Our Terms and Conditions for renting a vehicle at THE OUT
1. General principles
2. Making a booking
3. The Rental period
4. The vehicle: condition, usage, breakdown assistance
5. Our responsibilities
6. Personal belongings
8. Data Protection
9. Ending the contract between us
10. The law
1. General principles
We are InMotion Ventures 2 Limited, trading as "THE OUT". We are a private limited company registered in England under company number 10444740 and our registered office is Abbey Road, Whitley, Coventry CV3 4LF in the UK.
These are the terms and conditions which apply when you rent a vehicle from us.
Your contract with us consists of these terms and conditions, which apply for the duration as set out in the booking confirmation.
These requirements are also applicable to all additional drivers if any.
2. Making a booking
In order to rent a vehicle and any optional accessories (e.g. child seats, bicycle racks, etc.) from us, you will need to make a booking using our app available on the App Store (at the time of writing, our app can be located at https://itunes.apple.com/gb/app/the-out/id1355354261) or on our website https://www.theout.com.
To drive one of our vehicles you must meet certain requirements.
Who can drive the vehicle?
UK licence holders:
Anyone who has a UK driving licence which has been held for two years or more between the ages of 25 and 74 OR between the ages of 30 and 74 for our Jaguar F-type.
UK driving licence must have no more than six points arising out of minor convictions.
UK driving licence must have no points arising out of major convictions.
If you would like to view a list of minor and major convictions, please contact us at email@example.com.
EU and International licence holders:
EU and International driving licences must have been held for two years or more between the ages of 25 and 74 OR between the ages of 30 and 74 for our Jaguar F-type.
Please note, an International driving licence (not EU) is only valid in the UK for 12 months: (i) from when you last entered the UK; or (ii) from when you became resident in the UK.
A customer who has been resident in the UK for more than 12 months must provide a UK or EU driving licence regardless of nationality.
Anyone driving the vehicle must:
Have a full UK, EU or International driving licence which is valid for the type of vehicle being rented.
Be between the ages of 25 and 74 during the rental period OR between the ages of 30 and 74 for our Jaguar F-type.
Not to have been involved in more than one, in a fault accident or a theft exceeding £2,500 within the last 3 years.
Not have any unspent motoring convictions.
Not be under the influence of alcohol, drugs or any other substance which may impair their ability to drive the vehicle, or cause it to be operated illegally.
These requirements are also applicable to all additional drivers if any.
When you make a booking with us, you will need to provide us with certain information and documentation to confirm your identity and verify your compliance with our insurance terms.
You will need to provide the following information:
Debit or credit card details
You will need to upload copies of the following documents to our system:
Copy of your passport
Picture or video of your face
Before we are able to confirm your booking, we will need to have access to the details of any endorsements/penalty points on your licence. We do this whilst we confirm your identity and creditworthiness, using external service providers to assist with our checks, using the information listed above that you have provided us with.
We will be able to access your licence details and confirm whether you have any endorsements/penalty points. This way, we will be able to confirm whether we are able to rent a vehicle to you. We may also re-run the licence check service immediately prior to your car rental, to consider any endorsements received in the period between booking and hire.
3. The Rental period
You will have use of the vehicle for the period of time shown in your booking confirmation.
What is the booking confirmation?
This confirms the booking which you have placed through our app or website . It contains the details of your rental, the location, where you want it to be delivered and collected from, the period of time you are renting for, and the associated costs. The booking confirmation is visible in our iOS app/website and will also be sent to you via email at the time of booking. Any amendments, such as changing the rental period, will result in a new booking confirmation, and will supersede the previous booking confirmation. These terms and conditions apply to you as the person paying for the rental, and any drivers added to the booking, for the duration of your rental as set out in your booking confirmation. When you place a booking via our app/website, this signifies that you accept the conditions set out in these terms and conditions. The booking confirmation, together with these terms and conditions, contain all the conditions which we have agreed and replaces any written or verbal agreements we have with you.
Which vehicle will I be renting?
You will be renting the vehicle set out in your booking confirmation. If, for any reason, we are unable to rent you the vehicle set out in your booking confirmation, we will substitute it with an equivalent vehicle. If we need to substitute it with an equivalent vehicle, we will endeavour to let you know in advance. Unless we agree otherwise, we will deliver the vehicle, together with any optional accessories you have requested (subject to availability), on the date, at the time and to the delivery location set out in the booking confirmation.
You can have the vehicle delivered and collected from any address within our service area, provided that both you and we are permitted to be there. If it is not possible or safe to deliver the vehicle to the address you have provided, we will endeavour to find an alternative location nearby and notify you. You can have the vehicle collected from a different location to the delivery location, as long as it is within the service area and safe to collect the vehicle at that address.
The main driver of the booking must be present and have their driving licence and the card used to pay for the booking for inspection at the time the car is delivered. We will refuse to hand over the vehicle if this requirement is not met and you might be charged for the rental in full and you shall not be entitled to any refund.
Please note that our drivers operate under a tight time schedule to deliver and collect our vehicles on time.
We will give you a 20-minute grace period in case you are late taking delivery of the vehicle. If you are not available after the 20-minute grace period, your booking might be cancelled and you will be charged for the rental in full.
We will collect the vehicle and any optional accessories that you have rented at the address given by you. Please park the vehicle in a safe place. You remain responsible for the vehicle and any optional accessories, and are responsible for any applicable parking charges, until you hand over the keys. We inspect the vehicle with you at the collection location.
We will give you a 20-minute grace period in case you are late returning the vehicle. However, if you return the vehicle after the 20-minute grace period, we reserve the right to charge you a full day's rental fee at the applicable daily rental rate until we get the vehicle back plus a no-show fee of £100 and a new collection fee if your collection address is outside London zones 1-5.
If the vehicle is not available when we arrive, you will be in breach of your contract with us. To avoid this, please let us know in advance if you will be late and we will do our best to accommodate this change.
Amending your delivery or collection times:
London zones 1-5
If you want to change your delivery or collection time, please give us at least 3 operational hours' notice and there will be no charge for changing the delivery or collection time.
If you request any change to your delivery or collection times with less than 3 operational hours' notice, you will incur a Late Change Fee of £100.
Outside London zones 1-5
If you want to change your delivery or collection time, please give us at least 24 hours' notice and there will be no charge for changing the delivery or collection time.
If you request any change to your delivery or collection times with less than 24 hours' notice, you will incur a Late Change Fee £100 plus a new delivery/collection fee.
If you extend your rental period any additional time will be charged at the applicable daily rental rate. If you wish to return the vehicle early, you must still pay the full rental fees for the duration of the rental period set out in your booking confirmation. We will try our best to accommodate your request and collect the vehicle earlier. However, should this not be possible, you must bring the vehicle back for collection as set out in your booking confirmation.
You can cancel your rental free of charge provided that you have given us at least 24h notice before your rental period is due to start. If you do not give us 24h notice, we will charge you for the first day’s rental plus a delivery fee if your delivery address is outside London zones 1-5.
If you fail to cancel or amend your booking and do not show up to collect the vehicle at the agreed delivery location and at the agreed delivery time, we reserve the right to charge you for the rental in full and you shall not be entitled to any refund.
4.1 Condition of the Vehicle.
You must inspect the vehicle and any accessories we provide before you take delivery of the vehicle. If you are not satisfied with the vehicle or any accessories, or if you do not think the condition of the vehicle meets our vehicle condition report, you must notify us during the vehicle handover. In the absence of such notice, it shall be deemed that you received the vehicle and any accessories in good working order and in the condition described in the vehicle condition report.
The vehicle condition report is a file prepared by us before we deliver the vehicle to you, which sets out the condition of the vehicle. At the handover of the vehicle both you and the delivery driver sign the vehicle condition report to accept that the vehicle was delivered in good working order and in the condition stated in the vehicle condition report. You must take care of the vehicle, any accessories, the keys (or other locking devices), and any applications which can be used with the vehicle, from the time we deliver the vehicle to you until the time we collect it from you at the end of the rental period. You must return the vehicle at the agreed location and time. When you return the vehicle, our staff will check its condition. If we have agreed to allow you to return the vehicle outside of the previously agreed time, you will remain responsible for the vehicle and its condition until our staff have checked it at the earliest opportunity. We may need to clean the vehicle before our staff can check its condition. If the vehicle is returned excessively dirty inside or outside, you might be charged up to £250 cleaning fee. You are responsible for any repair or refurbishment costs and these will be added to the cost of the rental, subject to any fair wear and tear to the vehicle.
What is fair wear and tear?
Fair wear and tear is ordinary wear due to reasonable use. Examples include:
Minor stone chips (less than 3mm in diameter and without any denting)
Normal wear on tyre treads (bearing in mind the distance you travelled and the length of your rental)
You are responsible for any damage to the vehicle over and above fair wear and tear, and must pay our reasonable costs for bringing the vehicle back to the condition stated in the vehicle condition report. Some damage may not be apparent at the post-rental inspection, such as mechanical damage (for example, to the engine, fuel tank or drivetrain) or damage hidden by adverse light or weather conditions. If we find any such damage, we will notify you with evidence of the same. We recommend that you are present for the inspection we carry out upon your return of the vehicle, any optional accessories, the keys (or other locking devices) and any applications which can be used with the vehicle, so that any damage can be agreed. If you are not present for the inspection, we will inspect the vehicle, any optional accessories, the keys (or other locking devices) and any applications which can be used with the vehicle in your absence and, if we find any damage, we will notify you of the amount you are required to pay to bring the vehicle, any optional accessories, the keys (or other locking devices) and any applications which can be used with the vehicle, back to the condition stated in the vehicle condition report or back to the condition they were in immediately prior to the rental period. You agree that we may charge your payment card for this amount.
4.2 Use of the Vehicle
Only you, and any driver we have given written permission to, can drive the vehicle. Any individual wishing to drive the vehicle will have to meet the same criteria set out in these terms and conditions as the main driver, and will have to undergo the same “know your client” process. You must not rent the vehicle to anyone else. You must also not use the vehicle or let someone else use it for any prohibited purpose.
You can return the vehicle to us with a full tank of fuel, otherwise we will charge you the market rate without further admin fee for refuelling it. If your booking is for an electric or PHEV vehicle, then the same principle applies. We will charge you at cost for re-charging the car.
You must always lock the vehicle when you are not using it and use any security device which is fitted or supplied with the vehicle. You must always use your best endeavours to protect the vehicle against adverse weather conditions which could cause damage to the vehicle. You must make sure that you use the correct fuel and fluids in the vehicle. If the vehicle is electric or plug-in hybrid you must charge the vehicle in accordance with the instructions provided. You must not sell, rent or dispose of the vehicle, any of its parts or accessories. You must not give or try to give anyone the legal rights to the vehicle or transfer legal ownership. You must not let anyone work on the vehicle (including a reputable garage) without our prior written permission. You must let us know as soon as you become aware of any defect with the vehicle, or if the vehicle is stolen or involved in an accident or breakdown. Failure to notify us may result in you breaching your contract with us and you will be liable to pay any costs which we incur as a result. You must not smoke in the vehicle, or carry any object or substance which, because of its condition or smell, may harm the vehicle or delay/prevent us renting or selling it. If anyone has been smoking in the vehicle during the rental period, you will incur a £200 cleaning fee. Animals can only be transported in the vehicle with our prior written permission. You may drive as many miles as you wish during the rental period, provided that your mileage is not excessive. Mileage of over 600 miles in each 24h period constitutes excessive mileage, and you will be charged £0.30 per mile for each mile in excess of 600 miles. You are liable for all fees, taxes, fines and penalties incurred in connection with the use of the vehicle. There will be a £35 admin fee for any PCN’s or speeding notices obtained on rental. During the rental period you must carry out the usual checks (engine oil level, tire pressure, etc.) as would any careful user and you must respect the maintenance cycle of the vehicle as stated in the maintenance guide, if any. When parking the vehicle, even for a short period, you undertake to lock it and make use of the vehicle's alarm and/or immobilisation equipment. You must never leave the vehicle unoccupied with the keys in the ignition. Non-return of the keys will lead to invalidation of the theft cover.
