In these terms and conditions:

‘Accident’ means any incident which causes damage to a vehicle;

‘Insured Event’ is an event which is covered by most comprehensive vehicle insurance policies. This includes an Accident, hitting a pothole, a vehicle catching fire and attempted theft of a vehicle;

‘Urban’ means the City of Johannesburg, central Ekurhuleni, Tshwane, Cape Town and some surrounding areas, Gqeberha,  Bloemfontein, Mbombela, Durban and some surrounding areas, Rustenburg and Polokwane;

‘Rural’ means those areas which are not Urban areas; and

‘We’, ‘us’, ‘our’ and like terms refer to the Automobile Association of South Africa NPC (‘AA’) (and where applicable our service providers) and ‘you’, ‘your’ and like terms refer to you, the individual AA Member. ‘Member’ and ‘Membership’ refers to membership of the AA.

Only natural persons may be AA Members, and the benefits of AA Membership are for non-commercial purposes only.

You take responsibility for any person receiving any services from us also abiding with these terms and conditions.

Unless otherwise stated, Membership and the associated benefits are personal to you i.e. benefits are not transferable and do not extend to family members or other passengers. Spouses and dependants of Members qualify for reduced Membership rates.

Membership is for 12 month periods from the date of activation. Your payments must be up to date for you to be entitled to the benefits of Membership.

The cost of Membership will increase each year.

You have the right to cancel your Membership in writing within five business days of the date on which your Membership first becomes active (the ‘cooling off period’). The following refund policy will apply for Members cancelling within the cooling off period:

• If you have utilised any of our services during the cooling off period, you will receive a full refund of the total Membership fee paid, less our charges for services rendered. If the charges for services rendered amount to more than the total Membership fee paid, the difference will be payable by you. Such charges will not be charged at Member-preferred rates. If you were paying for your Membership by direct debit you authorise us to take the relevant additional amount from your nominated account by direct debit.
• If you did not utilise any of our services during the cooling off period, you will receive a full refund of the total Membership fee paid.

If you wish to cancel within a 12 month Membership period you must provide 20 business days’ notice in writing, and will be liable to pay a reasonable cancellation penalty. If the charges for services rendered amount to more than the total Membership fee paid in the relevant 12 month Membership period, the difference will be payable by you as part of the cancellation penalty. Such charges will be charged at Member-preferred rates. If you were paying for your Membership by direct debit you authorise us to take the relevant additional amount from your nominated account by direct debit.

 Please see below regarding the deemed cancellation of your Membership due to unpaid debit orders.

To be eligible to receive any services you must be present at the vehicle/incident scene and produce personal identification in order to confirm your AA Membership.

Membership entitlements do not cover incidents that happened before you joined us.

We provide services in South Africa. Should you require assistance in Lesotho, Swaziland, Namibia or Botswana we shall attempt to assist but do not guarantee that we can assist.

We do not guarantee response times since these will vary depending on various factors e.g. location, traffic, weather conditions and the demand for assistance at the time of your request.

It is your responsibility to keep your contact details up to date.

We may introduce new services and/or amend and/or cancel existing services without prior notice.

Without prejudice to any of our other rights, we reserve the right to deny services and refunds to, and cancel the Membership of, any Member who in our opinion is or has been, abusive, threatening or violent toward any AA staff member, or who attempts to receive services (including refunds) by deception.

We may amend any of our terms and conditions at any time. The amended terms and conditions shall take effect from the date they are published on our website. Where there is a need for clarification of our terms and conditions or relating to your entitlements, our reasonable interpretation will be deemed to be final.

Payment for any service is not guaranteed unless our prior authorisation has been obtained.

Where payment is required by you for services over and above your entitlement, you will be required to make the payment prior to, or on completion of the service.  You may be required to pay the service provider directly.

We offer no warranties with regard to any of the services we offer.

All our terms and conditions contain the entire agreement between you and us and we shall not be bound by any undertakings, representations or warranties not recorded in them.

