Whitecar Rental Terms & Conditions
Your Contract With Us
Please read this agreement carefully. If there is anything you would like to clarify, please contact us using the help button at the bottom of the page or speak to your Whitecar Personal Concierge. When you sign our rental agreement, you are accepting the conditions set out below.
You will have use of the vehicle for the period shown in the rental agreement. We may agree to extend this rental period, but the total rental duration will not exceed 30 days. If you do not return the vehicle at the time and date specified in your rental agreement, you will be in breach of a condition of this agreement.
We may charge you for every day or part thereof that you have the vehicle beyond the date and time you should have returned it to us. We will base these charges on our standard daily rate. If you do not follow the conditions of our agreement, we can ask you to bring back the vehicle before the date and time we have agreed with you. To do this we will give you written notice in person or send it to an address you have given on our rental agreement, including an email address, or via text message to your mobile phone, if provided. Once we have given you the notice in person, you will no longer have our permission to use the vehicle. If we send the notice via email or SMS, you will no longer have our permission to use the vehicle immediately. If we send you notice via first class post, two working days after we have posted the notice you will no longer have our permission to use the vehicle. We may then retrieve our vehicle.
If we believe you have given us false information which was material to the decision to rent the vehicle to you, we may retrieve the vehicle without giving you any notice. You will be required to arrange collection of the vehicle in these instances.
- You must inspect the vehicle and any accessories we provide before you accept the vehicle. If you are not satisfied with the vehicle or any accessories or if you do not think the condition of the vehicle matches our pre-rental inspection report, you must notify Whitecar immediately.
- You must take all reasonable care of the vehicle, any accessories and the keys or other locking device for the vehicle. You agree to return the vehicle in the same condition in which you received it. You must always ensure the vehicle is locked when not in use. You must always use your best endeavours to protect the vehicle against adverse weather conditions which could cause damage to the vehicle. You must charge the vehicle in accordance with the instructions provided, using only approved devices.
- Depending on section 8 of this agreement (‘Our motor insurance’), you are responsible for any damage to the vehicle. You must pay our reasonable costs for bringing the vehicle back to the condition shown in the pre-rental inspection report. This could include the cost of any damage inside and outside the vehicle, cleaning costs if the vehicle is very dirty or contaminated by a smell or pet hair or, replacement or repair of any items or accessories provided to you.
- You must not smoke inside the vehicle. Doing so will result in a charge of £100
- You must not sell, sub-rent or dispose of the vehicle, any of its parts or accessories. You must not give or try to give anyone the legal rights to the vehicle or transfer legal ownership.
- You must not let anyone work on the vehicle without our express permission.
- You must let us know as soon as you become aware of any defect with the vehicle, or if the vehicle is stolen or involved in an accident. Failure to notify us may result in you breaking this agreement and becoming liable for any costs we incur.
- If we have agreed to deliver the vehicle to an address you have given us, you will be responsible for the vehicle from the time we deliver it at this address. If you are not present you assume responsibility immediately.
- Unless we have agreed to collect the vehicle from you, you must return the vehicle to the location or hub we agreed on the date and time agreed with Whitecar. When you return the vehicle, our staff will inspect it. If we have agreed to allow you to return the vehicle outside of our opening hours, you will remain responsible for the vehicle and its condition until our staff have inspected it. We may need to clean the vehicle before our staff can check its condition.
- You must not carry any object or substance which, because of its condition, size or smell, may harm the vehicle or prevent us from renting or selling it.
- We will identify and inform you of any existing damage to the vehicle before you sign the rental agreement.
- The vehicle you have hired may be fitted with a tracking device, and by signing the rental agreement you agree that we have your consent to record and use any data we collect. The tracking device will be used to ensure safe and compliant operation of the vehicle in line with the terms of this agreement. If the vehicle is not returned on the agreed date, time and place we will use the data recorded on the device to recover our vehicle.
- We have maintained the vehicle to at least the manufacturer’s recommended standard. The vehicle is roadworthy and suitable for you to use at the start of the rental period.
- We are responsible if someone is injured or dies as a result of our action or failure to act. We are also responsible for any loss you suffer as a result of us breaking this agreement, if we could have predicted your loss at the time this agreement started and it is a result of us breaking this agreement. We are not responsible for any indirect losses which occur as a side effect of the main loss and which we or you could not have predicted, such as loss of profits or loss of opportunity
We are only responsible for loss or damage to property in the vehicle if the loss or damage is a result of our neglect or if we have broken this agreement.
You are responsible for removing your personal belongings, including your data, from the vehicle at the end of the rental period, as we are not responsible for any items/data you leave in the vehicle.
If you do leave items in the vehicle, we may agree to keep them for you to collect within a reasonable time. We may charge you reasonable costs for storing the items or for returning them to you.
Conditions For Using The Vehicle
Only you and any other driver named on the rental agreement, and anyone we have given written permission to, can drive the vehicle. Anyone driving the vehicle must have a full driving licence valid for the type of vehicle you are renting.
You must not rent the vehicle to anyone else. You must also not use the vehicle or let someone else use it:
- for any illegal purposes or in a way which would cause nuisance;
- to carry passengers for a fee;
- for driving lessons;
- to tow or push any vehicle, trailer or other object, without our written permission;
- for racing, pacemaking, or to test the vehicle’s reliability, performance or speed;
- off roads or on roads unsuitable for the vehicle;
- if you or the driver has been drinking alcohol or taking drugs that would result in the vehicle being operated illegally;
- outside the United Kingdom, unless we have given you written permission and a Vehicle on Hire Certificate (VE103B);
- if it is loaded beyond the manufacturer’s maximum weight recommendations;
- to carry unsecured loads;
- to carry more passengers than the vehicle was manufactured to legally carry
You will be responsible for paying the following charges:
- The rental and any other charges we work out according to this agreement.
- Any cancellation charges in accordance with our cancellation policy (see Section 13).
- Any charge for loss or damage resulting from non-compliance, as set out in section 3 and 6 (above), including, where applicable, an administration fee to reflect reasonable administration costs which arise in dealing with these matters.
- Charges associated with recharging the vehicle, or transporting it to a location where it can be recharged, where you have returned the vehicle with a range of less than 35 miles.
- All charges, including legal and administrative costs for any road-traffic offence or parking (local authority or private), congestion or toll charges, or any other offence or charges involving the rental vehicle, including costs from the vehicle being clamped, seized or towed away. You are responsible for paying the appropriate authority or company for any charges and costs if and when they ask you or us for these payments. However, where it is not reasonably practicable to transfer liability for any such fine or charge, we may use our discretion to settle the fine or charge with the appropriate authority and re-charge you such amount together with an administration charge to reflect our reasonable administration costs. Should you wish to appeal, contest or dispute any such fine or charge we shall pass all relevant information to you and you must liaise directly with the appropriate authority or company to obtain any refund, where this is possible.
- The reasonable cost of repairing any damage to the vehicle which was not noted at the start of the agreement, whether you were at fault or not (depending on section 4). You will also be responsible for paying the reasonable cost of replacing the vehicle if it is stolen or written off, depending on any insurance or cover you have (as set out in section 8 below), if and when we demand this payment. You will also be responsible for paying our reasonable administration charges for dealing with this matter. Should we consider damage to the rental vehicle to be caused by your gross negligence, serious carelessness, or deliberate misuse, then we reserve the right to recharge the full cost of repairs regardless of the cover that has been taken out, e.g. driving the vehicle illegally or driving through a flood. Any call out for a customer induced fault, (e.g. losing the key to the vehicle) could lead to additional charges being applied to the rental agreement.
- A loss-of-income charge, when we demand it, if we cannot rent out the vehicle because it needs to be repaired, if it is a write-off (it cannot be repaired), or if it has been stolen and we are waiting to receive a full payment of the vehicle’s value.
- Where we charge you for loss of income, we will charge you at the published daily rate, and we will never charge you for more than 30 days rental charges. In addition, we will also make suitable deductions for any costs which we have avoided during the period that the vehicle cannot be rented, up to a maximum of 30 days. We will always do everything we can to make sure the vehicle is repaired as soon as possible.
- Any recovery charges arising from the Driver and Vehicle Services Agency (DVSA), HM Revenue & Customs (HMRC), the police, or any other organisation or their agents, who have seized our vehicle while on hire to you. You will also have to pay us a loss-of-income charge while we cannot rent out the vehicle.
- Any published rates for delivering and collecting the vehicle, a charge for an extra driver or returning the vehicle late, and charges for accessories such as child car seats, satellite navigation systems and other similar items if applicable.
- Interest, which we will add every day to any amount you do not pay us on time, at the rate of 4% a year above the base lending rate as published by Barclays Bank.
- You are responsible for any loss or damage to additional equipment hired at time of rental including but not limited to satellite navigation equipment, baby seats etc, regardless of whether we have charged you for the use of these accessories.
- We will work out all charges in line with this agreement, and they will include VAT (if this applies).
You are responsible for all charges, even if you have asked someone else to be responsible for them.
Our Vehicle Insurance
We will provide comprehensive insurance for the duration of your rental, up to 30 days. This insurance is valid only in the United Kingdom, unless agreed in writing. Our insurance covers only drivers who we have agreed to insure, and who have provided all of the relevant information, including their drivers licence, DVLA drivers licence check code (where appropriate), address and identity documents (where requested).
You have been informed that our insurance policy has an excess of £3500, meaning that you are responsible for the first £3500 of any damages or costs. Our insurance will cover any damages or costs exceeding £3500, provided you have complied with the terms set out in this agreement.
We will only insure drivers who meet the below conditions. By signing this rental agreement, you agree that you meet these conditions:
- You are aged between 25 and 75 years, with the rental starting not before your 25th birthday and not after your 75th birthday.
- If you hold a UK licence, you have done so for at least three years.
- If you hold a licence issued by a country other than the UK, you have ensured that this licence entitles you to legally drive the type of vehicle you are renting, in the UK.
- Have no more than 6 points on your licence, and these points must only be for TS or SP offences. You must fully disclose any and all penalty points to us.
- To the best of your knowledge, you have no medical conditions, which could affect your legal entitlement or ability to drive.
- You have never been refused insurance or had a policy cancelled by your insurer.
Vehicles denoted with a ‘P’ have alternative criteria as follows:
- You must be aged between 30 and 75 years
- There is an excess of £5000 which cannot be covered by means of third party excess insurance.
- Minimum of 2 day rental charge applies
- These vehicles may be fitted with dashcams and/or telematics devices
Your Own Motor Insurance
If we have agreed prior to the conclusion of the rental agreement, you may arrange your own motor insurance to cover your legal responsibility for any loss or if the vehicle is stolen or damaged for the full period you are renting the vehicle for and third party liability. You must prove that this motor insurance is valid and sign the confirmation on the rental agreement. We have the right to agree:
- the amount of cover you arrange;
- the type of policy you choose; and
- the insurer you choose.
We must be satisfied with the motor insurance cover and policy conditions, and you must not change them. We may ask your insurers to record our name as owners of the vehicle. If the vehicle is damaged or stolen, we will negotiate any settlement for loss or damage with your insurers, and we will receive any money they pay out. This includes allowing us to take legal action in your name and defending any proceedings taken against you. You are responsible for paying the full claim and paying all costs if the policy you have arranged fails and the vehicle is damaged, lost or stolen, or someone else makes a claim.
It is your responsibility to ensure details of all vehicles supplied by us for a period of more than 14 days are entered onto the Motor Insurance Database within 3 days of the vehicle being supplied to you. If we receive any notices or penalties relating to the vehicle being uninsured then we will ask you to pay our reasonable costs for dealing with them.
What to do if you have an Accident or the Vehicle is stolen.
If you are involved in an accident, you must not admit that you are responsible. You should describe the situation as fully as possible when you are asked to do so by the police and the rental company. You should get the names and addresses of everyone involved, including witnesses. You should also:
- make sure the vehicle is secure;
- tell the police as soon as possible if anyone is injured or if there is a disagreement over who is responsible;
- contact Whitecar as soon as possible.
You must then fill in our accident report form and send it to Whitecar.
If the vehicle has been stolen, you must tell us as soon as possible and confirm this in writing as soon as reasonably possible. You or any authorised drivers will also need to:
- record the names and addresses of any witnesses and give them to us;
- send us any notices or other documents relating to any legal proceedings arising out of the theft or loss;
- help us and our insurers in any legal proceedings, including allowing us to take legal action in your name and defending any legal action taken against you;
- give us back all keys and report the theft or loss to the police as soon as reasonably possible.
- By entering into this rental agreement you agree that we can process and store your personal information in connection with this agreement, including data collected from the vehicle. We may use your information to analyse statistics, for market research, credit control and to protect our assets.
- You agree that if you break the terms of this agreement we can pass your personal information to credit-reference agencies, debt collectors, the police or any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), which can share your personal information with its members to prevent crime and protect their assets, as allowed under the Data Protection Act 1998.
Ending This Agreement
We will end this agreement if we find out that your belongings have been taken away from you to pay off your debts, or a receiving order has been made against you. We may end this agreement if you do not meet its main conditions.
If you are a company, we will end this agreement if:
- you go into liquidation;
- you call a meeting of creditors;
- we find out that your goods have been taken away from you until you pay off your debts;
- you do not meet any of the conditions of this agreement.
If we end this agreement, it will not affect our right to receive any amount you owe us under the conditions of this agreement. We can also claim reasonable costs from you if you do not meet the main conditions of this agreement. We can repossess the vehicle and charge you a reasonable amount for doing so.
You have the right to cancel your rental at any time. The following conditions apply:
- more than 48 hours notice will result in a full refund of the rental fee minus £35.
- more than 24 hours notice but less than 48 hours notice will result in a refund of 50% of the rental fee.
- less than 24 hours notice will result in no refund.
- rearrangement to a booking of similar financial value will incur no fees. This rearrangement is offered on a one off basis.
We aim to deal with all disagreements fairly and calmly. If we cannot deal with a disagreement, the matter can be taken to the BVRLA’s conciliation service which is available to Whitecar and Whitecar Customers. This agreement is governed by the laws of the country in which you signed it. Any disagreement may be settled in the courts of that country. This agreement contains all the conditions which we have agreed and replaces any written or verbal agreements we have with you.