1. Definitions

1.1 “the Club” shall mean Driving Spirit Ltd
1.2 “the Member” shall mean a person, company or syndicate that has been accepted as a member of the Club after receipt of the appropriate fee
1.3 “the Members” shall mean the collective membership of the club
1.4 “the Club Cars” shall mean the fleet of cars owned and operated by the club for the purpose of being hired out to members
1.5 “the Car” shall mean an individual Club Car
1.6 “On Hire” shall mean when pick-up/delivery time commences to when drop-off/collection time is completed

2. Club Obligations

2.1 The Club:
2.1.1 will build up a fleet of classic and performance cars to a members to car ratio that will allow members a reasonable opportunity to use their points allocation as desired.
2.1.2 will allocate the Member upon subscription the appropriate number of points as defined in the points schedule.
2.1.3 will ensure the Club Cars are maintained in a roadworthy condition, possess current MoT certificates, road tax and are compliant with any future legislation that may come into force.
2.1.4 will ensure Club Cars are covered by fully comprehensive insurance that enables members to drive in the United Kingdom and mainland Europe.
2.1.5 will ensure members whilst in possession of Club Cars are covered by full get you home breakdown cover.
2.1.6 will securely store Club Cars at the Club premises.
2.1.7 will insure members cars whilst stored on Club premises excluding contents of members cars.
2.1.8 will manage a points usage and booking system that will provide details on member points used and availability of Club Cars.
2.1.9 accepts no responsibility for members property whilst being carried or left in a Club Car.
2.1.10 accepts no responsibility for delays and consequential loss from any other circumstance in supplying Club Cars.
2.1.11 makes no warranty or representation as to the availability of Club Cars for member usage or to the condition of the Club Cars apart from as stated.

3. Member Obligations

3.1 Members will:
3.1.1 pay a one off joining fee to the Club when an application has been accepted by the Club, a member does not have access to Club Cars until funds are cleared.
3.1.2 pay the annual subscription fee to the Club when an application has been accepted by the club, a member does not have access to Club Cars until funds are cleared.
3.1.3 will notify the Club in writing within 10 days of any change of address or contact details.
3.1.4 will notify the Club in writing within 7 days of any road traffic accident, insurance claim, road traffic offence prosecution or change to their driving licence status.
3.1.5 will pay the insurance excess for any accident or damage caused to or by a Club Car whilst in use by a member.

Group 4 - £5,000
Group 3 - £2,500
Group 2 - £2,500
Group 1 - £2,500

The insurance excess only becomes payable in the event of an accident or damage to a Club Car. If the accident or damage is less than the insurance excess then a member will only be liable for the lesser amount.

3.1.6 will pay all fines, parking and clamp charges, road tariffs (i.e. congestion charging scheme) whilst a Club Car is in a members care.
3.1.7 will take all reasonable care of a Club Car whilst in a members care, including, but not limited to:
a) maintain correct level of fluids as required, oil, coolant, screen wash, brake and clutch fluid.
b) ensure correct tyre pressures are maintained.
c) ensure Club Cars and contents are secure when left unattended to prevent theft or damage to Club Cars and contents.
3.1.8 will notify the Club as early as practically possible of any loss, damage or fault occurring to a Club Car.
3.1.9 in the event of an accident ascertain names and details of people involved and complete a Club accident report form.
3.1.10 will pay the cost of repair to or replacement of damage or loss suffered to a Club Car as a result of wilful action by the Member.
3.1.11will endeavour to collect and return Club Cars at the agreed times.
3.1.12 will not or allow smoking in Club Cars.
3.1.13 will not allow any person to drive a Club Car whilst in a members possession who is not entitled to do so.
3.1.14 will not pose as a servant or agent of the Club.

4. Limitations on usage of Club Cars

4.1 The member shall not use Club Cars:
4.1.1 to propel or tow any other vehicle.
4.1.2 in a manner that would render the insurance policy covering a Club Car to be void or in contravention of any legislation.
4.1.3 in the event of mechanical, electrical or structural failure or damage, where further damage might be caused.
4.1.4 outside the UK mainland without prior permission of the Club.
4.1.5 by any person who is under the influence of alcohol or drugs including any medication that may impair driving ability.
4.1.6 for any use other than social domestic and pleasure purposes and for commuting to and from a usual place of work.
4.1.7 for participation in any race, rally, track day, trial, treasure hunt or any other type of competition whether on or off road.
4.1.8 for driving off road, Club Cars may only be used on appropriate tarmac roads.
4.1.9 for the carriage of passengers for hire or reward or for driving tuition.

4.2 Mileage:
4.2.1 There are no specific mileage restrictions. However, members are expected to be reasonable in their useage of Club Cars averaging 100 to 150 miles per day over their membership period. If greater mileage is expected over a period of useage then agreement should be sought with the Club.
4.2.2 A mileage restriction of 150 miles per day applies to the Late Summer Offer. After 150 miles the following charges will apply. Group 4 cars £1.50 per mile, Group 3 cars £1.25 per mile, Group 2 cars £1 per mile, Group 1 cars £0.75 per mile.

5. General Conditions:

5.1.1 Members will be between the ages of 30 and 70 (under 30 requires approval by the Club’s insurers).
5.1.2 Members have held a UK driving licence in excess of 5 years and have no more than 6 penalty points.
5.1.3 Members have not been disqualified from driving for the past 10 years.
5.1.4 Members are free from accidents over the last 5 years
5.1.5 Members are free from any physical or mental defect or disability unless cleared to drive by the DVLA.
5.1.6 It may be possible to vary the above conditions by application to the Club’s insurers.
5.1.7 Club membership commences on receipt of funds and ceases after 1 calendar year or when all points have been expended.
5.1.8 Up to 50 percent of unused points may be transferred to a following years annual membership.
5.1.9 The Club has the right to reject any membership application without reason.
5.1.10 Other than corporate or syndicates the membership relates to 2 drivers, no more than one Club Car can be used at any one time without prior agreement with the Club.
5.1.11 Members can only reserve 1 Club Car up to 1 calendar month in advance unless using Advance Drives when it can be up to 6 months in advance (longer than this requires agreement with the Club.
5.1.12 Club Cars may be used for up to 7 consecutive days (longer than this requires agreement with the Club.
5.1.13 The Club reserves the right to temporarily or permanently remove a Club Car without warning.
5.1.14 The Club reserves the right to amend these Terms and Conditions at any time, Members will be notified of any changes at the time of embodiment.
5.1.15 Members are not entitled to assign their rights and obligations under this membership agreement.
5.1.16 The Club may assign or transfer its rights and/or obligations under this membership agreement.
5.1.17 Each party acknowledges that this membership agreement contains the whole agreement between the parties and that it has not relied upon any oral or written representation made to it by the other or its employees and agents.
5.1.18 This Membership agreement shall at all times be subject to the Law of England and Wales.

6. Termination

6.1.1 Membership may be terminated during or at the end of any annual period by giving 30 days notice. There is no redemption for any unused points.
6.1.2 The Club may terminate this agreement with immediate effect if the Member breaches this agreement or for any other reason by giving the Member 30 days written notice. If the Club terminates this agreement for reason other than breach of this agreement, the Club will return to the Member a pro rata amount of the annual paid subscription.
6.1.3 Save as for provided for above, the joining fee and the annual subscription fee are non refundable.