TERMS & CONDITIONS
These Terms and Conditions have been updated on the 18th of march 2020
What our operators will need if you breakdown:
1. Your name and breakdown Membership number
2. The vehicle’s make, model and registration number
3. The exact location of the vehicle, such as the road you are on, the nearest junction, identifiable landmark etc.
4. What you suspect the nature of the fault is
5. The telephone number you are calling from
We will then arrange for a recovery operator to attend to the given location as quickly as possible.
If your breakdown is as a result of a flat, punctured or blown Tyre we will require you to have the following;
1. The locking wheel nut key (where applicable)
2. A fully serviceable spare, or space saving, wheel
1. If You cancel Your recovery after initially calling Us, are not with the vehicle when a recovery operator arrives, the vehicle is not in an accessible location when You have informed Us otherwise or no fault is found with the Vehicle upon inspection by a recovery operator, then You will be charged a cancellation fee of £96.00
2. Please ensure prior to calling Us in the event of a breakdown that a recovery operator will be able to lawfully access the vehicle if the vehicle is on private land, such as a campsite, otherwise You will be liable for a cancellation charge as per point 1 above.
3. Any repair carried out by a recovery operator is deemed a temporary repair. We therefore insist that vehicle is taken to a garage immediately and any permanent repairs are made. We reserve the right to request evidence of any permanent repairs.
4. You are only covered for the vehicle that is registered upon taking out the Membership unless You have notified Us of a change during the term of the membership.
5. You may change the vehicle on Your Membership up to 4 times during the term, however, temporary changes of vehicle are not permitted within this Membership.
6. If a change of vehicle takes place during the Term of the Membership the Inception Period will apply from the date the change takes effect from.
7. If any of Your details change during the Term of the Membership, such as Your address, please notify Us immediately.
Conditions of Membership
The following conditions apply to Your Membership.
Refusal, or refusal to comply with any of these conditions by You or any driver of the Vehicle, may result in Us being unable to attend to a Breakdown and we may cancel Your Membership;
1. The Vehicle must be maintained to a good state of mechanical and electrical repair and is of a Roadworthy Condition.
2. No more than a total of 4 Service Requests are permissible under all sections of this Membership during the course of the Membership Term.
3. We will always decide on the best possible way of offering assistance, after taking into account individual circumstances. If the assistance that We offer does not suit your requirements then you may request alternative assistance which is to be arranged by You at Your own cost.
4. We do not accept any liability for any pets, animals or livestock within the Vehicle at the point of Breakdown or during any subsequent recovery (where applicable).
5. If requested You must provide evidence of your Vehicle’s MOT (where applicable) and/or receipts/invoices for any work that has been undertaken as a result of a Breakdown or in the recent past.
6. Attendance by a Recovery Operator cannot be used as a reason by the Membership Holder or any other driver of the Vehicle to avoid the cost of repairing or recovering the Vehicle.
7. We reserve the right to refuse, and/or cancel a Membership if anyone behaves inappropriately towards any employee or representative of Ours by, including but not limited to, acting in a threatening or abusive manner, whether physically or verbally.
8. Deliberately mislead or omit to tell Us important details or facts about a Breakdown in order to obtain assistance. If in doing so results in Us attending a Breakdown where We otherwise would not have, You will be retrospectively charged for the attendance.
9. We reserve the right to refuse, and/or cancel a Membership if the vehicle DOES NOT have a valid MOT, Road Tax or Insurance.
Definition of Words Within this Membership
Wording certain words have a special or specific meaning. These words will appear throughout this Membership Wording in blue and start with a capital letter:
Accident Means where the Vehicle is involved in an incident that happens unexpectedly and unintentionally.
Breakdown / Broken Down Means the Vehicle has ceased to function as a result of an electrical or mechanical failure, including the failure of the Vehicle’s battery and/or tyres, but not as a result of fire, flood, theft or act of vandalism. This also extends to Misfuelling and no Fuel.
The failure of a component (e.g. heating or air condition system) does not constitute a Breakdown unless it results in the Vehicle ceasing to function.
The illumination of any of the Vehicle’s warning lights does not constitute a Breakdown. In this instance, You need to make Your way to a place of repair, and any Breakdown cover within this Membership will not apply.
Caravan / Trailer Means any caravan or trailer that adheres to the following specifications: Max Weight (gross) Max Length Max Width 3.5 tonnes 7.0 metres (23 feet) excluding draw bar and coupling 2.44 metres (8 feet)
Home Means the address where the Membership Holder lives permanently as shown on Your Membership Details.
Start Date Means the date with which your Membership commences as stated on Your Membership Details.
Inception Period Means a period of 48 hours from the Inception Date before You, or anyone driving the Vehicle, is able to make a Service Request on this Membership.
Market Value Means a reasonably determined value for Your Vehicle, using recognised industry data, based upon, but not limited to, vehicles of an equivalent age, make, model and mileage.
Membership Means the terms and conditions contained herein, along with Your Membership Details, which forms the basis of the agreement between Us and You.
Membership Holder Means the person named on the Membership Details.
Membership Details Means the document containing important information about Your Membership which must be read in conjunction with the Membership Wording.
Membership Wording Means this document and the terms and conditions contained herein.
Misfuel / Misfuelling Means where the Vehicle has been fuelled with an incorrect fuel type.
Non-Commercial Use Means the Vehicle is used solely for personal reasons and not in conjunction with any delivery service or service involving carriage of goods or being used for public or private hire.
Recovery Operator Means any person appointed or instructed by Us to provide breakdown assistance services on our behalf.
Roadworthy Condition Means that the Vehicle has been maintained in line with the manufacturer’s guidelines, holds a current UK MOT certificate where appropriate and there are no known faults with the Vehicle.
Service Request Means any request for assistance, service or a benefit under any section of this Membership.
Temporary Repair Means a repair affected at the roadside by a Recovery Operator
Term Means the duration of this Membership, which is for 12 months, commencing from the Inception Date as stipulated on Your Membership Details
Territorial Limits Means England, Scotland, Wales, Northern Ireland, Jersey, Guernsey and the Isle of Man.
Vehicle Means any private car, van, motorcycle or moped which complies with the following specifications and is used for Non-Commercial Use: Max Weight (gross) Max Length Max Width 3.5 tonnes 5.5 metres (18 feet) 2.3 metres (7.5 feet)
We / Us / Our Means Drivers Club, 12 Frenchgate Close, Eastbourne, East Sussex, BN22 9EX
Types of Memberships - Please see what`s included here
1. If You have an accessible and serviceable spare, or space saver wheel, along with any relevant locking wheel nut key (where applicable), a Recovery Operator will replace the wheel.
2. If neither the relevant locking wheel nut key is present or an accessible and serviceable spare, or space saver wheel, then We shall source a mobile Tyre fitter (where available) to attend. The call out charge of this shall be covered within Your Membership, but the cost of any parts or Tyre(s) required will be at Your cost.
3. Where a mobile Tyre fitter is unable to be sourced We shall recover Your Vehicle to the nearest garage able to effect a repair. This is where Our assistance will end.
What is not covered
1. Labour charges in excess of one hour of the Recovery Operator arriving at the scene of the Breakdown.
2. The cost of any parts required to repair Your Vehicle.
3. Any Breakdown as a result of an Accident.
4. Any Breakdown from a fault where We have previously attended for that fault, or a related fault in Our opinion, and as a result of a Temporary Repair affected by Us, or insistence by Us that garage attention is immediately required, further garage attention and subsequent repairs have not been sought. This does not apply in the event of a secondary Breakdown during the same journey as long as the intended destination was a garage or other place of repair and no other.
5. Any Service Request for any broken glass.
6. Any Service Request as a result of keys becoming locked in the Vehicle, keys being damaged in any way, lost or issue with key fobs or immobilizer keys.
7. Any Breakdown as a result of a slipped chain on a motorcycle, moped, scooter or other chain driven Vehicle.
8. Recovery of Your Vehicle to more than one destination including a second recovery or attendance by a Recovery Operator as the original destination was not able to accept Your vehicle for any reason.
9. Any Vehicle which is already at a garage or other place of repair.
10. Where We can evidence that this Membership is being used by the Membership Holder or any other driver of the Vehicle to avoid the cost of repairing or recovering the Vehicle or where a known fault existed with the Vehicle prior to the Inception Date.
11. Any Caravan or Trailer is not covered in the event of a Breakdown.
12. Any hire car arranged by Us where You do not comply with the usual terms and conditions of the hire car company.
13. We will not cover the cost of; i. delivery or collection of the hire car including the cost of any fuel in doing so ii. any fuel consumed by You or any other driver during the period of hire iii. any insurance excess payable under insurance for the replacement car.
14. We will not supply a hire car of any specific make, model or type, or specially adapted vehicles or those with a tow bar.