No indulgence, latitude or extension of time we may grant or show to you shall constitute a novation of our terms and conditions, nor shall it in any way prejudice us or preclude us from exercising any of our rights in the future.

In order for us to be able to locate you and your vehicle you must provide us with the correct and accurate location. We recommend you download the AA App to ensure accuracy and speed of response. If you provide incorrect or incomplete information it may result in delay and/or additional costs for your account.

LIMITATION OF LIABILITY AND INDEMNITY

To the fullest extent permitted by law neither we nor our service providers will be liable for any loss or damage suffered as a result of any services we or our services providers render, or fail to render.

Without prejudice to any other remedy available to us, you indemnify us and our service providers against any loss or damage suffered by us and/or our service providers as a result of you and/or any person receiving a service via your Membership breaching any of our terms and conditions. This benefit may be accepted by our service providers at any time.

PERSONAL INFORMATION

We hold your personal information securely. Please see our PRIVACY POLICY for further details https://aa.co.za/privacy-policy.

DEBIT ORDERS

Your Membership will lapse and you will not be entitled to receive any benefits if your debit order is unsuccessful. We may automatically re-submit the debit order up to three times on the next debit order run (1st, 15th and 25^th of the month). We may contact you during a period of 150 days following the first failed debit order to attempt to rectify the non-payment(s). If your Membership has not been restored during this period it will be deemed to be cancelled and you will be required to pay, without prejudice to any of our other remedies, a reasonable cancellation penalty which will partly depend on how many of our services you have used during your Membership.

BENEFIT LIMITS

The entitlements per Membership option per 12 months of Membership (calculated from the date you activated or renewed your Membership) are set out in the table below. Note that some services e.g. Fuel Rescue are limited.

Please note not all Membership options include tows required as a result of an Insured Event

In the event that you have used up your entitlements you may continue to make use of our services at preferential Member rates.

In Urban areas the towing roundtrip distance is double the distance from the breakdown location to the location the vehicle is delivered to. In Rural areas the roundtrip distance is the total roundtrip distance covered by the tow truck from the location it is dispatched from back to the point it was dispatched from. Please refer to TOWING SERVICES for further details.

* FAIR USE POLICY

The AA is a non-profit company. The prices and benefit entitlements for each Membership option have been carefully calculated using industry norms and our own historical usage patterns. It is therefore imperative that benefits are not abused. The AA reserves the right to charge for assistances where it becomes apparent to the AA, in its discretion, that the number or types of assistances requested by a Member, or the number of vehicles in respect of which the Member requests assistance, is unreasonable. In coming to such a decision the AA will take into account the historical usage of benefits by that Member.

PATROL SERVICES

Patrol Services are only available in Urban areas and provide the following assistance:

• GENERAL ROADSIDE ASSISTANCE

Roadside assistance is limited to the assistances detailed below, minor electrical and mechanical diagnoses, changing a flat tyre and jump starts. Our roadside assistance service does not carry out repairs to vehicles. If we dispatch a patrol vehicle but your vehicle remains immobilised, we shall tow your vehicle in accordance with your towing benefit entitlements.

• FUEL RESCUE

If your vehicle runs out of fuel, we will supply up to 10 litres of fuel to allow you to reach the nearest filling station. If you require more than 10 litres of fuel, you will be liable for the cost of the additional fuel. Please refer to BENEFIT LIMITS for further details. All fuel rescue assistances are subject to us being satisfied that the vehicle has actually run out of fuel.

• KEYS LOCKED IN VEHICLE

We shall assist you if you lock your keys in your vehicle. If our patrol service is unable to assist we shall procure the services of a locksmith and will cover the cost up to R643 (including VAT). Any additional cost will be for your account. We only cover the cost of the call out and for unlocking the vehicle. We will not, for example, cover the costs of the repair/replacement of locks, ignition switches or key cutting. Please note a locksmith may be unable to assist in the case of keyless entry vehicles etc. You may be required to pay the locksmith directly and recover the cost from us – see REFUNDS below.

• FLAT TYRE CHANGE

We shall change a flat tyre with your spare tyre if we are able to e.g. we shall not be able to change your tyre if your spare tyre is not in a roadworthy condition or if we are unable to remove the spare tyre from its housing. If we are unable to change the tyre or if your vehicle does not have a spare tyre we shall tow your vehicle in accordance with your towing benefit entitlements. We do not pay for the repair of a damaged tyre or rim.

• NEW BATTERIES

If your vehicle’s battery cannot be jump-started, we can sell and fit a new battery at preferential Member rates on the spot, subject to availability. If we are unable to assist we shall tow your vehicle to a battery shop in accordance with your towing benefit entitlements.

All batteries come with a national 24 month battery warranty. Should an AA-supplied battery be replaced within the 24 month warranty period, only the balance of the original warranty period will apply. The price of the new battery is based on the return of the old battery to the AA for environmental and safe disposal. If you wish to retain your old battery, a scrap charge will apply.

TOWING SERVICES

Please note if we tow your vehicle you are also agreeing to the additional terms and conditions set out below under IMPORTANT INFORMATION.

If you are further than 100km from your home please refer to EXTENDED BENEFITS below.

Please note that only AA Jubilee+ and AA Advantage+ Membership options include tows required as a result of an Insured Event.

Only the following vehicles may be towed:

• vehicles in which you as a Member were travelling (either as a passenger or a driver), or if a vehicle owned by you will not start;
• vehicles having a gross vehicle mass of less than 3.5 tons;
• vehicles that may be legally used on South African public roads;
• vehicles that do not exceed 5.5m in length, 2.5m in width or 2.6m in height; and
• vehicles in a roadworthy and working condition prior to the incident.

We shall attempt to provide assistance in relation to motorbikes, caravans and trailers but do not guarantee that we can assist. Taxis and other vehicles used for commercial purposes are not covered.

We are only able to tow vehicles that are accessible e.g. the keys must be available to enable us to enter the vehicle and to unlock the steering mechanism.

If your vehicle is loaded, we are not responsible for the load and may require you to remove the load before rendering any service.

Depending on the information you give us we will decide in our discretion whether to send a patrol vehicle or to send a tow truck. If necessary, we will tow your vehicle to a place of safety or repair of your choice.

Save as set out below, vehicles will only be towed from the scene of the breakdown or Insured Event.

You must remain with your vehicle and present identification when our service vehicle arrives. lf you are not at the vehicle when the service vehicle arrives the service vehicle may leave the scene.

Should the tow occur after hours and no repair centre is open, or if your preferred repairer is unable or unwilling to accept the vehicle, the AA will ensure the vehicle is safely stored, either by towing it to your home or to the AA or an AA-approved storage facility. The first night’s storage is free but any storage costs (charged at a daily rate) over and above this will be for your account. The following morning we will tow your vehicle to a place of safety or repair of your choice.

Tow truck drivers are not permitted to attempt any repairs.

You are responsible for booking your vehicle with a repairer, although we will assist with bookings with AA Quality Assured repairers where possible.

In instances where an AA tow truck is not available one of our AA-approved contractors may be used. You may be required to pay the AA-approved tow contractor we have dispatched and request a refund from the AA – please refer to REFUNDS below.

If you cancel a tow after we have dispatched a tow vehicle, this will count as an assistance in terms of your Membership entitlement.
Where specialised recovery or salvage equipment is needed, the cost of equipment and labour will be for your account.

If you do not wish to use our TAXI SERVICE offering (see below), our tow trucks will give a lift to those passengers up to the legal capacity of the towing vehicle to the place where your vehicle is to be dropped off. Any further travel will be for your own account. Please note this applies to tow trucks only and not our Patrol vehicles. No passengers are allowed in a vehicle being towed or transported. We can assist you in arranging additional transport for passengers who cannot be accommodated in the tow truck, but the costs will be for your account.

Should you breakdown with your pet, the AA will transport your pet in the AA tow truck cabin if your pet can be placed into a proper transporting cage provided by you. Should this not be possible, your pet will be required to travel in the vehicle being towed. ln the event you are incapacitated, the AA will attempt to coordinate the rescue of your pet from the breakdown scene in conjunction with the SPCA and inform you of your pet’s whereabouts as soon as possible. Although every effort will be made to ensure your pet’s safety, we do not accept responsibility for your pet’s well-being.

TOWS REQUIRED AS A RESULT OF AN INSURED EVENT

Please note tows required as a result of an Insured Event are included in the towing benefit entitlement in the case of AA Jubilee + and AA Advantage + Members only. Other Members will be charged on a pay-on-use basis at preferential Member rates. If your insurance company instructs us to tow the vehicle to a specific destination (for example for the vehicle to be assessed), we shall tow the vehicle in accordance with your insurance company’s instruction. Only one such tow is allowed per vehicle per incident, although if the tow occurs after hours and no repair center is open, or if your preferred repairer is unable or unwilling to accept the vehicle, the AA will ensure the vehicle is safely stored, either by towing it to your home or to the AA or an AA-approved storage facility. The first night’s storage is free but any storage costs (charged on a daily basis) over and above this will be for your account. The following morning we will tow your vehicle to a place of safety or repair of your choice.

EXTENDED BENEFITS

These terms and conditions apply if you require assistance more than 100km from your home. Your home address must be correct on our records in order for you to be eligible for Extended Benefits.

This benefit is only available in South Africa.

Not all Membership options include Extended Benefits and all Extended Benefits are subject to various limits – please refer below and to BENEFIT LIMITS. Please note in particular:

• Extended Benefits are only available 72 hours after your AA Membership has been activated; and
• Extended Benefits are only paid by us to the extent you have sufficient funds in your Extended Benefit wallet. Anything exceeding this will be for your account.

If you require assistance more than 100km from your home we shall determine which one of the following three options is most appropriate for the situation subject to us being provided with proof that your vehicle has broken down or is not driveable as a result of an Insured Event:

1. Accommodation

We will arrange and pay for overnight accommodation, subject to availability, for you and up to four passengers travelling with you. The choice of overnight accommodation is at the discretion of the Emergency Call Centre, and we will cover the cost of bed and breakfast accommodation only, to a maximum of R320 per person. You may need to settle the accommodation account and claim back from us – see REFUNDS below. Any costs over and above the accommodation costs covered by us will be for your account.

Please note your normal towing benefit remains available to you as per your Membership entitlement.

OR

1. Transport arrangements

If you prefer to continue your journey, or to return home, we will arrange transportation to help you reach your destination by the most direct route. If, at our discretion, car hire is the most suitable arrangement, we will pay for one day’s (24 hours) car hire for a Group B Vehicle. You will be required to sign a separate agreement with our service provider containing their standard terms and conditions. We will only be responsible for the car hire cost (with the service provider’s standard waiver), the kilometre and the delivery charges. You will be personally responsible for all other costs. These costs may include, but are not limited to:

• One way drop off fee;
• Excesses upon an insurance claim;
• Additional insurance;
• Charges for baby seats;
• Valet charges;
• E tolls;
• Traffic fines and traffic fine administration fees.

The maximum amount payable towards this assistance is R1,600.

If, at our discretion, you require transport to fetch your vehicle after it has been repaired, we may, provided the place of repair is more than 100km from your home, pay for another day’s car hire on the same terms and conditions set out above.

Please note your normal towing benefit remains available to you as per your Membership entitlement.

OR

1. Long distance towing

We will tow your vehicle at Member-preferred rates until your Extended Benefit wallet is exhausted. Once you exceed the available funds, you will be responsible for the additional towing charge.

Please note your normal towing benefit remains available to you as per your Membership entitlement. This can be added to your Long distance towing benefit.. Once this tow distance is exceeded the costs will be for your account at preferential Member rates.

The Extended Benefit wallet may only be used for Extended Benefits provided by us. Unused funds in your Extended Benefit wallet do not roll over and may not be cashed out.

IMPORTANT INFORMATION

If we tow your vehicle you are agreeing to the following:

• If you do not specify a destination to which the vehicle must be towed, we shall tow the vehicle to a destination we in our discretion deem to be suitable.
• You agree to pay for all charges not covered by your Membership entitlement without set-off or deduction. These charges are either payable in advance or on presentation of an invoice, whichever is the earlier. We reserve the right to charge interest at the maximum permissible rate on unpaid charges from the date the payment became due to the date of payment compounded monthly in arrears. If we approach an attorney to recover our charges, you agree to pay our legal costs on an attorney and own client scale.
• We have a lien over the vehicle as security for all amounts due to us.
• You warrant that you are the owner of the vehicle being towed or have the authority of the owner to have the vehicle towed. Without prejudice to the general indemnity stated earlier in these terms and conditions, you indemnify us against any loss or damage suffered by us as a result of this warranty not being true.
• You agree that should the vehicle not be reclaimed within 90 days from the date of towing, or should your indebtedness not be settled within 90 days after having become due, we shall be entitled, without further notice:

*         to sell the vehicle in such a manner and on such terms and conditions as we deem fit;

*         to apply the proceeds of any sale (after deducting all expenses thereof) in payment or reduction of any amount due by you to us (including storage charges), and any surplus shall be paid over to you after the sale (if we are able to locate you).

TAXI SERVICE

This is a pay-on-use service provided by Uber and is subject to availability and Uber’s terms and conditions. It is only available in those areas where Uber operates.

If you have any queries you should not contact Uber but contact the AA on 0861 000 234.

We shall obtain a quotation from Uber and you are required to pay this amount plus an administration fee by credit card before we order the trip unless your Membership option includes this service.

We do not guarantee a response time.

A maximum of four people may be transported.

Multiple drop off points are not permitted and you may not direct the driver to deviate from the AA-authorised route.

You do not need to pay the driver any amount. If you do so, you may not claim it back from us.

REFUNDS

Our service providers may occasionally require payment for the services rendered to you. In such cases, please check our terms and conditions to see if you can claim a refund from us.

We shall only provide refunds for services that have been authorised by us in advance and in accordance with your Membership benefit entitlement.

You must complete the claims form and send it with all relevant supporting documentation to fax no. 086 524 2251 or e-mail TheAA@aasa.co.za.

COSTS NOT COVERED

The benefits of Membership are limited to those set out in our terms and conditions. This means the following costs and services (amongst others) are not covered by your Membership:

• Toll fees
• Labour charges, repair charges, overtime charges, cellular phone charges, toll fees, weekend levies, parking fees, storage charges, hitching/salvage/recovery fees, collection and conveyance of spare parts, the cost of spare parts and other related expenses
• Charges (other than towing in the case of AA Jubilee + and Advantage + Members) for assistance required due to an Insured Event. We will assist with arrangements for your account
• Charges for further towing of the vehicle for purposes of repair, if you do not accept the quotation of the repair
• Compensation for any loss of income or earnings

MULTIPLE ASSISTANCES

Where we determine any single incident requires the use of more than one of our resources, such as a road patrol, battery patrol, locksmith or tow provider, we will count these as a single assistance. In all other circumstances, any subsequent assistance for the same incident will constitute an additional assistance. lf you call on more than one occasion for the same problem, each request will count as one assistance unless you are following up and provide us with the reference number you have been given.

