1.1 The Hire Agreement is between Cazoo Ltd, a company registered in England and Wales under company number 11624245 whose registered office is at 41 Chalton Street, London NW1 1JD (“Cazoo”, “we”, “us”, “our”) and the driver named in the Hire Agreement (the “Driver”, “you”, “your”).
1.2 We operate www.cazoo.co.uk (the “Site”).
2. The Hire Agreement
2.1 The Hire Agreement incorporates these Terms of Subscription.
2.2 Unless otherwise defined, capitalised terms used in these Terms of Subscription are defined in the Hire Agreement.
2.3 We may change the Terms of Subscription by updating the version available on the Site (for example, for legal, economic, or other business reasons). If we make any material changes to the Hire Agreement (for example, by changing the Subscription Fees), we must give you at least one month’s notice.
3. The Car
3.1 You agree to hire, and we must provide, the Car for the Subscription Term on the terms of the Hire Agreement.
3.2 You will not own the Car.
3.3 We may substitute the Car during the Subscription Term for another car for any reason (for example, if there is a manufacturer’s recall, or another mechanical, safety, or operational reason). You must cooperate with our reasonable requirements relating to any substitution of the Car. On substitution, the substitute car will be the “Car”. We can’t guarantee that any substitute car will be of comparable quality or size to the Car.
3.4 The images of the Car on the Site are illustrative only. We’ll try to make sure they’re accurate, but the appearance of the Car might differ from the images, including as to colour. References to “leather” include partial leather and synthetic substitutes. The mileage displayed on the Site might differ from the actual mileage (for example, because of transport to our facilities and delivery to you). If you are not happy with the Car, you may refuse to collect or accept delivery of the Car.
4. Starting, cancelling, and extending the Hire Agreement
4.1 The Hire Agreement starts when we send you your booking confirmation.
4.2 You may cancel the Hire Agreement at any point up to the later of:
4.2.1 5pm on the 14th day after the date that we issue your booking confirmation; or
4.2.2 the date of Delivery or Collection,
4.3 If you cancel the Hire Agreement within the 14-day cancellation period, we must refund your Initial Payment and the Deposit (less an amount to cover your Subscription Fees for the period you had the Car) using your original payment method. We may further reduce your refund to reflect any reduction in value of the Car (for example, the cost to repair any damage to the Car while you were responsible for it).
4.4 Your cancellation is effective:
4.4.1 immediately if Delivery or Collection has not happened; or
4.4.2 otherwise when we pick up the Car.
4.5 We’ll try to contact you within two days after receiving your cancellation request to arrange pickup of the Car. If you haven’t heard from us in this time, please contact Cazoo Customer Support at [email protected] or on 020 3901 3488. Unless you qualify for the 7-Day Money Back Guarantee, we will charge you £250 for the Pickup of your Car.
4.6 This section 4 is not a full description of your legal rights. You can find out more about your rights from Trading Standards or Citizens Advice.
4.7 The Hire Agreement continues for the Initial Hire Period. Unless you or we terminate the Hire Agreement before expiry of the Initial Hire Period, the Hire Agreement will continue automatically at the end of the Initial Hire Period on the same terms until you or we give at least one month’s notice to terminate it. This is known as the “Rolling Term Period”. The Initial Hire Period and any Rolling Term Period are known together as the “Subscription Term”.
5. 7-Day Money Back Guarantee
5.1 In addition to your statutory cancellation rights set out in section 4.2, we give you a money back guarantee (“7-Day Money Back Guarantee”) from the date of Delivery or Collection of the Car until 8pm seven days later (“7-Day Money Back Guarantee Period”).
5.2 During the 7-Day Money Back Guarantee Period, you may request to cancel your Hire Agreement and return the Car to us if you have not damaged the Car or drive more than 250 miles during the 7-Day Money Back Guarantee Period. If you have, we have discretion whether to allow the 7-Day Money Back Guarantee or not.
5.3 If you’re eligible for, and exercise, your 7-Day Money Back Guarantee, we will refund your Initial Payment and your Deposit, except for:
5.3.1 £1 will be deducted for each mile you have driven above the 250-mile limit (calculated against the Car’s mileage noted on your Delivery or Collection receipt); and
5.3.2 the cost to repair any damage to the Car while you were responsible for it.
5.4 To be eligible for the 7-Day Money Back Guarantee:
5.4.1 in the past 12 months, neither you nor anyone in your household must have claimed under the 7-Day Money Back Guarantee or any similar guarantee we provide for buying a car; and
5.4.2 you must book a Pickup of the Car to take place within 14 days after you request a return from us (the “Pickup Period”); and
5.4.3 you must not use the Car (or let anyone else use the Car) after expiry of the 7-Day Money Back Guarantee Period.
5.5 If you need to rearrange a Pickup, you must contact Cazoo Customer Support by phone on 020 3901 3488. If you do this at least 24 hours before the scheduled time, we will rearrange the Pickup at no extra cost to you. If you do this less than 24 hours before the scheduled Pickup time, we may charge you £250 to rearrange the Pickup. Pickup must take place during the Pickup Period for you to be eligible for the 7-Day Money Back Guarantee.
This section 6 applies only if you choose to have the Car delivered.
6.1 We offer home delivery to any UK postcode but may choose not to deliver to certain postcodes including in the Scottish Highlands, Scottish Islands, other remote parts of Scotland, the Isles of Scilly, Channel Islands, Guernsey, Jersey, the Isle of Man, Isle of Wight, and Northern Ireland.
6.2 Delivery of the Car will take place on the date and time shown in your booking ("Delivery") unless we tell you otherwise.
6.3 Only you are eligible to receive the Car on Delivery.
6.4 We will only deliver the Car to your home address specified in the Hire Agreement.
6.5 Our car transporters are roughly 3.5m high, 9.7m long and 2.8m wide. We need access to your address to make the Delivery. If we can’t gain access, we may offer an alternative method of Delivery (for example, by driving the Car to your address), but we aren’t required to do so.
6.6 On Delivery of the Car, you must show your photographic UK driving licence to the Cazoo Delivery Specialist to verify your identity and address. We may also accept a utility bill in your name to verify your address. We may refuse to deliver, or permit the collection of, the Car and any other product(s) if you don’t provide this identification when we ask.
6.7 If you need to rearrange a Delivery, you must contact Cazoo Customer Support by phone on 020 3901 3488. If you do this at least 24 hours before the scheduled delivery time, we will rearrange the Delivery at no extra cost to you. If you do this less than 24 hours before the scheduled delivery time, we may charge you £250 to rearrange the Delivery.
6.8 On Delivery, you must confirm receipt to the Cazoo Handover Specialist. You must sign our receipt to confirm that you have received the Car, and that it meets the specification in your Hire Agreement.
This section 7 applies only if you choose to collect the Car.
7.1 We offer Collection of the Car at a Cazoo Customer Centre of your choice.
7.2 Collection will take place on the date and time shown in your booking (“Collection”) unless we tell you otherwise.
7.3 Only you are eligible to collect the Car.
7.4 When you collect the Car, you must show your photographic UK driving licence to the Cazoo Customer Centre Specialist to verify your identity and a utility bill to verify your address. You may also show your passport to verify your identity. We may refuse to allow you to collect the Car and any other product(s) if you don’t provide this identification when we ask.
7.5 If you cannot make your scheduled Collection time, you must contact Cazoo Customer Support by phone on 020 3901 3488. If you do this at least 24 hours before the scheduled Collection time, we will rearrange Collection at no extra cost to you. If you do this less than 24 hours before the scheduled Collection time, we may charge you £250 to rearrange your Collection.
7.6 On Collection, you must confirm receipt to the Cazoo Customer Centre Specialist. You must sign our receipt to confirm that you have received the Car, and that it meets the specification in your Hire Agreement.
8. Your responsibilities
8.1 You must ensure that all Named Drivers comply with the Hire Agreement. You are responsible for any breach of the Hire Agreement by any Named Driver.
8.2 During the Subscription Term you and each Named Driver must:
8.2.1 be at least 25 years old;
8.2.2 have a current, full UK driving licence which has been held for at least one year before the Subscription Term starts; and
8.2.1 have no convictions or endorsements that are unacceptable to us (which include convictions or endorsements for serious motoring offences (those which cannot be addressed by a fixed penalty notice) and dishonesty offences like fraud).
8.3 If you or any Named Driver receives any endorsement for or is convicted of any offence during the Subscription Term, you must contact Cazoo Customer Support straight away by phone on 020 3901 3488. The conviction or endorsement might affect the validity of the Car’s insurance, so you must stop using the Car until we confirm that you may continue to use it.
8.4 On Delivery or Collection, you must check the Car and tell us if there are any defects. Any defects that you do not tell us about (except those which you could not reasonably have noticed) on Delivery or Collection are deemed to have happened after Delivery or Collection.
8.5 During the Subscription Term:
8.5.1 you must:
a. look after the Car and keep it in a good, roadworthy condition;
b. comply with the law at all times when using the Car;
c. lock the Car and remove valuables from it when it’s not in use;
d. keep the keys for the Car safe;
e. use only the correct fuel for the Car or, if your Car is an electric or plug-in hybrid, only charge the Car using a charging device and cable that meet the manufacturer’s specifications;
f. use only the correct consumables in the Car as specified in the Car manufacturer’s handbook;
g. tell us straight away if there is any defect in, or damage to, the Car;
h. make the Car available to us to inspect at any time, when we give you reasonable notice that we would like to inspect it;
i. bring the Car to the Cazoo Customer Centre or other garage nominated by us for any required or scheduled maintenance and MOT;
j. keep all documents provided with the Car (for example, operating manuals) in the glove compartment; and
k. tell us promptly if any of your personal details change (for example, your address);
8.5.2 you must not:
a. allow anyone apart from you or a Named Driver to drive the Car;
b. sell, lend, rent, hire or otherwise dispose of the Car to anyone;
c. grant anyone any legal rights (for example, security) over the Car;
d. work on, modify or attach anything to the Car without our written permission (and if we give you permission, then any modifications and anything you attach to the Car belong to us and you agree to restore the Car to its original condition at your own cost if we ask you to do so);
e. use the Car for any illegal or immoral purpose, or any other purpose that could harm Cazoo’s reputation;
f. use the Car under the influence of alcohol, drugs or any other substance that could impair driving ability;
g. smoke in the Car;
h. use the Car off-road or on any unpaved road;
i. use the Car for any track day or any competitive or testing event (for example, a race or rally);
j. use the Car for any commercial purpose (including as a taxi, private hire vehicle or for hire or reward);
k. overload the Car (either by weight, volume or by passenger numbers);
l. use the Car to transport anything hazardous, toxic, flammable, corrosive, radioactive, harmful, dangerous or illegal;
m. push or tow any trailer or other vehicle using the Car;
n. teach anyone to drive in the Car; or
o. take the Car outside of the United Kingdom without our written permission. If we permit you to do this, there will be additional costs you have to pay to ensure you have the correct cover and documentation in place. You must contact Cazoo Customer Support by phone on 020 3901 3488 if you wish to arrange this and they will provide you with a quote for the extra costs involved;
8.5.3 you are responsible (at your own cost) for:
a. fuelling or charging the Car;
b. inflating the tyres;
c. supplying all consumables for the Car (for example, screen wash, de-icer and AdBlue) as specified in the Car manufacturer’s handbook;
d. providing any seasonal parts for the Car (for example, winter tyres and snow chains) and other safety equipment (for example, warning triangles and high visibility clothing);
e. arranging repair or replacement as required, and specified in the Car manufacturer’s handbook, of:
i. any repairs required as a result of the wrong fuel being put in the Car or incorrect charging equipment being used;
ii. damaged alloys;
iii. internal damage to the Car;
iv. any missing keys, manuals, service history books or locking wheel nuts for the Car;
v. any paintwork stone chips; and
f. paying any insurance excess charges we incur if we make a claim under the Insurance Policy;
g. paying any Charges that are applied in accordance with our Charges Policy;
h. paying all charges, fines, tolls, fines and civil penalties and similar costs relating to the Car (including charges and civil penalties relating to parking, fines, and fixed penalties for motoring offences, clamping release fees, towing fees, impound charges, toll road charges and penalties, congestion charges, and other environmental charges) and any taxes or court costs related to them (“Fines”). More information about Fines is set out in section 16; and
i. paying any further damage caused by you, or a Named Driver’s, negligence.
8.6 At the end of the Subscription Term, you must comply with section 10.
9. Cazoo’s responsibilities
9.1 During the Subscription Term, we must:
9.1.1 insure the Car at least on a third party basis for use in accordance with the Hire Agreement;
9.1.2 register the Car with the Driver and Vehicle Licensing Agency;
9.1.3 pay all United Kingdom vehicle tax for the Car; and
9.1.4 maintain the Car in line with the manufacturer’s specifications (including obtaining an MOT certificate, if required), unless the maintenance is your responsibility under section 8.
9.2 We are not in breach of the Hire Agreement and we have no liability to you if we do not perform our obligations on time because you didn’t comply with the Hire Agreement or because you didn’t provide information or assistance or make the Car available to us when we asked you to.
10. Returning the Car
10.1 You must return the Car to us on or before the end of the Subscription Term.
10.2 We offer pickup from any UK postcode but may choose not to pick up from certain postcodes including in the Scottish Highlands, Scottish Islands, other remote parts of Scotland, the Isles of Scilly, Channel Islands, Guernsey, Jersey, the Isle of Man, Isle of Wight, and Northern Ireland.
10.3 If you choose for us to pick up the Car from you (“Pickup”), we will pick the Car up on the date and time and at the location specified in the Pickup confirmation email we send you.
10.4 Our car transporters are roughly 3.5m high, 9.7m long and 2.8m wide. We need access to your address to pick up the Car. If we can’t gain access, we may offer an alternative method of Pickup (for example, by driving the Car from your address), but we aren’t required to do so.
10.5 If you choose to drop the Car off at a Cazoo Customer Centre (“Drop Off”), you must drop the Car off on the date and time and at the location specified in the Drop Off confirmation email we send you.
10.6 If you need to rearrange a Pickup or Drop Off, you must contact Cazoo Customer Support by phone on 020 3901 3488. If you do this at least 24 hours before the scheduled time, we will rearrange the Pickup or Drop Off at no extra cost to you. If you do this less than 24 hours before the scheduled delivery time, we may charge you £250 to rearrange the Pickup or Drop Off.
10.7 You must remove any personal belongings from the Car before Pickup or Drop Off. You agree that we are not responsible for any personal belongings left in the Car, and that we may dispose of them.
10.8 You must return the Car with a quarter tank of fuel or 75% battery charge as set out in your Delivery or Collection receipt. If you don’t, we may charge you for refuelling or charging.
10.9 On Pickup or Drop Off, you must sign our receipt to confirm that you have returned the Car to us. Pickup or Drop Off happens only when you sign this receipt. The Subscription Term continues, and you are responsible for the Car, until that point.
10.10 After Pickup or Drop Off, we will inspect the Car. If we identify any damage, defects, missing items, or cleaning that are your responsibility under the Hire Agreement, we will tell you and may charge you for them in accordance with our Charges Policy in place at the time of Pickup or Drop Off. We won’t charge you for reasonable wear and tear as defined in the BVRLA's Fair Wear & Tear Standards.
10.11 If you exceed your Mileage Allowance, you must pay us an Excess Mileage Charge as set out in your Hire Agreement when the Subscription Term ends.
10.12 If you do not return the Car in accordance with this section 10 on or before the end of the Subscription Term:
10.12.1 you must nonetheless stop using the Car at the end of the Subscription Term;
10.12.2 you will not be insured for using the Car after the end of the Subscription Term; and
10.12.3 we may:
a. charge you an overdue fee for each day that the Car has not been returned to us in accordance with our Charges Policy;
b. enter your property to repossess the Car and charge you the costs we incur in doing so; and
c. report you to law enforcement authorities.
11.1 When you sign the Hire Agreement, you must pay us a refundable deposit equal to two months’ Subscription Fees (the “Deposit”). We will hold the Deposit as security for you complying with the Hire Agreement.
11.2 We may deduct from the Deposit any amount required to satisfy all or part of any liability that you owe to us under the Hire Agreement.
11.3 On request, you must pay us an additional sum towards the Deposit if:
11.3.1 we make any deduction under section 11.2;
11.3.2 there is a substitution of the Car and the Subscription Fees for the new car are greater than those for the previous car; or
11.3.3 we consider that there is a credible risk that you might breach the Hire Agreement.
11.4 Within one month after the end of the Subscription Term, we will refund the Deposit to the UK bank account that you nominate, less any amounts deducted by us under section 11.2.
11.5 We may retain any earnings and interest that accrue on the Deposit whilst we hold it.
12. Subscription Fees
12.1 You must pay the Initial Payment and the Subscription Fees at the rate and on the dates set out in the Hire Agreement. You must use the payment method set out in your Hire Agreement. We might make other payment methods available, but we aren’t required to do so.
12.2 The Subscription Fees include VAT at the rate that applied when you signed the Subscription Agreement. We may adjust the Subscription Fees if the VAT rate changes. We’ll notify you if this happens.
12.3 We use third-party payment processors. You must comply with the payment processors’ terms and conditions that apply at the time you make each payment. You should read and make sure that you understand and agree to these terms before making the payment.
12.4 If you don’t make a payment to us on the due date, we may suspend your subscription. We’ll tell you if we do this, and you must immediately stop using the Car.
13. Continuous payment authority
13.1 You authorise us to collect any amounts you owe us under the Hire Agreement by charging your credit or debit card using the details you provide to us. Collecting payments using your credit or debit card in this way is called a continuous payment authority.
13.2 You must only provide us with credit or debit card details for an account that belongs to you, and from which you are authorised to make payments.
13.3 You may change your continuous payment authority in your account.
13.4 If you can’t make a payment, or think it is likely that you won’t be able to make a payment, you must contact us straight away.
13.5 If any payment we attempt fails, we will try again the following day. If that second attempt fails, we will try to contact you to find out why, while continuing to try to take payment. If we can’t contact you, or if you won’t engage reasonably with us to resolve the payment issue, we’ll continue to try to take payment up to a further two times - once on the fourth and once on the eleventh day following the first failed payment attempt.
13.6 If you can’t make a payment, we may (but are not required to) agree a payment plan with you. A payment plan is only effective when we confirm it to you in writing, so you must continue to pay your Subscription Fees as normal until you receive written confirmation from us.
13.7 If you don’t pay any amounts you owe under the Hire Agreement when they are due for payment, we may enter your property to repossess the Car and take legal action against you to recover the debt. This could result in a county court judgment being made against you.
14.1 We have arranged insurance for use of the Car in accordance with the Hire Agreement (the “Insurance Policy”). The Insurance Policy is currently provided through Churchill Expert which is a trading name of U K Insurance Business Solutions Limited, an insurance intermediary that introduces business customers to NIG policies underwritten by U K Insurance Limited.
14.2 We will send you details of the Insurance Policy, including the Insurance Product Information Document, which will explain what the Insurance Policy covers and does not cover, the level of cover that is provided and any excess that you would require to pay if there is a claim. You must read these documents carefully. You must comply with the terms of the Insurance Policy.
14.3 You must not enter your own insurance arrangements for the Car without our written permission.
14.4 We may change the Insurance Policy at any time, subject to section 9.1.1. We’ll tell you if we do this.
14.5 We are not liable to you if the insurance cover provided under the Insurance Policy does not meet the full extent of your claim.
14.6 If the Car is declared a total loss (which means it cannot in our, or the insurer’s, reasonable opinion be economically recovered), the Hire Agreement will terminate immediately. You must pay us an amount equal to all sums due to us as if the Hire Agreement had terminated on the date of the total loss, as well as any amounts we have not been able to recover from the insurer in respect of the Car, for example, the excess under the Insurance Policy and any amounts that have been deducted because of any failure by you or any Named Driver to comply the Hire Agreement.
15. Servicing, maintenance, and Breakdown Cover
15.1 We must arrange all routine servicing, maintenance, and MOT testing for the Car, unless the maintenance is your responsibility under section 8.
15.2 We’ll tell you when and where these appointments will take place, by giving you reasonable notice. You must keep any appointments that we make for the Car, and you agree to reimburse us for any costs we incur if you miss an appointment. We may provide a courtesy car whilst the Car is unavailable for servicing or maintenance, but we aren’t required to do so. We can’t guarantee that any courtesy car we do provide will be comparable in quality or size to the Car.
15.3 We provide breakdown cover for mechanical faults with the Car in the United Kingdom during the Subscription Term (“Breakdown Cover”). Breakdown Cover is currently provided by the RAC. Where the roadside assistance falls outside our Breakdown Cover, you must pay the associated costs.
15.4 You must comply with the terms of the Breakdown Cover. You can find these terms in your owner’s manual in the Car or by calling the RAC on 0333 202 3022.
15.5 If you call out assistance under the Breakdown Cover, you are responsible for any costs resulting from:
15.5.1 issues not covered by the Breakdown Cover;
15.5.2 missed callouts; and
15.5.3 cancelled callouts.
15.6 We may change the Breakdown Cover at any time. We’ll tell you if we do this.
16.1 You must:
16.1.1 tell us straight away if you or anyone else incurs any Fines;
16.1.2 pay Fines directly to the right person or authority within the time limit for doing so; and
16.1.3 pay us an administration fee of £20 for each of the Fines you incur, in each case, even if you become aware of the Fines after the Subscription Term.
16.2 We must use reasonable efforts to inform you if we receive written notice of any Fines. We are not liable to you for any increase in any Fines or other penalty resulting from notification (or delay in notification) of any Fines being sent to or by us or any of our suppliers.
16.3 We may pass your details on to any person or authority requesting them in relation to any Fines.
16.4 If we receive a Fine relating to your Car during your Subscription Term that we can’t pass on to you, then we will tell you. You must respond to us within 48 hours if you want to challenge the Fine. If you do not, or if we think your challenge is unreasonable, we will pay the Fine to the relevant authority and charge you for it. We will also charge you an administration fee of £20 for each Fine that we pay in relation to your Car.
17. Accidents, damage, and theft
17.1 If the Car is involved in an accident:
17.1.1 you must:
a. prioritise your safety and the safety of others involved in the accident;
b. if anyone is injured or if you were unable to exchange details with any other drivers or property owners involved in the accident, call the police;
c. if it is safe to do so:
i. note the registration numbers of any other vehicles involved;
ii. take photographs or videos of the accident scene;
iii. note the names, addresses and telephone numbers of any other people involved, including witnesses;
iv. note the insurance details of any other drivers involved in the accident;
v. make the Car secure; and
d. comply with your legal obligations (for example, road traffic laws) and the directions of the police;
17.1.2 as soon as possible after the accident, report the accident to:
a. the insurer using the details provided in the Insurance Policy; and
b. us by calling Cazoo Customer Support on 020 3901 3488;
17.1.3 cooperate fully with the police, the insurer and with us; and
17.1.4 you must not:
a. admit responsibility or attempt to negotiate with anyone; or
b. use the Car without our written permission.
17.2 If the Car is damaged or develops a fault (including any warning light displaying):
17.2.1 you must:
a. report the damage or fault to us as soon as possible by calling Cazoo Customer Support on 020 3901 3488;
b. cooperate fully with the insurer and with us; and
17.2.2 you must not use the Car without our written permission.
17.3 If the Car is stolen, you must:
17.3.1 prioritise your safety and the safety of any other people involved;
17.3.2 call the police and ask for, and make a note of, the crime reference number;
17.3.3 if it is safe to do so:
a. note the registration numbers of any vehicles involved in the theft and the appearance of the thieves;
b. take photos or videos of the scene;
c. note the names, addresses and telephone numbers of any witnesses; and
d. comply with the directions of the police; and
17.3.4 as soon as possible after the theft, report the theft to:
a. the insurer using the details provided in the Insurance Policy; and
b. us by calling Cazoo Customer Support on 020 3901 3488; and
17.3.5 cooperate fully with the police, the insurer and with us.
17.4 You must continue to pay the Subscription Fees while the Car is unavailable for use (even if you are not at fault), unless we agree otherwise. We may provide you with a permanent or temporary replacement for the Car during this time, but we are not required to do so. We can’t guarantee that any replacement car will be of comparable quality or size to the Car.
17.5 You agree that we may contact the insurer on your behalf in relation to any accident, damage, fault, or theft.
17.6 If the Car is involved in an accident, is damaged, develops a fault or is stolen because of a breach by you or any Named Driver of the Hire Agreement, or because of your or any Named Driver’s negligence you must reimburse us on request in full for any loss we suffer as a result.
18. Limitation of liability
18.1 Nothing in the Hire Agreement restricts our liability to you for:
18.1.1 death or personal injury caused by our negligence;
18.1.2 fraud or fraudulent misrepresentation; or
18.1.3 any other liability that cannot be restricted by law.
18.2 Nothing in the Hire Agreement affects your statutory rights. For more information about your statutory rights, you should contact Trading Standards or Citizens Advice.
18.3 Except as set out in section 18.1 and section 18.2:
18.3.1 all implied terms, conditions, representations and warranties are excluded from the Hire Agreement to the fullest extent permitted by law;
18.3.2 we are not responsible to you for any loss and damage caused by us that is not foreseeable. We are only responsible for loss or damage you suffer that is a foreseeable result of our failure to comply with the Hire Agreement or our failing to use reasonable care and skill;
18.3.3 we are not liable to you for any business losses. The Car is supplied for domestic and private use. If you use the Car for any commercial or business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
18.3.4 we are not liable to you for any loss of, or damage to, data; and
18.3.5 our total liability to you under or in connection with the Hire Agreement (whether in contract, tort (including negligence), misrepresentation, for breach of any duty, or otherwise) is limited to the lower of:
a. an amount equal to six months’ Subscription Fees; or
19. Events Outside Our Control
19.1 We are not in breach of the Hire Agreement, and have no liability to you, if we cannot perform any obligation under the Hire Agreement because of an event or circumstances beyond our reasonable control (for example, fire, flood, strike, riot, disease, pandemic, accident, disruption to utility supplies or networks and systems, civil commotion, acts of terrorism or war, breakdown of equipment, bad weather, acts or omissions of third parties, and road traffic problems) (each an “Event Outside Our Control”).
19.2 If an Event Outside Our Control happens and it affects our performance of our obligations:
19.2.1 we will let you know as soon as we reasonably can;
19.2.2 our time to perform the affected obligations is extended for as long as the Event Outside Our Control continues; and
19.2.3 we will rearrange any affected Delivery, Collection, Pickup or Drop Off dates after the Event Outside Our Control is over.
20. Your personal data
21.1 The Car contains a telematics device, which measures, records, and transmits to us information about acceleration, deceleration, braking, speed, cornering style, Car health and maintenance, fuel levels, mileage, time of use of the Car, types of roads used, location of the Car, and CO2 emissions (the “Telematics Device”). The Telematics Device cannot distinguish between different drivers. The Telematics Device can detect tampering and will alert us if it is tampered with.
21.2 We use the information gathered from the Telematics Device in the Car to:
21.2.1 give you insights into your driving style;
21.2.2 monitor your Mileage Allowance;
21.2.3 identify maintenance requirements;
21.2.4 identify breaches and enforce the terms of the Hire Agreement;
21.2.5 obtain insurance cover and to assist our insurers;
21.2.6 assist law enforcement authorities and help identify and prevent crime; and
21.2.7 locate the Car so we can provide help or guide emergency services.
21.3 You must not remove, attempt to remove, or tamper with the Telematics Device.
22.1 During the Initial Hire Period, you may terminate the Hire Agreement early by giving one month’s notice to us at any time. If you do this, you must pay us an early termination fee of £500 (the “Early Termination Fee”). Your termination is not confirmed until you have paid the Early Termination Fee to us in full.
22.2 During the Rolling Hire Period, you may terminate the Hire Agreement by giving one month’s notice to us at any time. Your final subscribed day is one month after you give notice. For example, if you give notice on 13 April, your Hire Agreement will end on 13 May and you must pay the Subscription Fees until that date.
22.3 We may cancel the Hire Agreement at any time before Delivery or Collection for any reason. If we do this, we will refund to you any payments you have made to us.
22.4 We may terminate the Hire Agreement at any time by giving notice to you if:
22.4.1 you or any Named Driver breaches, or we reasonably suspect that you or any Named Driver are in breach of, any term of the Hire Agreement;
22.4.2 you do not pay any Fine on the date due for payment;
22.4.3 you are no longer in possession or control of the Car;
22.4.4 you are declared bankrupt or enter into any arrangement with your creditors;
22.4.5 you or any Named Driver receive a conviction or endorsement for any offence that is unacceptable to us;
22.4.6 we consider, based on information from the Telematics Device or elsewhere, that you or any other Named Driver has driven the Car in an unsafe, illegal or inappropriate way; or
22.4.7 any information that you supply to us or to our insurers is untrue or misleading.
22.5 If our relationship with the supplier of the Car ends or is suspended or we can no longer provide the Car to you for any reason, we may terminate the Hire Agreement by giving notice to you.
22.6 On termination of the Hire Agreement for any reason, you must comply with section 10 and you must immediately pay to us together with VAT, all arrears of Subscription Fees and all other charges and sums that are due by you under the Hire Agreement.
23.1 If you have a complaint about us, you can contact us as follows:
by post: Cazoo Ltd, Imperial House, Botleigh Grange Campus, Hedge End, Southampton SO30 2AF;
by phone: 020 3901 3488; or
by email: [email protected].
We aim to respond within 48 hours.
23.2 If you are not happy with the outcome of your complaint, you can escalate it to the Financial Ombudsman Service at Exchange Tower, Harbour Exchange Square, London E14 9SR. Email: [email protected] Telephone: 0800 023 4567 from landlines and 0300 123 9 123 from mobiles.
24.1.1 We may send any notice to you by:
a. email to the email address you provided in the Hire Agreement; or
b. post to the latest address we hold for you.
24.1.2 You must send any notice to us by:
a. email to [email protected]; or
b. post to: Cazoo Customer Support, Imperial House, Botleigh Grange Campus, Hedge End, Southampton, SO30 2AF.
24.1.3 Any notice we send is deemed received:
a. if sent by email, on transmission; or
b. if sent by post, on the second working day after posting.
24.2 Assignment. We may transfer our rights and obligations under the Hire Agreement to another organisation (but this won’t affect your rights or obligations). You may not transfer your rights or obligations under the Hire Agreement to any other person.
24.3 Entire agreement. The Hire Agreement is the entire agreement between you and us relating to its subject matter and supersedes anything previously passing between you and us relevant to that subject matter.
24.4 Representations. You confirm that, in entering the Hire Agreement, you have not relied on anything that is not set out in writing in the Hire Agreement.
24.5 Changes. We may make changes to the Hire Agreement as set out in section 2.3. You may not make any changes to the Hire Agreement unless we agree to them in writing.
24.6 Waiver. If we delay or fail to exercise any of our rights and remedies under the law or this Hire Agreement, that delay or failure doesn’t constitute a waiver of that or any other right or remedy. No single or partial exercise of any of our rights or remedies restricts our ability to further exercise that or any other right or remedy.
24.7 Severability. If any of the terms of the Hire Agreement is or becomes illegal, invalid, or unenforceable, in whole or in part, the affected term is deemed modified to the minimum extent necessary to make it legal, valid and enforceable. If that modification isn’t possible, then the affected term is deemed deleted. This does not affect the validity or enforceability of the rest of the Hire Agreement.
24.8 Counterparts. The Hire Agreement may be executed in counterparts, each of which when executed constitutes a duplicate original, but the counterparts together constitute the same agreement.
24.9 Third party rights. A person who is not a party to the Hire Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
24.10 Governing law and jurisdiction. The Hire Agreement is governed by English law. This means that any matter or dispute arising out of or in connection with the Hire Agreement (including non-contractual disputes or claims) will be governed by English law. You may bring legal proceedings in the English courts. If you live in Scotland, you may bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you may bring legal proceedings in either the Northern Irish or the English courts.
25. Model cancellation form
(Complete and return only if you wish to cancel the Hire Agreement. See Section 4 for your cancellation rights)
To Cazoo Ltd at Imperial House, Botleigh Grange Campus, Hedge End, Southampton, SO30 2AF (email: [email protected]).
I/We [*] hereby give notice that I/We [*] cancel my/our [*] hire agreement for the following car [*],
Ordered on [*]/received on [*],
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate