Subscription Terms

1. Definitions and Interpretation

In this agreement unless otherwise stated, any capitalised terms that are used but not defined in these Terms shall have the meaning given to them in the Subscription Booking Form, and;

1.1. “Additional Driver” means the person who, in addition to the Driver, is reflected on the Booking Subscription Form, or otherwise requested, in writing, to be added as being duly authorised by Voltric to drive the Vehicle.

1.2. “Agreement” means the Booking Subscription Form read together with these Standard Terms and Conditions.

1.3. “Collection Date” means the last day of the Subscription Term and the Subscription End Date or any later date advised by Voltric in writing from time to time.

1.4. “Voltric” means Voltric Mobility Technologies Limited, registration number 11791427, duly incorporated under the laws of England and Wales.

1.5. “Damage(s)” (in relation to the Vehicle and/or third party damage) means the actual costs of towing, transporting and storing the vehicle, repairing any damage (including tyre and rim damage), replacing parts or accessories (without allowing for depreciation), paying an expert to inspect collision damage and report thereon, and reimbursing such expert (an invoice, job card or quotation produced by Voltric will be seen proof of any such expenditure) or any other charges incurred related to an incident whatsoever nature, and includes total loss when applicable;

1.6. “Day” means every calendar day from Monday to Sunday, including any and all public or bank holidays in London, England.

1.7. “Delivery Date” means the first day of the Subscription Term and the Subscription Start Date.

1.8. “Parties” means Voltric and the Driver.

1.9. “Sign-Up Fee” means the fee the Driver pays upon signing up to the Subscription.

1.10. “Vehicle” means the vehicle described under ‘Vehicle Description’ in the Booking Subscription Form.

2. Subscription

2.1. These Standard Terms and Conditions together with the Subscription Booking Form shall constitute a legally binding Subscription Agreement entered into by and between Voltric and the Driver. The Driver will be bound by these terms and conditions, whether the Driver was driving the Vehicle or not.

2.2. The Driver agrees to hire the Vehicle referred to in the Subscription Booking Form for the Subscription Term and any further period as agreed by Parties in writing. The Vehicle is provided by Voltric at the Subscription Fee stated in the Subscription Booking Form. If the Driver does not return the Vehicle to Voltric by the Subscription End Date (or such extended date as agreed by Parties in writing), the Driver will be in breach of the conditions of this Agreement.

3. Delivery of Vehicle

3.1. Unless alternative arrangements are agreed by Voltric and the Driver in writing, Voltric, or a third party on behalf of Voltric will deliver the Vehicle to the Delivery Address or an address specified by the Driver on the Subscription Start Date.

3.2. The Driver shall inspect the Vehicle upon delivery of the Vehicle. The Driver must make Voltric aware of any defects in the Vehicle at the time when the Vehicle is delivered. Unless otherwise reported, the Vehicle shall be deemed to have been delivered in good order and without any damage to, amongst other things, the paintwork, upholstery and accessories (save for any existing damage recorded in the Vehicle Condition Report which the Driver will sign on delivery). Any damage not so recorded will be for the account of the Driver.

3.3. The Driver must obtain prior written consent from Voltric to alter the delivery arrangements set out in clauses 3.1. to 3.2.

4. Use of Vehicle

4.1. The Vehicle may only be utilised for the Subscription Term or any extended period agreed on by the parties in writing.

4.2. The Vehicle may only be driven by the Driver and/or any Additional Driver(s). During the Subscription term the Vehicle must be driven in a careful manner at all times and must be driven in compliance with all applicable road traffic laws (and any other laws or regulations applicable to drivers). If Additional Drivers are allowed to drive the Vehicle under this Agreement, the Driver must ensure that the Additional Drivers comply with all the obligations of the Driver under this Agreement, as if that Additional Driver were a Driver.

4.3. The Driver will remain responsible for the use of the Vehicle by any Additional Drivers and any breaches of this Agreement by an Additional Driver will be deemed a breach of this Agreement by the Driver. Each Driver will be allowed up to two (2) Additional Drivers per vehicle.

4.4. The Driver and any Additional Driver(s) must:

4.4.1. be at least 25 years of age;

4.4.2. have held a Valid UK driving license for at least 24 months prior to the Subscription Start Date;

4.4.3. not have been disqualified from driving within the last 36 months or currently have 3 or more convictions or any of the following offence codes;

a. Theft or unauthorised taking (UT)

b. Drink or Drugs (DR or DG)

c. Dangerous Driving (DD)

d. Driving whilst disqualified (BA)

4.4.4. not have been involved in more than 1 fault insurance claim within the last 3 years;

4.4.5. not have had their insurance declined and/or renewal refused and/or insurance or cover cancelled by any motor insurer.

