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Our Courtesy Car Terms & Conditions
JF AUTOMOTIVE LTD is registered in England and Wales under Company No. 0765132 with registered office at Unit 31 Integra, Bircholt Road, Parkwood Industrial Estate, Maidstone Kent, ME15 9GQ
1. How to Contact Us
1.1. How to contact us. You can contact us by phoning our customer relations team on 01622 321500, by sending us an email via sales@jfautomotive.co.uk, or writing to us at Unit 31 Integra:me Business Park, Bircholt Road, Parkwood Industrial Estate, Maidstone, Kent ME15 9GQ.
1.2. How we may contact you. If we have to contact you we will do so by phone or by sending you an email to the email address you provided to us in the Agreement.
2. Our Agreement With You
2.1. As a gesture of goodwill for using JF Automotive, we will provide to you a Courtesy Car, free of charge, subject to the terms and conditions of our Agreement.
2.2. Our Agreement will start on the date at the beginning of our Agreement and will end once the Courtesy Car has been returned, in accordance with the terms and conditions of our Agreement.
3. Insurance
3.1. You will need to seek cover from your insurers for full and comprehensive car insurance cover to cover and any loss or damage to the Courtesy Car or any third party whilst you are operating the Courtesy Car.
3.2. In entering into this Agreement, you confirm the following:
3.2.1. you are the age of 21 or over;
3.2.2. you have not had any car accidents, claims on your car insurance or convictions in the previous 5 years except those previously notified to us;
3.2.3. you hold a full UK driving licence which has not expired; and
3.2.4. you have not been disqualified from driving.
3.3. Failure to disclose any information under this clause could render the Courtesy Car agreement void and you will be held personally liable for any damage or loss to the Courtesy Car and/ or any third party claims for damage or loss as a result of your use of the Courtesy Car in contravention of these terms, together with any expenses and costs incurred by us.
3.4. You agree that in the event of loss of or damage to the Courtesy Car whilst it is in your possession, you will immediately pay to us £500 to cover the insurance excess under our insurance policy.
4. Ownership and Possession
4.1. The Courtesy Car shall at all times remain the property of us, and you shall have no right, title or interest in or to the Courtesy Car (save the right to possession and use of the Courtesy Car subject to the terms and conditions of our Agreement).
4.2. You agree that your possession and use of the Courtesy Car is subject to the condition that you are the registered owner of the vehicle in for one of our services with our automotive centre and you ordinarily have use of such vehicle.
5. Restrictions on Use
5.1. You must not:
5.1.1. allow any other persons other than yourself to drive the Courtesy Car;
5.1.2 smoke in the Courtesy Car (including e-cigarettes);
5.1.3. allow dogs or other animals in the Courtesy Car;
5.1.4. use the Courtesy Car for any illegal or immoral purpose;
5.1.5. use the Courtesy Car in any way which will negatively affect the condition of the Courtesy Car;
5.1.6. use the Courtesy Car for business purposes, including as part of a service for hire or reward;
5.1.7. use the Courtesy Car to deliberately cause personal injury or property damage;
5.1.8. race or test the Courtesy Car’s speed or reliability;
5.1.9. teach an individual how to drive in the Courtesy Car;
5.1.10. use the Courtesy Car whilst under the influence of drugs, alcohol or narcotics;
5.1.11. use the Courtesy Car to travel outside of the United Kingdom;
5.1.12. use the Courtesy Car to carry more passengers than there are seatbelts;
5.1.13. carry children in the Courtesy Car without such car seats as may be required by law;
5.1.14. breach any safety precautions prescribed by law;
5.1.15. propel or tow a vehicle, caravan, trailer or other equipment unless we have provided express permission and the Courtesy Car is fitted with a tow bar;
5.1.16. drive the Courtesy Car on any surface other than that of a paved road;
5.1.17. drive the Courtesy Car recklessly or carelessly; or
5.1.18. drive over the allocated mileage restriction of 100 miles per day, any excess mileage will be charged at the rate of 10 pence per mile, unless we have expressed permission for you to go over daily allowance.
6. Your Obligations
6.1. Whilst the Courtesy Car is under your possession, you must:
6.1.1. ensure you lock the Courtesy Car when it is not in use, and secure its contents;
6.1.2. check the water level, AdBlue, oil and tyre conditions and pressure at regular periods;
6.1.3. use fuel that is appropriate for the Courtesy Car, as notified by us or indicated in the Courtesy Car;
6.1.4. pay any administrative fines, fees, charges, costs, penalties or other fines that are imposed, issued or incurred in connection with your use of the Courtesy Car, such as fines or fees for illegal parking or speeding, non-compliance with bus lane, congestion charges, tolls or violations of the rules of the highway or traffic offence or contravention to the extent permitted by law and not caused by us. You will actively pay to us any costs or expenses incurred by us arising from the payment or recovery of such fines, fees, charges, costs or penalties within three days of receipt of an invoice from us for such costs, to a bank account nominated by us.
7. Incidents, Theft, Damage and Reporting
7.1. If, whilst in your possession, the Courtesy Car is lost or stolen, or you are involved in an incident or the Courtesy Car suffers damage in any way:
7.1.1. In the case of loss or theft, you shall report the loss or theft to the police and us as soon as possible after becoming aware of the Courtesy Car being lost or stolen;
7.1.2. In the case of an incident:
7.1.2.1. you shall report the incident or damage to us as soon as possible;
7.1.2.2. you shall not make any admissions as to liability to any third party unless required to do so by our insurers;
7.1.2.3. you shall request the names and addresses of all individuals involved, including witnesses; and
7.1.2.4. where the incident was caused by you, you shall be entitled to make a claim for damage to the Courtesy Car or third party vehicle through your own insurance policy or against you personally.
7.1.3. In the case of damage to the Courtesy Car not caused by an incident, you shall:
7.1.3.1. inform us as soon as possible of the damage caused to the car; and
7.1.3.2. where this damage is not covered under the insurance policy for the Courtesy Car, be responsible for any damage caused to the Courtesy Car.
8. Returning the Courtesy Car
8.1. Once we have finished providing our services to your vehicle, we will contact you via phone and/or email to inform you that your vehicle is ready to collect. You must then collect your vehicle within 24 hours of us contacting you to tell you that it is ready to collect.
8.2. You must return the Courtesy Car on the same date as you collect your vehicle from us unless other arrangements have been previously agreed between the parties. Should you not return the Courtesy Car on such date:
8.2.1. we shall be entitled to hold your vehicle as a lien until you return such Courtesy Car;
8.2.2. we will invoice you for any reasonable expenses related to the storage of your vehicle whilst it is being held as a lien;
8.2.3. you will pay such costs to a bank account nominated by us within three days of the date of the invoice; and
8.2.4. if you retain possession of the Courtesy Car for more than 5 days beyond the date in which it is to be returned, we shall report the Courtesy Car as stolen.
8.3. You must return the Courtesy Car to us with the same amount of fuel in the tank as at the date of our Agreement.
8.4. Should the amount of fuel in the tank as at the date you return the Courtesy Car be less than the amount in the tank at the date of our Agreement:
8.4.1. We will invoice for you for the costs we incur in filling the tank to the same volume as at the date of our Agreement; and
8.4.2. you will pay such costs to a bank account nominated by us within 3 days of the date of the invoice.
8.5. You agree that when you return the Courtesy Car it shall be in the same condition of cleanliness as at the date of our Agreement. Should extensive cleaning be required upon receipt of the Courtesy Car from you:
8.5.1. We will invoice you for the costs we incur in cleaning the Courtesy Car so that it is in the same condition as at the date of our Agreement; and
8.5.2. You will pay such costs to a bank account nominated by us within 3 days of the date of the invoice.
9. Our Rights to End the Agreement
9.1. Should you breach any of the terms of our Agreement, including if any of the information you provided under our Agreement is false or misleading, or we reasonably suspect that such information is false or misleading:
9.1.1 we shall request the immediate return of the Courtesy Car;
9.1.2. you must return the Courtesy Car as soon as possible but no later than 24 hours of our demand for its return; and
9.1.3. should you not return the Courtesy Car within the time period specified above, the terms of clauses 8.2.1 to 8.2.4 will apply.
10. Our Responsibility for Loss or Damage Suffered By You
10.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking our Agreement or our failing to use reasonable care and skill, but, except as set out in clause 10.2 we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time our Agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
10.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. How May We Use Your Personal Information
11.1. We will only use your personal information to the extent permitted by data protection laws.
12. Other Important Terms
12.1. We may charge interest. If you fail to make a payment due to us under our Agreement by the due date then, without limiting any of our other remedies under our Agreement, you shall pay interest on the overdue sum from the due date until the payment of the overdue sum, whether before or after judgment, which shall accrue each day at 3% a year above the Bank of England’s base rate from time to time, but at 3% a year for any period when that base rate is below 0%.
12.2. We may transfer our Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
12.3. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12.4. Nobody else has any rights under this Agreement. Our Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end our Agreement or make any changes to these terms.
12.5. If a court finds part of our Agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.6. Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
12.7. Which laws apply to our Agreement and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
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