You undertake to use the vehicle in a responsible manner and in particular, only for the purposes for which it is intended. For a car, this means primarily carrying passengers other than for hire and reward.
In particular, you must not use the vehicle under any of the following conditions or for any of the following purposes:
Other than in accordance with all applicable road traffic laws and regulations
Other than in accordance with these terms and conditions
For any illegal purpose or in away which would cause nuisance
To carry passengers for a fee
For driving lessons
To tow or push any vehicle, trailer or other object
For racing, pace-making, or to test the vehicle’s reliability, performance or speed
Off road or on roads unsuitable for the vehicle
Outside the United Kingdom, unless we have given you prior written permission and a Vehicle on Hire Certificate (VE103B)
If it is loaded beyond the manufacturer’s maximum weight recommendations
To carry unsecured loads
To carry more passengers than the vehicle was manufactured to legally carry
If you do not abide by these terms and conditions, we can ask you to bring back the vehicle before the date and time we have agreed with you. To do this we will give you written notice by sending you an email or a text message (using the contact details set out in the booking confirmation). Once we have given you notice, you will no longer have our permission to be in possession of the vehicle, and will be required to return it to us immediately. If you do not do this, we may then take back the vehicle without giving you any notice. If we believe you have given us false information which was material to the decision to rent the vehicle to you, we may take back the vehicle without giving you any notice.
4.3 Breakdown / Accident
If at any time a warning light is displayed, please stop the vehicle as soon as you can in a safe place, and contact Land Rover Assistance as soon as possible on 0800 521786 in the UK or 00 44 1926 320003 if in Europe or any other country outside of the UK. We will recover and repair the vehicle as soon as possible in accordance with the Land Rover Assistance programme. However, if it cannot be repaired, where possible we will provide you with a replacement vehicle for the remainder of the rental period or, where that is not possible, refund you the charges paid for the remainder of the rental period (pro-rata). We will not charge you for the cost of recovery and/or repair if it was caused by our negligence or fault.
If you are involved in an accident, do not admit to any third party that you are responsible. If you do, you may lose the benefit of the insurance cover and be liable for the full amount of any damage. You should notify both the police and us straight away and describe the situation as fully as possible when you are asked to do so. You should get the names and addresses of everyone involved, including witnesses, and tell the police straight away if anyone is injured or if there is a disagreement over who is responsible. You should also make sure the vehicle is secure.
4.4 In the event of theft
If the vehicle has been lost or stolen, you must tell us as soon as possible and confirm this in writing as soon as reasonably possible. You or any authorised drivers will also need to:
Get the names and addresses of any witnesses and give them to us
Send us a statement in the event of a theft
Send us any notices or other documents relating to any legal proceedings arising out of the theft or loss
Help us and our insurers in any legal proceedings, including allowing us to take legal action in your name and defending any legal action taken against you
Give us back all keys as soon as reasonably possible
5. Our responsibilities
We will deliver the vehicle to you containing a full tank of fuel, in a roadworthy state and suitable for you to use at the start of the rental period. We will have maintained the vehicle to at least the manufacturer’s recommended standard.
We will set out the details of any existing damage to the vehicle in the vehicle condition report, which you will be able to review and sign. The vehicle you have rented may be fitted with a tracking device. The tracking device will be used to ensure safe and compliant operation of the vehicle in line with these terms and conditions. If the vehicle is not available for collection at the end of the rental period on/at the agreed date, time and location, we will use the data recorded on the device to recover our vehicle. By accepting these terms and conditions, you agree that we have your consent to record and use any data we collect.
We will collect the following data using the tracking device:
Other information relating to the status, maintenance, performance and use of the vehicle
We will use this data to ensure safe and compliant operation of the vehicle and, if the vehicle is not available for collection at the end of the rental period on/at the agreed date, time and location, to recover the vehicle. We are responsible for any death or personal injury caused by our negligence. We are also responsible for any loss you suffer as a result of us breaching the contract between us, if we could have predicted your loss at the time the contract was entered into and it is a result of us breaching the contract. We are not responsible for any indirect losses which occur as a side effect of the main loss and which we or you could not have predicted, such as loss of profits or loss of opportunity (for example, not being able to go to a business meeting or catching a flight).
6. Personal belongings
Although we provide comprehensive insurance for the vehicle (subject to the security deposit payable by you set out in these terms and conditions, unless specified in writing otherwise), we do not provide insurance covering your personal items whilst they are in the vehicle. You are responsible for your personal belongings at all times, and for removing your personal belongings, including your data, from the vehicle at the end of the rental period. We are not responsible for any personal belongings or data left in the vehicle at the end of the rental period and we reserve the right to dispose of any unclaimed personal belongings left in the vehicle at the end of the rental period.
Your standard charges for rental will be set out in the booking confirmation, and include the rental charge based on the number of days you are renting the vehicle for and the applicable daily rental rate with the minimum rental period being one day.
You will also have to pay to us:
Any charges for loss or damage to the vehicle resulting from your non-compliance with these terms and conditions, including, where applicable, an administration fee to reflect our reasonable administration costs for dealing with these matters
The full cost of repairs for any damage to the vehicle caused by your gross negligence, serious carelessness, or deliberate misuse, regardless of the insurance cover that has been taken out, e.g. driving the vehicle illegally or driving through a flood.
Any loss or damage to any optional accessories rented at time of rental, e.g. child seats, telephone cradles, chargers, etc.
A charge for any call outs which are your fault, e.g. losing the key to the vehicle
In addition, you are responsible for the following charges to third parties:
- All charges (including legal and administrative costs) for any road-traffic offences or parking (local authority or private), congestion or toll charges, or any other offences or charges involving the vehicle, including costs from the vehicle being clamped, seized or towed away.
- For all bookings created on or after 8th September 2023, the London Congestion Charge (payable where the vehicle is driven within the Congestion Zone as set out at Congestion Charge zone - Transport for London (tfl.gov.uk) is not included in the rental fee and you are responsible for the London Congestion Charge. London Congestion Charge will apply if your delivery or collection address is inside the Congestion Charge Zone and/or if you drive the vehicle inside the Congestion Charge Zone during the rental period. If you do not pay the London Congestion Charge within twenty-four (24) hours of entering the Congestion Charge Zone, we will automatically pay this on your behalf and re-charge this to the original payment method of the rental fees plus a one-off handling fee of £20 per rental ("Handling Fee"). Please note that if you make payment of the London Congestion Charge more than twenty-four (24) hours after the entering the Congestion Charge Zone then you will still be liable to us for the London Congestion Charges together with the Handling Fee. All charges will be clearly outlined in the final invoice.
- For all bookings created on or after 8th September 2023, the Dartford Crossing Charge is not included in the rental fee and you will be responsible for making payment by visiting Pay the Dartford Crossing charge (Dart Charge): Paying the charge - GOV.UK (www.gov.uk). Non-payment of this charge may result in a PCN.
- Any recovery charges arising from the Driver and Vehicle Standards Agency (DVSA), HM Revenue & Customs(HMRC), the police, or any other organisation or their agents, who have seized our vehicle while on hire to you or otherwise in your possession or control
When you rent a vehicle with us, you will have to provide a security deposit as set out in the booking confirmation. 24h before you take delivery of the vehicle, your security deposit will be pre-authorised electronically against the same payment card that was used to make the booking. Although the money will not be taken from your account, it will not be available to you until the end of the rental period. If your deposit fails, your booking will be cancelled and you will be charged for the first day’s rental plus delivery fee if your delivery address is outside London zones 1-5.
At the end of the rental period, the security deposit will be released to your credit card or refunded to your debit card provided there is no new damage to, or any other issue affecting, the vehicle which was not present immediately prior to the start of the rental period. If there is new damage to, or any other issue affecting, the vehicle when the vehicle is returned, this will be communicated clearly, and the full excess amount will be charged to your card until we have received the cost back from the repair shop. If the cost of repair is less than your excess amount, you will be reimbursed the difference. If it’s higher than your excess amount, then the excess amount is the maximum you will be charged.
If you have purchased Vehicle Hire Excess Insurance and return the vehicle with new damage, the above procedure will still apply. You will then be able to file a claim to the Vehicle Hire Excess Insurance for the amount taken from the deposit to reduce your excess to £0.
There are no administration fees for dealing with such damage to, or other issues affecting, the vehicle. Please note that it may take up to 10 working days for the deposit monies to be available, depending on your bank or card provider.
The daily rental charge of the vehicle and any optional accessories for the full rental period, together with any additional services or products, will be charged when you book the vehicle. When we have collected the vehicle from you, we will establish whether any additional fees, such as the cost of refuelling the vehicle, apply and we will then charge these to your payment card.
How can I pay for my rental?
Payment is required by credit card or debit card. Cash, cheque, and pre-paid cards are not accepted. We accept payment by most major credit/debit card providers, including Visa, MasterCard and American Express. Third parties may not pay for a rental and the credit or debit card presented at the start of the hire must always be in the name of the main driver. We will charge you interest on any overdue payments at the rate of 4% a year above the base lending rate as published by Barclays Bank PLC from time to time. Interest will be added every day, from the due date until the date of payment, to any amount you do not pay us on time.
Summary of Charges
We provide cover for loss or damage to the vehicle. However, if you lose or damage the vehicle you still have to pay an amount up to the deposit of the car.
We also provide cover for theft and damage to the vehicle caused during a theft or attempted theft. However, you still have to pay an amount up to the security deposit if the vehicle is damaged during a theft/attempted theft or is stolen.
Are there any exclusions?
Where you have not complied with these terms and conditions, or have been grossly negligent, you will have to pay all damage costs, not just the security deposit. Please see paragraph 7 for further details.
8. Data protection
It is the vehicle user’s choice and responsibility to use and remove data via the infotainment options available in each vehicle. We cannot guarantee the privacy or confidentiality of such information, and you must wipe it before you return the Vehicle to us. If you do not do this, the next users of the Vehicle will be able to access this information
9. Ending the contract between us
If you are an individual, we will end the contract between us if we find out that your belongings have been taken away from you to pay off your debts, or a receiving order has been made against you. We may also end the contract between us if you do not comply with the main terms of these terms and conditions.
If you are a company, we will end the contract between us if you go into liquidation, you call a meeting of creditors, we find out that your goods have been taken away from you until you pay off your debts, or you do not comply with these terms and conditions. If we end the contract between us it will not affect our right to receive any amount you owe us. We can also claim reasonable costs from you if you do not meet the main conditions of these terms and conditions. We can repossess the vehicle and charge you a reasonable amount for doing so.
10. The law
Leaseurope has published a code of conduct for the car rental industry. You may obtain a copy at the following address: www.leaseurope.org. We aim to deal with all disagreements fairly and calmly. If, between us, we cannot deal with a disagreement, either you or we may take the matter to the BVRLA’s conciliation service.
These terms and conditions are governed by the laws of England and Wales. Any disagreement may be settled in the courts of England and Wales.