15. We will not cover the cost of any food and/or drink incurred by You or any other driver or any passengers.
16. The maximum payable for any Service Request from any one Breakdown, including any reimbursement costs, is £1500.00, or the current Market Value of the vehicle, whichever is lower.
General Exclusions The following exclusions apply to all sections of Your Membership;
1. Any Service Request made within the Inception Period.
2. If the Vehicle is not in a Roadworthy Condition at the time of Breakdown.
3. No Service Request is eligible as a result of an Accident.
4. Any Vehicle that is being used, or has been modified for us, in motor racing, rallies, speed or endurance events, or for any other Non-Commercial Use.
5. Any Vehicle which requires specialist repairs as a result of modification of any kind unless previously agreed by Us.
6. Any liability or consequential loss being placed, or charged, upon Us as a result of assistance being provided by a Recovery Operator.
7. A garage or other place of repair undertaking work on Your Vehicle will be acting as an agent on Your behalf and as such We bear no responsibility or liability for any advice, work or action undertaken, or given, by them.
8. Any charges incurred by You prior to notification of Breakdown to Us.
9. The cost of any parts, components, lubricants or materials required to repair Your Vehicle.
10. The reimbursement of any charges for food, drink, telephone calls, fuel, oil or any other incidental expenses.
11. Any charges incurred by You where providing assistance under this Membership would be deemed unlawful.
12. Any Breakdown where Your Vehicle is not accessible when We have been informed otherwise.
13. The cost of any specialist recovery equipment required as a result of Your Vehicle being in an inaccessible location.
14. Recovery of Your Vehicle which cannot be undertaken in a safe and legal manner.
15. Any Service Request where money is owed to Us under this Membership.
16. Any Service Request for, or arising from, loss or damage to the contents of, or within, Your Vehicle.
17. Any toll charges, ferry charges, parking charges or traffic congestion charges incurred as a result of recovering Your Vehicle.
18. Any charges or costs incurred by You as a result of You deciding to scrap Your Vehicle.
19. We are not chargeable, or liable, as the result of a Breakdown for any financial loss you may incur, such as, but not limited to, loss of earnings, missed appointments or missed flights, trains or other pre-purchased transport tickets.
What To Do If You Have A Complaint
We realise that things can go wrong and there may be occasions when You feel that We have not provided the Membership or service You expected. When this happens We want to hear about it so that We can try to put the matter right.
If You wish to register a complaint please contact Us in one of the following ways;
12 Frenchgate Close
Fonseca Pereira & Mendes Limited is a registered data controller with the Information Commissioner's Office. Registration ZA175979. The data supplied by you will only be used by us and carefully selected associated companies for related products and services as well as the purposes of processing your membership, including underwriting, administration, and handling any Service Request which may arise. The data supplied will not be passed to any other parties other than those which we have mentioned hereon. It is important that the data you have supplied is kept up to date. You should therefore notify us promptly of any changes. You are entitled upon the payment of an administration fee to inspect the personal data which we are holding about you. If you wish to make such an inspection, or if you do not wish to receive information on related products and services, you should contact The Administrator;
12 Frenchgate Close
We may respond to enquiries by the police concerning your Membership in the normal course of their investigations. Where it is necessary to administer your Membership effectively, or to protect your interests, we may disclose the data you have supplied to other third parties such as motor garages, engineers, repairers, insurers etc. We may monitor and record telephone calls for service and staff training purposes.
Cancellation Of Your Membership
You can cancel Your Membership within the first 14 days of the Membership Start Date. Unless You have made a Service Request during this period We shall refund Your premium in full less a £10 administration charge.
If You have made a Service Request during the first 14 days, or cancel Your Membership after this period, then there will be a cancellation charge of £25.
We will automatically cancel Your Membership without refund if You make more than the maximum number of permissible Service Requests during the Membership Term.
We reserve the right to suspend Your Membership if a Service Request has been successfully made to which it transpires that We should not have provided assistance under this Membership, until such time as the call out and repair costs incurred by Us are reimbursed to Us in full. If You, after being notified of such costs and suspension of Your Membership, fail to reimburse Us within a reasonable period of time, We reserve the right to cancel Your Membership by giving You 14 days written notice to Your Home address as held by Us.
Drivers Club is a trading name of Fonseca Pereira & Mendes LTD and is incorporated at Companies House, Cardiff, (Company Number 10080586).
Registered Office: 12 Frenchgate Close, Eastbourne, East Sussex, BN22 9EX.
It is a provider of breakdown assistance services that is exempt from authorisation under the Financial Services and Marketing Act 2000.