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Car Terms and Conditions

EVie Service Terms and Conditions

Our Agreement with You

 

Addendum 30-03-2020: COVID-19 policies and procedures.

We provide a daily clean of all vehicles and bikes but, in the nature of the club, cannot do this practicably between all bookings. To protect you and your fellow members, as of 30-03-2020, all customers are required to bring your own sanitising wipes for use by you on all touched surfaces both before and after a rental. We also require you wear gloves while driving an EVie car or riding an EVieBike. These updated policies and procedures shall remain in force until further notice.

Please also see the current advice published here by the States of Jersey on sanitisation and social distancing.

1. These terms and conditions, together with the schedules, the Rules and our Privacy Policy (https://evie.je/privacy/) form an agreement (the Agreement) between Jersey Electric Vehicle Company Ltd t/a Evie (EVie, we, our or us) and you (customer, you or your), setting out the terms on which you register for and use our Services.

2. You may not register for and use the Services unless:

  • you are over the age of 23 (or 21 years old, if joining with an Affiliated Business);
  • you have held a full UK, Jersey or Guernsey driving licence for at least 2 years or an EU licence for at least 3 years;
  • you have not been convicted of more than 1 minor conviction within the last 3 years anywhere in the world;
  • you have not been convicted within the last 4 years of any major motoring offence anywhere in the world;
  • you do not have any prosecutions or police enquiries pending under any jurisdiction:
  • you have not had any accident, incident, fire or theft losses in the last 3 years;
  • you have not had any criminal convictions, unless they are no longer disclosable, under the Rehabilitation of Offenders (Jersey) Law 2001;
  • you are not a professional sportsman, entertainer, actor, model or musician; or an undergraduate student or member of the UK armed forces under the age of 25 years of age; or a member of the armed forces of another country;
  • all of the information (including payment details) you have provided or will provide to us in conjunction with your use of the Services is true and accurate;
  • you are able to pay the Service Fees; and
  • you accept and agree to comply with the terms of this agreement.

We may cancel your registration for and use of the Services or refuse your registration for and use of the Services if you do not comply with these conditions. Even if you do comply with these conditions, we may, in our discretion, refuse your registration for or use of the Services based upon additional criteria established from time to time by us and/or our insurance providers. In addition, even if approved for registration and use of the Services, you may be restricted from driving certain types of Vehicles based upon your driving history and experience or the subscription plan selected by you.

3. We may obtain information from third parties concerning you to decide whether you are eligible for registration for and use of the Services. We may carry out checks such as, but not limited to, an identity and credit check. We may pass your personal information to third party agencies for the purposes of carrying out identity and credit checks and they may keep a record of any search that they do. This check may leave an electronic note or “footprint” on your record. The information is not sold to third parties. For more information on what personal information we gather from you and how we process it, please read our Privacy Policy (https://evie.je/privacy/)

4. By registering for and using the Services, you accept and agree to comply with the terms of this Agreement and any amendments made to the terms of the Agreement by us in our discretion from time to time. We may make changes to the terms of this Agreement from time to time and the latest version of the Agreement can be found at www.evie.je/terms. If you do not agree to the changes to the terms of the Agreement, you may cancel your registration for and use of the Services by providing us with written notice, which notice may be sent to use by post or email, using the details set out below. Your continued use of the Services will be deemed acceptance to any amendments we make to the terms of this Agreement.

5. If you have a question or wish to complain about the Services, please contact us as follows:

  • By email: [email protected]
  • By telephone: 01534 510462
  • By post: JEV Co. Ltd, Grant Thornton, 46-50 Kensington Place, St. Helier, Jersey JE1 1ET
  • Website: www.EVie.je

Definitions

In this Agreement, the following terms have the meanings given below:

Damage Fee means the damage fee associated with your subscription plan and the type of Vehicle you use, as set out in the Fees and Additional Charges Schedule (https://evie.je/feesandadditionalcharges/).

Parking Space means a parking space designated for use of the Vehicles, a list of which can be found on the EVie app.

EVie App means the mobile smartphone app that can be downloaded from either the Google Playstore or App Store from links on www.evie.je and other media distributed by EVie that allows the member registration, reservation of vehicles, location of vehicles, and unlocking and locking of vehicles.

Varied Drop Off means you collect the Vehicle from one Dedicated EVie Parking Spot at the start of a Rental Period and return the Vehicle to an alternative Dedicated EVie Parking Spot at the end of a Rental Period.

Roundtrip means you collect the Vehicle at the start of a Rental Period and return the Vehicle at the end of a Rental Period to the same Dedicated EVie Parking Spot.

Rental Period means the time from which you have reserved a Vehicle using the Evie App, until the time at which your reservation of the Vehicle expires, or, if you wish to end your use of a vehicle sooner than the end of your Rental Period, the time at which you ‘lock’ the Vehicle using the Evie App.

Rules means all the rules, guidelines or policies of EVie related to your registration for and use of the Services, whether set forth in this Agreement, appearing elsewhere on our website(s) or otherwise issued from time to time by EVie.

Services means use of EVie’s electric vehicle-sharing services in conjunction with the EVie App or any other device or application used in conjunction with the use of a Vehicle.

Service Fees means the fees applicable to the Services, as set out in the Fees and Additional Charges Schedule which may be amended from time to time.

Vehicle means any EVie branded vehicle designated for use by subscribers to the Services.

Terms of Use

1. You may only use our Vehicles in accordance with the terms of this Agreement and subject to paying all Service Fees and applicable Additional Charges.

2. This Agreement is a vehicle-sharing service subscription contract offered by EVie. This Agreement does not in itself confer any right to access and/or use any Vehicle. The nature of the Services means that use of the Vehicles is subject to demand and availability at any time and we cannot guarantee the availability of a Vehicle.

3. Once approved for registration and use of the Services:

(a) we will provide you with a designated Evie ID, which will enable you to access the EVie App;

(b) you will be the person responsible for paying all fees, charges and other costs associated with registration and use of the Services – you are advised to familiarise yourself with the Fees and Additional Charges Schedule prior to using the Services; and

(c) you will be entitled to use the Services subject to and strictly in accordance with the terms of this Agreement.

4. In providing the Services, we may provide you with items and documentation, including (non-exhaustively) Vehicles and mobile or web based applications. We (or, in some cases, third parties we work with to provide the Services) own all rights in the items and documentation we provide to you and your registration for and use of the Services does not give you any rights in those items, except as expressly set out in this Agreement. You may only use the items we provide to you in accordance with the terms of this Agreement.

5. For your and our safety and to help us prevent or identify crime, we may use and obtain information for our use and the use of third parties, such as the police, electronic devices to monitor the location, condition, performance and operation of Vehicles. Any information we obtain in connection with the Vehicles or Services through such devices may be used by us during the term of this Agreement and after.

6. Before using a Vehicle, you must inspect the exterior and interior of the car. If you find any damage or abnormality on the vehicle or in the operation of the vehicle, you must report this to Evie, in particular:

(a) any warning lights that stay on after the ignition is engaged;

(b) any indication of leaking fluids near the Vehicle;

(c) any cracks or chips in the windscreen;

(d) missing or inoperable signal or driving lighting;

(e) broken or missing rear-view mirrors,

(f) any other condition that may render the Vehicle unsafe to operate; and

(g) any other damage that is not recorded in the Vehicle’s damage log located inside the Vehicle (the Damage Log which is available to you at the time of booking through the EVie App. If you observe any damage that is not reported in the Damage Log, you are required to inform EVie of such damage prior to driving the Vehicle in the required manner as set out on our website.

7. Photographs of any damage to a Vehicle, either at the time of booking or incurred during the reservation, must be taken and uploaded to EVie using the EVie App or by email to [email protected]

8. In addition to any damage observed you are obligated to report:

(i) lack of cleanliness;

(ii) lack of charge; and

(iii)   any traffic violation notices, found in or on a Vehicle at the time of pickup of the Vehicle.

9. If you fail to notify us a problem before you take possession of a Vehicle, you will be deemed to be responsible for any problem with the Vehicle discovered or reported after your reservation. You may be charged the Damage Fee, a Repair Fee, a Cleaning Fee, Low Electric Charge Fee or other applicable fees, and EVie may suspend, or may even terminate your registration for and use of the Services. You are advised to familiarise yourself with the Fees and Additional Charges Schedule.

10. The key, key fob or other starting device to the Vehicle must remain in the Vehicle and/or be returned to its designated position within the Vehicle at the conclusion of the Rental Period.

11. The Vehicle must be locked using the assigned vehicle key at all times when it is not in use during your Rental Period. Using the EVie App to lock the Vehicle ends your Rental Period.

