Kendall Go Membership Contract

In this Contract, the following definitions apply:

• “Contract”: This Membership Contract and its Sub-sections, whether made available in print or electronically through Kendall Go websites or via the Kendall Go bookings app. “Designated Parking Zone”: means any parking space which is both lawful and complies with the Kendall Go parking rules (“Kendall Go Bases”); the boundaries of the designated zone and the parking rules for that zone may be found on the Kendall Go website or Kendall Go
• “Member” or “you”: The person that is approved by Kendall Cars to use Kendall Go vehicles and that is designated to receive and pay all fees, charges and other costs associated with membership, including application fees, membership fees, driving charges and other costs or fees as indicated in the Rules and Schedules described below.
• “Rules”: All the rules, guidelines or policies of Kendall Go related to a Member’s use of the Kendall Go service, whether set forth in this Contract, appearing elsewhere on Kendall’s websites or otherwise issued from time to time by Kendall’s, including specifically and without limitation those set forth in Sub-section 1: General Rules for Vehicles, Sub-section 2: Additional Charges Schedule, and Sub-section 3: Membership and Driving Rates Schedule and Sub-section 4: Special Conditions.
• “Sub-sections”: All the sub-sections, rate plans and polices referenced in or incorporated into this Contract.

2.A – This Contract is a vehicle-sharing service contract offered by Kendall Cars Limited. This Contract does not in itself confer any right to access and/or use any Kendall Go vehicles. A Member may only use Kendall Go vehicles, to the extent that these vehicles are available, in accordance with the terms of this Contract and subject to paying all applicable fees and charges.

2.B – Once approved for membership, Members will have access to the Kendall Go app or other online platform to enable the Member to access Kendall Go vehicles subject to availability.

2.C – Members are prohibited from (a) giving, lending or selling access to their Kendall Go app to any other person including other Members, (b) allowing non-Members to drive any Kendall Go vehicle whilst it is on hire by the Member, (c) allowing other persons including other Members access to and/or use of their Kendall Go account, or (d) otherwise allowing any other person including other Members to benefit from the use of their Kendall Go account. Any unauthorised use of the Kendall Go app and/or Kendall Go vehicle must be immediately reported to Kendall Go by email or by phone. Failure to comply with this clause 2.C may result in termination of the Member’s membership with Kendall Go and this Contract, may void any applicable insurance coverage, and may subject a member to liability for any losses, liabilities and damages arising because of the unauthorised use of a Kendall Go app and/or Kendall Go Vehicle. Additionally, the Member will bear the applicable fees and costs of any Kendall Go vehicle use and for any damage that results from such use and/or breach of this clause 2.C.

2.D – To maintain and protect Kendall Go vehicles and to prevent and detect crime we may use electronic devices to monitor the condition and/or to track the movement of Kendall Go vehicles. This information may be used both during your membership and after expiry and/or termination of your membership to assist with enquiries made by relevant local authorities, police and or insurance or damage claim related matters. This is not an exhaustive list.

2.E – Kendall Go is the owner of any item it provides to the Member or puts at the Member’s disposal during the term of this Contract the Member’s use of and rights in relation to any Kendall Go vehicle or item provided by Kendall Go under this Contract are limited to those rights of use stated in this Contract.

2.F – Members are prohibited from using a Kendall Go vehicle for the transportation of third-party goods or passengers for payment including, but not limited to, providing courier or delivery services. In addition, Members are prohibited from transporting professional sports persons or professional entertainers in a Kendall Go vehicle. Use of a Kendall’s vehicle is for social domestic and pleasure purposes and for the business of the Member.

3.A – To be eligible for our service, all Members must:

• be at least 25 years.
• Not be more than 72 years old.
• have a driving record that meets the following requirements:
  • have held a full driving licence for a minimum of 12 months.
  • have no more than 6 penalty points on your driving licence.
• have no major motoring endorsements.
• have had no unspent criminal convictions; and
• have had no alcohol or drug related motoring offences in the past five years.

3.B – Drivers that hold international driving licence may be able to become a Kendall Go member if the meet the above criteria and the following also applies.

• A copy of your valid passport must be supplied on application.
• Proof of residential address in home country.
• You may be required to go into a Kendall Cars branch to provide additional information.