4.4.6. not be engaged in any of the following occupations;

a. Professional sportsman or sportswoman;

b. the entertainment or theatrical profession;

c. racing or gambling; or

d. Use for the carriage of passengers of hire & reward.

4.4.7. make adequate provision for the safety and security of the Vehicle including but not limited to that, the Vehicle shall (1) be kept properly locked; (2) secured and immobilized; (3) have the burglar alarm (if any) activated; and (4) any anti-theft device in the vehicle properly secured and in place when the vehicle is not in use;

4.4.8. make sure that the keys are under his control at all times. Replacement of any lost keys shall be for the account of the Driver;

4.4.9. have no criminal convictions or been charged with a criminal offence but not yet tried.

4.4.10. have no endorsements on their driving licence during the Subscription Term which are unacceptable to Voltric. Unacceptable endorsements or convictions may include, but are not limited to, any convictions that result in the Driver being disqualified from driving, or any major driving convictions, such as failing to report an accident. If the Driver or a Additional Driver receives any endorsements or convictions during the Subscription Term the Driver and/or Additional Driver must inform Voltric, and Voltric may terminate this Subscription Agreement in accordance with clauses 13;

4.4.11. inform Voltric of any endorsements or convictions referred to in condition 4.5.3 or 4.5.10. If any insurance becomes invalid at any point during the Subscription Term, it is the Driver’s responsibility to obtain adequate replacement insurance; and

4.4.12. advise Voltric of any defect(s) in, damage to, or issue(s) with the Vehicle no later than 12 hours of being aware of such defect(s), damage and/or issue(s).

4.5. The Driver and any Additional Driver(s) shall not:

4.5.1. operate the Vehicle with a blood alcohol concentration that exceeds the limit permitted by any law or regulation of England and Wales;

4.5.2. use the Vehicle to transport any hazardous, toxic, flammable, corrosive, radioactive, harmful, dangerous or illegal materials;

4.5.3. use the Vehicle for any illegal purpose or any purpose or any manner which would not be covered by the insurance and/or would invalidate the insurance;

4.5.4. use the Vehicle off-road, racing, pace making, testing the Vehicle’s reliability and speed, teaching, or driving lessons;

4.5.5. use the Vehicle under the influence of alcohol or drugs or smoke inside the vehicle. This will result in the Driver’s insurance becoming invalid;

4.5.6. use the Vehicle for hire or reward;

4.5.7. carry a number of passengers and/or baggage which would cause the Vehicle to be overloaded (and operate the Vehicle otherwise than in accordance with the owner’s manual for the Vehicle);

4.5.8. sell, rent or dispose of the Vehicle or any part thereof;

4.5.9. cede, pledge or assign any legal right or title in the Vehicle;

4.5.10. drive the Vehicle outside the United Kingdom unless Voltric has given the Driver written permission;

4.5.11. modify or work on or attach or affix anything to the Vehicle without Voltric’s written permission. Any additions, alterations or modified parts fitted without such permission shall become part of the Vehicle and shall belong to Voltric, and the Driver shall be responsible for any costs in returning the Vehicle to its pre-modified condition;

4.6. Voltric may substitute the Vehicle for another vehicle (of a similar age, quality and specification) on at least 7 days’ written notice at any point during this Agreement. Voltric may also substitute the Vehicle for another vehicle in the event of a manufacturer’s recall, or for other legitimate mechanical, health or safety purposes. The Driver shall co-operate with the reasonable requirements of Voltric as to substitution of the Vehicle and, following substitution, the new Vehicle will be the “Vehicle” for the purpose of this Agreement.

4.7. Voltric reserves the right to request and conduct a vehicle inspection during the Subscription Term, subject to giving the Driver 5 days’ prior written notice. The Driver shall act in good faith and take reasonable steps to comply with such a request.

4.8. The Driver will not own the Vehicle, or have any ownership rights in the Vehicle, during the Subscription Term or at any given time.

5. Collection of Vehicle

5.1. Voltric, or a third party on behalf of Voltric will collect the Vehicle from the Delivery Address or an address specified by the Driver by or before 16:00hrs on the Subscription End Date.

5.2. Upon collection, the Vehicle shall;

5.2.1. be undamaged, in good order and in roadworthy condition with fair wear and tear from distance travelled expected; and

5.2.2. have full battery charge, or the same battery charge that it had on delivery.

The cost(s) of any damages and/or battery shortfall shall be borne by the Driver and charged to the Driver’s Account.

5.3. The Driver acknowledges that failure to avail the Vehicle on the Subscription End Date shall constitute unlawful possession by him and Voltric may repossess the Vehicle wherever it may be found and from whomsoever is in possession thereof. Any costs incurred in recovering the Vehicle as well as the cost of any additional subscription days, will be for the account of the Driver.

5.4. The Vehicle and all risk relating to the Subscription will remain the responsibility of the Driver until the Voltric has recorded the return of the Vehicle.

5.5. Voltric will not be liable for any personal belongings left in the Vehicle after the Vehicle has been collected.

5.6. The Driver must obtain prior written consent from Voltric to alter the collection arrangements set out in clauses 5.1. – 5.5.

5.7. The Driver must meet with the collection manager at the Subscription End Date or such extended date as provided for in this Agreement (or as otherwise agreed between the Parties in writing and in accordance with clause 5.6.). Voltric, or a third party on behalf of Voltric shall inspect the Vehicle to check that it is in a condition compliant with clause 5.2.

5.8. Where the Driver has requested a collection of the Vehicle by Voltric at a specified location, outside of the hours of 09:00 to 18:00 Monday to Saturday, the Subscription Term shall extend to the earlier of: (a) midday of the first working day following the requested collection time; or (b) the time of re-inspection by Voltric or of a third party on behalf of Voltric.

6. Driver’s Risks and Liabilities

6.1. The Vehicle is at the sole risk of the Driver (fair wear and tear expected) from the moment the Vehicle is delivered until such time as Voltric records collection of the Vehicle in terms of clause 5.1.

6.2. The Driver shall be liable for any Damages, theft and/or total loss sustained to the Vehicle, any howsoever the damage and/or loss is caused whether or not it is attributable to the Driver’s fault or negligence, including but not limited to, hail damage, from the Delivery Date to the Collection Date at the end of the Subscription Term.

6.3. The Driver will be liable for repairs (which must be carried out by a repair centre approved by Voltric) if the Vehicle needs more than Voltric’s standard valeting (cleaning), or if the Vehicle has been damaged either inside or outside (whether or not it is the Driver’s fault). The insurance coverage may cover such repairs and charges but in the event it does not, the Driver will be separately charged by Voltric for any such repairs and charges.

6.4. The Driver may be charged either the actual amount of the loss or damage suffered, or any reasonable amount, in its sole discretion, if the loss or damage has occurred in a situation where no physical contact is made with another vehicle, object or person.

6.5. The Driver will be liable for any Excess Mileage Charge as set out in the Subscription Booking Form if the Driver exceeds the Mileage Allowance during the Subscription Term. On any substitution of a Vehicle pursuant to clause 4.7, the Mileage Allowance and any Excess Mileage Charge shall be recalculated by Voltric by reference to the distance in mileage travelled by the substitute Vehicle at the date of substitution.

6.6. During the Subscription Term the Driver shall be liable of the Vehicle in respect of:

6.6.1. any fixed penalty offence (which may be committed with respect to that vehicle) under the Traffic Acts; and

6.6.2. any excess charge which may be incurred under insurance of an order under Sections 45 and 46 of the Road Traffic Regulation Act 1984.

6.7. The Driver is liable for any additional fines and/or penalties incurred during the Subscription Term and hereby authorises Voltric to disclose any information required by a relevant authority to process such fines and/or penalties.

6.8. The Driver shall be responsible if someone is injured or dies as a result of his act or omission. The Driver shall also be responsible for losses suffered by himself as a result of the Driver breaching these Terms and Conditions.

6.9. Nothing in these clauses 6.1 – 6.8 or otherwise in these Terms and Conditions shall exclude or limit in any way the Driver’s statutory rights including rights relating to a refund or Voltric’s pecuniary liability to the Driver for fraud, death or personal injury caused by Voltric’s negligence.

7. Voltric’s Risks and Liabilities

7.1. Voltric, or a third party on behalf of Voltric, will maintain the Vehicle to at least the manufacturer’s recommended standard.

7.2. Voltric confirms that the Vehicle is roadworthy and suitable for driving as at the Subscription Start Date. Voltric, will identify any existing damage to the Vehicle on the Vehicle Condition Report which will be Voltric in accordance with clause 3.2 above.

7.3. Voltric shall not be liable for:

7.3.1. Loss of use, deterioration, loss of market value resultant from repairs, depreciation, wear and tear, mechanical, electrical, electronic, or computer failures or breakdowns;

7.3.2. Damage to tyres from braking or by punctures, cuts or bursts;

7.3.3. Loss or damage to the Vehicle resulting from a third party taking it by fraud or trickery;

7.3.4. Loss of the Vehicle or accessories resulting from the vehicle being left unattended at any time, unless the ignition key has been removed and all doors, windows and other openings have been closed and locked;

7.3.5. More than £500 for permanently fitted audio/telecommunication equipment, unless it is standard equipment for the vehicle when manufactured;

7.3.6. The cost of replacing any alarm or other security device if the keys or lock transmitter to the Vehicle have been lost or stolen;

7.3.7. indirect losses which happen as a side effect of the main loss or damage and which are not reasonably foreseeable by Voltric and the Driver at the time of entering into this Agreement (such as loss of profits, income or loss of opportunity);

7.3.8. losses not caused by Voltric’s breach; or

7.3.9. failure or delay in performing any or all of its obligations under this Agreement, where such failure is caused, directly or indirectly, by events beyond Voltric’s reasonable control (including, but not limited to, network failure, fire, flood, earthquake, acts of God, acts of war, terrorism, riots, civil disorders, blockades, insurrections, pandemics, epidemics, any law or action taken by a government or public authority, any labour or trade disputes, strikes, industrial action or lockouts, or non-performance by suppliers or subcontractors).

8. Subscription Fees, Fines, Tolls and other charges

8.1. The Driver must pay the Sign Up Fee and the Subscription Fees at the rate and on the dates specified in the Subscription Booking Form. The Driver must obtain the prior written consent of Voltric to change the Payment Date to a day in the month other than the Payment Date specified in the Subscription Booking Form.

8.2. The Driver shall be liable for the following charges and pay them on demand during the Subscription Term:

8.2.1. all charges which are payable after the discovery of damage following re-inspection of the Vehicle when returned by the Driver to Voltric;

8.2.2. all charges, fines and court costs including congestion charges, parking, traffic, speeding or other offences, and any civil penalty payable relating to the Vehicle (“Fines”) and any tolls, fees or charges including toll road fees, and the London Congestion Charge (“Tolls”). The Driver must also pay to the appropriate authority any Fines, Tolls and costs if and when the relevant authority demands this payment, and acknowledges that such obligations may be communicated to the Driver directly, through Voltric or the relevant authority;

8.2.3. value added tax and all other taxes and levies on any of the Fines, Tolls and charges, as appropriate including a £20 administration fee for each Fine, Toll or charge that the Driver incurs during the term of their subscription;

8.2.4. any reasonably incurred, foreseeable losses, costs and charges resulting from the breach by the Driver of this Agreement (such losses being foreseeable where they are contemplated by Voltric and the Driver at the time this Agreement is entered into);

8.2.5. any other charges arising under this Agreement; and

8.2.6. any charges in relation to the repossession of the Vehicle, including, without limitation, third party agent costs, transportation required for the repossession of the Vehicle, legal proceedings in relation to the repossession of the Vehicle and any other costs, charges and expenses in relation to or in connection with the breach of this Agreement by the Driver.

8.3. The Driver shall be liable for any Fines, Tolls and other charges, issued by public authorities or private parking companies, incurred during the Subscription Term even if such Fines, Tolls and other charges are not discovered until after the end of the Subscription Term.

8.4. It is the responsibility of the Driver to pay the relevant authorities directly for any Fines, Tolls and other charges that the Vehicle or the Driver incurs during the Subscription Term. The Driver must provide a written report of any offences committed by the Driver to Voltric within 1 week of the offence taking place, or as otherwise agreed upon by the Parties. In the case of any Fine, the Driver acknowledges and agrees that Voltric may pass on the Driver’s details to the police or relevant authority, who may then contact the Driver directly. Voltric is not liable for any escalation in value of a Fine, Toll or charge as a result of it being delivered to an out- of-date address. It is the Driver’s responsibility to inform Voltric of any change of address so that Fines may be delivered to them in sufficient time to prevent escalation. In the event that Voltric incurs a Fine, charge or administrative fee levied by a third party as a result of the Driver’s incurring of a Fine, charge or administrative fee, Voltric retains the right to charge the cost of such a Fine, charge or administrative fee to the Driver. In the event that the Driver does not pay the Fines, Tolls or other charges, Voltric may pay such Fines, Tolls or other charges and then reclaim such Fines, Tolls or other charges from the Driver if it would be in Voltric’s interests to do so, including, without limitation, where the Vehicle may be at risk and/or there may be other enforcement in relation to unpaid Fines, Tolls or other charges.

8.5. If the Driver and/or any Additional Driver(s) or any other person smokes inside the Vehicle in contravention of condition 5.3.4 above, the Driver shall be liable to pay Voltric a penalty of £700 GBP.

9. Insurance

9.1. The Vehicle has full comprehensive cover under a fleet insurance policy.

9.2. The Driver cannot buy additional comprehensive motor insurance cover over the Vehicle.

9.3. The Vehicle Insurance includes:

a. Damage to the Vehicle and any accessories on the Vehicle in respect of fire and theft, accident, and liability to third parties;

b. All amounts that must be paid as damages for the death of or injury to anyone, or damage to their property resulting from an accident involving the Vehicle;

c. Legal costs for a solicitor or barrister after a road traffic accident involving the Vehicle for which the Driver or Additional Driver is not to blame;

d. Personal accident benefits covering the payments relating to an incident where the Driver or Additional Driver(s) has an accident and it is the sole cause of their death, loss of limb, or total and permanent loss of sight in one or both eyes; and

e. Medical expenses for each person.

9.4. The Vehicle Insurance does not include:

a. Loss of or damage to the Vehicle resulting from someone taking it by fraud or trickery;

b. Loss of the Vehicle or accessories if it is left unattended at any time unless the ignition key has been removed and all doors, windows and other openings have been closed and locked;

c. Liability for death of or injury caused by anyone insured by this policy unless the accident is on a road as defined in the Road Traffic Acts;

d. Anyone who is insured by any other policy;

e. Liability for loss of or damage to property which belongs to, or is in the charge of, anyone who is insured by this policy;

f. Liability for of whatsoever nature or any costs or expenses whatsoever directly or indirectly caused by or contributed to, by, or arising from Terrorism except so far as is necessary to meet the requirements of the Road Traffic Acts;

g. Liability for loss or damage caused in a place where aircraft land, park or move, including the associated service roads, refuelling areas, and ground equipment parking areas;

h. Liability for pollution or contamination unless it is caused by a sudden identifiable event which is accidental and unexpected;

i. Liability in connection with the loading or unloading of a commercial vehicle beyond the limits of the carriageway by any person other than the driver or attendant of such vehicle;

j. Any claim where any insurance for any proceedings brought or judgement obtained against the Driver and/or Additional Driver(s) in any court outside of the United Kingdom, unless such proceedings are brought or judgement is obtained in the court of a foreign country arising out of use of the Vehicle in that foreign country, with agreed permission to extend cover under the Policy to cover such foreign use.

9.5. The following limits apply to any payments made under the Vehicle Insurance:

a. The cover provided for damage to property damage is limited for any one claim or series of claims arising out of one occurrence to £20,000,000 (including interest);

b. and in addition, an amount up to £5,000,000 for claimants’ costs and expenses, if you are ordered to pay them or paid with our written consent;

c. Legal cost of up to up to £100,000 to help you claim from the person who was responsible for the accident;

d. Personal belongings limit of £150;

e. Medical expenses limit of £200; and

f. Personal accident benefits limit of £5,000.

10. Accidents, Damage and Theft

10.1. In the event of an accident involving the Vehicle, the Driver or Additional Driver must not admit responsibility or attempt to negotiate with third parties. The Driver or Additional Driver should note the registration numbers of other vehicles, take photographs and/or video of the scene and vehicles involved and obtain the names and addresses of everyone involved, including witnesses and should also:

10.1.1. make the Vehicle secure;

10.1.2. inform the police without delay if anyone is injured or if the Driver or Additional Driver was unable to exchange details with other drivers or property owners;

10.1.3. report the incident to the Voltric as soon as is practically possible being no later than 24 hours after the incident;

10.1.4. note the insurance details of other involved third parties; and

10.1.5. comply with all other applicable road traffic and other laws.

10.2. In the event of damage to the Vehicle, the Driver must comply with the instructions of Voltric (and/or the insurers of the Vehicle). The Driver (and Additional Driver(s) if relevant) must provide all reasonable cooperation and assistance to the Insurer and Voltric as to the conduct of any claim. If the Vehicle is stolen, the Driver must inform the police and Voltric as soon as becoming aware of the theft.

10.3. If a warning light appears in the Vehicle or the Vehicle develops any fault during the Subscription Term, the Driver must contact Voltric as soon as practicable to provide details of the fault.

10.4. In the event of any claim under the insurance set out in under clause 7.1, the Driver (and where applicable, Additional Driver(s)) must;

10.4.1. comply with the instructions of Voltric and/or the Insurer as to the Vehicle; and

10.4.2. provide all reasonable co-operation and assistance to Voltric and/or the Insurer as to the conduct of any claim.

10.5. In the event of any accident involving the Driver or Additional Driver(s) which is likely to have been wholly or mainly the fault of a party other than the Driver or Additional Driver(s) (“Non-Fault Accident”), the Driver or Additional Driver(s) must comply with the instructions of Voltric and/or the Insurer as to the Vehicle and:

10.5.1. is obliged to follow Voltric’s instructions as to having the Vehicle repaired, either by making it available to Voltric at a time of its choosing or by making arrangements at Voltric’s direction for the Vehicle to the repaired; and

10.5.2. must provide all reasonable co-operation and assistance to Voltric as to the conduct of any claim; and

10.5.3. must continue to pay the Subscription Fees under this Agreement during the Subscription Term (and for any further period while the Vehicle is in fact under repair and/or otherwise not available for use);

10.5.4. will have no right under this Agreement to receive a replacement vehicle from Voltric while the Vehicle is under repair or otherwise unavailable to the Driver

10.6. In the event of a Non-Fault Accident the Driver has authorised Voltric to correspond with the insurer on its behalf and the Driver agrees to comply with clause 10.5 above.

10.7. In the event that the accident is not considered by (or its agent) to be the fault of another person who is insured, Voltric may in its discretion agree to hire a replacement vehicle to the Driver under a new Subscription Agreement.

10.8. If the Vehicle is declared a total loss and Voltric does not receive any insurance monies or if the insurance monies received are in any way reduced because of any failure by the Driver to observe the terms and conditions of this Agreement, the Driver shall pay Voltric on demand the difference between the insurance monies Voltric receives and the termination payment set out in clauses 13 which is calculated at the date of such loss.

11. Servicing, Maintenance and Breakdown Cover

11.1. Voltric is responsible for the organisation of all routine servicing and maintenance from the Subscription Start Date to the Subscription End Date (which includes tyres, maintenance and arranging MOTs).

11.2. Voltric, or a third party operating on behalf of Voltric, will provide fair and reasonable written notice of no less than three days to the Driver when arranging servicing or maintenance appointments, advise the Driver of these and coordinate schedules with the Driver. It is the Driver’s responsibility to keep these agreed appointments and otherwise bear any rescheduling costs if an appointment is missed.

11.3. Breakdown cover provided by the Original Equipment Manufacturer (or such other reputable motor organisation chosen by the Original Equipment Manufacturer) is included in the Subscription Fee when the fault is determined mechanical. Where the roadside assistance falls out with what is covered by the cost Voltric pays to Original Equipment Manufacturer (or such other reputable motor organisation), the Driver may be liable for the associated costs. It is the Driver’s responsibility to keep agreed breakdown callouts and otherwise bear any cancellation costs if a callout missed.

11.4. The Driver must refer to and follow the breakdown information as part of Driver’s Subscription confirmation. Breakdown cover information is also made available in the handover pack, emergency card in the glove compartment and in the Driver's Voltric account. The Driver should contact members@voltric.co.uk if there are any questions in relation to the breakdown policy.

12. Telematics

Telematics allows Voltric to GPS track Vehicles as well as extract mileage, charge level,

acceleration and braking data, as well as remotely lock and unlock or immobilise Vehicles. By using the Vehicle, the Driver consents to the collection of such data which may be shared with third-parties from time to time.

13. Cancellation, Default and Termination

13.1. For the avoidance of doubt, this Agreement and the Subscription Term ends only with the Driver’s return of the Vehicle to Voltric or a third party specified by Voltric.

13.2. The Sign-Up Fee is non-refundable, however should the Driver elect to cancel the Driver’s subscription prior to the Subscription Start Date the following refunds may be applicable:

13.2.1. if more than 72 hours prior to the Subscription Start Date, the Subscription Fees paid are fully refundable (refunds can take up to 10 working days to appear in the Driver’s bank account);

13.2.2. if less than 72 hours prior to the Subscription Start Date, Voltric will partially refund 80% of the Fees paid;

13.2.3. if the Driver has accepted the Vehicle upon delivery by signing the delivery sheet, the refund of the Monthly Subscription Fee will not apply; or

13.2.4. if the Driver rejects the Vehicle by not signing the delivery sheet and does not choose to use the Service, a refund of the Fees paid will apply, less the cost of delivering and returning the Vehicle.

13.3. The Driver may terminate this Agreement before the Subscription End Date. In order to do so, the Driver must give Voltric 1 months’ notice and must pay to Voltric an early termination fee. The early termination fee due will be the higher of either: (a) 20% of outstanding Subscription Fees; or (b) one month's Subscription Fee. This early termination fee must be paid before the cancellation can be confirmed and before Voltric can arrange collection of the Vehicle.

13.4. Voltric may cancel a subscription prior to the Subscription Start Date where reasonably required (for example, if an unforeseen Vehicle fault arises, or if the availability of the Vehicle changes) by notifying the Driver at any point prior to the Driver collecting the Vehicle (or having the Vehicle delivered to Driver, as the parties may agree), and any overpayments in relation to the Subscription Fee, and other amounts paid shall be refunded in full to the Driver.

13.5. If Voltric attempts to collect the Vehicle from the Driver on the last day of the Subscription Term but is unable to do so due to the Driver’s fault, Voltric will allow a grace period of one day for the Driver to return the Vehicle. After this grace period, the Driver shall be liable to pay the daily rate for any additional time for which the Driver uses the Vehicle. This shall be calculated using the daily Late Fee Penalty included in the Subscription Booking Form.

13.6. Subject to any notice required by law, Voltric may terminate this Agreement if any of the following occur:

13.6.1. the Driver fails to pay any Subscription Fee, Fine, Toll, charges or any other amount due under this Agreement on the date when it becomes due;

13.6.2. the Driver or Additional Driver(s) breach their obligations under this Agreement;

13.6.3. the Driver or Additional Driver(s) is no longer in possession or control of the Vehicle;

13.6.4. the Driver becomes bankrupt or enters into any arrangement or composition with creditors;

13.6.5. the Driver or Additional Driver(s) receives endorsements or convictions on their driving licence which are unacceptable to Voltric;

13.6.6. Voltric’s relationship with its vehicle supplier is suspended or terminated, or the Vehicle is unavailable from Voltric’s vehicle supplier, or the Vehicle is excluded from the Voltric website. If terminated for this reason, this Agreement will terminate, the Vehicle must be returned to Voltric and the Driver will be refunded in full for any payments made under this Agreement for use of the Vehicle not received; or

13.6.7. any information supplied by the Driver to Voltric in connection with this Agreement is inaccurate or misleading in any material way.

13.7. Upon early termination of this Agreement, the Driver shall immediately be liable for:

13.7.1. any arrears of Subscription Fees and other amounts due and payable at the time (including for the avoidance of doubt any Fines, Tolls, and other charges);

13.7.2. an early termination fee as calculated under condition 13.4 above; and

13.7.3. any other amounts which may become due and payable under this Subscription Agreement.

13.8. Upon expiry of the Subscription Term or on any early termination of this Subscription Agreement for any reason, the Driver's right to use of the Vehicle will cease and the Vehicle must immediately be availed to Voltric. Voltric may repossess the Vehicle if the Driver fails to avail the Vehicle and the Driver shall indemnify Voltric in relation to any loss and damage resulting from the repossession of the Vehicle without prejudice to Voltric’s other rights and remedies under this Agreement.

13.9. If the Driver fails to avail the Vehicle to Voltric on the Subscription End Date or the date which was agreed upon by both parties, or on any earlier termination as required, the Driver shall be liable for an overdue fee for each day that the Vehicle is not availed in accordance with these terms and conditions (the Delay Period) the Driver may also be liable for additional insurance charges in relation to the Delay Period. The Driver will remain responsible for all the Driver's obligations under this Agreement for the full duration of the Delay Period.

13.10. Failure by the Driver to avail the Vehicle to Voltric promptly in accordance with condition these terms and conditions may result in Voltric reporting the Driver to the relevant authorities.

13.11. Upon collection of the Vehicle, the Driver must remove any debris, rubbish and the Driver's personal items from the Vehicle. The Driver must then hand the keys of the Vehicle to Voltric, or a third party on behalf of Voltric or returned in a manner otherwise agreed with Voltric.

13.12. Voltric may amend the Subscription End Date to such earlier time as may be reasonably required in connection with its business purposes, provided that the Driver shall be entitled to a pro rata refund of the Subscription Fees (at the daily subscription rate identified in the Subscription Booking Form) for the number of days by which the Subscription Term has been shortened.

14. Continuous Payment Authority

14.1. The Driver hereby authorises Voltric to collect any amounts for which the Driver is liable under this Agreement by charging a credit or debit card, the details of which have been provided to Voltric by the Driver. Making regular collections from the Driver's credit or debit card is called a continuous payment authority. The Driver shall only provide Voltric with debit or credit card details for an account which belongs to the Driver and from which the Driver is authorised to make payments. The Driver acknowledges and agrees that Voltric uses continuous payment authority to collect Subscription Fees on the Payment Dates and all other sums which are due and payable by the Driver under this Agreement including all the charges and fees set out in the Subscription Booking Form.

14.2. The Driver may amend their continuous payment authority by emailing members@voltric.co.uk or the Payment Section of the Driver’s online account. The Driver also has the ability to change their due date for payment by emailing members@voltric.co.uk to discuss first.

14.3. In the event a payment fails for a Driver due to insufficient funds being available on the Payment Date, Voltric will attempt to take the payment again on the following day. If such payment fails, Voltric will continue attempting to take payment twice a week until such payment has been successful. If the Driver is having difficulties in making the payment, Voltric will discuss alternative repayment arrangements with the Driver.

14.4. If Voltric makes all reasonable attempts to contact the Driver following a payment failure, but these attempts are unsuccessful, Voltric will continue to try and make contact with the Customer to understand their position and the circumstances surrounding the non-payment. Voltric reserves the right to repossess the Vehicle after two (2) months of non-payment.

14.5. If all efforts to contact the Driver fail, or the Driver refuses to engage with Voltric, Voltric will retry the payment two (2) times per week for three (3) months. If no payment is successful after three (3) months Voltric reserves the right to institute legal proceedings against the Driver.

14.6. Part payment may be sought on a monthly basis from a Driver if a payment plan has been established in line with our arrears and debt collection procedures. Part payments are subject to a minimum of £50.

15. Governing Law

15.1. These Terms of Subscription and any Agreement shall be governed by and construed in accordance with the laws of England and Wales. Both Voltric and the Driver agree to submit to the non-exclusive jurisdiction of the English courts, which means:

15.1.1. if the Driver lives in the EU they may enforce their rights in connection with this Agreement in the EU member state in which they live; or

15.1.2. if the Driver lives in any other jurisdiction which gives them mandatory consumer protection rights, they may enforce their rights in connection with this Subscription Agreement in accordance with such rights.

16. General

16.1. Any notice or other communication given to the Driver in connection with this Agreement may be sent by email to the latest address maintained on the Voltric website, www.voltric.co.uk or by post to such address as Voltric holds for the Driver. Any notice or other communication given to Voltric in connection with this Agreement should be sent by email to members@voltric.co.uk.

16.2. Except as otherwise agreed in this Agreement and required by law, each party agrees with the other to keep secret and not share (except with its employees, contracts and advisers

(where relevant)) any confidential information it receives from the other party through this Agreement.

16.3. If any part of these terms is disallowed or found to be ineffective by a court or regulator, the other provisions shall continue to apply.

16.4. If either party does not take action against the other party, the party who chose not to take action is still entitled to use its rights and remedies in any other situation when this Agreement is breached.

16.5. This Agreement is for the benefit of the Driver and Voltric where stated in this Agreement, and no term of this Agreement will be enforceable by any other person that is not a party to it including any enforcement through the Contracts (Rights of Third Parties) Act 1999.

16.6. Voltric expressly reserves the right to subcontract any of its obligations under this Agreement to a third party, provided that Voltric shall remain primarily responsible for, and liable to the Driver for, the performance of such obligations.

16.7. Voltric reserves the right to transfer our rights and obligations under this Agreement with consent from the Driver. If the transfer of Voltric’s rights and obligations under this Agreement cause a material change in the Driver’s rights and obligations, the Driver will have the right to terminate the Agreement by providing Voltric with written notice. The Driver may not transfer your rights or obligations under this Agreement.

16.8. The Driver agrees this Agreement may be entered into and signed by way of electronic signature or advanced electronic signature as defined in the Electronic Communications Act 2000 or articles 3(10) or 3(11) of Regulation EU N09012014. Any signature made by the Driver in a way which complies with the Electronic Communications Act 2000 will be effective and binding on the Driver.