12. You must contact EVie immediately if you fail to leave the key/fob/starting device, fuel card or parking pass (if applicable) in the Vehicle. You will be charged the relevant rate for the Vehicle until you notify EVie by calling the Customer Support telephone number shown on the EVie website and you will remain responsible for the Vehicle during such period. You may also be charged a fee to replace any of the items missing from the Vehicle. You are advised to familiarise yourself with the Fees and Additional Charges Schedule.

13. You may be required to plug-in the Vehicle to the Vehicle’s charging station, if available, at the end of the Rental Period.

Access – Unlocking of a Vehicle

At the start of your Rental Period, you should use the Evie App to unlock your Vehicle. It is recommended that you carry your smartphone with the EVie App on it at all times during the Rental Period. Vehicle-rental/hire companies, service stations, and other businesses that have relationships with EVie may require you to present your Evie ID to receive services and/or discounts. EVie may agree to remotely unlock or lock a Vehicle for you in the event you forget or lose your EVie ID or access to the Evie App, at the start or end of a Rental Period. EVie may charge you for locking or unlocking a Vehicle remotely. You are advised to familiarise yourself with the Fees and Additional Charges Schedule.

Stolen Vehicles

Stolen Vehicles must be immediately reported to EVie by calling us on the Customer Support number 01534 510462 or as shown on the EVie website. We will be able to detect whether the Vehicle was locked using the EVie App when the Vehicle was stolen.

Belongings and Lost Property

EVie shall not be held liable for any belongings left in a Vehicle or stolen from a Vehicle, and you agree not to hold EVie responsible for any such belongings, whether they are your belongings or the belongings of any third party.

Unacceptable Use

1. You are prohibited from:

(a) giving, lending, selling or otherwise allowing access to or use of your Evie ID and/or Evie account to any other person including other registered users of the Services;

(b) allowing any person, including a registered user of the Services, to drive a Vehicle whilst it is on hire by you;

(c) transporting professional sports persons or professional entertainers in a Vehicle;

(d) using a Vehicle off-road, or for racing, pace making, testing the Vehicle’s reliability or speed, teaching someone to drive or in connection with motor rallies, competitions or trials;

(e) towing of any trailer or other vehicle (including a Vehicle);

(f) carriage of passengers for hire or reward;

(g)  the carriage of goods for money;

(h) any purpose connected with the motor trade;

(i)  jumpstarting another vehicle (including a Vehicle);

(j) using a Vehicle outside the island of Jersey;

(k) using a Vehicle whilst under the influence of any substance including but not limited to intoxicating liquor, substance or solvent abuse and/or a drug or drugs, including those medically prescribed where the doctor and/or manufacturer has advised that the ability to drive may be impaired;

(l) using a Vehicle in the carrying out of any crime or for any other illegal activity or purpose;

(m) using a Vehicle in an imprudent, negligent, or abusive manner or any other abnormal use of the Vehicle;

(n) carrying a number of passengers that exceeds the designed seating capacity of the Vehicle or baggage or other items that would cause the vehicle to be overloaded;

(o) carrying or transporting any hazardous, toxic, flammable, dangerous or illegal materials;

(p) driving whilst using a mobile communication device that may distract you from driving, including driving while texting, emailing, using a cell/mobile phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;

(q) smoking in the Vehicle; and

(r)  allowing pets in the Vehicle, unless they are transported in locked pet carriers.

2. Any unauthorised use of the Services and/or a Vehicle must be immediately reported to EVie by email at [email protected] or by phone on the number shown on the EVie.je website. Failure to comply with this requirement or any authorised use of the Services or a Vehicle may result in termination of your registration for the Services and this Agreement, may void any applicable insurance coverage, and may subject a you to liability for any losses, liabilities and damages arising as a result of the unauthorised use of the Services and/or Vehicle.

Renting a Vehicle

(a) You can check current availability and reserve a Vehicle through the EVie App before picking up and using a Vehicle.

(b) The minimum Rental Period is one (1) hour and can be extended by durations of thirty (30) minutes thereafter, subject always to availability.

(c) The maximum Rental Period is seven (7) consecutive days. Should you wish to reserve the car for longer than seven (7) consecutive days, it may possible to arrange this by contacting us directly by email at hello.evie.je.

