Terms and conditions – YUKÕ with Toyota
1.1. These Terms and Conditions (“Terms”) apply to rental of passenger cars and vans through YUKÕ with Toyota, which is owned and operated by Toyota Motor Europe NV/SA and/or Toyota Danmark A/S (collectively referred to as “YUKÕ with Toyota”, “we”, “us” and “our”, depending on the context).
1.2. YUKÕ with Toyota can be contacted as follows: YUKÕ with Toyota, Toyota Danmark A/S, Dynamovej 10, 2860 Søborg, Denmark, email: firstname.lastname@example.org, telephone no. +45 80 20 30 40
1.3. Rental through YUKÕ with Toyota is available to individuals and company employees (both for commercial and private use) when the user has created a user account with YUKÕ with Toyota as described in clause 2. In certain cases, associations and organisations can also create an account with YUKÕ with Toyota and subsequently give access to their members to rent vehicles through YUKÕ with Toyota on similar terms
1.4. These terms apply to the YUKÕ with Toyota service.
1.5. YUKÕ with Toyota’s online booking system can be found at book.yuko.dk or YUKÕ with Toyota’s application for iPhone and Android (“the App”) in accordance with clause 5 of these Terms. Both forms of on-line booking are referred to below as “YUKÕ with Toyota’s online booking system”.
2. SUPPLY OF THE SERVICES
2.1.1. YUKÕ with Toyota is offered on rental for private use to users who are created as users in YUKÕ with Toyota’s online booking system and who always meet the conditions of these Terms.
2.1.2. If the vehicle is rented for private use, payment will be charged to the private user directly.
2.1.3. In addition, a private user can apply for membership; for information about this, please go to www.yuko.dk.
2.2.1. YUKÕ with Toyota is offered to companies that have created a YUKÕ with Toyota account, providing for company employees the ability to rent vehicles for commercial use.
2.2.2. YUKÕ with Toyota makes a number of cars and vans available to the company, which the company’s employees may rent for commercial use. The vehicle is rented for commercial use when this is stated in YUKÕ with Toyota’s online booking system in connection with the rental.
2.2.3. If the vehicle is rented for commercial use, payment will be charged to the company.
2.2.4. The company or we create the company as a user in YUKÕ with Toyota’s online booking system. The company account is created by entering the Company reg. (CVR) no., address, telephone number, e-mail address and either debit card or invoicing details into the system. The company may not transfer its login to others or allow others to use the company’s login.
2.2.5. When a company has created its account it will receive a company code which must be used whenever the company’s employees rent a vehicle via the company’s YUKÕ with Toyota account (please refer to clause 3.1 of these Terms). The company is liable for all rental agreements entered into through use of the company’s company code when the company imparts this code to an employee.
2.2.6. In order for a company’s employees to rent a vehicle with YUKÕ with Toyota, both the company and the individual employee must be created as users in YUKÕ with Toyota’s online booking system. The employee must at all times fulfil the requirements in clauses 3 and 7 of these Terms.
2.2.7. In connection with the creation of a rental agreement, the employee must declare whether the vehicle is being rented for commercial or private use. It is the company’s own responsibility to ensure that the employee abides by the company’s internal regulations for renting vehicles via YUKÕ with Toyota.
2.2.8. Clauses 2.2.1 to 2.2.6 also apply to certain associations and organisations that have created a YUKÕ with Toyota account. In these circumstances an association or organisation may allow its members to rent the vehicle by using the association’s / organisation’s YUKÕ with Toyota account in the same way as companies share access with their employees.
3. CREATING A USER
3.1. In order to be created as a YUKÕ with Toyota user, a person must register in the YUKÕ with Toyota online booking system and create a YUKÕ with Toyota user account.
3.2. When registering, the user must provide his/her name, driver’s licence number, private address, telephone number, personal e-mail address and payment details. If the user is to be associated with the company’s user account, the user must enter the company code that was issued to the company when the company’s account was created (please refer to clause 2.4 of these Terms). In addition, the user must upload a copy of his/her driver’s licence together with a picture of the user, in which the front of the driver’s licence is also visible.
3.3. It is a requirement that the user is between the ages of 22 and 80.
3.4. The user may not transfer his/her login to others or allow others to use the user’s login. The user is liable for all rental agreements entered into through use of the user’s login.
3.5. Every withdrawal, disqualification, limitation or other alteration of the user’s driver licence or the user’s ability to drive a vehicle safely must immediately be reported by the user to YUKÕ with Toyota using the contact information provided in clause 1.2. The neglect to do so gives YUKÕ with Toyota the right to terminate these Terms and the user’s access to YUKÕ with Toyota’s online booking system without further notice.
3.6. Creation of the user profile cannot be made, if the user is registered as a bad credit risk.
4. RENTAL AND CANCELLATION
4.1. All rentals and cancellations must be made via YUKÕ with Toyota’s online booking system.
4.2. To pick up, open, use and return a rented vehicle, the user must download the App in accordance with clause 5 of these Terms
4.3. The user logs in to YUKÕ with Toyota’s online booking system using his/her personal login and creates a rental agreement for a specific car for a specific rental period. The user will then receive a confirmation of the created rental agreement at the e-mail address which was registered by the user in YUKÕ with Toyota’s online booking system. The vehicle must be ordered before it can be picked up. A vehicle can only be used if it has been ordered in advance and the user has received an order confirmation.
4.4. The vehicle can be rented at any time during the day; however, the availability of vehicles rented for private use via a YUKÕ with Toyota business account may be limited according to the terms of our agreement with the company.
4.5. The user can cancel the rental agreement at any time before the start of the rental period via YUKÕ with Toyota’s online booking system. A created rental agreement cannot be cancelled in any other way. If a rental agreement for private use is cancelled less than four hours prior to the start of the rental period, a cancellation fee of DKK 200 will be charged. No fee will be charged for cancellation of rental agreements for commercial use. The user cannot cancel leasing agreements created in accordance with clause 6.3.
4.6. If a user, who has created a rental agreement for private use, does not pick up the vehicle within the stated rental period, a surcharge of DKK 200 will be added to the minimum rates stipulated in clause 6 of these Terms. No fees will be charged for failure to pick up vehicles for commercial use; however, the currently valid minimum charges stated in clause 6 will be charged. For vehicles leased in accordance with clause 6.3, the rent must be paid for, for the non-terminable duration of the lease, even if the vehicle is not picked up.
5. PICK UP AND RETURN OF THE VEHICLE
5.1. The user must pick up the vehicle within the period of rental at the location shown in the App. The user must use the App to unlock the vehicle. Regarding vehicles leased under clause 6.3, the vehicle must be picked up at a YUKÕ with Toyota dealer; only physical keys will be issued.
5.2. Before using the vehicle, the user must inspect its condition. Internal warning lights must be checked, and errors notified must be resolved before driving. Externally the vehicle must be checked for scratches, dents, punctures etc. Any damage or defects must be reported via the App.
5.3. The user must not use the vehicle if it appears to be damaged and/or is not in an acceptable condition, or if user experiences problems while driving. If the user does not bring our attention to any damage and defect to the vehicle before using it, the user becomes liable for any such damage and defects to the vehicle.
5.4. The user must return the vehicle no later than at the end of the rental agreement period.
5.5. The vehicle is deemed to be correctly returned if all the following conditions are fulfilled:
- The vehicle is returned to the location shown in the App and the user registers that the vehicle has been returned. If the location specified in the App is occupied when the vehicle is returned, the vehicle must be parked in the nearest legitimate parking slot without a time limit, and the user must notify us of this location using the contact information provided in clause 1.2. Regarding vehicles leased according to clause 6.3, the vehicle must be returned to the same YUKÕ with Toyota dealer as the vehicle was picked up.
- The vehicle is returned complete with all the necessary documents, keys and fuel card.
- The vehicle has been checked for scratches, dents, warning lamps, any damage and defects and these are reported in the App.
- The vehicle contains all equipment belonging to it.
- The vehicle has been emptied of rubbish and personal effects.
- The vehicle appears in the same condition as when it was picked up.
5.6. In cases requiring extra cleaning/valet services beyond ordinary vacuum cleaning and car wash, the user will be charged for this.
5.7. If the vehicle is returned after the end of an agreed rental period for private use, a surcharge of DKK 200 in addition to the rental payment will be made, unless the user has previously contacted customer service and informed them about the delay. No fees will be charged for delayed return of vehicles for commercial use.
6. PRICE AND PAYMENT
6.1. The price for rental of vehicles for both commercial and private use is based on the number of kilometres driven. In addition, a daily fee, and possibly the private user’s membership fee, will be charged.
6.2. The kilometre price is calculated according to the rates applicable at the time of driving. Current applicable prices are available at: www.yuko.dk.
6.3. A user may choose to enter into a short-term leasing agreement for a vehicle, whereby it is made exclusively available to the user. This is selected by typing a promotion code in the system, after which the user has accepted the months of lease of the vehicle in question as provided by the promotion code. The promotion code and its associated obligatory leasing period appears from the current price list. The agreement is non-terminable during such leasing period.
6.4. The user will be informed of the applicable prices for the rental at the time, the reservation is made.
6.5. When the user of a rental vehicle has registered that the vehicle has been returned, we will immediately send an invoice for the total payable amount.
6.6. Regarding rental of a vehicle for private use, the user will be charged, and the costs of rental and any fees and surcharges will be drawn on the bank card that the user registered at the time of creating the YUKÕ with Toyota user account. After the vehicle has been correctly returned, the user will receive a receipt at the e-mail address provided at the time of creating the YUKÕ with Toyota user account.
6.7. Regarding rental for commercial use, the company can choose to pay based on an invoice or via the bank card that was registered by the company at the time of creating the company’s YUKÕ with Toyota account. The invoice will be sent to the e-mail address which was registered by the company in YUKÕ with Toyota’s online booking system. For vehicles rented for commercial use we will also send a monthly statement to the e-mail address which was registered by the company in YUKÕ with Toyota’s online booking system.
6.8. Invoices must be paid so the sums invoiced are available in our bank account no later than fourteen (14) days after the invoice date.
6.9. If the payment is late, a reminder will be sent, and a late fee of DKK 250 will be charged. Moreover, we have the right to deny the user access to YUKÕ with Toyota’s online booking system until payment has been made. In the event of late payment, we also reserve the right to charge interest on overdue payment and the payment of costs incurred.
7. USE OF THE VEHICLE
7.1. The use of the vehicle must be in accordance with any currently applicable price lists, instruction manuals, insurance requirements and these Terms.
7.2. There is no upper limit for the number of kilometres driven during the rental period (however, companies may have determined internal rules for their employees’ use of rental vehicles). It is the company’s own responsibility to ensure that employees abide by the company’s internal regulations. If the vehicle is leased in accordance with clause 6.3. the rental agreement will include an upper limit for the number of kilometres; any extra kilometres will be charged separately.
7.3. Refuelling of the vehicle during the rental period is done using the YUKÕ with Toyota’s fuel payment card, which is located together with the driving documents pouch in the glove compartment. The fuel payment card may not be used for any other purpose than refuelling the rented vehicle. Breach of this rule will lead to cancellation of the agreement with the user without further notice and a claim for payment of the costs incurred by us for unauthorised use of the card. Regarding lease of vehicles in accordance with clause 6.3., the user pays for the users own fuel, etc.; for this reason, no YUKÕ with Toyota fuel payment card is issued for such leasing agreements.
7.4. The vehicle may only be driven by the user who created / is registered for the rental agreement. The vehicle may not be used for the following:
- Transport of passengers or goods against payment.
- Competitions, races or any other form of test driving.
- Towing of other vehicles.
- Driving away from public roads or in areas not open to ordinary traffic.
- Contractor transport or the transport of goods or foodstuffs which causes unpleasant odours or unusual wear and tear.
- Off-road driving.
7.5. The vehicle may only be driven by the user, if the user is lawfully entitled to drive the vehicle and has not had his/her driver’s licence withdrawn, been disqualified, had limitations imposed or lost the ability to drive safely.
7.6. Smoking and animals are not allowed in the vehicle.
7.7. The user may not use the vehicle for unlawful purposes or in any unlawful way, including following the ingestion of alcohol, use of narcotic drugs or other intoxicants that impair judgement or ability to react.
7.8. Costs, fees, parking fines or other charges that are applied as a result of breach of traffic regulations or otherwise in connection with the use of the vehicle will be charged to the user. We can charge such fees or fines to the bank card that the user registered at the time of creating the rental agreement. We can in addition charge an administrative fee of DKK 200.
7.9. We can provide the police with information about the user who has used the vehicle in a specific period.
7.10. The vehicle is unlocked by using the App. The vehicle can then be started / unlocked / locked by using the App or the physical key which is in the vehicle’s glove compartment. The physical key must be placed in the glove compartment after the use of the car in question. The key may not be transferred to others or copied. The user is responsible for the safe custody of keys. If the key is not correctly placed in the glove compartment after the vehicle has been used, or if the key has been copied, the user is liable for all costs incurred for changing locks and for the production of new keys to the vehicle. Regarding lease of vehicles in accordance with clause 6.3, only physical keys are provided.
7.11. If the user uses the vehicle contrary to the conditions in this clause 7, the user’s right to rent cars through YUKÕ with Toyota ceases without further notice.
8. DAMAGE AND INSURANCE
8.1. The user must immediately notify YUKÕ with Toyota of any damage, technical problems or accidents by using the contact information stated in clause 1.2. and completing a claims report.
8.2. With regard to rental for commercial use the company bears full responsibility for the use of the vehicle for the duration of the rental period until the vehicle has been returned in accordance with clause 5. With regard to rental for private use the user bears full responsibility for the use of the vehicle for the duration of the rental period until the vehicle has been returned in accordance with clause 5.5. YUKÕ with Toyota has taken out comprehensive and third-party liability insurance for the vehicles. In the event of damage, the company/user must pay the own-risk amount on the insurance, which cannot exceed DKK 5,000, plus any damage not covered by the policy.
8.3. The user must:
- Immediately notify the police of any theft, vandalism and/or injury to people or animals, or if third party liability is to be determined.
- Obtain the names and addresses of implicated parties and any witnesses.
- Refrain from admitting any guilt or responsibility.
- Not leave the vehicle without taking precautionary steps to ensure the protection of the vehicle.
- Limit damage to the vehicle as far as possible. Continued driving after the damage occurs is only permitted with our prior permission.
8.4. If proper reporting procedures are not followed, and if this results in extra costs being incurred by us, we can charge all such extra costs to the bank card that the user registered at the time of creating the user account with us. Regarding the rental of vehicles for commercial use, such extra costs will be charged directly to the company.
9. PERSONAL DATA
10. RIGHT OF CANCELLATION
10.1. When the user creates an agreement for rental of a vehicle for private use, the rental agreement in relation to these Terms is covered by the Danish Consumer Protection Act.
10.2. Pursuant to the Consumer Protection Act, the usual right of cancellation does not apply to car rental businesses.
10.3. The user can cancel a rental agreement via YUKÕ with Toyota’s online booking system in accordance with clause 4.5.
11. CHANGE OF MEMBERSHIP TYPE
11.1. A private user can change membership type by giving notice to the first day of the following month. Change of membership type is free of charge. For vehicles leased in accordance with clause 6.3, short-term rental cannot be converted to another form of rental during the non-terminable period of rental.
12. TERMINATION/ DELETION OF USER ACCOUNT
12.1. A user can at any time terminate the YUKÕ with Toyota user account by giving notice to the first day of the following month. The user can deactivate the account without notice. If the user has one or more active rental agreements at the time of termination/deactivation of the user account, the user must, however, pay the minimum rental for the rental agreement(s) in question in accordance with clause 6 of these Terms, unless the user cancels the rental agreement(s) in accordance with clause 5. Unless the account is deactivated, the user can continue to rent vehicles until the end of the notice period. Any membership fees will be chargeable until the end of the notice period.
12.2. A company can terminate the YUKÕ with Toyota account by giving notice to the first day of the following month. If a company terminates a YUKÕ with Toyota account, the association of its employees to the company’ YUKÕ with Toyota account will automatically be deactivated on the date the company’s user account expires. A user’s private YUKÕ with Toyota user account is not affected by such deactivation.
13.1. YUKÕ with Toyota has the right to make amendments to these Terms and the price list with one month’s notice. The amended terms and price lists will apply to rental agreements created after the amendments have entered into force. Amendments will be sent to the email address that the user has registered in the YUKÕ with Toyota online booking system when the user account was created.
14. DEFECTS AND DEFICIENCIES
14.1. Any defects, breakdowns, accidents and damage to the vehicle must immediately be brought to our attention.
14.2. Repairs may not be carried out without our written permission.
14.3. We have taken every precaution to avoid mechanical defects and deficiencies. Should such defects and deficiencies occur, however, we do not accept liability for them, nor for any consequences they may have. The user cannot claim redress, replacement, compensation or other legal remedies in case of defects and deficiencies with the vehicle.
15. LIMITATION OF LIABILITY
15.1. In no case can we accept liability for (i) loss of income, operational losses, loss of potential business, loss or destruction of data or reconstruction of data, loss of goodwill, breaches of security caused by third party disruption of telecommunications and/or the internet, loss of revenue (whether direct, indirect or consequential), (ii) loss or damage as a result of liability to (a) third part(y/ies) (whether direct loss, indirect loss or consequential damage) or (iii) any form of indirect loss. Our entire liability is under any circumstances limited to a sum of DKK 10,000.
16. FORCE MAJEURE / ACT OF GOD
16.1. We are not responsible for any delay or non-delivery attributable to force majeure.
17. WHAT YOU CAN DO IF YOU HAVE A COMPLAINT
17.1. If you wish to complain, we advise you to contact us in writing, so that we can handle your complaint.
17.2. You can also send a complain to the Centre for Complaint Resolution, c/o Konkurrence- og Forbrugerstyrelsen, Carl Jacobsens Vej 35, 2500 Valby, Denmark. Complaints can also be made online on www.forbrug.dk. The right to complain may in some cases be conditional on the goods or service you want to complain about costing at least DKK 1,000. Consumer complaints may also be brought to the Centre for Complaint Resolution via the Danish Competition and Consumer Authority’s website: klagonline.forbrug.dk.
17.3. Consumers domiciled in another EU member country can also make a complaint via the EU Commission’s online complaints platform: http://ec.europa.eu/odr.
18. DISPUTES AND APPLICABLE LAW
18.1. These Terms are covered by Danish law and must be interpreted accordingly. Any rules of applicable law, that may lead to the application of laws other than Danish law, do not apply.
18.2. Disputes that cannot be resolved amicably must be brought before the Court of Glostrup as the first instance, with access to referral and appeal in accordance with the usual provisions of the Danish Administration of Justice Act. Cases relating to car rental for private use may be brought before the local district court where the user is domiciled.