Summary of changes to Car Next Door Member Agreements and Damage Policy – January 2019
If you do not agree to the new terms and wish to cancel your membership, or if you have any questions about these changes, let us know by email to email@example.com.
If you are a car owner and would like to discuss the changes with our Owner Experience team or get more information about how they affect you, please book a time for us to call you.
Clause reference and summary of change
1: Changes to the Member Agreement
|Clause||Summary of change|
|3.1||Remove reference to 75 year old age limit for members. The maximum age for members is now 85.|
|4.4||Clarifies how members can cancel their membership if they don’t agree to changes to the terms and conditions.|
|9.2||Add cross-reference to the requirement for Borrowers to take and upload photos before and after trip, and for Owners to inspect their vehicles, in accordance with the Damage Policy, and|
|9.3||Note that a Damage Cover Liability payment applies to each single event (being an event that occurs at the same address and time).|
|9.5||States that a member must pay their Damage Cover Liability in the case of a third-party-at-fault incident unless we can recover the full amount from the third party or their insurer.|
|10.5||Members who commit fraud or fail to provide relevant information to a claim will not be covered.|
|10.5||Members who return the car more than 2 hours late without extending their trip will not be covered.|
|10.5||Members who use a car above the snow line during the gazetted snow season or in any other area under conditions where a reasonable person would use snow chains will not be covered.|
|10.5||Members who flee (or whose additional driver flees) the scene of an accident will not be covered.|
|10.5 (k) & 14.12||Borrowers require permission from the Owner and Car Next Door if travelling outside a 500 km radius of the car’s homezone (previously ‘interstate’). If members go outside this radius without permission, they have no insurannce and they are responsible for towing in the event of a breakdown.|
|12||If Damage and Loss is covered under the agreement, we or our insurer may take legal action in the Member’s name and the member must provide information and assistance.|
|13.1 and 16.1(j)||Borrowers must take interior photographs of the vehicle, as well as exterior photos, before and after trips.|
|13.2||Wording change to make it clearer that borrowers must take photos at the end of their booking.|
|13.5(d) and 10.5(o)||Permit Owners to drive for rideshare in their own car, but exclude cover under our insurance for this activity. (Borrowers may not drive rideshare at any time.)|
|14.7||Where there is an existing maintenance or mechanical issue that may have been exacerbated by a member’s driving, we may assist with investigation of the issue and a qualified third party may determine fault, in accordance with the Damage Policy.|
|14.8, 14.11||Remove reference to specific providers of roadside assistance to allow for changes in the provider; and remove reference to free provision of roadside assist to allow for recovery of roadside assistance service costs from members who are responsible for the roadside assistance being required.|
|14.12||Remove reference to a Borrower paying for replacement of flat battery: this is because the battery will be recharged where possible, and if it is too old to be recharged then Owner will pay for the replacement.|
|15.1 (c)||Remove requirement to fill with cheapest fue - instead borrowers are required to fill with the fuel type instructed by the Owner.|
|15.1(d)||Remove statement that the fuel refund will be credited to account in next monthly invoice (it is paid sooner than that now).|
|16.1(h)||Change requirement to reattach Lockbox to car, as many Lockboxes are attached to property instead.|
|16.2||Shorten the period after which late returns are considered theft to 6 hours.|
|18.2||Updates to reflect changes to the fines process. Car Next Door will give the Owner the Borrower’s details for nomination rather than charging the Borrower the fine amount.|
|22.1||State that we 'may' (not 'will) take a pre-auth (because it no longer applies for every booking). State that the pre-authorisation duration is as set by the card provider (was ‘10 days' - some banks hold it for longer than that).|
|22.2||Allow for pre-payment of all trips (not just trips longer than 6 days)|
|27||Members who commit illegal acts, harrasment or abuse or pose a threat to the community may have their membership cancelled immediately.|
|Schedule 1||Remove references to Veda to reflect new credit information service provider, and update D&B to Illion to reflect their corporate name change.|
|Throughout||Remove references to the written damage log - this is now managed by photographic records|
|Throughout||Changes to facilitate the new Key Handover service, where Owners and Borrowers will meet to exchange vehicle keys and fuel and tolls will be charged on the basis of information uploaded by the Owner and Borrower.|
|Throughout||Minor changes for consistency and clarity|
2: Changes to the Owner Agreement
|Clause||Summary of change|
|2||Add definitions of ‘Listed’ and ‘Delisted’ cars|
|4.1||Expands eligibility to include vehicles manufactured on or after 2001 and with up to 300,000km|
|9.1(e)||Remove requirement to keep registration papers in the car.|
|9.5||Add broader ability to restrict or revoke cover and remove cars from service for low availability or excessively high rates. This is to ensure that the cars listed on the platform are able to be shared in the spirit of our car-sharing community. Car Next Door’s aim is to help owners to get their cars active. This clause is to help us reduce the cost to our community of car owners who try to get cheap insurance without sharing their car. Any decision to restrict or revoke insurance cover will be taken in consultation with the car owner whenever possible.|
|10.2||Update to reflect the rule that any Car Next Door Member may drive a car during a booking (not just the member who made the booking in their name), as permitted under the Member Agreement.|
|10.3||Add qualification for Additional Drivers - the Owner must not take any payment from an Additional Driver for use of their car.|
|15||Add requirement for the Owner to check the Borrower’s trip photos via the app or website at least once per week (*Note however that this function is not yet available in the website and app - so this obligation won't be in force until the function is released, at which time we'll notify all Owners*). Extend the period during which Owners may report damage for Car Next Door investigation to 42 days (6 weeks). Note that Car Next Door will only assist with the investigation as to liability for damage reported within 42 days of its occurrence.|
|16.2||Add a requirement for Owners to nominate a home address where the car can be left indefinitely without incurring a parking fine and note that if a Borrower leaves a car at its specified home address then the Owner will be responsible for any parking fines that are incurred after the Borrower’s trip ends.|
|Schedule 1||For additional drivers who are 25 years or older with an unrestricted licence, the DCL is reduced from $1000 to $500.|
|Throughout||Remove references to the Member Handbook - this has been replaced by the online Help Centre.|
|Throughout||Definitions and updates to allow for the new Key Handover service, where cars are only covered by Car Next Door’s fleet policy during Borrower bookings|
3: Changes to the Damage Policy
- Delete references to the written Damage Log (this has been replaced by the photographic damage records)
- Add a requirement for Borrowers to take internal photos of the car and to upload them via the app or website within 48 hours of the trip ending (rather than storing them and submitting them on request).
- Add in rules for when possession of the Vehicle is transferred between Owner and Borrower for the new Key Handover system
- Added electrical issues to the mechanical damage section
- Clarify wording and add examples to explain how Borrowers are liable for any damage unless they have uploaded photos to show that the damage was either already there when they picked the car up, or not there when they left it. Note that Car Next Door will review trip photos from borrowers in reverse chronological order up to 42 days to establish when damage occurred, and if the damage occurred more than 42 days ago then the Owner may communicate with any responsible Borrower directly about it.
- Describes a process for expert review and attribution of liability where a mechanical part fails and then the borrower drives and causes further damage. Where a qualified expert undertakes an independent investigation, the expert's decision will be final.
- Clarify that if keys are lost or not returned, the Borrower will pay for keys and recoding so that the missing key will not work in the ignition, but not for the cost of replacing lock barrels.
- Clarify that the choice of repairer and approval of repairs will be made by Car Next Door and the Owner and does not involve the Borrower who is liable for damage.
- Note that if repairs are delayed or costs increased due to the Owner’s fault, the Owner may be responsible for those extra costs.
- Clarify that the payment to the Owner when the car is unusable due to Borrower fault does not apply for mechanical issues.