Cancelations

1. If you wish to cancel a reservation or shorten the Rental Period for which a vehicle has been reserved:

(i) for a Rental Period of less than eight (8) hours, you must do so at least three (3) hours before the scheduled start time of the Rental Period; and

(ii) for Rental Period of eight (8) hours or more, you must do so at least twenty four (24) hours before the scheduled start time of the Rental Period.

2. If you cancel or shorten a reservation outside of the applicable window, you may be subject to charges or cancellation fees, as further described in the Fees and Additional Charges Schedule.

Pick up and Returns

13. You must pick up the selected Vehicle at the Dedicated EVie Parking Spot as indicated on the EVie App or website.

14. At the end of your Rental Period, you must leave the Vehicle parked, secured, clean (rubbish removed), with at least a quarter charge of electricity, and in good working order, at the correct Dedicated EVie Parking Spot by no later than the end time of your Rental Period.

15 . You are responsible for all charges and costs incurred related the Vehicle for the duration of the Rental Period and until you notify EVie of the end of use by the required manner indicated on the EVie App.

16. You will be billed for the full amount of the Rental Period, even if the Vehicle is returned early. Should a Vehicle be returned late, you will be responsible for late fees as described in the Fees and Additional Charges Schedule.

17 . The Services Fees applicable to your use of the Services are set out in the Fees and Additional Charges Schedule which may be updated from time to time.

Recharging

When you use a Vehicle, EVie covers the cost of electricity to power the Vehicle, but you are required to top up the Vehicle if the electricity charge level drops below a 25 mile range at any Evolve or EVie Charging station on the island. A map showing all charging stations can be found at evie.je/chargingstations. We will provide you with an Evolve card for when a charge has been taken from an Evolve station.  If the Evolve card is missing or not functioning, EVie will reimburse you for the actual cost of the charge if you pay for it yourself.

Eligible Expenses and Maintenance/Cleanliness

1. An Eligible Expense is defined as the following:

(i) an expense incurred by you for minor (under £15) routine maintenance and repairs required on a Vehicle during your Rental Period;

(ii) the cost of electricity when the Evolve charge card in the Vehicle is missing or not functioning; and

(iii)  any other expense that is authorised in advance by an EVie representative.

2. To be reimbursed for an Eligible Expense you must email us at hello.evie.je a copy of the receipt with the time and date and odometer reading at the time of the purchase within thirty (30) days of the end of your Rental Period.

Maintenance

1. Vehicles may require roadside assistance from time to time. Your use of the Services includes roadside assistance.

2. If your need for roadside assistance results from a breach of this Agreement, you may be charged for the costs of the service.

3. You must report to us atypical noises or driving feel, including but not limited to warning lamps, indicators, inappropriate or strange engine or other mechanical sounds, performance changes or unusual driving feel, as soon as noted by calling us on the Customer Services number noted on www.EVie.je.

4. If you fail to report such irregularities during your use of a Vehicle your registration for and use of the Services may be immediately suspended or terminated, in addition to any damages resulting from the continued use of the Vehicle despite such irregularities. Such damages are not limited to the Damage Fee and are not covered by EVie’s insurance or a Damage Fee Waiver (please see below further details regarding Damage Fee Waivers).

Breakdown

1. All breakdowns, accidents or similar incidents involving EVie Vehicles must be reported to EVie immediately by phone on the Customer Services number noted on www.EVie.je or email to [email protected].

2. When using a Vehicle, you must follow the owner manual’s instructions. If a problem arises that prevents or limits the use of the Vehicle or that may compromise safety, you must immediately notify EVie and follow EVie’s instructions. If you are instructed by an Evie representative you may pay for towing, repairs, and other expenses, (in which case these amounts will be considered Eligible Expenses reimbursable by EVie, or, if approved by EVie’s representative, you may charge them to EVie’s account with the applicable service vendor.

Accident

1. In the event of an accident you must call EVie immediately and complete EVie’s incident report [insert hyperlink] and provide/obtain the following information:

(i) the date, time, and place of accident;

(ii)  the number plates of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate’s number (with name, address and phone number of the insurance agent);

(iii) the names, addresses, and driver’s licence numbers of the persons involved in the accident;

(iv) the name, address, and driver’s licence number of the owner of the car (if he or she is not the driver);

(v) the name, addresses, and phone number of witnesses, passengers, and any other involved persons; and

(vi) circumstances of the accident.

