Rental Company Platform Terms
Introduction
These Terms and Conditions ("Terms") govern access to and use of the Hannk website, platform, applications, software, APIs, vehicle technology, telematics, digital access services, communications systems and associated services (collectively, the "Hannk Platform") by vehicle rental companies, fleet owners, fleet operators, fleet managers and other commercial vehicle operators ("Operator", "you" or "your").
The Hannk Platform is operated by Hannk Ltd ("Hannk", "we", "us" or "our").
By creating an account, registering vehicles, connecting systems, using Hannk technology or clicking "I Agree", you confirm that:
- you are acting wholly in the course of business and not as a consumer;
- you have authority to bind the business or organisation on whose behalf you are accepting these Terms;
- you have read and understood these Terms; and
- you agree that these Terms constitute a legally binding agreement between you and Hannk.
If you do not agree to these Terms, you must not access or use the Hannk Platform.
1. Role of Hannk
Hannk is a technology provider.
The Hannk Platform is designed to facilitate and support digital vehicle rental, fleet management and connected-vehicle operations.
Depending upon the services selected, Hannk technology may provide or facilitate: digital rental journeys; customer check-in; identity and document processing; driving licence and passport processing; digital rental agreements; digital vehicle keys; vehicle locking and unlocking; vehicle immobilisation and authorised vehicle controls; vehicle location; telematics; vehicle status information; damage and incident information; vehicle collection and return processes; photographs and video; customer communications; video assistance; payment-related services; parking services; EV charging; toll-related services; third-party products and services; APIs and rental-management-system integrations; and other connected-vehicle and fleet-management functionality.
Unless Hannk expressly agrees otherwise in writing, Hannk is not a vehicle rental company, vehicle owner, fleet operator, insurer, repairer, roadside-assistance provider or transport provider.
Use of Hannk technology does not transfer responsibility for the Operator's vehicles, customers, rentals or fleet operations to Hannk.
2. Operator Responsibility
The Operator remains solely responsible for operating its rental or fleet business.
This includes responsibility for: its vehicles; its employees and contractors; customer service; vehicle availability; vehicle condition; maintenance and servicing; roadworthiness; vehicle inspections; tyres; fuel and charging; breakdown procedures; insurance; licences and permits; customer eligibility; driver eligibility; rental agreements; rental rates; deposits; excesses; additional charges; damage charges; traffic fines; tolls; parking charges; accident handling; roadside assistance; vehicle recovery; replacement vehicles; customer complaints; and compliance with applicable laws and regulations.
Hannk technology assists the Operator. It does not replace the Operator's legal or operational responsibilities.
3. Vehicle Ownership and Authority
The Operator warrants that it owns, leases, manages or otherwise has lawful authority to operate every vehicle registered with the Hannk Platform.
The Operator must have all permissions necessary to install, connect or use Hannk technology with each vehicle.
The Operator is responsible for obtaining any approval required from vehicle owners, leasing companies, finance companies, insurers or other interested parties.
Hannk may refuse or remove a vehicle where Hannk reasonably believes that the Operator does not have authority to use the vehicle with the Platform.
4. Vehicle Safety and Roadworthiness
Hannk does not inspect, certify or guarantee the physical condition or roadworthiness of vehicles.
The Operator is solely responsible for ensuring that every vehicle supplied to a customer or driver is:
- legally permitted to be used;
- appropriately registered;
- appropriately insured;
- maintained in accordance with applicable requirements;
- safe and roadworthy; and
- suitable for its intended use.
Information displayed by Hannk must not be treated as a substitute for legally required inspections, servicing, maintenance or physical safety checks.
5. Rental Agreement
Where a vehicle is rented to a customer, the rental agreement is between the Operator and the customer, unless expressly agreed otherwise.
Hannk is not a party to that rental agreement merely because Hannk technology is used to facilitate the transaction.
The Operator remains responsible for determining and communicating its: rental terms; age requirements; licence requirements; geographic restrictions; mileage restrictions; insurance provisions; excess; security deposit; fuel policy; charging policy; cancellation policy; damage policy; additional fees; and other rental conditions.
6. Customer and Driver Eligibility
The Operator remains responsible for determining whether a customer or driver is legally and contractually permitted to rent or drive a vehicle.
Hannk may provide identity, document or licence verification technology, but such technology is an assistance tool.
Unless expressly agreed otherwise in writing, Hannk does not guarantee that any person:
- is legally entitled to drive;
- satisfies the Operator's rental conditions;
- satisfies an insurer's requirements;
- has supplied genuine documentation;
- is the lawful holder of documentation supplied;
- is suitable to rent a vehicle; or
- will use the vehicle lawfully.
The Operator must apply any additional checks required by law, regulation, its insurer or its own procedures.
7. Digital Vehicle Access
The Hannk Platform may enable authorised users to lock, unlock, access, start, immobilise or otherwise interact with supported vehicles.
The Operator acknowledges that digital vehicle access depends upon multiple technologies which may include mobile devices, telecommunications networks, Bluetooth, NFC, vehicle hardware, manufacturer systems, third-party APIs, internet connectivity and other infrastructure.
Hannk does not guarantee that remote or digital vehicle functions will be available at all times.
8. Fallback Procedures
The Operator must maintain appropriate operational procedures for circumstances where a Hannk service or digital vehicle function is unavailable.
This may include procedures for: manual vehicle access; physical keys; alternative customer identification; manual rental agreements; alternative payment arrangements; vehicle recovery; customer assistance; and emergency access.
The Operator must not operate its business on the assumption that a digital system can never fail.
A temporary inability to use a digital function does not transfer responsibility for the customer or vehicle to Hannk.
9. Telematics and Vehicle Data
Hannk may receive and display information obtained from vehicle hardware, manufacturers, third-party providers or other connected systems.
Such information may include: vehicle location; mileage; ignition status; locking status; battery information; fuel level; diagnostic information; movement; impact events; vehicle warnings; and other available vehicle information.
Telematics information may occasionally be delayed, incomplete, inaccurate or unavailable.
The Operator must not rely exclusively upon Hannk telematics where a physical inspection, safety check or other verification is reasonably required.
10. Damage, Accident and Incident Information
Hannk may provide technology intended to assist with identifying, recording or documenting damage, accidents, impacts or other vehicle events.
Hannk does not guarantee that the technology will detect every incident or item of damage.
The absence of an alert, photograph, recording or telematics event must not be interpreted as proof that no damage or incident occurred.
The Operator remains responsible for inspecting vehicles and determining whether damage has occurred.
11. Photographs, Video and Recordings
Where Hannk enables photographs, video, video assistance or other recordings, the Operator is responsible for ensuring that its use of such functionality is lawful.
The Operator must provide any notices and obtain any permissions or consents required by applicable law.
12. Payments
Where Hannk facilitates access to payment services, payment gateways, pre-authorisations or other financial services, such services may be provided wholly or partly by independent payment providers or financial institutions.
Hannk does not guarantee that:
- a payment will be authorised;
- a pre-authorisation will remain valid;
- funds will be available;
- a card will be accepted;
- a payment will not subsequently be disputed;
- a chargeback will not occur; or
- a financial institution will process a transaction within a particular time.
The Operator remains responsible for its own financial controls and collection procedures except where Hannk has expressly accepted a specific responsibility in writing.
13. Third-Party Products and Services
Hannk may integrate with or provide access to independent third-party services, including: payment providers; identity-verification providers; vehicle manufacturers; telematics providers; rental-management systems; telecommunications providers; mapping services; parking providers; toll providers; EV charging networks; insurance and protection providers; roadside-assistance providers; cloud providers; and other technology providers.
Hannk is not responsible for the acts, omissions, availability or performance of independent third parties except to the extent that such responsibility cannot lawfully be excluded.
14. EV Charging, Parking and Tolls
Where the Platform provides access to EV charging, parking, toll or similar services, the underlying service may be supplied by an independent provider.
Availability, pricing, compatibility and operation may therefore vary.
The Operator remains responsible for ensuring that vehicles are used appropriately and that drivers understand any applicable restrictions.
15. Platform Availability
Hannk aims to provide a reliable service but does not warrant that the Platform will operate continuously or without interruption.
Services may be affected by: maintenance; upgrades; internet outages; telecommunications failures; mobile-network coverage; GPS availability; vehicle connectivity; third-party API failures; manufacturer-system failures; cloud-service failures; cyber incidents; power failures; hardware failures; or circumstances outside Hannk's reasonable control.
Hannk may temporarily suspend services for maintenance, security, technical, regulatory or operational reasons.
16. Hardware
Where Hannk or a third party provides hardware for installation in a vehicle, the Operator must ensure that it is installed and used in accordance with applicable instructions.
The Operator must not modify, interfere with, dismantle, reverse engineer or misuse Hannk hardware except where expressly authorised.
The Operator must promptly report damaged, lost, stolen, disconnected or malfunctioning equipment.
17. Operator Systems and APIs
Where the Operator connects its rental-management system, fleet-management system, website, API or other software to Hannk, the Operator is responsible for its side of the integration.
Hannk shall not be responsible for loss caused by: incorrect data supplied by the Operator; incorrect API implementation; duplicate transmissions; missing data; corrupted data; incorrect vehicle information; incorrect reservation information; compromised credentials; unauthorised use of Operator systems; or failure by the Operator to follow Hannk's technical requirements.
18. Account Security
The Operator is responsible for controlling access to its Hannk account.
Usernames, passwords, API credentials and other security credentials must be kept confidential.
Individual staff accounts should be used where available.
The Operator must promptly disable access for personnel who are no longer authorised to use the Platform.
Hannk must be notified promptly of any suspected unauthorised access or security breach.
19. Data Protection
Each party must comply with applicable data protection and privacy legislation.
The Operator is responsible for ensuring that it has a lawful basis for providing customer, driver and vehicle-related personal data to Hannk.
Where Hannk processes personal data on behalf of the Operator as a data processor, the parties shall be subject to Hannk's applicable Data Processing Agreement ("DPA"), which shall form part of the contractual relationship.
The DPA may include provisions relating to: processing instructions; confidentiality; security; sub-processors; international transfers; data-subject requests; security incidents; deletion and return of data; and audit and compliance obligations.
Nothing in these Terms changes the legal status of either party as controller or processor where that status is determined by applicable data protection law.
20. Operator Data Responsibilities
The Operator must not upload or transmit personal information that it does not have lawful authority to process.
The Operator is responsible for providing customers and drivers with appropriate privacy information concerning the Operator's processing activities.
The Operator must ensure that its employees only access customer information where they have a legitimate business requirement to do so.
21. Customer Service
Unless Hannk has expressly contracted to provide a particular customer-support service, the Operator remains responsible for customer support relating to the rental itself.
This includes complaints concerning: vehicle condition; vehicle availability; charges; deposits; excess; insurance; fuel; charging; damage; fines; tolls; breakdowns; rental terms; and the conduct of Operator personnel.
Hannk may provide technical assistance without thereby accepting responsibility for the underlying rental.
22. Emergencies and Safety
The Hannk Platform is not a replacement for police, fire, ambulance, roadside assistance or other emergency services.
The Operator must maintain appropriate emergency procedures.
Customers and staff should contact the appropriate emergency service where there is an immediate risk to life, safety or property.
23. No Warranty
To the fullest extent permitted by law, the Hannk Platform is provided on an "as available" basis.
Hannk does not warrant that every feature will always be available or that the Platform will be error-free.
Hannk does not guarantee any particular: rental volume; fleet utilisation; revenue; profit; cost saving; customer conversion; reduction in staffing requirements; or commercial result.
24. Limitation of Liability
This section is an important part of these Terms.
To the fullest extent permitted by applicable law, Hannk shall not be liable for: loss of profit; loss of revenue; loss of rentals; loss of business; loss of anticipated savings; loss of opportunity; loss of goodwill; loss of reputation; loss or corruption of data; business interruption; or indirect or consequential loss.
Hannk shall not be liable for losses resulting from the acts, omissions, negligence, breach, failure or default of: the Operator; the Operator's employees or contractors; a customer or driver; a vehicle manufacturer; a rental-management-system provider; a telecommunications provider; a payment provider; an identity provider; or any other independent third-party provider.
Hannk shall not be responsible for the physical condition, safety, maintenance, roadworthiness or legal operation of a vehicle.
Hannk shall not be responsible for accidents, collisions, theft, vehicle damage, personal property left in vehicles, traffic offences, fines, tolls or misuse of vehicles except to the extent that liability arises directly from Hannk's own act or omission and cannot lawfully be excluded.
25. Maximum Liability
Subject to liabilities which cannot lawfully be excluded or restricted, Hannk's total aggregate liability arising from or connected with these Terms during any twelve-month period shall not exceed the total fees actually paid by the Operator directly to Hannk during the twelve months immediately preceding the event giving rise to the claim.
Where the Operator has paid no fees directly to Hannk during that period, Hannk's aggregate liability shall not exceed GBP 1,000.
26. Liability That Cannot Be Excluded
Nothing in these Terms excludes or restricts liability where doing so would be unlawful.
This includes liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; and
- any other liability which cannot lawfully be excluded or restricted.
27. Operator Indemnity
To the extent permitted by law, the Operator shall indemnify Hannk against losses, liabilities, damages, reasonable costs and expenses arising from third-party claims resulting from:
- the Operator's breach of these Terms;
- unlawful operation of a vehicle;
- an unsafe or unroadworthy vehicle;
- breach of a rental agreement by the Operator;
- inaccurate information supplied by the Operator;
- unlawful processing of personal information by the Operator;
- infringement of third-party rights by material supplied by the Operator;
- misuse of the Hannk Platform;
- fraud or wilful misconduct by the Operator or its personnel; or
- a claim arising from the Operator's vehicle or rental service except to the extent caused by Hannk and for which Hannk is legally responsible.
28. Insurance
The Operator is responsible for maintaining all insurance reasonably required for its business and vehicles.
Use of the Hannk Platform does not constitute insurance and does not guarantee that any particular activity, vehicle, customer or incident is covered by insurance.
The Operator is responsible for ensuring that use of digital vehicle access, telematics and other Hannk technology is compatible with its insurance arrangements.
29. Compliance with Law
The Operator is responsible for complying with laws and regulations applicable to its business and vehicles in each jurisdiction in which it operates.
Hannk's availability in a jurisdiction does not constitute a representation that every use of every Hannk feature is lawful for the Operator's particular circumstances.
30. Intellectual Property
All intellectual property rights in the Hannk Platform, software, APIs, databases, interfaces, designs, processes, documentation, trademarks, branding and technology belong to Hannk or its licensors.
The Operator receives a limited, non-exclusive, non-transferable and revocable right to use the Platform for its authorised business operations.
No ownership rights are transferred to the Operator.
31. Confidentiality
Each party must keep confidential non-public commercial, technical, security and operational information received from the other party.
The Operator must not disclose Hannk API credentials, technical documentation, security information, pricing or proprietary technology except where authorised or required by law.
32. Suspension of Service
Hannk may suspend or restrict access where reasonably necessary because of: suspected fraud; security concerns; unlawful activity; misuse of the Platform; material breach of these Terms; non-payment; risk to customers or vehicles; risk to Hannk infrastructure; legal requirements; or regulatory requirements.
Where reasonably practicable, Hannk will provide appropriate notice.
33. Termination
Either party may terminate its use of Hannk subject to any separate commercial agreement or agreed minimum term.
Hannk may terminate or suspend access immediately where the Operator:
- commits a material breach which cannot reasonably be remedied;
- fails to remedy a remediable material breach after reasonable notice;
- engages in fraud or unlawful activity;
- creates a serious security or safety risk;
- becomes insolvent; or
- repeatedly breaches these Terms.
Termination does not affect rights or liabilities accrued before termination.
34. Changes to the Hannk Platform
Hannk continually develops its technology.
Features may therefore be introduced, modified, replaced or withdrawn.
Hannk does not guarantee that every feature available at a particular time will remain permanently available.
Where reasonably practicable, Hannk will provide notice of a material change affecting a paid service.
35. Changes to These Terms
Hannk may update these Terms to reflect changes in its services, technology, security requirements, commercial arrangements, law or regulation.
Where Hannk makes a material change, the Operator may be required to accept a new version before continuing to use the Platform.
Hannk may retain records identifying which version was accepted by the Operator.
36. Force Majeure
Hannk shall not be responsible for failure or delay caused by circumstances outside its reasonable control, including natural disasters, severe weather, war, terrorism, civil disturbance, governmental action, sanctions, industrial disputes, telecommunications failures, internet failures, power failures, cyberattacks, failures of third-party infrastructure, epidemics, pandemics or similar events.
37. Relationship of the Parties
Nothing in these Terms creates a partnership, joint venture, employment relationship, fiduciary relationship or general agency between Hannk and the Operator.
Neither party has authority to bind the other except where expressly agreed in writing.
38. Entire Agreement
These Terms together with any applicable: commercial agreement; order form; service schedule; Data Processing Agreement; hardware agreement; or other document expressly incorporated into the agreement constitute the contractual framework governing use of the Hannk Platform.
Where a separately executed agreement expressly states that one of its provisions takes precedence over these Terms, that provision shall prevail to the extent of the conflict.
39. Severability
If any provision is found to be invalid, unlawful or unenforceable, it shall be modified to the minimum extent necessary or, where modification is not possible, treated as deleted.
The remaining provisions shall continue in force.
40. No Waiver
Failure or delay by Hannk in exercising a contractual right does not constitute a waiver of that right.
41. Assignment
The Operator may not transfer its rights or obligations under these Terms without Hannk's prior written consent.
Hannk may transfer its rights or obligations as part of a corporate restructuring, financing, sale, acquisition, transfer of business or transfer to an affiliated company.
42. Third-Party Rights
Except where expressly stated otherwise, a person who is not a party to these Terms shall have no right to enforce them.
43. Governing Law and Jurisdiction
These Terms and any dispute or claim arising from them, their subject matter or formation shall be governed by the laws of England and Wales.
The parties submit to the exclusive jurisdiction of the courts of England and Wales, unless otherwise expressly agreed in writing.
44. Electronic Acceptance
The Operator agrees that electronic acceptance of these Terms has the same contractual effect as signing a written agreement.
Hannk may retain an electronic record including: legal company name; trading name; company/account identifier; name of the person accepting; position or job title; email address; date and time of acceptance; IP address; Terms version; Terms effective date; and other technical information reasonably necessary to evidence acceptance.
The individual accepting these Terms confirms that they have authority to bind the Operator.
45. Continuing Acceptance
Where Hannk introduces a materially updated version of these Terms, Hannk may require an authorised representative of the Operator to accept the new version before continued access is permitted.
Acceptance of one version does not prevent Hannk from subsequently updating these Terms in accordance with Section 35.
46. Contact
Questions concerning these Terms should be directed to Hannk Ltd using the contact information published on the Hannk website.
47. Authorised access and prohibition on sharing
The Operator must not give, sell, lend, transfer or otherwise make available administrative accounts, passwords, API keys, tokens, security credentials or access to Hannk systems to any unauthorised person, other business, competitor or third-party service provider. Each staff user must use their own assigned account where supported. Shared credentials, impersonation and bypassing access controls are prohibited.
Only personnel authorised for the agreed business purpose may access the relevant functions, on a least-privilege basis. Contractor or external supplier access requires Hannk’s prior written approval. Access must be revoked promptly when authorisation or employment ends. The Operator must take reasonable steps to prevent unauthorised access and notify Hannk immediately of any suspected credential exposure or misuse.
This restriction does not prevent customers and additional drivers using the customer-facing journey, digital keys or sharing functions as expressly authorised by Hannk. It does not permit sharing staff or administrative credentials with them.
48. No copying, extraction or replication
Except with Hannk’s prior written consent, or to the extent expressly permitted by applicable law that cannot be excluded by contract, the Operator must not, and must not assist or permit another person to:
- copy, reproduce, modify, distribute, publish, sell, sublicense or create derivative works of Hannk software, source code, interfaces, proprietary workflows, documentation, databases or other protected materials;
- reverse engineer, decompile, disassemble or attempt to discover source code, algorithms, security controls or proprietary technical architecture;
- scrape, harvest, systematically extract or bulk download platform materials, other customers’ information or databases outside expressly authorised functionality;
- use non-public Hannk materials or access to develop, train or assist a competing or substantially equivalent system, including uploading those materials to an AI service;
- remove ownership notices, circumvent technical restrictions, share unauthorised demonstrations or provide competitors with access to non-public platform functions.
Authorised API integration, use of supplied SDKs in accordance with their licence, and ordinary export, retention and backup of the Operator’s own records remain permitted within the agreed service scope. These Terms do not transfer ownership of the Operator’s data to Hannk or prevent independent development without misuse of Hannk’s protected materials or confidential information.
49. Service failures and operational continuity
Subject to the liability provisions and mandatory law, and except for an express obligation in a separately agreed service-level agreement, Hannk does not accept responsibility for loss arising from an outage, delay, failed unlock or lock command, connectivity loss, unavailable feature, failed verification or payment process, inaccurate third-party data, interrupted integration or other failure of a digital journey. Hannk does not guarantee uninterrupted availability or that a remote command has taken effect merely because it has been submitted.
The Operator must maintain reasonable contingency procedures, check relevant confirmations and take reasonable steps to mitigate loss. Rental operators remain responsible for customer assistance, lawful vehicle access, alternative collection and return procedures, safe vehicle operation and their contractual rental obligations. Brokers must maintain customer communication and escalation to the responsible rental operator.
These provisions do not override expressly agreed service commitments, or exclude death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other liability that cannot lawfully be excluded. Every exclusion and liability cap is subject to applicable statutory requirements, including reasonableness where required. A statement that a service may fail does not remove an obligation that the law requires Hannk to perform.
50. Enforcement and confidentiality safeguards
Unauthorised access, credential sharing, copying or disclosure is a material breach. Hannk may immediately restrict affected access where reasonably necessary to protect systems or information, and may terminate in accordance with these Terms. Hannk may seek available injunctive relief and recover losses or costs to which it is legally entitled. No automatic fine or predetermined penalty is imposed by this provision.
Confidential information may be disclosed to authorised personnel with a need to know and equivalent confidentiality obligations, or where legally required, with advance notice where lawful. Confidentiality does not apply to information lawfully public, previously known without restriction, lawfully obtained independently, or independently developed without use of confidential information. Trade secrets remain protected while confidential; other confidentiality duties continue for five years after termination.