Updates to terms of use - December 2020

We have updated the Car Next Door Member Agreement, Owner Agreement and Damage Policy.

The following is a summary of the key changes. It is provided for your convenience only, and may not describe every change that has been made. Please read the new version of the documents on our Terms of Use page.

By continuing to use the service, you acknowledge and agree to the terms of the current Member Agreement and Policies (and Owner Agreement, if you have listed a car through the service).

If you do not agree to the new terms and wish to cancel your membership, or if you have any questions about these changes and how they affect you, let us know by email to members@carnextdoor.com.au.

 

Changes to the Member Agreement 

Clause

Summary of change

2.1 

States that we may check the validity of ID documents submitted in a membership application with the document issuer or official record holder

6.1

States that access may be given to unlock a car using a phone rather than a lockbox PIN, in which case the Borrower must keep their phone secure during the booking along with the car keys.

9.3

Notes that the Borrower’s responsibility to the Owner if they damage the Owner’s vehicle includes the loss and damage, any assessment, towing, storage and recovery charges and a loss of use payment to the owner for each day that their car is unavailable, calculated on the basis set out in the Damage Policy, and that Car Next Door collects the damage payment on the Owner’s behalf.

9.4

Clarifies that if you upgrade to Heavyweight membership part way through a trip, the new plan won’t apply for that trip. 

12.2

States that you must not ask for or receive payment from an at-fault third party, as our Insurer has an exclusive right to recover money from them.

13.6(b)

Clarifies that assistance animals are permitted to travel in Car Next Door vehicles.

14.2

Notes that damage can be reported online through the Help Centre (this clause previously said that they had to be reported via email)

14.12

Clarifies that if a battery requires replacement during a Borrower’s trip, the Owner is responsible for the cost of the new battery.

15.2

Imposes a 3-month time limit for submitting fuel receipts for reimbursement. 

20.4

States that if the Borrower in a Key Handover trip does not upload valid photos of the odometer, distance will be charged based on the Owner’s photos or our reasonable estimate.

Definitions

“Loss and Damage” includes any fees relating to damage assessment or quantification of the loss.

Throughout

Minor changes for consistency and clarity.

 

Changes to the Owner Agreement

4.1

Notes that while the upper limit for market value is $50,000, we may decline to list cars with a lower market value, or require additional security measures, for risk management.

8

Notes that if you remove any stickers that we apply to your car without following our instructions, we won’t be responsible for any damage to the paintwork that may occur. Our installers can assist with removal of the stickers if sufficient notice is given (at least 10 days). 

9.1(l)

States that if you have a camera or surveillance device in your car, it must be operated in accordance with laws and disclosed to any Borrowers.

9.5

Provides that if you move out of our ‘Instant Keys’ operating area, we may require you to switch to the Key Handover sharing plan if you wish to continue sharing your car.

11.3

Notes that as our insurance cover extends to the ‘reasonable cost’ of repairing damage, repairs may use of second-hand or non-OEM parts

11.7

States that if your car experiences deterioration because you don’t fix existing damage, that won’t be covered by our insurance. For example, if there is a small crack in a part, you don’t have it repaired and it becomes a large crack, it won’t be covered.

11.4, 11.5, 12.5, 12.7

Gives effect to current procedures for organising repairs - instead of Car Next Door arranging the repairs directly, in most cases we now collect the payment from the Borrower (including fixed compensation for your loss of use of the vehicle while it is being repaired) and pass it through to you to arrange the repairs. This is a quicker and more efficient process for Owners.

20.1(b) 

States that if you stop sharing your car, your insurance cover ends on the date we notify you or the end of the month for which you have paid membership fees, whichever is earliest. This is only relevant to Owners on the Legacy or Instant Keys Plus+ sharing plans.

Throughout

Minor changes for consistency and clarity.

 

Changes to the Damage Policy

Page

Summary of change

States that if Borrowers fail to report damage to a car they’ve borrowed or to third party property correctly and in a timely manner, they may be responsible for any additional costs that are incurred as a result.

5

Explains how pre-existing damage is excluded from repair quotes. Borrowers who are responsible for damage are not required to pay any extra to repair damage that was already on the car. Further, if Owners take cash settlements for Borrower’s damage and do not get the damage repaired, any future repair claims may be reduced so that the total amount claimed does not exceed the cost of repairing the cumulative damage. Detailed examples are set out in the damage policy. 

States that if an Owner does not respond to our request for photos or information in relation to a repair claim within two weeks, we may stop handling the case and the Owner will then need to contact the Borrower directly to arrange payment for the repairs. 

Notes that instead of Car Next Door arranging the repairs directly, we may collect the payment from the Borrower (including fixed compensation for the Owner’s loss of use of the vehicle while it is being repaired) and pass it through to the Owner as a cash settlement so that they can arrange the repairs or not, at their convenience. This is a quicker and more efficient process for Owners.

9

Notes that a Borrower’s liability if they are responsible for loss and damage extends to the costs of damage assessment, towing or transport, damage handling and the Owner’s loss of use of the vehicle (up to their Damage Cover Liability).

Throughout

Minor changes for consistency and clarity.

 

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