1. Scope of the General Terms and Conditions and right of usage
The General Terms and Conditions apply to the entire business relationship between the customer and GoCar CarSharing Limited. In addition, the Price List, the Customer Manual, the Vehicle Handbook in the vehicles, the Insurance Terms of the Vehicle insurer and everything in the respective applicable version apply. The insurance terms can be viewed during office hours in the GoCar CarSharing office. Only the Directors of GoCar CarSharing are authorised to agree to verbal deviations and supplements to these General Terms and Conditions.
Drivers authorised by GoCar at time of sign up must be at least 21 years of age and may use the vehicles provided by GoCar CarSharing. Authorised drivers must be in possession of a full driving license for two years, if the licence validity is less than two years, authorisation is at GoCar CarSharings discretion. The license must meet the legal requirements for driving the respective vehicle and has been issued by one of the following countries: (http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driver_licensing/exchanging_foreign_driving_permit.html). Acceptance of any licences with penalty points are subject to GoCar CarSharings discretion.
In this, a typical basic contract, the right to use the vehicles and the fulfilment of these rights without interruption also depend on the behaviour of GoCar members. Irresponsible behaviour may result in termination of GoCar membership. Irresponsible behaviour includes but is not limited to; leaving a GoCar or GoVan in an untidy state after a booking, consistently returning late without notification; causing damage during a booking but not reporting same; misplacing vehicle keys; placing the wrong fuel type in a vehicle or returning a GoCar with less than ¼ of a tank of fuel; speeding in a GoCar, being on a mobile phone while driving or reckless driving may result in termination of membership, this is at the discretion of GoCar. Driving under the influence of alcohol or drugs will lead to immediate termination of membership. GoCar reserve the right to terminate membership if irresponsible behaviour deems it necessary.
2. Financing contribution & registration fee.
At the start of the contract a once–off registration fee is paid. These fees may increase due to the appointment of authorised drivers. The amount of the registration fee is clearly marked at time of sign up at gocar.ie. GoCar CarSharing Limited reserves the right to amend rates with the required notice period.
The customer will only be given access to use GoCar when the registration fee is paid and valid payment details are in place.
GoCar will invoice the Authorised Driver for their use of the Vehicle in accordance with the price list as applicable from time to time for individual rentals and notified to the Authorised Driver. The current price list can be found at www.gocar.ie. GoCar will be entitled to change the price list and payment terms for future rentals at any time.
The rental price inclusive of VAT shall be due for payment at the end of the agreed rental term. Payments will be effected according to the payment method chosen by the Authorised Driver. The invoice will be sent automatically by e-mail to the Authorised Driver no later than 10 days following end of the individual rental agreement.
GoCar will provide an invoice to the Authorised Driver following the conclusion of the rental period by email (to the email address provided by the Authorised Driver). Alternatively, members can log into their personal account to access invoices. The Authorised Driver must immediately notify GoCar if an invoice is not received, or if the same cannot be accessed.
When payment is made by credit card the Authorised Driver is obliged to provide security (a deposit) for the fulfilment of his obligations when the rental period commences if GoCar requests. GoCar is not obliged to invest the security separately from its assets. The security shall not bear interest. The Lessor can enforce its right to payment of security even a considerable time after commencement of the rental agreement. Unless otherwise agreed, the rental charge, all other agreed charges and the security (deposit) will be charged to the Authorised Driver’s credit card. Instead of debiting the Authorised Driver’s credit card, GoCar can, by making a so-called merchant request in its favour, have a sum in the amount of the deposit frozen under the credit facility granted to the Authorised Driver by their credit card institution for the credit card.
When paying by Direct Debit the Authorised Driver must ensure upon receipt of the invoice that the bank account to which the Direct Debt relates has sufficient funds for payment of the invoiced amount to be taken.
The Authorised Driver is liable for any processing/administrative costs arising from any late payment of the above charges, without prejudice to the right to claim any further damages due to late performance.
The Authorised Driver authorises GoCar to charge the payment account (credit card, debit card or current account) stated at the time of the first rental for all later rentals as well as any other charges which the Authorised Driver owes under or in connection with the rental (such as, for example, the registration fee, flat-rate charges for expenses in the case of any violation of any traffic regulations, toll offences, contractual penalties, etc.).
When payment is made by credit or debit card, the Authorised Driver must only use their own card or, where a business credit or debit card is used, a card that they have permission and authority to use.
Member accounts may be placed on hold if payments for trips or membership fees are declined. Failure to pay may be due to the payment card being expired or no funds available. In either case the member will be informed that the account is on hold. Any outstanding balances due to GoCar CarSharing Limited will be recovered by the Accounts Department.
Monthly credit limits are set at the start of the contract, once the credit limit has been reached the customers account will go on automatic hold. To resolve this please contact our accounts team on 1890 446 227 or email email@example.com, Monday-Friday 9am-6pm.
3. Returning the vehicle
The authorised driver is obliged to return the vehicle in good condition by the end of the reservation period. The return will be considered to be in good order if the vehicle is clean on the inside, with at least ¼ tank of fuel. All lights must be turned off and the doors locked to prevent theft. It must be parked legally in a parking space at the GoBase. If there is no space available the car must be parked legally as close as possible to the GoBase. A voicemail should be left or an email sent to firstname.lastname@example.org notifying GoCar of where the vehicle is parked so the next customer can be notified of its location. In addition, all power consuming accessories must be switched off as this can run the battery down and may result in a fine. The key must also be securely deposited in the keypad in the vehicle.
All GoCars must be returned to the original GoBase they were collected from. Failure to return the GoCar to it’s GoBase will result in a relocation fine of up to €50.
GoCar CarSharing accept no responsibility for property left behind in a vehicle at the end of a booking. Such properties are the sole responsibility of the authorised driver or passenger who left them in the vehicle during a booking.
Refuelling – each vehicle should be returned to base with ¼ of a tank or more, out of courtesy for the next driver. If you need to refuel there is a Topaz fuel card and PIN provided. In circumstances where it is necessary to pay for fuel on a personal debit / credit card, GoCar will refund to same debit / credit card once a valid fuel receipt is confirmed. Alternatively we can apply a matching credit on the GoCar account to offset the personal cost for fuel.
Illegal parking – If a GoCar is parked in a space which results in the vehicle being clamped, towed away or impounded, the cost of the fine and an administration fee of €25 for this will be passed to the Member who parked the car illegally.
Late returns- should a GoCar member be late returning the vehicle, GoCar CarSharing must be informed by phone or an email sent to email@example.com. This is applicable during and outside office hours. Time exceeded over a GoCar members original booking is charged at 200% of the hourly rate. Un-notified, late returns are also subject to a fine of €25.
Cancelations- should a GoCar member need to cancel a booking they can do so up to 24 hours before hand with no charge. Less than 24 hours and you are charged 50% of the hourly fee.
- You are cancelling your trip next week: free of charge
- It’s 12:00 and you are cancelling your trip tomorrow from 14:00 – xxx : no charge.
- It’s 12:00 and you are cancelling your trip tomorrow at 10:00 – 14:00: 2h are charged at a 50% of the hourly rate.
- It’s 12:00 and you are cancelling your trip today at from 14:00 – 18:00 : 4h are charged at 50% of the hourly rate.
4. Liability of the GoCar driver
The authorised driver is liable for all damage that occurs during the reservation period. If the damage is only pointed out to GoCar CarSharingbythe next customer, the authorised driver is then liable if it is proven that the damage cannot have occurred in the GoBase.
The liability of the authorised driver is limited to the excess specified in the respective, applicable price list for damage to a vehicle, provided the vehicle was used according to the contract and the damage was reported immediately.
The authorised driver can reduce their excess by paying an annual Damage Excess Waiver (DEW) charge. The scope of the reduction in liability is set out at time of sign up on line.
The authorised driver is liable to GoCar CarSharing for the full amount of any damage that is the result of wilful or gross negligence or non-compliance with the General Terms and Conditions, the Legal Regulations or the general insurance terms. Wilful or gross negligence includes but is not limited to: driving under the influence of drugs or alcohol, placing wrong fuel in a vehicle, giving your GoCard and PIN to any other person.
GoCar CarSharing is entitled to dispense with using its own insurance in order to get its claim-free discount, without this reducing the scope of liability of the authorised driver.
5. Insurance protection during the booking period
All vehicles are insured with liability, third party, fire, theft and fully comprehensive coverage. The utilisation of insurance services is permitted only after prior co-ordination with GoCar CarSharing.
6. Liability of GoCar CarSharing
GoCar CarSharing is liable for damages resulting from fatal injury, bodily injury and loss of health, which were caused by negligent violation of the obligations of a legal representative or assistant. For the rest, GoCar CarSharing’s liability is limited to intentional and gross negligence. This especially applies to damage resulting from a vehicle not being available despite being reserved.
If your chosen reserved vehicle is not available at the reserved time period, for reasons beyond GoCar CarSharings control, GoCar CarSharing may give compensation of a taxi fare (up to €25) to and from an alternative GoBase as listed in the user manual.
GoCar CarSharing and service providers may collect information from the rental vehicle which may include data about the vehicle’s location, speed, distance travelled and operation. As a member you agree that the rental company and service providers can, subject to the applicable law, use and share any of this information to: (a) provide services to me; (b) assist emergency service providers, or other, as reasonably needed; (c) check or maintain the vehicle; (d) develop new products and services and improve existing ones; (e) enforce this Agreement; (f) prevent fraud, abuse or misuse of the services; (g) comply with legal requirements, including valid court orders and subpoenas; or (h) protect the rights, property, or safety of the member or others. Because the rental company provide service through wireless and other common carrier networks, they can’t guarantee that communications won’t be intercepted by others. Members agree not to hold the rental company liable for any damages for loss of privacy occurring in communication over such networks.
7. Contractual Penalties
The customer will pay a contractual penalty if s/he violates a rule in the General Terms and Conditions. A list of fees are provided in the user manual. This is particularly the case if s/he leaves the vehicle with someone who is not authorised to drive, returns a vehicle late, soils the vehicle, leaves rubbish in the car, does not return a vehicle in good condition, does not return with over ¼ of a tank of fuel, parks illegally, or loses a GoCard. Behaviour such as littering, speeding and illegal parking that results in a fine shall be passed on to the customer responsible along with a €25 administrative fine. Illegal parking which requires GoCar to relocate the vehicle may also result in a call-out charge.
8. Blocking and confiscating the GoCard
GoCar CarSharing can block any or all GoCards if the customer or an authorised driver violates the contractual obligations. In such cases, the usage rights are suspended until further notice. Some monthly fees will continue to accrue if the affected authorised driver is not de-registered.
9. Cancellation and handling of the Contractual conditions after completion
Any party can cancel the participatory contract when they wish. Two weeks’ notice prior to the end of the month must be given by email to GoCar CarSharing. To cancel your membership email firstname.lastname@example.org requesting to cancel your membership at least two weeks prior to month end. Your GoCard must also be posted back to GoCar CarSharing Ireland to the following address.
GoCar CarSharing Ltd
35 Northwood Court,
Northwood Business Park,