3.C – Satisfying the foregoing criteria does not automatically give an applicant the right to become a Kendall Go Member. Acceptance of the applicant’s membership is subject to approval by Kendall Go in its sole discretion and, without limiting the foregoing, membership may be denied based upon additional criteria established from time to time by Kendall Go and/or its insurance providers. In addition, even if approved for membership, a Member may be restricted from driving certain vehicles based upon the application.

3.D – We will obtain information from third parties in relation to your application to decide whether you are eligible for membership. We will be carrying out checks such as, but not limited to, identity and licence check. We may if additional checks are required pass your personal information to third party agencies for the purposes of carrying out identity and credit checks and they/we may keep a record of any search that they/we do. This check may leave an electronic note or “footprint” on your record. The information is not sold to third parties. For more information on what personal information we gather from you and how we process it, please read our Privacy Policy.

4.A – The Member promises to pay Kendall Go all applicable application and membership fees associated with the Member’s driving/membership plan. If the Member provides false information and/or fails to provide information reasonably required by Kendall Go when applying for Kendall Go membership, Kendall Go may in its sole discretion refuse to approve the Member’s application in which case the application fees will not be refunded.

4.B – When a member’s membership terminates a new application fee will be payable if a new membership application is resubmitted more than thirty (30) days after a member’s account with Kendall Go is closed. If you’re driving/membership plan includes an annual or monthly fee, your initial membership fee will be charged to you within five (5) days of membership approval and will only be refundable if you terminate your membership within the first thirty (30) days following membership approval. If you have used a Kendall Go vehicle in this period, the membership fee is non-refundable.

4.C – If at any time you wish to cancel your Kendall Go membership, please contact us by phone or by email as stated in 7.A.

4.D – The Member is required to pay all fees and costs incurred when due, including, without limitation, application fees, collision damage waiver (if applicable), membership fees (which are automatically charged when due), driving charges (including but not limited to mileage overage and surcharges, if applicable), parking charges incurred whilst parking any Kendall Go vehicle in an area that is not within the Designated Parking Zone or while parking any Kendall Go vehicle in an area where the parking permit provided by Kendall Go is not valid, value added taxes and other taxes and levies on any of the fees, costs and charges incurred by a Member. Please refer to Sub-section 2: Additional Charges for further details of these fees, costs, and charges.

4.E – Members are billed for amounts by credit card, or debit card or by other mean agreed by Kendall Go. Any Member account which is overdue will be suspended until payment is made and then reviewed for further usage. If payment of any amount due is rejected by the credit or debit card provided by the Member or not paid by other means agreed by Kendall Go, the membership, and the use of Kendall Go services, may be suspended. Members are responsible for providing and maintaining a current credit card, debit card via the Kendall Go app or another online platform. Ongoing issues with credit card, debit card or other payment methods may result in termination of membership. Under no circumstances will Kendall Go be responsible for any overdraft or other fees charged by a member’s credit or debit card company or bank. For overdue accounts, Kendall Go may also charge a late payment fee/or terminate the Member’s account. Please refer to Sub-section 2: Additional Charges for further details of these fees, costs, and charges. In addition, Kendall Go may engage third parties to collect amounts owed to Kendall Go by a Member and the Member will also be responsible for any collection or similar fees associated with these collection activities.

4.F – Kendall Go may use any information that a member has provided, including any personal information, for the purposes of processing and collecting payment under this Contract, monitoring fraud, and dealing with any issues before, during and after membership. For more details concerning the processing of your personal data, please read our Privacy Policy.

4.G – Members are responsible for providing and maintaining current email, mobile phone, preferred search address, mailing address and other account information. Telephone calls and email correspondence with Kendall Go may be recorded and/or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails with Kendall’s Go.

4.H – Members who do not have a UK driving licence must comply with the legal requirements for driving in the UK on a foreign licence. Kendall Go reserves the right to request additional information, such as a copy of a passport or proof of address at any time.

4.I – If the Member’s licence is suspended or revoked or becomes invalid, if the Member has any further endorsements or accidents on their driving record or if the Member is convicted of or is charged with driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, the Member agrees to report such suspension, revocation, changes, conviction or charge / allegation to Kendall Go immediately and the Member’s right to access and/or use Kendall Go vehicles under this Contract will immediately cease until further notice to the contrary by Kendall’s Go. Failure to immediately notify Kendall Go of any such events or providing Kendall Go with any false information may lead to the Member not being covered by Kendall Go’s insurance policy when driving a Kendall Go vehicle and/or termination of the Member’s membership with Kendall Go.