Depending upon the severity of the accident, you may also be required to fill out and obtain an official police report form, and, if possible, provide a jointly agreed-upon statement.

2. You must provide to EVie and any other third party we may reasonably require, the findings of any report or any notice relating to a claim or a lawsuit against EVie in relation to any accident involving a Vehicle. You agree to cooperate fully with EVie in the investigation and defence of any such claim. Your Evie ID will be suspended until the investigation has been concluded.

3. You shall be responsible for the costs related to the repair, recovery, and loss of use of any Vehicle and all third party injuries and property damages resulting from any incident, up to the current Damage Fee as set forth in the Fees and Additional Charges Schedule [hyperlink] except to the extent that Damage Fee Waiver has been purchased. Estimates for any costs will be available to you for review and costs may be assessed in advance of repair.

Traffic Violations

1. You are responsible for any traffic violations incurred during your reservation or as a result of your use of a Vehicle. These include, but are not limited to:

(i)  parking violations,

(ii)  speeding violations;

(iii) running red lights; and

(iv)  photographic enforcement.

2. You are liable for all penalties for traffic violations, including fines for late payment and processing fees added by the issuing authority. You are liable for payment any fines for evasion. Wherever possible it is your responsibility to pay the relevant authorities directly.

3. We may impose a fee in connection with processing any such violations. See our Fees and Additional Charges Schedule. You must report such violations to an EVie representative as soon as possible within the prescribed deadline for the violation (for example, if the case is being taken to court).

4. At the end of your use of a Vehicle and/or Rental Period, you must not leave a Vehicle in a place which has parking restrictions, or which is not within the Dedicated EVie Parking Spot. If you leave the Vehicle in such a restricted zone, you must immediately notify EVie by phone on the Customer Support number listed on www.EVie.je, and you will be responsible for any and all violation notices, parking charges or towing charges incurred by EVie.

5. A Vehicle used for a Roundtrip must be returned to the same Dedicated EVie Parking Spot from which it was collected. A Vehicle used for a Varied Drop Off trip may be returned to a different Dedicated EVie Parking Spot from which it was collected.

6. In the event that there is a vehicle parked in the designated Dedicated EVie Parking Spot, you must call EVie on the Customer Support number listed on www.EVie.je and we will provide you with an alternative location. You must also photograph the vehicle parked in the Dedicated EVie Parking Spot and upload the photograph to [email protected]

7. Where a violation, incurred during your Rental Period or after it as a result of failure to adhere to parking regulations, is sent directly to EVie, EVie will either pay the penalty/fee on your behalf and then add the penalty/fee to your account or EVie may, if permitted by the authority issuing the violation, transfer liability for the penalty/fee notice to you and you will then be wholly responsible for all correspondence with the appropriate authority and any penalties/fees due. We will always inform you which one of these two courses of action we have taken, and we will endeavour to provide notice you before we pay any penalties/fees attributable to you. Once paid by EVie, it may not be possible for you to challenge the penalty/fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to EVie and will be at EVie’s absolute discretion. In the case of speeding notices or traffic violations, EVie is obliged by law to pass on your details to the police who will then contact the you directly.

Cleanliness

You must maintain the cleanliness of the exterior and interior of any Vehicle used by you. This will be an Eligible Expense, reimbursable for up to £10.

Taking a Vehicle Abroad

(a)  Taking a Vehicle outside of Jersey, Channel Islands, without written permission from EVie and a valid “vehicle for hire” certificate for the duration of use is prohibited. Our permission will be given at our absolute discretion and subject always to the availability of Vehicles.

(b)  You must notify EVie at least seven (7) days prior to departure if you intend to travel overseas with a Vehicle during your Rental Period. Details of the trip must be provided to us, including dates and destination.

(c)  You will be responsible for sourcing any additional equipment necessary to comply with foreign driving regulations including, but not limited to, reflective jackets, warning triangles and headlamp adjusters.

Application process and fees

1. You shall pay EVie all applicable application and subscription fees associated with your subscription plan. You are advised to familiarise yourself with the Fees and Additional Charges Schedule.

2. If you provide false information or fail to provide information reasonably required by EVie when applying for subscription, we may refuse to approve your application for registration for and use of the Services, in which case the application fees will not be refunded.

3. If your subscription plan includes an annual or monthly fee, your initial subscription fee will be charged to you within five (5) days of subscription approval and will only be refundable if you terminate your subscription within the first thirty (30) days following approval.

4. If at any time you wish to cancel your subscription, please contact us by email at [email protected]

Billing

1. You are required to pay all fees and costs due under or in connection with this Agreement and your use of the Vehicles and Services when due.

2. As part of the registration process on the EVie app you will need to provide a valid credit card, debit card, direct debit or other any other means as established by us. You are responsible for providing and maintaining current credit card, debit card or direct debit information on file with EVie. Ongoing issues with credit card, debit card or direct debit billings may result in termination of your registration for and use of the Services. Under no circumstances will EVie be responsible for any overdraft or other fees charged by your credit or debit card company or bank.

3. If your Service Fees or any other fees due under this Agreement become overdue, your registration for and use of the Services will be suspended. For overdue accounts, EVie may also change when payment is due and/or terminate your registration for and use of the Services. EVie may engage third parties to collect amounts owed to Evie by you and you  will also be responsible for the associated costs. EVie reserves the right to charge interest on overdue charges at the applicable legal interest rate plus four per cent (4%).

Personal Data

1. EVie may use any information you provide, including any personal information, for the purposes of processing and collecting payment under this Agreement, for monitoring fraud and dealing with any issues before, during and after registration for and use of the Services. For more details concerning the processing of your personal data, please read our Privacy Policy.

2 . You are responsible for ensuring that the details you provide us remain up to date. These include:

(a) current email address;

(b) mobile phone number;

(c) preferred search address;

(d) correspondence address; and

(e) other account information.

We routinely monitor and record our telephone calls, live chats, email correspondence and social media communications with our customers. By using these communication channels with us you are consenting to the recording or monitoring of your calls, emails and social media communications.

Compliance with laws

1. If you do not have a Jersey, Guernsey or UK driving licence, you must comply with the legal requirements for driving in Jersey or Guernsey on a foreign licence.

2. EVie may at any time require you to demonstrate compliance with the licencing laws of your jurisdiction of residence or impose further policies regarding the obligation to be licenced in their jurisdiction of residence.

3. EVie reserves the right to request additional information, such as a copy of a passport or proof of address at any time in connection with your registration for or use of the Services.

4. If:

(a) your driving licence is suspended or revoked or becomes invalid;

(b) has any further endorsements or accidents on your driving record; or

(c) if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit,

you agree to report such suspension, revocation, changes, conviction or citation to EVie immediately and your right to access and/or use Vehicles under this Agreement will immediately cease until further notice to the contrary by from us.

Failure to immediately notify EVie of any such events or providing EVie with any false information may lead to you not being covered by EVie’s insurance policy when driving a Vehicle and/or termination of your membership with EVie.

Liability for damages

1. Subject to paragraph 8 below, you are responsible for any and all damage that occurs to a Vehicle whilst the Vehicle is in your possession or control.

2. Subject to paragraph 8 below, you are responsible for the full value of any damages or injuries caused to third parties or their property by your use of any Vehicle, including:

(a) the repair costs (estimated or actual) for the Vehicle and third-party property;

(b) injuries to third parties;

(c) costs associated with the recovery or transportation of the Vehicle; and

(d) the loss of use of EVie vehicles or third-party property.

3. EVie has in place insurance with a third-party insurance provider that may cover some or all loss or damage that may arise or result from your use of a Vehicle. To the extent loss or damage that arises or results from your use of a Vehicle is covered by Evie’s insurance, your responsibility for such loss or damages shall be limited to the Damage Fee. In such cases, you will be responsible for up to the full amount of the Damage Fee for actual, estimated or projected expenses, whether or not an actual claim is made or processed, unless the you have purchased a Damage Fee Waiver. If you fail to abide by the terms of this Agreement, the insurance cover EVie provides may not apply, which may render you responsible for the full cost of any accident or incident and any damage arising from such accident or incident.

4. Subject to paragraph 8 below, EVie shall not be responsible for any loss of, or damage to, any goods in or on the Vehicle or in or on any third party vehicle (unless any loss or damage is due to our wilful default, negligence or failure to carry out our obligations under this Agreement).

5 . Subject to paragraph 8 below, EVie shall not be responsible for any personal injury or death in relation to you or any third party arising from your use of a Vehicle.

6. Subject to paragraph 8 below, EVie is not liable to you under or in connection with this Agreement whether for tort (including negligence), breach of contract, misrepresentation or otherwise, for:

(a) loss or damage incurred by you as a result of any claims made by a third party, unless such loss or damage incurred is due to our wilful default, negligence or failure to carry out our obligations under this Agreement;

(b) loss or damage incurred by you arising from or in relation to either the reservation, supply, operation or use of a Vehicle; or any vehicle accessories whether supplied by EVie or you (luggage racks, bicycle racks, baby seats and the like – you are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless such loss or damage incurred is due to our wilful default, negligence or failure to carry out our obligations under this Agreement; or

(c) loss of profit, revenue, goodwill, business opportunity or anticipated saving suffered by you, even if foreseeable or if EVie has been advised of the possibility of such losses.

7. Subject to paragraph 8 below, in no event shall EVie’s total aggregate liability under or in connection with this Agreement, whether for tort (including negligence), breach of contract, misrepresentation or otherwise:

(a)            for third party property damage, exceed the amount of two million pounds sterling (£2,000,000); and

(b)            for all other loss or damage, exceed an amount equal to the greater of:

(i)             the aggregate [Service Fees] paid and payable by you during the twelve (12) month period prior to the first date on which an event giving rise to the liability occurred;

(ii)            £500; and

(iii)           for loss or damage covered by our insurance, the amount covered and paid to us by our insurance provider.

8. Nothing in this Agreement shall limit or exclude EVie’s liability for personal injury or death arising out of its wilful default, negligence or the negligence of its employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.

9. Any liability of EVie which falls within paragraph 8 will not be taken into account in assessing whether the financial limits in paragraph 7 have been reached.

Damage Fee Waivers

1. For an additional charge and should you be eligible, you can purchase a Damage Fee Waiver (DFW) to reduce your financial responsibility for damages arising from your use of Vehicles. The purchase of a DFW is optional and may be declined. A DFW is not insurance and does not provide or alter insurance coverage.

2. If you purchase a DFW, EVie will waive your responsibility for all or a portion of the applicable Damage Fee, based upon the buy down amount (all or partial) of the DFW purchased. A DFW applies only to you only as purchaser of the DFW. A DFW may also be limited to specific types or classes of Vehicle.

3. You should confirm whether any previously purchased DFW applies to the Vehicle being used before making a reservation.

4. The purchase of a DFW is non-refundable.

5. The cost of the DFW will vary based upon:

(a)            the term and type of DFW purchased (annual, monthly or per reservation);

(b)            Damage Fee reduction amount (all or partial); and

(c)            subscription location, driving experience and similar factors.

6. For annual or monthly waivers, the DFW is limited to the period stated at the time of purchase; after which, if you elect not to renew or repurchase or cancel a DFW, you will be once again responsible for the full Damage Fee.

7. A per reservation DFW applies only to the specific reservation for which it is purchased and is not transferable in any manner.

8. The elimination or reduction of liability for the Damage Fee through the purchase of a DFW will not apply, and previously purchased DFWs may be terminated by EVie, if you:

(a)            use the Vehicle in violation of this Agreement, including

(i)             permitting any other person to drive a Vehicle,

(ii)            engage in any prohibited use of a Vehicle or,

(iii)           purposely or through negligence, damage a Vehicle or third-party property;

(b)            have had your subscription suspended or terminated by EVie and/or have two at fault incidents in a Vehicle involving property damage or any third party;

(c)            fail to close and lock all windows, doors, the bonnet and boot and the Vehicle is stolen, damaged or vandalized;

(d)            fail to notify EVie immediately after an accident or loss; or

(e)            fail to pay any other amount due under this Agreement.

Insurance

1. Where you have an active Evie ID and your account is in good standing (i.e. you have no outstanding fees and you have and continue to comply with the terms of this Agreement) you will be provided with comprehensive motor cover when driving a Vehicle. For further information on the comprehensive motor cover please contact us by email at hello.evie.je.

2. Vehicles are insured in conformity with the European Directive 2009/103/CE concerning vehicles insurance and 2010/c 332/a concerning the minimum amounts of coverage for civil liability for any driving in the European Union. Indemnity is granted under the EVie insurance policy to you as the registered user of the Services and is subject to all its terms, conditions and exclusions.

3. Subject to the Damage Fee, there is cover for loss or damage to a Vehicle. There is. however, no cover for any damage caused by unreasonable carelessness or negligence. In these circumstances you will be fully liable for the cost of repair and/or replacement and any related costs.

4. The following items are not covered by the insurance:

(a)            damage to a Vehicle’s tyres, windscreens, windows; or

(b)            fuel contamination.

To the extent such damage or contamination occurs to a Vehicle in your possession and control due to your fault or negligence, you will be fully liable for the cost of any such repairs including replacement parts.

5. There is no cover for the theft of personal belongings from a Vehicle, or any personal accident benefits.

Term and Termination

1. This Agreement shall commence once we have accepted your completed subscription application and you have paid the applicable fees.

2. The Agreement shall continue in effect until such time as your subscription is cancelled by us or you in accordance with the terms of this Agreement.

3. You have the right to cancel this Agreement within fourteen (14) days of the commencement date without giving any reason by email to [email protected]

4. If you cancel the Agreement within the cancellation period and before we provide any Services to you, we will reimburse all payments received from you.

5. You can request Services to be provided during the cancellation period. If we provide Services during the cancellation period, you will still have the right to cancel this Agreement during the cancellation period in which case we shall refund a prorated portion of the fees due to be returned to you, proportionate to the Services rendered.

6. After expiry of the cancellation period, you may terminate this Agreement at any time by writing to us by email to [email protected]. Please note that no monthly, annual, application or similar fee will be refunded in the event of termination by you after expiry of the cancellation period, except as specifically provided in this Agreement.

7. We may terminate this Agreement at any time upon no less than thirty (30) days’ notice to you, in which event we will, if applicable, refund a prorated portion of your annual membership fee for the year of termination. You shall remain responsible for any fees, costs or expenses incurred during this period.

8. We may also, immediately terminate this Agreement and your Evie ID by giving you notice if the you:

(a)            fail to pay any sum due under this Agreement;

(b)            fail to comply with any term or condition specified in the Agreement or any Rules;

(c)            are involved in an incident with a Vehicle that, in our reasonable discretion, renders you ineligible or inappropriate for continued membership;

(d)            engage in any activities or conduct that we, in our reasonable discretion, determine to be inappropriate, negligent, offensive, abusive or otherwise unacceptable; or

(e)            are not paying the your debts as such debts generally become due, become bankrupt or insolvent, has proceedings brought by the Viscount of the Judicial Greffe in the form of en Déstastre or Degrevement,  files or has filed against you a petition (or other document) under any bankruptcy or insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition (or document), proposes any dissolution, liquidation, composition, financial reorganisation or recapitalisation with creditors, makes a general assignment or trust mortgage for the benefit of creditors, or if a receiver, trustee, custodian or similar agent is appointed or takes possession of any of the your property or business.

No subscription, Service Fees or other fees will be refunded in the event of termination pursuant to this paragraph 8.

9 . Upon termination, all of your rights to use your Evie ID, Services and Vehicles shall immediately terminate. You agree to return immediately to EVie any Vehicle or any other property of EVie that you have in your possession or control.

Miscellaneous Provisions

1. By registering for and using the Services, you represent and warrant to EVie that you have received all explanations as you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder.

2. You also represent that you have reviewed and understand the EVie Privacy Policy and acknowledge that any information shared by, or collected from or about, you may be used by EVie in accordance with the terms of the Privacy Policy as it may be amended from time to time.

3. The rights granted to you under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without the written consent of EVie shall be void and of no force and effect.

4. EVie may transfer its rights and obligations under this Agreement to a member of JEV Company Limited. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement. If you are unhappy with the transfer you may contact us by email to hello.evie.je to end the contract within fourteen (14) days of us notifying you about it and we will refund to you any payments you have made in advance for Services not yet provided.

5. No delay or omission by EVie to exercise any right or power occurring upon any non-compliance or default by you with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Any waiver by EVie of any covenant, condition, or agreement to be performed by you shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

6. If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.

7. This Agreement is governed by the laws of Jersey. All disputes hereunder shall be resolved solely in the Jersey courts. The parties hereby consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defences otherwise available.

8. Any notices or communication required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to EVie in the your completed subscription application or as updated by you and on file with EVie. Any notices or communication required or permitted to be given to EVie shall be in writing and shall be sufficiently given if delivered via email or sent by registered post as follows:

  • JEV Company Ltd., 46/50 Kensington Place, Jersey JE1 1ET
  • Email Address: [email protected]

Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted.