EV, we always aim to treat customers fairly. We pride ourselves on offering the best combination of advice, products, competitive pricing and outstanding service. We endeavour to conduct our business with skill, care and integrity, be transparent, respect your confidentiality and not put ourselves in a position where our duty to you is compromised.
52.6. Through the partnership with Fleet Alliance Limited, Zoom EV can provide the following Regulated and unregulated products:
i. Personal Contract Hire
ii. Business Contract Hire (applicable to soletraders/partnerships of 3 or less partners)
iii. Finance Lease/Flexi Lease (may be applicable to sole traders/partnerships of 3 or less partners depending on the finance provider)
iv. Business Contract Hire (Limited Companies, PLC’s and LLP’s and partnerships of 4 or more partners)
v. Finance Lease/Flexi Lease
vi. Exceptionally, Business Contract Purchase / Cash Sale
52.7 A detailed fact sheet explaining each of our products will be made available to you, this outlines how each works, the timing and frequency of payments, the benefits and risks of each, end of contract charges, maintenance and excess mileage charges to help you make an informed decision.
52.8 You may also have the option to include vehicle service maintenance and repairs, which means you can budget predictably for all your motoring costs.
52.9 Excess mileage charges occur when you go over your agreed mileage. This excess mileage charge is calculated at the end of the contract period and will vary depending on the vehicle type and the contract type.
52.10 At the end of your agreement, you will need to return the vehicle to the finance company in the case of personal or business contract hire, or, in the case of flexi lease, have the option to sell it . There is no option to purchase the vehicle. Leased vehicles cannot be used for hire and reward purposes such as taxi or chauffeur services.
52.11 The residual value of a car at the end of a contract is based on an assumed condition that it is close to ‘ready to retail’ and that it meets industry standard BVRLA Fair Wear and Tear guidelines. Major dents, scratches and kerbed wheels, for example, are outside these guidelines. The charges are applied to rectify these faults and will be passed onto you.
52.12 Where the consumer is a person or regulated business you will have a cooling-off period of up to 14 days within which to cancel the order. If, on reflection and within the cancellation period, you are unhappy with any part of the finance agreement, you may exercise your rights to cancel under the Consumer Credit Directive. Cooling-off periods vary by lender and product type. Full details will be included in your finance contract with the lender.
52.13 Vehicle availability and delivery dates are provided to you at the point of order based on estimates provided to us by our suppliers. These estimates may be subject to change and are intended to be an estimate only. We endeavour to meet these estimates and confirmed delivery dates will be provided to you once confirmed by our suppliers. In the event that a delay occurs as a result of a supplier, Zoom EV does not accept liability for any losses incurred as a result.
52.14 We do not charge a fee for our service but may receive a commission or loyalty bonus as a result of placing your finance with a lender. Commission earned does not influence our decision to place your finance with a particular lender. You are entitled at any time to request further information regarding commission earned.
Unless otherwise stated as applying only to Hosts or Guests, the Terms and Conditions shall apply to all Members.
For the purpose of these Terms specifically related to Car Sharing, the following words have the meaning set out below:
“Acceptable Vehicle Use”: means the following activities are not carried out; carriage of passengers for hire and reward; or carriage of goods for hire and reward or use in any rally or competition or motor trial or on any race track;
“Booking”: means a discrete hire agreement in relation to a Vehicle that is made between a Guest and the relevant Host in accordance with these terms. The Booking details shall specify the relevant Hire Period and the associated charges;
“Booking Confirmation”: is the acceptance of a Booking Request by a Host and the issuing of an email via the website;
“Booking Fee” (where applicable): means the booking handling fee (See Value in Table 7) including VAT payable by the relevant Guest to Zoom EV in relation to each Booking;
“Booking Request”: a request made via a Guest to a Host for the use of their Vehicle for a specific time via the website;
“Breakdown Fees” (where applicable): means, in relation to a Booking, the sum payable by the relevant Guest for the Breakdown Cover for their specified usage of the vehicle;
“Breakdown Policy”: means the breakdown policy in place for the utilisation of vehicles on Zoom EV’s website;
“Commission”: means, in relation to each Booking, the amount kept by Zoom EV for the performance of the service;
“Member Eligibility / Eligible Person”: means any person who is eligible to use Zoom EV’s Car Sharing services at the point that you join Zoom EV’s Car Sharing community, and / or you book a vehicle and / or you use that vehicle. The following Eligibility rules apply to all Members; if you are not eligible as per the below criteria, you should not use Zoom EV’s Car Sharing services, otherwise you are in breach of contract. If your circumstances change between making the booking and taking the vehicle (up until the end of the booking) that means you are no longer eligible to drive, you should cancel the booking and inform Zoom EV.
Table 1 Member Eligibility
“Insurance Fees” (where applicable): means, in relation to a Booking, the sum payable by the relevant Guest for the Insurance Policy for their specified usage of the Vehicle;
“Insurance Policy”: means the motor insurance in place for the utilisation of vehicles being operated by a fleet or organisation, or the motor insurance organised for the utilisation of vehicles between individuals;
“Member”: means an individual who signs up to use Zoom EV’s Products and / or Services. By signing up to Zoom EV, we consider all customers to be a member of our Community.
“Minimum Booking Period”: is a period of one hour in the day; This will be imposed by the Website user experience.
“Minimum Notice for Booking”: A Guest can only request to book a vehicle with minimum of 4 hours notice before the booking start time / date. This is to provide the Host with enough time to make the vehicle available and prepare it in terms of charge and cleanliness etc. This will be imposed by the Website user experience.
“Minimum Vehicle Specification”: means the minimum specification that a vehicle needs to be at the point that it is registered on the Zoom EV Car Sharing platform and / or booked and / or used by a Guest. If the vehicle is not eligible as per the below criteria, you should not register this vehicle for Zoom EV’s Car Sharing services, otherwise you are in breach of contract. If the Vehicle specification changes between the time that it is registered on the platform and the time that the vehicle is used (up until the end of the booking) and it no longer meets the Minimum Vehicle Specification, you should freeze or remove the vehicle from Zoom EV’s platform immediately, cancel any upcoming bookings and inform Zoom EV.
Table 2 Minimum Vehicle Specification / Eligible Vehicle
“Vehicle Condition and Roadworthiness”: means the condition that a vehicle needs to be at the point that it is registered on the Zoom EV Car Sharing platform and / or booked and / or used by a Guest. If the vehicle is not eligible as per the below criteria, you should not register this vehicle for Zoom EV’s Car Sharing services, otherwise you are in breach of contract. If the Vehicle condition or roadworthiness changes between the time that it is registered on the platform and the time that the vehicle is used (up until the end of the booking) and it no longer meets this criteria, you should freeze or remove the vehicle from Zoom EV’s platform immediately, cancel any upcoming bookings and inform Zoom EV.
Table 3 Vehicle Condition & Roadworthiness - Criteria
“Host” or “Host”: a Member who signs up to make a Vehicle/Vehicles available to share via the Site (this term applies to individuals, fleet operators and organisations using Zoom EV’s platform and services);
“Pick-up or Drop Off Grace Period”: a period of 15 minutes that both Host and Guest grant each other when completing the pick-up or drop-off process for the Vehicle;
“Guest” or “Sharer”: a Member who has been approved to use the Site and can request a Vehicle and can book a Vehicle from a Host via the Site (this term includes for employees booking organisation vehicles).
“Sharing Fee”: the fee a Guest pays for the usage of a Vehicle that covers their time requirements and certain applicable costs;
“Sharing Period”: means, in relation to a Booking, the period of hire/ use (and any extension thereto) agreed between the relevant Host and the relevant Guest, including time spent inspecting the Vehicle; It is the period for which the Guest books the Host’s Vehicle which is stated on the Booking Confirmation;
“Guest Exclusions”: means, in relation to a Booking, circumstances giving the Host reasonable justification to believe that the Guest:
(a) is unfit to drive;
(b) is an Excluded Person / is Ineligible;
(c) does not have their driving license with them;
(d) intends to use the Vehicle other than in accordance with these Terms and Conditions;
“Services”: the listing and booking services provided by Zoom EV through the EV sharing website.
“Vehicle”: the electric or plug-in hybrid car / van / mode of transport and all its documents, tools, fittings, components, standard equipment (including jack, spare tyre, etc), whether mechanical or otherwise, the subject of a Booking.
“Vehicle Eligibility”: A vehicle must meet the Minimum Vehicle Specification as well as the Vehicle Condition and Roadworthiness criteria outlined in this document in order to be deemed ‘eligible’ for sharing with Zoom EV.
“Vehicle Exclusions”: means, in relation to a Booking, circumstances giving the Guest reasonable justification to not want to proceed with the Booking due to the following reasons:
(a) the Vehicle does not meet the conditions specified in the definition of "Vehicle" described above;
(b) the Host is unwilling to allow the Guest to take pictures of existing damage on the vehicle identified by the Guest;
(c) the Vehicle's battery has insufficient charge.
“Website”: means the website www.zoom-ev.com/share-an-ev
53. Zoom EV’s involvement in Car Sharing Services
53.1 The Services provided through the Car Sharing website allow Hosts to create a listing for their Vehicle(s) and allow Guests to find out information about what Vehicles are available for sharing / usage and to make a booking. Zoom EV works to facilitate the hiring of Vehicles by Guests from Hosts. Zoom EV provides a way to organise bookings and payments for these arrangements.
53.2 Unless explicitly specified otherwise on Zoom EV’s platform, Zoom EV's responsibilities are limited to:
53.3 facilitating the availability of the website and Services:
53.4 serving as the limited payment collection agent of each Member for the purpose of:
53.4.1 Accepting payments from Guests on behalf of the Host and then providing these to the Host
53.4.2 Accepting payments including the Sharing Fee, Booking Fee, Breakdown Fee, Insurance Fee, and any other fees outlined on the website.
53.4.3 serving as the limited payment collection agent of each member in circumstances identified throughout this Terms and Conditions document and
53.4.4 providing (where applicable) breakdown cover for acceptable Vehicles when being hired out via the platform.
53.3 The contract for Vehicle sharing / usage is strictly between the Host and the Guest. Zoom EV is not party to the sharing agreement between the Host and the Guest and Zoom EV does not have any control over and is not responsible for the actions or conduct of either the Host or the Guest. Agreeing to these terms means accepting to be legally bound by them. If you do not agree to this, then you may not use the services.
53.4 Zoom EV does not endorse any Member or any Vehicle. By using Zoom EV’s website or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm, and not to claim against Zoom EV. We encourage you to communicate directly with other Members on the website regarding any Bookings made by you.
53.5 Zoom EV does not control the content contained in any Host’s listings and the condition, legality or suitability for use of any Host’s Vehicle. Zoom EV is not responsible for and disclaims any and all liability related to any and all Host’s listings and Host’s Vehicles, accordingly, any bookings will be made or accepted at the Member's own risk.
54. How Zoom EV’s website and services work
54.1 Zoom EV’s website and Services can be used to facilitate the listing and booking of Vehicles for hire / usage. Such Vehicles are included in listings on the site by Hosts. You may view listings as an unregistered visitor to the website and Services; however, if you wish to book a Vehicle or create a listing, you must first register as a Member.
54.2 As stated above, Zoom EV provides an online platform for Guests and Hosts to arrange to share and utilise Vehicles directly with each other.
54.3 Zoom EV reserves the right to enable the utilisation of Vehicles with certain partners on a not-for-profit basis. There may be select scenarios whereby certain organisations want to operate a scheme internally to benefit their employees on a cost recovery basis only. Zoom EV’s platform and services could be utilised as a service in this scenario and are also utilised on a cost recovery basis. See Appendix A for further details on such schemes.
55. General Conduct
55.1 All members must:
55.1.1 Provide accurate, valid and complete information on their profile and keep this up to date at all times.
55.1.2 Not post offensive, defamatory or false claims on reviews. Not adhering to this may result in members being removed from Zoom EV’s website and community. This is at Zoom EV’s absolute discretion.
55.1.3 Never publicly share, post online or misuse other member’s contact information.
55.1.4 Take the time to explain the basics of how the vehicle works (starts, stops, charges etc) to any Guest who asks or is unsure to ensure we are promoting a safe sharing community.
56. Member Eligibility and Registration
56.1 Customers must meet the “Member Eligibility” definition and criteria provided in the definition section of these Terms to become a member of Zoom EV. Zoom EV reserve the right to decline any application to join the platform.
56.2 Once and if accepted, each Member must ensure to keep their contact details up to date through the website. Any mobile phone number and email address provided must be personal to, and readily accessible by, such Member. Each Member must respond promptly to requests by Zoom EV for updates to any information provided to Zoom EV. Each Member must inform Zoom EV immediately if he or she no longer meets the “Member Eligibility” criteria applicable to his or her membership. It is the Member’s responsibility to ensure that they continuously meet the eligibility criteria or otherwise request the deletion of their account.
56.3 All Members must co-operate with and assist Zoom EV in good faith (including responding promptly to communications), and provide such information and take such actions as may be reasonably requested by Zoom EV in connection with any complaints, claims, charges or notices relating to Bookings, or with respect to any investigation undertaken by Zoom EV or its representatives, its insurers or the police, regarding any insurance claims, use or abuse of the website or any other investigations.
56.4 Whereby schemes are run by Hosts such as fleet operators or organisations, Members will also be required to meet the Hosts / operators criteria as well and whereby they don’t meet these criteria will not be able to utilise these vehicles.
56.5 Where applicable, any and all applications for membership which reference a promotional offer acknowledges and accepts the Terms and Conditions of such offer as set out on the website. The use of any Vehicle / Vehicles as part of such offer shall be in accordance with these Terms and Conditions of Service.
56.6 Zoom EV endeavours to only allow safe Guests and Vehicles to use the service. To minimise the risk of damage, only safe (vetted/approved with a safe record) drivers can become Guests. Zoom EV will use reasonable efforts to undertake online verification of all participating Hosts and Guests, using a number of third-party databases to ensure Guests meet our eligibility criteria. This includes but is not limited to entering and verifying the checkcode generated by our Members on the DVLA / GOV.UK website.
56.7 Zoom EV may at its own discretion seek to perform further verification and validation checks about a Member or their Vehicle by contacting Hosts or Guests via phone, email or video call as part of its process of endeavouring to only allow safe Guests and Vehicles to be able to use the site.
57. Host Registration
57.1 You may apply to become a Host by submitting your details and those of your Vehicle for inclusion on Zoom EV’s car sharing website, in accordance with the procedure set out on the website. Acceptance of you as a registered Host will be subject to you meeting the
“Member Eligibility” criteria and to your Vehicle meeting the “Minimum Vehicle Specification” criteria as well as the “Vehicle Condition and Roadworthiness” criteria outlined in the Definitions sections of these Terms, and subject always to Zoom EV’s sole discretion to refuse any application. As a Host, sharing your Vehicle / Vehicles on Zoom EV’s website is your responsibility.
57.2 In instances whereby Hosts are operators wanting to utilise Zoom EV’s platform and services to run certain schemes, the inclusion of such vehicles on Zoom EV’s platform are the responsibility of the operator / organisation. As a Host, sharing your Vehicle / Vehicles is your responsibility and you must ensure that the vehicles meet the “Minimum Vehicle Specification” criteria as well as the “Vehicle Condition and Roadworthiness” criteria outlined in the Definitions sections of these Terms.