5.A – Damages Generally: A Member is responsible for any and all damage that occurs to a Kendall Go vehicle while in the Member’s possession or control (including the entire time the vehicle is reserved under the Member’s account), even if damage is weather-related, caused by a third party or arises from similar causes. The Member is also responsible for the full value of any damages or injuries caused to third parties or their property. Such damages include, without limitation, the repair costs (estimated or actual) for the Kendall Go vehicle and third-party property, injuries to third parties, costs associated with the recovery or transportation of Kendall Go vehicles, and the loss of use of Kendall Go vehicles or third-party property. However, as described in clause 6 below, Kendall Go provides insurance that, in general, covers most damages arising from a member’s use of Kendall Go vehicles and the Member’s liability for damages will generally be limited to the Insurance Excess Fee described in clause 5.B below. If, however, a member fails to abide by the terms and conditions of this Contract, the insurance coverage Kendall Go provides may not apply, which may make the Member responsible for the full cost of any accident or incident and any damage arising from such accident or incident.

5.B – Insurance Excess Fee: Assuming a Member’s compliance with all of the terms and conditions of this Contract, the Member’s responsibility for the damages described in clause 5.A shall be limited to the Insurance Excess (the “Insurance Excess Fee”) associated with the Member’s driving/membership plan and/or the type of Kendall Go vehicle used by the Member in the amount as set out in Sub-section 3: Membership and Driving Rates. Members will be responsible for up to the full amount of the Insurance Excess Fee for actual, estimated, or projected expenses, whether or not an actual claim is made or processed, unless the Member has purchased a Collison Damage Waiver (“CDW”).

S.b1 – Windscreen Damage Insurance. This provides cover for the damage to the front windscreen only from stone impact or other road debris and is subject to a standard £75.00 windscreen insurance excess. Other causes such as and not limited to malicious damage, weather conditions attempted theft are not covered by the windscreen insurance and are subject to the insurance excess applicable for either accident, incident or theft as indicated in this contract. All other glass is excluded from front windscreen insurance.

5.b2 – Theft Protection Insurance. This cover provides against the theft of the vehicle and or attempted theft of the vehicle to include damage to any of the vehicle’s doors in an attempt to gain entry to any aspect of the vehicle, to include parts or spare parts of the vehicle including but not limited to insignia, wheels, catalytic convertors and all or any parts or spare parts. You are responsible for the first £1000 of each and every loss or the sum of repair costs if they fall below the excess of £1000. CDW (Collision Damage & Loss Reduction Waiver) does not apply to vehicle theft with the exception of loss of use charges and does not reduce the theft excess of £1000.

There is no theft cover if the vehicle has not been securely locked, and you have not removed the key.

• If a theft of the vehicle occurs you must report the loss to the hire branch or breakdown number and then without delay contact the Police and report the theft to obtain a crime reference number.
• If a theft of the vehicle occurs you must return the key to the vehicle hire branch immediately. Without the key any theft will be considered negligent and is your full responsibility.
• Items and goods left in the vehicle are not covered by the insurance.

5.C – Collison Damage Waivers: For an additional charge, Kendall Go Members have the option to purchase a Collison Damage Waiver (“CDW”) to reduce their financial responsibility for damages arising from the Members use of Kendall Go vehicles. The purchase of a CDW is optional and may be declined. A CDW is not insurance and does not provide or alter insurance coverage.

If a member purchases a CDW, Kendall Go will waive that Member’s responsibility for a portion of the applicable Insurance Excess Fee. A CDW applies only to the specific Member purchasing the CDW. The purchase of a CDW is non-refundable.

The cost of the CDW will vary based upon, among other things, the term/type of CDW purchased (monthly or per reservation), Insurance excess reduction amount, membership location, driving experience and similar factors. For monthly waivers, the CDW is limited to the period stated at the time of purchase; after which, if you elect not to renew or repurchase or cancel a CDW, you will be once again responsible for the full Insurance Excess Fee. A per reservation CDW applies only to the specific reservation for which it is purchased and is not transferable in any manner.

The reduction of liability for the Insurance Excess Fee through the purchase of a CDW will not apply, and previously purchased CDW may be terminated by Kendall’s Go, if you (1) use the vehicle in violation of this Contract, including if you permit any other person to drive a Kendall Go vehicle, engage in any prohibited use of a Kendall Go vehicle or, purposely or through negligence (e.g. by putting the wrong type of fuel in a vehicle), damage a Kendall Go vehicle or third party property; (2) have had your membership suspended or terminated by Kendall Go and/or have three at fault incidents in a Kendall Go vehicle involving property damage or any third party within 12 months; (3) fail to close and lock all windows, doors, the bonnet and boot and the vehicle is stolen, damaged or vandalized; (4) fail to notify Kendall Go immediately after an accident or loss by calling our incident number on 0333 207 9654; or (5) fail to pay any other amount due under this Contract.

6.A – Any active Kendall Go Member in good standing will be provided with comprehensive motor insurance when driving a Kendall Go vehicle, subject to the Member fulfilling their obligations as set out in this Contract.

6.B – Kendall Go vehicles are insured in accordance with the road traffic act and European Directive 2009/103/CE concerning vehicles insurance and 2010/c 332/a concerning the minimum amounts of coverage for civil liability limits for any driving in the UK and European Union. Indemnity is granted under the Kendall Go insurance policy to the Member and is subject to all its terms, conditions, and exclusions.

6.C – Subject to the Insurance Excess Fee described in clause 5.B above, there is cover for loss or damage to the Kendall Go vehicle. However, there is no cover for any damage caused by unreasonable carelessness or negligence. In these instances, the Member will be fully liable for the cost of repair and/or replacement and any related costs.

6.D – The following items are not covered by the insurance: damage to a Kendall Go vehicle’s tyre, wheels, wing mirrors, overheight damage caused by height restricted areas, or fuel contamination. Members will be fully liable for the cost of any such repairs including replacement parts.

6.E – In addition, there is no cover for the theft of personal belongings from a Kendall Go vehicle, or any personal accident benefits.

6.F – For further information on the comprehensive motor insurance please contact us by email as set out in 7.A.

7.A – This Contract shall commence upon the acceptance by Kendall Go of the Member’s completed membership application and the payment by the Member of any applicable fees. The term of this Contract shall continue until such time as membership is cancelled in accordance with this clause 7. The Member has the right to cancel this Contract within fourteen (14) days without giving any reason. The cancellation period will expire after fourteen (14) days from the day of commencement of this Contract. To exercise the right to cancel, the member must inform Kendall Go of its decision to cancel this Contract by a clear statement by email to go@kendallcars.com.

7.B – If a member cancels this Contract and its membership within the cancellation period and before we provide any vehicle sharing services to the Member, we will reimburse all payments received from the Member, apart from the application fee.

7.C – After expiry of the cancellation period, a Member may terminate this Contract and its membership upon five (5) days’ prior notice by calling us. Please note that no monthly, annual, application or similar fee will be refunded in the event of termination by the Member after expiry of the cancellation period, except as specifically provided in this Contract.

7.D – In addition to the termination provisions detailed in clause 7.E below, Kendall Go may terminate this Contract at any time upon no less than thirty (30) days’ notice to the Member, in which event Kendall Go will, if applicable, refund a prorated portion of the Member’s annual membership fee for the year of termination. With respect to any termination or cancellation of this Contract, the Member shall remain responsible for any fees, costs or expenses incurred prior to termination of this Contract.

7.E – Kendall Go may also, upon notice to the Member, immediately terminate this Contract if the Member (a) fails to pay any sum due under this Contract, (b) fails to comply with any term or condition specified in the Contract or any Rules, (c) is involved in an incident with a Kendall Go vehicle that, in Kendall Go’s reasonable discretion, renders the Member ineligible or inappropriate for continued membership, (d) engages in any activities or conduct that Kendall’s Go, in it’s reasonable discretion, determines to be inappropriate, negligent, offensive, abusive or otherwise unacceptable; or (e) is not paying the Member’s debts as such debts generally become due, becomes bankrupt or insolvent.

7.F – Upon termination, all the Member’s rights to use Kendall Go services and vehicles shall immediately terminate. The Member agrees to return immediately to Kendall Go any vehicle or any other property of Kendall Go that the Member has in the Member’s possession. Additionally, the Member shall be responsible for and agrees to pay any legal fees, court costs or expenses associated with enforcing the terms of this Contract, whether upon termination or otherwise (including, without limitation, any costs relating to recovering any of the foregoing property or any amounts due and owing to Kendall’s Go).

8.A – Subject to clause 8.E below, Kendall Go shall not be responsible for any loss of, or damage to, any goods in or on the vehicle or in or on any third-party vehicle (unless any loss or damage is due to our negligence or failure to carry out our obligations under this Contract).

8.B – Subject to clause 8.E below, Kendall Go shall not be responsible for any personal injury or death in relation to you or any third-party arising from the use of a Kendall’s Go vehicle.

8.C – Subject to clause 8.E below, Kendall Go is not liable to a member under or in connection with this agreement whether for tort (including negligence), breach of contract, misrepresentation or otherwise, for:

1. Loss or damage incurred by the Member as a result of any claims made by a third party, unless such loss or damage incurred is due to our negligence or failure to carry out our obligations under this Contract;
2. Loss or damage incurred by the Member arising from or in relation to either (i) the reservation, supply, operation or use of a Kendall Go vehicle or (ii) any vehicle accessories whether supplied by Kendall Go or by a Member (luggage racks, bicycle racks, baby seats and the like – the Member is responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless such loss or damage incurred is due to our negligence or failure to carry out our obligations under this Contract; or
3. Loss of profit, revenue, goodwill, business opportunity or anticipated saving suffered by the Member, even if foreseeable or if Kendall Go has been advised of the possibility of such losses.

8.D – Subject to clause 8.E below, in no event shall Kendall Go’s total aggregate liability under or in connection with this Agreement, whether for tort (including negligence), breach of contract, misrepresentation or otherwise:

1. for third party property damage, exceed the amount of five million pounds sterling (£5,000,000); and
2. for all other loss or damage, exceed an amount equal to the aggregate membership and vehicle usage fees paid and payable by the Member during the twelve (12) month period prior to the first date on which an event giving rise to the liability occurred.

8.E – Nothing in this Agreement shall limit or exclude Kendall’s Go’ liability for personal injury or death arising out of its negligence or the negligence of its employees, agents, or subcontractors, for fraud or fraudulent misrepresentation, or for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.

8.F – Any liability of Kendall Go which falls within clause 8.E will not be taken into account in assessing whether the financial limits in clause 8.D have been reached.

9.A – By applying for membership and becoming a Kendall Go Member, the Member represents and warrants to Kendall Go that the Member has received all explanations as the Member may have reasonably requested concerning the content of this Contract, including all Sub-sections, and that the Member has carefully reviewed and understands the Member’s commitments and obligations hereunder. The Member also represents that the Member has reviewed and understands the Kendall Go Privacy Policy and acknowledges that any information shared by, or collected from or about, the Member may be used by Kendall Go in accordance with the terms of the Privacy Policy as it may be amended from time to time.

9.B – The rights granted to the Member under this Contract are not assignable or transferable, in whole or in part. Any attempt to transfer this Contract without the written consent of Kendall Go shall be void and of no force and effect.

9.C – No delay or omission by Kendall Go to exercise any right or power occurring upon any non-compliance or default by the Member with respect to any of the terms of this Contract shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Kendall Go of any covenant, condition, or agreement to be performed by the Member shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Contract shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

9.D – If any term, provision, covenant, or condition of this Contract is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Contract had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.

9.E – A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

9.F – This Contract is governed by the laws of England and Wales. All disputes hereunder shall be resolved solely in the English courts. The parties hereby consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defences otherwise available.

9.G – Any notices or communication required or permitted to be given to the Member shall be in writing and shall be sufficiently given if delivered by email or mailed to the Member at the email or postage address provided to Kendall Go in the Member’s completed application or as updated by the Member and on file with Kendall Go. Any notices or communication required or permitted to be given to Kendall Go shall be in writing and shall be sufficiently given if delivered via email or sent by registered post as follows:

Kendall Go
Kendall Cars Limited
Upper Office
4 Doman Road
Camberley
Surrey
GU15 3DF

Email Address: go@kendallcars.com

Telephone: 0203 096 0636

Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted.