1. INTERPRETATION

In this Document:

 

1.1 The following expressions have the following meanings:

 

Assistance Period
The Assistance Period is for 12 months from the date of the vehicle receiving its service by an Authorised Repairer in the United Kingdom.

 

Assistance Services
The provision of the Home Start Service, and Roadside Assistance Service.

 

Authorised Driver
Any person driving the Eligible Vehicle with Your permission and with the legal right to do so at the time of the Breakdown.

 

Breakdown
An unforeseen event when an Eligible Vehicle is immobilised as a result of the failure of a mechanical or electronic part or system or combination thereof (including any manufacturer’s accessory); a puncture; a lock out; theft; attempted theft; vandalism or a lack of fuel, oil or consumable item. However, customer induced faults: wrong fuel in the vehicle, lost of stolen keys or keys locked in the vehicle are not covered. Service may be arranged but You will have to pay for this service if required.

 

Car
A Category M1 passenger motor vehicle as defined in Directive 2007/46/EC

 

Eligible Vehicle
The Vehicle declared by Vauxhall Motors and registered by Us as the vehicle in relation to which We will provide Assistance Services in the event of a Breakdown during the Assistance Period.
To qualify as an Eligible Vehicle the vehicle must:
(a) have been branded and sold by Vauxhall Motor Europe NV/SA in Europe as a Category M1 or N1 Vauxhall motor vehicle;
(b) not have been modified structurally, mechanically or electronically otherwise with the permission of Vauxhall Motor Europe NV/SA or save for the purpose of enabling it to be lawfully re-registered in the United Kingdom
(c) have standard Vauxhall wheels and normal road tyres fitted to it and
(d) be lawfully registered in the United Kingdom.

 

Force Majeure Event
Any circumstances beyond Our reasonable control and that of Our Service Contractor including (without limitation) acts of God, acts of any governmental or supra national authority, war or national emergency, riots, civil commotion, acts of terrorism, fire, explosion, flood, severe weather conditions, epidemic, lock outs, strikes and other industrial disputes, shortages of labour, materials and services and inability or delay in obtaining supplies.

 

Home Start Service
The breakdown assistance service We provide to the Eligible Vehicle at Your Home during the Assistance Period as detailed in Clause 2.

 

Our Service Contractor
The Contractor who We engage to deliver the Assistance Services and its sub-contractors and agents

 

Private Road
A road which is not a Public Road or a linked parking area to which:
(a) in the case of the Eligible Vehicle, You, and any Authorised Driver have a right of access in a Category M1 or N1 motor vehicle; or
(b) in the case of any Other Vehicle, the driver has a right of access in a Category M1 or N1 motor vehicle
and any verge thereto.

 

Public Road
Any highway or road to which the public has the right of access in a Category M1 or N1 motor vehicle and any verge thereto.

 

Road
A Public Road or a Private Road

 

Roadside Assistance Service
The breakdown assistance service We provide to the Eligible Vehicle in the United Kingdom during the Assistance Period as detailed in Section 3.

 

Vauxhall Retailer
An official Vauxhall Retailer or service outlet appointed by Vauxhall Motors

 

United Kingdom
The territories of England, Wales, Scotland and, Northern Ireland plus the Channel Islands and the Isle of Man as Crown Dependencies.

 

Vehicle
A Category M1 or N1 motor vehicle as defined Directive 2007/46/EC

 

We, Our, Us
Vauxhall Motors Limited
Registered address : Griffin House, Osborne Road, Luton, LU1 3YT

 

Year
365 consecutive days

You, Your, Yourself
The driver of the Vauxhall Vehicle at the time of requiring Assistance Services.

 

Your Home
Your permanent residential address in the United Kingdom as registered by Vauxhall Motors

 

Your Vehicle
The Eligible Vehicle as stated by Vauxhall Motors Limited.

1.2 The headings in this document shall not affect its construction.
1.3 Where the context so requires or admits, the masculine shall include the feminine and the neuter and the singular shall include the plural and vice versa.
1.4 Any reference in document to a clause or a section is a reference to a clause or section in these Terms of Service.
1.5 Any reference to the legislation of the European Community, any territory of the United Kingdom or any European Assistance Territory shall be construed as a reference to the same as from time to time amended, consolidated, modified, extended, re enacted or replaced and all subordinate legislation and orders issued pursuant to such legislation.
1.6 The words “include”, “including”, “in particular” and any similar expression shall be construed as illustrating and not limiting the sense of the words that precede them.

2. HOME START SERVICE

2.1 If Your Vehicle suffers a Breakdown when it is being driven or attempted to be driven at Your Home by You or an Authorised Driver then, on request, We will send a mechanic to Your Home as soon as possible at no cost to You or the Authorised Driver in order to determine and, if possible, repair the fault so as to enable Your Vehicle to be safely driven again. You or the Authorised Driver will not have to pay for Our Service Contractor’s mechanic’s labour costs but will have to pay for any replacement parts or consumable items that he has to fit or add to Your Vehicle to make drivable again.
2.2 If the mechanic We send to Your Home is unable to repair Your Vehicle within a reasonable time so as to enable it to be safely driven again then We will arrange for Your Vehicle to be transported from Your Home to the nearest Vauxhall Retailer at no cost to You or the Authorised Driver so as to enable it to be repaired there. You or the Authorised Driver will be responsible for the cost of any investigatory or repair work that is undertaken by or on behalf of the Vauxhall Retailer concerned with the exception of the cost of any repairs that are covered by our Warranty which We will meet.
2.3 If You or the Authorised Driver are locked out of Your Vehicle and Your Vehicle at Your Home then We may arrange for a key specialist to attend Your Home to attempt gain access to Your Car. You or the Authorised Driver will have to pay for the key specialist’s labour costs and will have to pay for any replacement key, key fob or other part that he supplies.

 

Caravans and trailers

2.6 If Your Vehicle had a trailer or caravan attached to it when Your Vehicle had a Breakdown We will de-couple this before We transport Your Vehicle in accordance with Clause 2.2.

 

General

2.7 The provision of Our Home Start Service is subject to the general exclusions and limitations of service set out in Section 5.
2.8 Requests for Our Home Start Service should be made according to the procedure detailed in Section 6.

3. ROADSIDE ASSISTANCE SERVICE (UK ONLY)

3.1 If Your Vehicle suffers a Breakdown on a Road in the United Kingdom while it is being driven or attempted to be driven by You or an Authorised Driver away from Your Home then, on request, We will send a mechanic to the scene of the Breakdown as soon as possible at no cost to You or an Authorised Driver in order to determine and, if possible, repair the fault so as to enable Your Vehicle to be safely driven again. You or the Authorised Driver will not have to pay for Our Service Contractor’s mechanic’s labour costs but will have to pay for any replacement parts or consumable items that he has to fit or add to Your Vehicle in order to make it drivable again.
3.2 If the mechanic We send to the scene of the Breakdown is unable to repair Your Vehicle within a reasonable time so as to enable it to be safely driven again, then, on request We will arrange for it to be transported from the scene of the Breakdown to the nearest Vauxhall Retailer at no cost to You or the Authorised Driver so as to enable it to be repaired there. You or the Authorised Driver will be responsible for the cost of any investigatory or repair work that is undertaken by or on behalf of the Vauxhall Retailer concerned with the exception of the cost of repairs covered by our Warranty which We will meet. Alternatively, We will arrange for Your Vehicle to be transported from the scene of the Breakdown to a single alternative destination in the United Kingdom of Your choice or (in your absence) that of the Authorised Driver at no cost to You or the Authorised Driver. You or the Authorised Driver will be then be responsible for arranging for Your Vehicle to be repaired including the cost of transporting Your Vehicle to a Vauxhall Retailer or another place of repair for that purpose.
3.3 If We transport Your Vehicle in accordance with Clause 3.2 We will take up to 8 people to the same destination at no cost to You or the Authorised Driver provided that (i) each person was travelling with You at time of the breakdown; and (ii) each person behaves properly during transit. We may use more than one vehicle for this purpose. Any person under the age of 16 whom We transport must be accompanied by an adult.
3.4 If We transport Your Vehicle in accordance with Clause 3.2 We are not under any obligation to transport or to arrange the transport of any animal. Our Service Contractor may however do so at their discretion save that no onward transport will be provided for horses, livestock or dangerous animals. If provided, such transport will be at Your risk or that of the Authorised Driver. Further, You or the Authorised Driver will be responsible for safely securing such animal during transit. We will not be responsible for insuring any animal during transit and may terminate the transport of an animal if it represents a safety risk.

 

Caravans and trailers
3.5 If We recover Your Vehicle in accordance with Clause 3.2 We will recover with it a single trailer or caravan up to 26 feet (7.9m) in length provided that such trailer or caravan was coupled to Your Vehicle at the time of the Breakdown and such trailer or caravan is roadworthy. You or the Authorised Driver will be responsible for the cost of any repairs that may be required to such trailer or caravan.

 

General
3.6 The provision of Our Roadside Assistance Service is subject to the general exclusions and limitations of service set out in Section 5.
3.7 Requests for Our Home Start Service should be made according to the procedure detailed in Section 6.

4. GENERAL EXCLUSIONS AND LIMITATIONS

4.1 The following items are excluded from the scope of the Assistance Services:
(1) Any Breakdown which Our Service Contractor reasonably believes would have been prevented by routine servicing of Your Vehicle in accordance with the manufacturer’s service schedule.
(2) Any breakdown which Our Service Contractor reasonably believes is the result of a Vehicle taking part in any 'Motor Sport Event', including, without limitation, racing, rallying, trials or time-trials or auto test. However, for the avoidance of doubt, Concours d'élègance' events, track test days for road-legal vehicles or rallies held exclusively on open public highways where participants are required to comply with the normal rules of the road, are not deemed to be Motor Sports Events for the purpose of this Clause.
(3) Any Breakdown in respect of a Vehicle over 3 years of age which does not have a current MOT certificate of roadworthiness.
(4) Any Breakdown in respect of a Vehicle which Our Service Contractor reasonably believes could not lawfully have been used on a public highway immediately before the Breakdown, for example when Your Vehicle does not have on display on its windscreen a valid road fund licence when it is first attended by Our Service Contractor.
(5) Any Breakdown in respect of a Vehicle which bears trade plates or which Our Service Contractor reasonably believes has just been imported or purchased at auction.
(6) Any Breakdown in respect of a Vehicle which Our Service Contractor reasonably believes occurred before the commencement of the Assistance Period.
(7) Any Breakdown in respect of a Vehicle which Our Service Contractor reasonably believes was notfied to Us more than 24 hours after the Breakdown.
(8) Any repairs to a caravan or trailer that is attached to Your Vehicle at time of the breakdown save as expressly provided for in Clause 4..32.
(9) The cost of spare parts including without limitation body panels, windscreens, wheels, keys and key fobs.
(10) The cost of consumables including without limitation fuel, oils, hydraulic fluid, batteries, light bulbs and tyres.
(11) Routine maintenance and running repairs, such as fixing faulty radios, interior light bulbs and heated rear windscreens.
(12) The servicing or re-assembly of a vehicle where this is required as a result of neglect or unsuccessful work on the vehicle otherwise than as part of the Assistance Services.
(13) The use of our vehicle transportation services for commercial purposes.
(14) All labour charges which are not expressly stated to be payable by Us in these Terms of Service.
(15) The cost of any part which is not expressly stated to be payable by Us in these Terms of Service.
(16) All personal expenses including transportation, subsistence and accommodation costs which are not expressly stated to be payable by Us in these Terms of Service. You will generally need to make a claim for the reimbursement of personal expenses as provided in Section 7.
(17) Any charges resulting from the failure to carry a legally compliant and serviceable spare wheel(s) or tyre(s) in Your Vehicle where this is a legal requirement in the territory in which the Breakdown occurs.
(18) All ferry, toll or congestion charges levied in relation to Your Vehicle and any trailer or caravan that was attached to it at the time of the Breakdown) when it is being recovered by Us. These are Your responsibility or (in your absence) that of Your Partner or (if different in the case of Your Vehicle) the Authorised Driver.
(19) The costs of draining or removing fuel, lubricants or other fluids as a result of the introduction of an inappropriate substance.
(20) Any Breakdown where Our Service Operator is unable to verify who You or the Authorised Driver are or Your service entitlement or that of the Authorised Driver.
(21) Any Breakdown at which You or the Authorised Driver are not present when Our Service Operator attends to deliver the Assistance Services.
(22) The provision of any assistance which is unlawful or which Our Service Operator reasonably believes to be unlawful.
(23) Any warranty as to the general safety or roadworthiness of Your Vehicle following the provision of any Assistance Service.
(24) Any special, indirect or consequential loss.
(25) This offer is not available to existing personal members of the Automobile Association (AA).
4.2 If specialist equipment is required to provide Assistance Services when Your Vehicle has left a road, is in a ditch, is standing on soft ground, sand or shingle or is stuck in water or snow, or which has been immobilised by the removal of its wheels, Our Service Contractor will arrange for the vehicle to be recovered to a location where we can deliver Our Assistance Services. The cost such recovery will be the responsibility of You or the Authorised Driver. Once Your Vehicle has been recovered to a suitable location where Our Service Contractor can deliver the appropriate Assistance Service, such service will be provided in accordance with these Terms of Service.
4.3 We may refuse to provide Assistance Services where Our Service Operator notifies Us that You or the Authorised Driver have requested Us to deal with the same or a similar fault or cause of breakdown to that attended to in regard to Your Vehicle within the preceding 28 days. It is your responsibility to make sure that any emergency repairs to Your Vehicle that are carried out by Our Service Operator are, where appropriate, followed as soon as possible by a permanent repair by qualified personnel.

5. REQUESTS FOR ASSISTANCE SERVICES

Home Start Service and Roadside Assistance Service
5.1 If You or an Authorised Driver require Our Home Start Service, Roadside Assistance Service then You should contact Us on the following telephone number: 0800 55 33 88. The caller will then be asked to provide the following information:
(a) The model of Your Vehicle.
(b) The registration number of Your Vehicle.
(c) The caller’s name
(d) The location and condition of Your Vehicle and whether it has a caravan or trailer attached to it.
(e) The number of passengers in Your Vehicle.
(f) A contact number (if possible).

6. CLAIMS FOR REIMBURSEMENT OF CHARGES AND EXPENSES

6.1 If You wish to claim reimbursements of charges or expenses incurred in connection with a Breakdown in the United Kingdom that is covered by Us under these Terms of Service then please send a letter to the following address providing details of Your claim:


The AA
Member Care
Lambert House
Stockport Road
Cheadle
Cheshire
SK8 2DY


6.2 You will need to submit proof of expenditure to substantiate any claim for reimbursements of charges or expenses that You make on Us. Please submit original invoices and payment receipts with Your claim having taken copies for Your own records. Your original documentation will be returned to You once Your claim has been investigated.
6.3 You must cooperate with Us and Our Service Contractor regarding the recovery of any payments that We may make in connection with the delivery of the Assistance Services including permiting Us, where appropriate, to take legal proceedings in Your name.

7. COMPLAINTS

If you wish to make a complaint about the delivery of any of Our Assistance Services then contact our Service Contractor as follows:

 

By phone: 0845 607 6727

 

In writing:
AA Member Relations
Lambert House, Stockport Road,
Cheadle, Cheshire, SK8 2DY


By email: customersupport@theAA.com

8. MISCELLANEOUS

8.1 These Terms of Service come into effect on 27th July 2012 and shall continue in force until they are revised or withdrawn

 

Improper use of Assistance Services
8.2 We may recover from You any payment that We make in connection with the delivery of the Assistance Services to which You or any other person were not entitled to receive or have the benefit of under these Terms of Service.

 

Force Majeure
8.3 Where a Force Majeure Event occurs We will be obliged to suspend or restrict the provision of the Assistance Services for the duration of such event. We will use all reasonable endavours to restore the full provision of the Assistance Services as soon as possible.

 

Third Party Rights
8.4 A person or other legal entity who is not a party to these Conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

 

Data Protection
8.5 We are the data controller for the purpose of the Data Protection Act 1998 (“the Act”). Each person who uses or requests to use one or more of the Assistance Services consents to the personal data that We collect from them directly or through Our Service Contractor being used for the following purposes by Us and/or Our Service Contractor:
(a) to verify their identify in order to determine their entitlement to receive the Assistance Services;
(b) to deliver the Assistance Services;
(c) to process claims made under these Terms of Service for the reimbursement charges and expenses;
(d) to recover expenditure from third parties;
(e) to monitor the usage and to improve the quality of the Assistance Services;
(e) to send Members information about Our products and services; and
(f) for the prevention or investigation of crime
All personal data are processed in accordance with the requirements of the Act.

9. GOVERNING LAW

9.1 These Terms of Service are governed by and shall be interpreted according to the laws of England and through the grant of Membership both Parties (You and Us) agree to submit any dispute they have regarding these Terms of Service to the exclusive jurisdiction of the English Courts.