57.3 Once registered, a Host may, using the Vehicle registration tools made available on the website, register one or more eligible Vehicles and make them available to be shared by Guests. The Host shall have the option to update the charges for the Vehicle / Vehicles through their dashboard management tool on the site.
57.4 In relation to each Vehicle that is registered as a Vehicle by a Host, the Host represents that the Vehicle is owned by the Member who has completed the registration process as a Host; and the use of the Vehicle by Guests will not breach any agreement with third parties; and during each Booking, will comply with the “Minimum Vehicle Specification” criteria as well as the “Vehicle Condition and Roadworthiness” criteria. If a Host is registering on the Zoom EV platform as an individual (and not a business), they must personally own the vehicle and not be operating as a business, as these circumstances will not be covered by insurance and would be in breach of these Terms. Anyone who wishes to register as and operates as a business, much come directly to Zoom EV to request to be added as a partner.
57.5 Whereby vehicles are registered by Hosts who are operators, the organisations are responsible for the registration of the Vehicle / Vehicles on the platform and warrant that the use of the Vehicle by Guests shall not breach any agreement with third parties; and during each Booking, will comply with the “Minimum Vehicle Specification” criteria as well as the “Vehicle Condition and Roadworthiness” criteria.
57.6 During the registration process, Zoom EV may, at its own discretion, conduct searches of third-party vehicle and credit databases in order to corroborate information submitted by Hosts. In the event Zoom EV has reason to believe that a Vehicle does not meet the Eligibility criteria as defined above, Zoom EV reserves the right to reject any attempt to register such Vehicle and the Host undertakes to immediately de-register their Vehicle from the website.
57.7 The Host undertakes to notify Zoom EV, and any Guest who has made a Booking in respect of any Vehicle that has been de-registered, that the Vehicle is no longer available to fulfil Bookings. Any Booking made in respect of any Vehicle that has not been successfully registered, or has been de-registered, shall be deemed to have been cancelled by the Host.
57.8 If the Host smokes in their Vehicle, it is their responsibility to include this information in the listing of the Vehicle on the Site.
58. Guest Registration
58.1 You may apply to become a Guest by submitting your profile information, in accordance with the procedure set out on the website. Acceptance of a Member as a Guest will be subject to the Member successfully meeting Zoom EV’s “Member Eligibility” criteria specified in the definitions section of these Terms, and subject as always to Zoom EV’s sole discretion to refuse any application.
58.2 Only registered and approved Guests may make a Booking and only the Guest making the Booking may drive the relevant Vehicle.
58.3 Registering on the platform does not entitle the use of each and every vehicle on the site. Some vehicles will be for the express use of certain individuals such as (but not limited to) employees of organisations who have the ability to utilise that organisation’s vehicles and have the necessary approvals to use such vehicles. These vehicles shall be identified as for these employees, only within the vehicle profile.
58.4 Guests warrant to Zoom EV, and to each Host to whom a Booking request is made, that they are not at the date of such request and will not be at any time during the Sharing Period, an Excluded Person. Zoom EV reserves the right to reject any attempt by any person to register as a Guest, and/or to de-register any person who has previously been successfully registered as a Guest, in the event that Zoom EV has reason to believe that such person is or may be an Excluded Person. Any Guest who becomes an Excluded Person undertakes immediately to de-register themselves as a Guest and inform Zoom EV.
58.5 Any person who has been de-registered as a Guest undertakes to notify both Zoom EV and any Host who has accepted a Booking from them, that they are no longer available to fulfil Bookings. Any Booking made in respect of any person who has not been successfully registered as a Guest, or has been de-registered, shall be deemed to have been cancelled by the Guest.
59. Membership Termination
59.1 Termination of any Member's Membership is without prejudice to any of rights or obligations (including the obligation to pay any money and the right to receive any money) that accrue under any Booking that was agreed prior to such termination.
59.2 Zoom EV reserves the right to suspend or terminate the membership of any Member, in its discretion and without liability to the Member, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel a Member’s membership and their online account.
59.3 Zoom EV reserves the right to require proof of identity or a security deposit when reinstating membership.
59.4 Whereby Zoom EV runs schemes for Hosts who are operating fleets, Zoom EV may be requested to remove certain individuals from the scheme. Zoom EV reserves the right to remove, suspend or terminate the membership of the member, without any liability, on behalf of the Host.
59.5 Where applicable, on termination or cessation of membership, the Host agrees within 30 days to return, at the Host's expense, all equipment and accessories provided by Zoom EV to Zoom EV’s offices.
59.6 Zoom EV reserves the right to charge an Administration fee where they have had to terminate a Membership
60. Vehicle Eligibility and Registration
60.1 It is the responsibility of the Host to ensure that the Vehicle is eligible to be on Zoom EV’s website. In order for a vehicle to be eligible, it must meet the “Minimum Vehicle Specification” as well as the “Vehicle Condition and Roadworthiness standards” defined in these Terms. The vehicle must meet all of these criteria at all times ie at the point of registration, booking and up until the end of the sharing session. If at any point the vehicle does not meet these criteria, it is the responsibility of the Host to freeze or remove the vehicle from Zoom EV’s website until such a time that it is eligible.
60.2 It is the Host’s responsibility to maintain the Vehicle / their Vehicles’ to at least the manufacturer's recommended standard (including timely servicing and observing recommendations as to tyre tread depth) and will maintain a valid MOT certificate. The Host will also maintain valid vehicle tax and meet any other statutory requirements for use of a vehicle on public roads in the UK. The Host will provide reasonable documentation to evidence this, if requested by Zoom EV.
60.3 Zoom EV completes vehicle checks prior to approval on and usage of our platform. This is in order to build a safe sharing community. For vehicles, the checks that Zoom EV carry out include, but are not limited to, MOT, Insurance and Tax checks (as well as ensuring all vehicles are fully electric or plug-in hybrids) using the DVLA / GOV.UK website and Ask MID website. In addition, we use a service called CDL Vehicle Data to collect and pre-populate data about the vehicle itself; Zoom EV are not responsible for ensuring this data is accurate; it is the responsibility of the Host to check this data at the time of registering their vehicle and update it if it is incorrect.
60.4 Zoom EV does not undertake any safety checks of the Host’s vehicles offered for hire by Zoom EV Vehicle Hosts on the website. It is the responsibility of the Host to ensure compliance with the Vehicle eligibility requirements and for the Guest to be satisfied this responsibility has been discharged.
61. Obligations of the Host
61.1 The Host must be the legal Host and registered keeper of the Vehicle. If listing a Vehicle that belongs to a spouse or civil partner, or if the Vehicle’s registration certificate (V5C) is in the name of a spouse or civil partner it is the Host’s responsibility to ensure that their permission has been sought.
61.2 Whereby a Vehicle / Vehicles are registered by Hosts that are organisations or fleet operators, the Host warrants that they are the legal Hosts / registered keepers of the vehicles and are completely responsible for the utilisation of vehicles included on Zoom EV’s platform.
61.3 Whereby Zoom EV enables Hosts who are organisations or operators to share their Vehicles, the Host (organisation / operator) is responsible for these Vehicles. Zoom EV may help organisations with the registration process of their Vehicles and may help manage accounts where requested, however, the responsibility of the vehicles, including all bookings facilitated for these vehicles, lies with the Host.
61.4 The Host is responsible for ensuring that they have their own underlying comprehensive insurance in the UK for the Vehicle / Vehicles throughout the Sharing Period and for informing any relevant third parties of them sharing their Vehicle on Zoom EV’s platform. Any discrepancies could result in the refusal of a claim, and in your membership to Zoom EV’s platform being revoked. Where the Host is an organisation or fleet operator sharing their Vehicle / Vehicles, whilst Zoom EV will provide comprehensive insurance during the sharing period, it is still a requirement and their responsibility for ensuring that the Vehicle / Vehicles have the required comprehensive insurance in place.
61.5 The Host must complete the following steps at the start and end of the Sharing period. These steps will be outlined to the Host ahead of each booking on the website and the website will reflect all the latest changes to the steps that must be taken :
Table 4 Host Checklist
61.6 The Host should ensure that, at the start of each Sharing period, the Vehicle / Vehicles are clean and tidy and free from debris, rubbish and any of the Host's personal items. Any personal items left in the Vehicle are left at the Host's own risk as loss and damage to such items will not be covered.
61.7 The Host must take images of any scratches, bumps and dents in the bodywork and any other defects, abnormalities or damage to the Vehicle, which the Host must make available to the Guest before the sharing session begins. When the Vehicle is returned to the Host in person, the Host must inspect and agree the condition of the returned Vehicle at time of drop off and must take four pictures of the vehicle (front, rear and both sides). Failure to comply with these damage logging procedures may result in any claim under the Insurance being refused or the Host being liable to a Damage Logging Fee (the amount for which is set out in Table 8).
61.8 If there are any problems with the Vehicle at the start of the Sharing period, or if the Vehicle breaks down during the Sharing period, the Guest may apply to Zoom EV for a full or partial refund of the Sharing Fee, depending on the circumstances and at Zoom EV's sole discretion. Where a full or partial refund is made, the Host’s payment for the Booking will be reduced by such amount.
61.9 The Host undertakes to make their Vehicle / Vehicles available on the website to share for the first time within thirty (30) days of acceptance on to Zoom EV’s platform. Thereafter, no minimum availability requirements apply.
61.10 Host’s shall respond reasonably promptly to all Booking Requests. Zoom EV reserves the right, at its sole discretion, to withdraw a Host 's membership if the Host consistently rejects, or fails to respond to, Booking Requests.
61.11 The Host undertakes to describe their Vehicle / Vehicles accurately on the website, and to keep the information on such listing up to date. The Host must immediately inform Zoom EV if their Vehicle / Vehicle’s no longer meets the Vehicle Eligibility Criteria as outlined in clause 60.1.
61.12 The Host undertakes to disclose to the Guest the presence of a telematics device or data tracking technology installed or plugged in to the Vehicle during the sharing session.
61.13 If the Host is issued with any penalty charge notices in relation to traffic offences or charges applicable to the Guest during the Sharing period, the Host must notify Zoom EV in writing as soon as possible, and in any event within twenty-one (21) days of the date of issue of the penalty charge notice (e.g. for parking, congestion and toxicity charges) or the notice of intended prosecution (e.g. for speeding or other traffic offences). Failure to notify us within 21 days will result in the Host being liable for all additional costs associated with the relevant charge or fine. In addition, at Zoom EV’s sole discretion, the Host may be liable for 50% of the relevant fine, charge or penalty if the delay in notification prohibits the Guest from challenging or appealing to the competent authority.
61.14 The Host agrees to co-operate with and assist Zoom EV in good faith (including responding promptly to communications) and provide Zoom EV with such information and take such actions as may be reasonably requested by Zoom EV in connection with any complaints, claims, charges or notices relating to the Host's Vehicle / Vehicle’s and Vehicle listing, or with respect to any investigation undertaken by Zoom EV or its representatives regarding use or abuse of the website.
61.15 Hosts of Vehicles shall ask Guest’s if they have driven and plugged in a Vehicle previously and shall give a brief demonstration to the Guest in the event that they have not driven or charged such a Vehicle previously.
61.16 The Host is responsible for marking a booking as ‘complete’ within 24 hours of the booking end time / date in their online account; this is so that they can report any issues with the booking back to Zoom EV before the booking is marked as ‘complete’ and all
payments/refunds/fees are settled. Hosts will receive a reminder by email after this period. If a Host has still not marked the booking as ‘complete’ within 12 hours of this reminder, Zoom EV reserve the right to assume that there were no issues with the booking and to mark it as ‘complete’ on their behalf; this is so that all parties can receive appropriate payment / refunds etc and once it has been marked as complete, no further issues can be raised.
62. Obligations of the Guest
62.1 The Guest must complete the following steps at the start and end of the Sharing period. These steps will be outlined to the Guest ahead of each booking on the website and the website will reflect all the latest changes to the steps that must be taken:
Table 5 Guest Checklist
62.2 The Guest must pick up the Vehicle at the time and place specified in the Booking Confirmation, or as otherwise agreed directly with the Host.
62.3 Where it is a peer-to-peer sharing ie the Guest is sharing a vehicle from a private Host, it is the Guest’s responsibility to ensure they have taken out sufficient short term insurance cover as stipulated in clause 68.2. This short term insurance cost is to be covered by the Guest and organised externally from the Zoom EV website. NB where it is a Business to Customer sharing, all insurance is included with the sharing session through Zoom EV.
62.4 The Guest must inspect the Vehicle before the start of the Sharing period. The Guest must take four (4) clear images (front, rear and sides) and any other images of areas of damage (including but not limited to scratches / bumps / dents etc.). If the Guest identifies additional damage not identified during the Meet Up and handover of the Vehicle then they must take images of such damage, with a clear timestamp before the sharing session begins. Failure to comply with this may result in the Guest being liable to a Damage Logging Fee (as set out in Table 8).
62.5 Under UK law it is the responsibility of the Guest at the time of pick-up to ensure that the Vehicle meets Zoom EV’s Vehicle Condition and Roadworthiness criteria. In the event the Guest reasonably believes the Vehicle does not meet these standards they may cancel the Booking in accordance with the cancellation policies set out in these Terms, provided the Vehicle is immediately returned to the Host.
62.6 The Guest must treat the Vehicle and its keys with reasonable care and will be responsible for the Vehicle and its keys whilst out of the possession of the Host. This includes driving carefully, always locking the Vehicle and using any additional security device fitted to or supplied with the Vehicle when it is not in use.
62.7 The Guest must only use the correct charging cables for Vehicles and will be liable for the cost of any damage incurred to the Vehicle and / or to the charging cable, if damaged during the Sharing period. The Guest will be liable for the cost of any repairs to do with attempting to fill an electric vehicle with fuel or damaging the connector by attempting to force an incorrect cable into the connection and being unable to charge. Towing fees or other costs incurred as a result of the above, including any administration charges incurred by Zoom EV in dealing with the incident, will be charged back to the Guest.
62.8 The Guest must bring the Vehicle back to the location it was originally shared from (or the location agreed with the Host), or as close as possible to that location. The Guest must park the Vehicle legally and in accordance with any restrictions imposed by any parking permits associated with that Vehicle and must inform the Host of any restrictions applicable to the return location. The Guest will be liable for any parking charges incurred at the return location, unless the risk of incurring such charges has been expressly acknowledged and agreed with the Host.
62.9 If the Vehicle was shared using face-to-face hiring, the keys must then be handed to the Host (or returned in a manner otherwise agreed with the Host at the start of the sharing session, such as a Key Safe).
62.10 Upon returning the Vehicle, the Guest must take clear, timestamped photographs of the front, rear and both sides of the vehicle, they must also take images of any damage that was incurred in their use of the Vehicle i.e. the period in which they have had it. Failure to follow these damage logging procedures will result in the Guest being liable to a
Damage Logging fee (as set out in Table 8) in the event of a damage or insurance claims dispute.
62.11 When returning the Vehicle to the Host, the Guest must ensure that the Vehicle is in a reasonable, clean condition as at the start of the Sharing period. The Guest must remove any debris, rubbish and the Guest's personal items from the Vehicle. Zoom EV is not liable for the Guest leaving items in the Vehicle. In the event a Guest does not leave the Vehicle as clean as it was at the start of the Sharing period (as reasonably expected), a cleaning fee shall be applied in accordance with Table 8.
62.12 When returning an electric Vehicle to the Host the Guest must ensure that the Vehicle has approx. eighty per cent (80%) charge. In the event that the Guest returns the Vehicle with less than eighty per cent (80%), then a re-charging fee will apply. Please note, Electric Vehicles charge more slowly above 80% therefore Guests are not expected to return it 100% full. The 80% is a guideline.
62.13 The Vehicle must only be driven by the Guest throughout the Sharing period. Any other Guest’s will not be covered and will be driving illegally. If Zoom EV becomes aware that an individual other than the Guest has driven the Vehicle during a Sharing period, Zoom EV will immediately terminate the Guest’s membership and will charge the Guest for all administration and additional costs relating to the contravention.
62.14 The Guest must not:
62.14.1 sell, rent, share or dispose of the Vehicle, or any of its parts;
62.14.2 give anyone any legal or beneficial rights over the Vehicle;
62.14.3 use the Vehicle for any illegal purpose;
62.14.4 use the Vehicle for any use other than is Acceptable Vehicle Use;
62.14.5 overload the Vehicle by number of persons carried or by weight of goods carried;
62.14.6 use the Vehicle whilst under the influence of alcohol or drugs;
62.14.7 use the Vehicle if the Guest may reasonably be considered to be unfit to drive a vehicle;
62.14.8 use the Vehicle for racing, speed-testing or teaching someone to drive;
62.14.9 use the Vehicle for any commercial purpose including the carriage of passengers for hire or reward;
62.14.10 use the Vehicle off-road;
62.14.11 'clock' the Vehicle or tamper in any way with the Vehicle's odometer;
62.14.12 modify the Vehicle in any way (including fitting roof racks/bike racks and/or towbars) or allow anyone to work on, or fit any new or replacement parts to, the Vehicle without the express permission of the Host;
62.14.13 drive the Vehicle outside of the United Kingdom;
62.14.14 smoke in the Vehicle or transport any animals or pets in the Vehicle, without the express prior consent of the Host.
63. Making a Booking
63.1. Hosts may make their Vehicle / Vehicles available to be shared using the website, specifying the time periods during which the Vehicle is available to share, in accordance with the availability procedures set out on the website.
63.2. The Minimum Booking Period a Host can make their vehicle available for is one hour. This will be imposed by the Website user experience.
63.3. The Minimum Notice for Booking is to provide 4 hours notice before the booking start time / date. This is to provide the Host with enough time to make the vehicle available and prepare it in terms of charge and cleanliness etc. This will be imposed by the Website user experience.
63.4. Guests may request to book Vehicles that are available for hire using the website by making a Booking Request.
63.5. Hosts may choose to either accept or decline each separate Booking Request individually. This will be done through their settings in their dashboard.
63.6. A Booking Request will specify the start and end time of the proposed "Sharing period" and the Sharing Fee, being the cost to the Guest associated with the Sharing period.
63.7. Once a Booking Request has been confirmed by a Host it is binding on both Host and Guest, and subject to the cancellation rules set out in these Terms. Upon confirmation by the Host, a Booking Confirmation will be issued by the website and payment will be taken via Stripe
63.8. A Guest may cancel a Booking Request without charge or penalty at any time before the Host confirms the Booking Request by withdrawing the Booking Request. Thereafter,
the cancellation provisions in these Terms will apply.
63.9. The Guest should rely solely on the information provided on the website when making a Booking, and any additional information communicated to the Guest by the Host. Whilst Zoom EV may endeavour to provide additional information about the Vehicle upon request from the Guest, Zoom EV will not assume any liability for the accuracy or completeness of any such information. It is the sole responsibility of the Host to honour any confirmed Booking Requests and to make the Vehicle available to satisfy such request, it is not Zoom EV’s responsibility.
63.10. Members (Host and Guests) are provided with Booking confirmation emails and Booking declined emails when sharing. In addition, the Zoom EV website also issues booking reminder emails twenty-four (24) hours before each confirmed booking and thirty
(30) minutes before each booking to help provide reminders to each of the parties that their sharing session is close to starting. These notifications are only there as reminders to each member, it is up to each member to enable the commencement of the sharing at all times and remember when their sharing commences.
63.11. Hosts and Guests agree to give each other 15 minutes Grace Period to pick up or drop off the vehicle. Outside of this 15 minute Grace Period is deemed a no show on pick up (for either party) or a late return (for Guest) on return and will be subject to the charges shown in table 8.
All Members, Hosts and Guests are reminded that Zoom EV is not a party to the Sharing agreement between the Host and the Guest and is not responsible for the actions or conduct of either party.
64. Cancelling a Booking
64.1 If a Member creates or accepts a booking, they commit to honouring it. The cancellation fines below are designed to mitigate any inconvenience caused to the disappointed party and are automatic.
64.2 Zoom EV encourages its members to resolve cancellation disagreements between themselves. Where this is the case, and both parties agree, Zoom EV must receive confirmation from both Host and Guest via email or phone so that the cancellation fine may be waived or refunded.
64.3 Once a Booking Request has been accepted by a Host, if one of these parties decides to cancel the booking within the timeframes below then they will liable to pay the following cancellation charges:
Table 6 Cancellation Fees
64.4 A Guest may cancel a Booking by notification to Zoom EV and the Host where, following the Guest's inspection of the Vehicle at the start of the Initial Sharing period, the Vehicle does not meet the Vehicle Conditions and Roadworthiness Criteria and is immediately returned to the Host. In such cases the Host will be deemed to have cancelled the Booking and clause 64.3 shall apply ie the Host will pay the Charges and Admin Fee. Zoom EV may require supporting evidence of the Vehicle's condition before a refund is granted.
64.5 Unless the Booking has been properly cancelled in accordance with clauses 64.2 to 64.4, and subject to clause 64.7, the Guest will be liable for the full Sharing Fee, unless the Guest picks up the Vehicle within the Pick-up Grace Period (provided the Guest is not prevented from doing so by action or inaction of the Host).
64.6 Unless the Booking has been properly cancelled in accordance with clauses 64.2 to 64.4, and subject to clause 64.7, if the Host fails to provide the Vehicle within the Pick-up Grace Period, the Host will be liable for the Host no show fee and an administration charge. In such circumstances, Zoom EV will refund the Sharing Fee to the Guest but will not be liable to the Guest for any further damage or loss.
64.7 In the event of unforeseeable circumstances beyond the reasonable control of either the Host or Guest, or other extenuating circumstances, including the below, Zoom EV may at its sole discretion, decide that it is appropriate to cancel the Booking and offer the Guest a refund of the Sharing Fee less an administration fee. Each Member acknowledges and agrees that Zoom EV will not have any liability to any Member for such cancellations and refunds. Supporting documents may be required before such a refund is granted.
64.7.1 serious illness of the Guest, such that the Guest is unfit to drive;
64.7.2 natural disaster (including but not limited to fire and flood);
64.7.3 acts or restraints of governments or public authorities; or
64.7.4 war, riot, civil commotion or acts of terrorism.
64.8 If a Host or Guest wishes to amend a Booking ahead of it starting, he or she must agree the amendment with the other party. They will need to cancel the existing booking and create a new booking for the desired times / dates. The party requesting the amendment may be liable for an administration fee.
64.9 If a Guest wishes to extend an in-progress Booking, they will need to create a new booking at the end of their existing booking. This can only be done if there is availability of the vehicle for the dates they wish to extend for. Zoom EV recommend that, in the case where a Guest wishes to extend an in-progress booking, they contact the Host directly and request this ahead of making the new booking on the website.
64.10 Each Member accepts that Zoom EV’s obligation to pay any cancellation or no-show fees, or other charges in respect of cancellation, is conditional upon successful receipt of the associated payments from the other relevant Member.
65. Pricing and payment
The below table shows the pricing structure for a car sharing session.
Table 7 Pricing Structure for a Sharing session
65.1 Zoom EV’s obligation to pay any sum payable by a Guest to a Host or vice versa is conditional on Zoom EV receiving such sum from the relevant payor.
65.2 Hosts are provided with suggested prices for their Vehicle which are shown per hour, per day and per week. This suggested price will be demonstrated during the Host registration process. A Host may choose to change this suggested price if they desire however, a cap of twenty (20) per cent above and below is strongly recommended.
65.3 Guests agree that, Zoom EV may, at any time following the Booking, charge the Sharing Fee (inc insurance and breakdown), the Booking Fee (where applicable), any applicable VAT or other tax and any additional payments that are payable in connection with that Booking (including any compensation, fine or penalty payable in the event of any breach of the Terms and Conditions applicable to the Booking and any sum payable under the Cancellation and Compensation Policy) directly to the Guests registered debit or credit card.
65.4 Sharing Fees received by Zoom EV from Guests shall be paid to the relevant Host, less the cost of insurance (where applicable), less breakdown cover, less booking fee, less Zoom EV’s Commission and less any fees that the Host is subject to (e.g. Host
cancels the booking too late). Payments shall be made no later than seven (7) working days after the booking is completed into the Host’s Stripe Connected Account. The Host can then withdraw funds from the Stripe Account into their own bank account in line with Stripe’s capability and Terms.
65.5 Zoom EV utilises Stripe Connect, Express Accounts as a payment processing platform. These Stripe services are subject to the Stripe Connected Account Agreement which includes the Stripe Terms of Service (collectively, the “Stripe Services
Agreement”). By agreeing to these terms or continuing to operate as a Host on Zoom EV’s platform, you agree to be bound by the Stripe Services Agreement (which may be modified by Stripe from time to time at their absolute discretion.
65.6 By enabling payment processing services through Stripe, you agree to provide Zoom EV with accurate and complete information about you and you authorise Zoom EV to share it, and transaction information related to your use of the payment processing services provided by Stripe.
65.7 The Host acknowledges and agrees that it is their sole responsibility for determining any personal tax liability as a result of the receipt of any income as a result of renting their Vehicle / Vehicles, and for any applicable tax reporting requirements. Zoom EV does not provide or offer any tax–related advice to Members. Members are responsible for their own personal tax affairs arising from their participation in any Booking, including income tax and VAT.
66. Guest Charges
66.1. The Guest shall pay the charges outlined in the Pricing and Payments Section in respect of the Booking and Zoom EV shall collect such payment on behalf of the Host, acting in the limited capacity of authorised payment collection agent of the Host.
66.2. Please note that once Guests pay for the Rental, Zoom EV are automatically pre-authorised to be able to access and deduct funds from your bank account (that you used to pay) in the case that they are required to pay for damage of a vehicle or for another reason outlined in Fees (section 67) or for any other reason we see fit. We will of course inform you of any funds taken and provide reasons why. Zoom EV reserve the right to satisfy any charges which Zoom EV, in its sole discretion, determines are due under these Terms (whether for the benefit of the Host or otherwise), by taking the corresponding amount from the account.
67. Fines and other charges
67.1. The Guest (or in some cases Host) shall be liable for the following fines and costs incurred during a Sharing period (including any delay period). We reserve the right to debit registered banking cards or accounts on booking confirmation or later and to impose fines at our absolute discretion:
Additional mileage fees: these being miles over 100 miles per day which is included within the Sharing Fee. An additional charge will be applied on a per mile basis in excess of 100 miles per day;
Administration Fee: being a fee to cover Zoom EV’s time and administrative effort when they have to get involved in the booking between a Guest and Host;
Cancellation Fee: See section 64 Cancelling a Booking
Chargeback Administration Fee: where Member applies for a debit or credit card chargeback claim without reasonable cause.
Cleaning fee: being the cost of cleaning the Vehicle plus a Host Administration Charge, if the Vehicle is returned to the Host in a standard requiring the services of a cleaning company. The cleaning fee and Host Administration Charge may apply in circumstances including, but not limited to, where the Vehicle is returned with evidence of excessive sand, dirt, mud, unauthorised smoking or unauthorised pets; The Host must notify Zoom EV within twenty-four (24) hours of the end of the Sharing period if a cleaning fee will be required. Zoom EV reserves the right, at its sole discretion, to refuse to recover from the Guest any cleaning charge claims which it deems to be unreasonable or not commensurate with the level of valeting required.
Damage logging fee: being the administration charge applicable if the Guest fails to comply with the Guest’s responsibilities relating to reporting on the condition of the Vehicle as set out in section 62 and in particular clauses 62.1, 62.4, 62.5 and 62.10;
Key replacement fee: being the full cost of replacing the keys to the Vehicle, if all or part of the Vehicle's keys are not returned to the Host;
Late Return Fee : when the vehicle is returned by the Guest later than 15 minutes after the agreed return time (based on the booking details) when there has been no agreement from the Host to do so. The fee will be based on the hourly cost of that vehicle to hire + 15% as well as the hourly cost of insurance. The fee will be calculated per hour that the vehicle is late (after the 15 minute grace period has been accounted for).
Locksmith fee: being the full cost of a locksmith's attendance and work in the event that, for example, the keys are locked in the Vehicle;
Membership Termination Fee; Being the fee that Zoom EV can charge when they have had to terminate a Membership;
No Show Fee: When either the Host or Guest does not show up on the day for the car sharing session / booking start without having cancelled in advance.
Penalty Notice Admin Fee: Being an admin fee that is applied in the event that the Guest incurs a penalty notice – see xix;
Re-charging fee: being a fixed cost for recharging the Vehicle back to its previous level if the Vehicle is returned with less charge than the Host supplied;
Recovery fee: being the full cost of recovery of the Vehicle and any additional costs associated with the Vehicle not being returned (including any vehicle holding costs, parking and compound charges) if the Guest fails to return the Vehicle to the Host at the end of the Sharing period for reasons other than explicitly agreed in writing with Zoom EV, the Host and where relevant, the Insurer or Breakdown Provider under circumstances set out in section 69;
Guest Breach: being the amount of any loss or damage resulting from any breach of the Guest's responsibilities set out in section 62;
Traffic Penalties or Offences: any and all traffic offence penalties including parking tickets, speeding fines, clamping fines, bus lane fines and compound charges;
Tolls, fees or charges: any and all tolls, fees or charges such as the Dartford crossing toll road fees, the London Congestion Charge and Toxicity Charge.
Other charges stipulated by the Host: any other charges stipulated by the Host in advance of the booking in the Vehicle’s description or agreed between the Guest and the Host, including but not limited to, any charges relating to pick up or delivery of the vehicle, the distance driven during the Sharing period, or the provision of accessories or additional items, and any other charges due from the Guest according to the Terms.
Other fines and charges: These include but are not limited to all charges, fines and court costs for congestion charges, toxicity charges, parking, traffic or other offences, including any costs which arise if the Vehicle is clamped, and any civil penalty payable relating to the Booking. The Guest must also pay the appropriate authority any fines and costs if and when the relevant authority demands this payment and acknowledges that such obligations may be communicated to the Guest directly, or through Zoom EV on behalf of the Host or the relevant authority. In all cases, the Guest will also be liable for the penalty notice administration fee;
This table outlines the typical fees associated with each scenario. Zoom EV reserves the right to alter these amounts based on the circumstances at hand but will always try to be fair to both the Guest and the Host.
Table 8 Fees
67.2 Wherever possible, it is the responsibility of the Guest to pay the relevant authorities directly. The Guest must provide a written report of any offences committed by him or her during a Booking to Zoom EV and the Host on return of the Vehicle.
67.3 Regarding speeding fines and notices (and where otherwise obliged by law) the Guest
acknowledges and agrees that Zoom EV and/or the Host may pass on the Guest's details to the police or relevant authority, who may then contact the Guest directly.
67.4 The Guest will be liable for any parking charges incurred at the point of return, unless expressly agreed beforehand with the Host or Zoom.
67.5 In the case of a claim or call out initiated with the Insurer or Breakdown Provider, a Member is liable to a damage logging fee, if found to have been in breach of Zoom EV’s Terms and Conditions with respect to the Booking.
67.6 The Guest hereby authorises Zoom EV, acting in the limited capacity of authorised payment collection agent of the Host, to collect any amounts for which the Guest is liable under these Terms by charging a credit or debit card, the details of which have been provided to Zoom EV by the Guest. Zoom EV will inform the Guest on request of the reason for any charges that are collected in this manner.
67.7 Zoom EV will inform the Guest promptly upon receipt or notification of any charge for which the Guest is liable under clause 67.1. Without prejudice to clause 67.6, the Guest must inform Zoom EV within 72 hours of initial communication if the Guest intends to challenge or appeal to the competent authority against the fine, charge or penalty. In such cases, the Guest must keep Zoom EV informed of the progress and outcome of the challenge or appeal. Zoom EV is not obliged to offer any assistance to the Guest in undertaking the challenge or appeal and may, in its sole discretion, impose a reasonable time limit on the Guest's challenge or appeal, after which the Guest will be liable to pay the outstanding amount of the fine, charge or notice (together with any increases or related charges that may have accrued as a result of the challenge or delay) under these Terms.
67.8 The Guest will be liable to a chargeback administration fee if he or she applies for a debit or credit card chargeback claim without reasonable cause, such charge to cover any chargeback fees, administrative and dispute costs incurred by Zoom EV as a result of such claim.
68. Insurance - Third Party Liability, Collision Damage Waiver and Theft
68.1. Insurance is a critical element of all vehicle sharing on Zoom EV. As Zoom EV facilitates the sharing of vehicles from various sources (both Peer-to-Peer ie privately owned Vehicles and Business-to-Customer ie business vehicles), different insurance requirements apply, however, across both types, insurance has to be in place for sharing to take place.
Peer-to-Peer ie privately owned vehicles
68.2. Whereby vehicles that are owned by individuals (i.e. not fleet operators or organisations sharing their vehicles) are shared on Zoom EV, these must be covered by short term insurance cover as instructed by the platform, for the period that the vehicle is being shared. This can be completed by the Host utilising short-term insurance providers such as Cuvva, Dayinsure or Tempcover; although, through our digital steps, we recommend the use of Cuvva for simplicity. The cost of the insurance will be payable by the Guest directly to the third party. These short-term insurance policies provide comprehensive cover, but it is the responsibility of the Guest to ensure that the policy they are taking out is the right policy to cover them for that vehicle and for that duration of time. Go to these insurance providers websites or apps to take out cover and follow the instructions. If you need assistance with organising this cover please contact the Zoom EV team at email@example.com. The terms and conditions of these short-term insurance policies are clearly stipulated on their policies with the excess amounts and liability cover limits also clearly stipulated, which all Guests must adhere to. Zoom EV has no influence on these terms, conditions, excess amounts and limits whatsoever. The booking of this insurance means that you are liable to pay any amounts as stipulated when booking such cover.
Business-to-Customer ie business vehicles
NIG (Direct Line Group) Insurance Product SummaryNIG (part of Direct Line Group) Product Summary for Members to detail what cover is provided for Business Vehicles when car sharing on the Zoom EV platform.
68.3. Where electric vehicles that are owned by fleet operators or organisations are being shared, these vehicles are covered by our insurance partner NIG (Part of the Direct Line Group) via our broker Trov. The terms and conditions / stipulations of the NIG policy shall apply and must be adhered to at all times by the Guest; these can
be found above.
68.4. Insurance policies will not cover; loss of use of the vehicle; depreciation in the market value following it’s repair as a result of a claim; loss of or damage to goods or samples carried for any trade or business; theft of any property carried in an open-top/convertible Vehicle, unless in a locked boot or glove compartment; money, stamps, tickets, documents or securities; or use in any rally or competition or motor trial or on any race track.
68.5. Provided that the Guest has kept to all of the terms of the Insurance, where the Vehicle is damaged, lost or stolen during the Sharing period, the Guest shall only be liable up to the amount of the excess (£500) in relation to each separate incident, and any reasonable administration fees incurred by Zoom EV which arise when dealing with any matters to any incidents. However, the Guest will still have to pay an amount up to the excess every time the Guest damages the Vehicle or if the Vehicle is lost or stolen.
68.6. Zoom EV will not be responsible for incidents caused by sharing sessions. Zoom EV Hosts and Guests are fully responsible for their own conduct - we will do our best to police and remove offending parties from future participation.
68.7. Insurance policies will contain conditions and exceptions which may impact a Member’s ability to claim under the Insurance. There are general conditions and
exceptions which apply to individual sections of the Insurance policy, and there are general conditions, general exceptions and extra conditions which apply to the whole Insurance policy. Each Member should read and understand the terms of the Insurance, including the conditions and exceptions.
68.8. Members agree to co-operate fully with the providers of the Insurance Policy if requested and must respond to any and all queries in reasonable time.
68.9. Insurance policies will likely exclude certain uses of the Vehicle including (a) The carriage of passengers for hire or reward; (b) racing pacemaking, reliability trial or speed testing; (c) any purpose in connection with the Motor Trade other than by the hirer; (d) whilst drawing a greater number of trailers in all than is permitted by law.
68.10. IMPORTANT - Insurance cover terminates automatically at the end of the period stipulated on the Guest’s booking confirmation (including where the cover was extended) or if the vehicle is returned earlier, when the Guest returns the vehicle to the Host, returns the keys and completes the damage logging procedures (Taking Images). At the end of this period, the vehicle will no longer be insured under the insurance policy and the Guest (if still driving the vehicle) shall be liable for any and all damage caused to the vehicle and any other vehicles or property, or injury to persons, while the vehicle is uninsured and for any applicable criminal penalties.
68.11. In the event that a Guest returns the Vehicle to the Host prior to the end of the agreed hire period, the Guest returns the keys and the parties complete the damage logging procedures and the booking is marked as completed, this shall constitute the end of the temporary insurance cover and the Host’s own personal insurance policy shall resume covering the vehicle. Whereby a Host receives their vehicle back earlier than anticipated and then utilises their vehicle it shall be on their own personal insurance cover.
John books Simone’s vehicle from 9am to 5pm on Tuesday 2nd October. John picks up the vehicle with both himself and Simone completing the required damage logging procedures when the vehicle is taken. John communicates with Simone that he can return the vehicle earlier, which they agree. John returns Simone’s car back to her at the agreed location at 4.15pm (45 minutes before the end of his hire period is complete). Both parties inspect the Vehicle and complete the damage logging procedures, showing
clear timestamped photos that read a return time of 4.15pm. John hands the keys
back to Simone. Upon completing this process Simone’s own vehicle insurance
resumes covering the vehicle for herself and her use of the vehicle.
The above example applies to all Hosts whether individuals, fleet operators or organisations and whereby their own fleet policy has not been utilised.
68.12. Whereby, asset Hosts are happy sharing vehicles using remote access e.g. key safes and allowing drop offs without being present, they must ensure that they complete the damage logging procedure and take images of the vehicle prior to it being shared and after it being shared, as well as marking the booking as complete.
69. Insurance – Incidents / Accidents, Damage, Theft and Breakdown
Table 9 Incidents Accidents and Breakdown
Incidents / Accidents
69.1. Should Guests be involved in an incident it is important that they:
Note the registration numbers of the other vehicles involved and obtain the names and addresses of everyone involved, including witnesses;
Make the Vehicle secure;
Tell the police without delay if anyone is injured or if the Guest was unable to exchange details with other drivers; and
Call / contact the 3rd party provider of insurance - for Peer-to-Peer sessions (Privately owned vehicles);
Call / contact Zoom EV Member Support;
Contact the Host via the functionality provided on Zoom EV’s website or using the contact details (email and phone number) provided to you by email when the booking was confirmed.
69.2. Should the Guest be involved in an accident they must not admit responsibility or attempt to negotiate unless having spoken to the insurer, they have been advised that they may do so.
69.3. Damage caused to the Vehicle outside of the Sharing period, or any damage expressly stated to not be covered by the Insurance, will not be covered by the Insurance, and the Guest will be liable for all such damage. Damage incurred while driving illegally will not be covered by the Insurance and Members may be personally liable for such damage. Unless an Extended Sharing period is agreed the Insurance only covers the Initial Sharing period.
69.4. If a Host becomes aware that his or her Vehicle has been damaged or stolen, the Host must contact Zoom EV by phone, as soon as possible, and in any event within forty-eight (48) hours of the end of the Sharing period.
69.5. If the Vehicle is stolen during the Sharing period, the Guest must inform the police and Zoom EV as soon as becoming aware of the theft.
BREAKDOWN AND RECOVERY POLICY DOCUMENT
69.6. The breakdown cover which supports all vehicles on Zoom EV’s car sharing website is provided by a third party provider called Hadleigh Breakdown and Trinity Lane Insurance Company Limited. When you book a vehicle through Zoom EV, your breakdown cover is included in the Booking Amount (as explained in table 7).
69.7. In the event of breakdown, the Guest should notify both the Host and the breakdown provider in Table 9 and await assistance.
69.8. In the event that a Guest does Breakdown, it is their responsibility to remain with the Vehicle, in a safe location, until assistance arrives (failure to do this will result in breakdown cover not being in place).
69.9. If the Guest abandons the Vehicle in the event of breakdown, he or she will be liable for the cost of returning the Vehicle to the Host and may be liable for the full amount of any damage or theft that occurs. In such an instance the Guest would be liable to pay an administration charge to Zoom EV. The breakdown provider will attempt to repair the vehicle at the roadside. The Guest must not agree to incur any costs or to the installation of any parts by the breakdown provider (or otherwise) without the express prior consent of the Host or Zoom EV. The Host and Guest will not have any recourse to Zoom EV for any payments made or agreed to be made directly to the Breakdown Provider or any other breakdown repair or recovery supplier. The Host agrees that Zoom EV may, acting reasonably, authorise such costs or the installation of any parts on behalf of the Host where Zoom EV has been unable to contact the Host within a reasonable time of the breakdown occurring, despite using its reasonable efforts to do so. Vehicle holding fees may also apply if the Host remains uncontactable. Any such costs shall be paid by the Host and Zoom EV may set off such costs against any amounts paid by the Guest.
69.10. Whereby the Guest runs out of charge they must contact Zoom EV and the breakdown provider in order to be recovered. Clause 69.6 also applies to the situation whereby a Guest has run out of charge.
69.11. In the case of out-of-hours emergency breakdown, Green Flag will provide a recovery service.
70. Limitation of liability
70.1. The material displayed by Members on the Site is provided without any guarantees, conditions or warranties as to its accuracy and is provided on an "as is" basis. Zoom EV does not endorse any material from any Member or any Vehicle.
70.2. Images of Vehicles on the Site are indicative only. Images may be those of the relevant Host and indicate a photographic representation of the Vehicle at the time the photograph was taken. Zoom EV does not verify the accuracy of any images. No additional information should be inferred from the other contents of the image. Where no photograph is available, stock images of Vehicles may be used.
70.3. Although Zoom EV performs certain checks for the benefit of Members, designed to help verify the identities of Members and in order to satisfy Zoom EV's requirements, Zoom EV does not make any representations about, confirm, or endorse or recommend, any Member or the Member's identity, background, or driving ability or experience. The Member's appearance on, or use of, the Site should not be taken as any such endorsement or recommendation.
70.4. Zoom EV shall not itself be liable, nor vicariously for any failure of a Member to perform his or her obligations in relation to any Booking. To the extent permitted by law, Zoom EV hereby expressly excludes all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity.
70.5. Members agree that they shall take sole responsibility for all activities or actions under your Member account and login details and that you shall not disclose your password or login details to any third party. Members must notify Zoom EV immediately if they believe that any unauthorised activities or actions have taken place in relation to their account.
70.6. To the fullest extent permitted by applicable laws, Zoom EV disclaims responsibility for any harm resulting from a Member's use of any part of the website or the Services.
70.7. Each Member agrees to release, defend, indemnify, and hold Zoom EV and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
70.7.1. the Member's access to or use of the website or the services the subject of this agreement;
70.7.2. the Member's violation of these Terms; or
70.7.3. the Member's interaction with any other Member, Booking, creation of a Vehicle listing, or use, condition or rental or sharing of a Vehicle, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of a Vehicle.
70.8. Zoom EV will not be liable in respect of any damage to or theft or breakdown of any Vehicle, or any related costs, including but not limited to, loss of income or loss of use, and whether directly or indirectly incurred by a Member or any other party.
70.9. Zoom EV excludes liability for:
70.9.1. any loss of business, profit, data and liability for any indirect or consequential loss arising from the use of the Site, whether caused by tort (including our negligence), breach of contract, breach of statutory duty or otherwise.
70.9.2. the cancellation of any Booking by reason of any Vehicle Exclusion Circumstances or Guest Exclusion Circumstances or any other cause specified in these Terms and Conditions;
70.9.3. for any loss or damage to, or theft of, any Vehicle or any other property belonging to any Member;
70.9.4. for any sums payable by the Guest for any fuel or incidental expenses;
70.9.5. for any loss or damage caused by circumstances beyond Zoom EV’s reasonable control.
70.10. Zoom EV’s total aggregate liability to any Member in relation to a Booking shall in no circumstances exceed the greater of the total of:
70.10.1. the Sharing Fee payable in respect of that Booking made by such Member; plus
70.10.2. any compensation payable in respect of that Booking under the Section 64 Cancelling a Booking; plus
70.10.3. any sum that would have been payable in respect of that Booking under the Insurance Policy but for Zoom EV’s default; and £100.
70.11. Nothing in these Terms shall limit or exclude Zoom EV's liability for fraudulent misrepresentation, for death or personal injury resulting from Zoom EV's negligence or for any other liability that cannot be limited or excluded by law.
APPENDIX A : NOT-FOR-PROFIT SCHEMES
As per clause 54.3 of these Terms and Conditions of Service, Zoom EV does enable the utilisation of electric vehicles with certain partners on a not-for-profit basis. These are select scenarios whereby certain organisations (Hosts) want to operate a scheme internally for their employees on a cost recovery basis only.
Zoom EV’s platform is utilised as a service in such scenarios and operates in such instances (where agreed between the parties) on a cost recovery basis only. This is in order to aid such organisations to facilitate electric vehicle sharing within their organisations, enhance EV exposure and utilisation and have an impact on climate change / carbon emissions.
An example of this can be (but is not limited to) a council utilising Zoom EV’s platform to enable their vehicles to be shared in evenings and on weekends when not in general day-to-day use. In such an instance, Zoom EV may offer its platform to facilitate such vehicle sharing as a way of promoting the use of the council’s vehicles and aiding them on their current clean air agendas.
It is at Zoom EV’s absolute discretion to operate such a scheme.