Common use of Damage to, or loss of the Vehicle Clause in Contracts

Damage to, or loss of the Vehicle. (a) If the Vehicle, or third party property, is damaged during the Booking whether or not the accident or damage is the result of your use of the Vehicle or caused by you, you have an unconditional obligation to: (i) immediately, or where this is not possible, as soon as reasonably practicable, call us to report the damage or liability incurred; (ii) immediately report any malicious damage, fraudulent conduct or loss of property and also any injury to any person caused by a Vehicle in your possession to the police (and in these circumstances you must then provide us with the police reference number); (iii) follow directions reasonably given by us; (iv) not engage in, or attempt to repair the Vehicle or any third party property; (v) not promise or offer to settle or partly settle the matter or defend the matter, or assign your rights to a third party in the event of any accident; (vi) where reasonably possible, obtain the contact details of the person who caused the accident, including their name, telephone number, current residential address, driver’s licence details, vehicle registration and their insurance details and, where reasonably possible, obtain the contact details of any witnesses to the accident. When requesting this information you must tell that person that you will be providing this information about them to us and that their information will be handled in accordance with the KINTO Privacy Collection Notice in clause 12.2 and our Privacy Policy which they can obtain from xxx.xxxxx.xxx.xx. If you provide us with personal information of another person, you warrant that you have the person’s consent to do so; (vii) where reasonably possible, take photographs of the damage and the scene and provide us with copies of those photographs; (viii) not admit liability; and (ix) take all reasonable precautions to prevent or minimise further loss, damage or theft and take all reasonable action to recover lost or stolen property and minimise the claim. (b) In the event the Vehicle is lost, stolen or damaged maliciously while in your possession, you must: (i) immediately report it to the police and provide us with the police reference number; and (ii) immediately, or where this is not possible, as soon as reasonably practicable, call us to report the Vehicle missing or damaged. (c) You agree that you may be charged for the replacement cost of a Vehicle per clause 4.3(e)(iv) if the Vehicle is lost or stolen due to you breaching clause 8.2(f) or otherwise due to your negligent action or inaction which results in us not being able to successfully make a claim against our insurance policy. (d) You agree that you will complete any forms and provide any information that we reasonably require in the event of an accident or any damage or theft of the Vehicle. (e) You agree to fully co-operate with KINTO and any third party, as required by us, in relation to any investigation or legal proceedings associated with an accident, theft or damage sustained in connection with your Booking. (f) You agree that if you fail to comply with any of your obligations under this clause, you may be liable for a proportion of the fees, charges and other costs associated with the accident, theft or damage to the extent that your failure contributed to these fees, charges and other costs. (g) You agree that you will be liable for any cleaning, damage, repair, towing, storage and other ancillary costs, fees and charges that may arise while the Vehicle is in your possession or caused as a result of you breaching clause 7.1(a), and that such costs, fees and charges are in addition to the amount of any Insurance Excess or Reduced Insurance Excess you are required to reimburse to us. (h) If you refuel the Vehicle with the incorrect fuel type, you will be liable for any costs, fees and charges associated with the repair, servicing, storage, towing and retrieval of the Vehicle.

Appears in 2 contracts

Samples: Kinto Member Agreement, Kinto Member Agreement

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Damage to, or loss of the Vehicle. (a) If the Vehicle, or third party property, is damaged during the Booking whether or not the accident or damage is the result of your use of the Vehicle or caused by you, you have an unconditional obligation to: (i) immediately, or where this is not possible, as soon as reasonably practicable, call us to report the damage or liability incurred; (ii) immediately report any malicious damage, fraudulent conduct or loss of property and also any injury to any person caused by a Vehicle in your possession to the police (and in these circumstances you must then provide us with the police reference number); (iii) follow directions reasonably given by us; (iv) not engage in, or attempt to repair the Vehicle or any third party property; (v) not promise or offer to settle or partly settle the matter or defend the matter, or assign your rights to a third party in the event of any accident; (vi) where reasonably possible, obtain the contact details of the person who caused the accident, including their name, telephone number, current residential address, driver’s licence details, vehicle registration and their insurance details and, where reasonably possible, obtain the contact details of any witnesses to the accident. When requesting this information you must tell that person that you will be providing this information about them to us and that their information will be handled in accordance with the KINTO Privacy Collection Notice in clause 12.2 and our Privacy Policy which they can obtain from xxx.xxxxx.xxx.xx. If you provide us with personal information of another person, you warrant that you have the person’s consent to do so; (vii) where reasonably possible, take photographs of the damage and the scene and provide us with copies of those photographs; (viii) not admit liability; and (ix) take all reasonable precautions to prevent or minimise further loss, damage or theft and take all reasonable action to recover lost or stolen property and minimise the claim. (b) In the event the Vehicle is lost, stolen or damaged maliciously while in your possession, you must: (i) immediately report it to the police and provide us with the police reference number; and (ii) immediately, or where this is not possible, as soon as reasonably practicable, call us to report the Vehicle missing or damaged. (c) You agree that you may be charged for the replacement cost of a Vehicle per clause 4.3(e)(iv) if the Vehicle is lost or stolen due to you breaching clause 8.2(f) or otherwise due to your negligent action or inaction which results in us not being able to successfully make a claim against our insurance policy. (d) You agree that you will complete any forms and provide any information that we reasonably require in the event of an accident or any damage or theft of the Vehicle. (e) You agree to fully co-operate with KINTO and any third party, as required by us, in relation to any investigation or legal proceedings associated with an accident, theft or damage sustained in connection with your Booking. (f) You agree that if you fail to comply with any of your obligations under this clause, you may be liable for a proportion of the fees, charges and other costs associated with the accident, theft or damage to the extent that your failure contributed to these fees, charges and other costs. (g) You agree that you will be liable for any cleaning, damage, repair, towing, storage and other ancillary costs, fees and charges that may arise while the Vehicle is in your possession or caused as a result of you breaching clause 7.1(a)7.1, and that such costs, fees and charges are in addition to the amount of any Insurance Excess or Reduced Insurance Excess you are required to reimburse to us. (h) If you refuel the Vehicle with the incorrect fuel type, you will be liable for any costs, fees and charges associated with the repair, servicing, storage, towing and retrieval of the Vehicle.

Appears in 1 contract

Samples: Kinto Member Agreement

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Damage to, or loss of the Vehicle. (a) If In the Vehicleevent of an accident or an incident that causes any damage to the Vehicle while in your possession, or third party property, is damaged during the Booking whether or not the accident or damage is the result of your use of the Vehicle or caused by you, you have an unconditional obligation tomust: (i) immediately, or where this is not possible, as soon as reasonably practicable, call us to report the damage or liability incurred; (ii) immediately report any malicious damage, fraudulent conduct or loss of property and also any injury to any person caused by a Vehicle in your possession to the police (and in police. In these circumstances you must then provide us with the police reference number); (iii) follow directions reasonably given by us; (iv) not engage in, or attempt to repair the Vehicle or any third party property; (v) not promise or offer to settle or partly settle the matter or defend the matter, or assign your rights to a third party in the event of any accident; (vi) where reasonably possible, obtain the contact details of the person who caused the accident, including their name, telephone number, current residential address, driver’s licence details, vehicle registration and their insurance details and, and where reasonably possible, possible obtain the contact details of any witnesses to the accident. When requesting this information you must tell that person that you will be providing this information about them to us and that their information will be handled in accordance with the KINTO Privacy Collection Notice in clause 12.2 and our Privacy Policy privacy policy which they can obtain from xxx.xxxxx.xxx.xx. If you provide us with personal information of or another person, you warrant that you have the person’s consent to do so; (vii) where reasonably possible, take photographs of the damage and the scene and provide us with copies of those photographs; (viii) not admit liability; and (ix) take all reasonable precautions to prevent or minimise further loss, damage or theft and take all reasonable action to recover lost or stolen property and minimise the claim. (b) In the event the Vehicle is lost, stolen or damaged maliciously while in your possession, you must: (i) immediately report it to the police and provide us with the police reference number; and (ii) immediately, or where this is not possible, as soon as reasonably practicable, call us to report the Vehicle missing or damaged. (c) You agree that you may be charged for the replacement cost of a Vehicle per clause 4.3(e)(iv) if the Vehicle is lost or stolen due to you breaching clause 8.2(f) of this Agreement or otherwise due to your negligent action or inaction which results in us not being able to successfully make a claim against our insurance policy. (d) You agree that you will complete any forms and provide any information that we reasonably require in the event of an accident or any damage or theft of the Vehicle. (e) You agree to fully co-operate with KINTO and any third party, as required by us, in relation to any investigation or legal proceedings associated with an accident, theft or damage sustained in connection with your Booking. (f) You agree that if you fail to comply with any of your obligations under this clauseclause 7.2, you may be liable for a proportion of the fees, charges and other costs associated with the accident, theft or damage to the extent that your failure contributed to these fees, charges and other costs. (g) You agree that you will be liable for any cleaning, damage, repair, towing, storage and other ancillary costs, fees and charges that may arise while the Vehicle is in your possession or caused as a result of you breaching clause 7.1(a)7.1, and that such costs, fees and charges are in addition to the amount of any Insurance Excess or Reduced Insurance Excess you are required to reimburse to us. (h) If you refuel the Vehicle with the incorrect fuel type, you will be liable for any costs, fees and charges associated with the repair, servicing, storage, towing and retrieval of the Vehicle.

Appears in 1 contract

Samples: Kinto Member Agreement

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