AA LEGAL ADVISORY SERVICE

AA Legal Advisory Service is a telephonic legal advisory service providing basic legal advice in relation to the legal topics and areas listed below. This service is not intended to substitute that of legal practitioners (attorneys and advocates) but rather to provide basic and initial practical telephonic legal advice.

1. The service is available to all paid-up AA Members and their registered dependents / spouse who are linked to their Membership. The service is also offered to those corporate clients who belong to a scheme that has purchased the service.
2. Calls are limited to one call every two months.
3. The service is available Monday to Friday 08:00 – 16:00. Weekends and public holidays are excluded.
4. The service is available for real-life legal queries only and does not cover academic questions, such as but not limited to assistance with a student’s assignment.
5. Advice will only be provided in relation to pre-litigation matters.
6. We do not carry out any negotiations with third parties on your behalf.
7. We provide no warranties in relation to the advice we provide. Any advice or information provided is used and accepted at your own risk. To the fullest extent permitted by law the AA will not be liable for any loss or damage suffered as a result of any advice provided or not provided.

Should an AA Member require further advice the AA may be able to refer the Member to a suitably qualified person.

Should a corporate client require further advice, the AA may refer the matter to a suitably qualified person and will cover the initial consultation up to the maximum amount included in the corporate scheme entitlement (if any). Should the client wish to consult with their own legal representative, they may be able to claim an amount back, depending on the scheme entitlement.

Mediation

As part of AA Legal Advisory Services we also offer a mediation service in relation to motor-related disputes. Mediation may assist the parties to reach agreement without having to resort to expensive legal action. Mediation is non-binding and both parties must agree to participate and must sign our standard mediation agreement.

Categories covered:

Motor Law:

• National Road Traffic Act Queries;
• Disputes with Service providers;
• Motor vehicle accidents;
• Insurance and third party claim advice ;
• Queries with respect to licensing, transfer of ownership and traffic fines;
• Advice relating to Road Accident Fund queries;
• Contractual issues in relation to the selling and buying of motor vehicles.

Exclusions: Filing and processing of Road Accident Fund claims

Civil Disputes:

• Consumer Protection Act queries and consumer issues including advice regarding defective goods, poor workmanship, refunds, repairs, replacements and cancellations;
• Civil actions, such as the Magistrates Court and Small Claims Court processes including prescription, jurisdiction, civil procedure etc.;
• Recommendations on the correct legal channels and/or regulatory bodies.

Contractual:

• Advice in relation to the principles of contract law;
• Interpretation of contractual agreements and clauses;
• Assistance with basic standard contract templates which falls within the legal topics and areas of this document (such as purchase and sale agreements, lease agreements etc.).

Exclusions:  Business, corporate and commercial, competition, insolvency and business rescue, intellectual property or tax related advice as well as any contracts over R500 000 in value.

Delictual:

• Material damages, negligence, fault, apportionment of damages etc.;
• Public liability and third party claims;
• Personal injury (including medical negligence, slips and falls etc.).

Family law:

• Advice in relation to matrimonial property regimes, divorce, rights in respect of children etc.;
• Advice regarding Wills and administration of estates (including basic templates of wills);
• Testate and intestate succession.

Labour law:

• Advice regarding unfair labour practices; dismissals
• Grievances, working hours, victimization, disciplinary proceedings etc.

Exclusions: Actual CCMA and/or labour court representation or appearances, collective bargaining matters.

Criminal law:

• Advice regarding basic criminal law processes, rights of the accused;
• Motor related criminal queries;
• Domestic violence processes.

Exclusions: Actual criminal proceedings, rape and child molestation matters, bail matters

AA ARMED RESPONSE (the ‘Service’)

The Service is a technology platform that enables you to request an armed response from independent third party security providers of such services (which will be the police in areas where private security providers do not operate). By using the Service you provide permission to such third party security providers to trace your mobile devices to your location and to gain access to the property upon which your device is located.

Please note that in addition to these terms and conditions the terms and conditions and privacy policy of our service provider also apply. These can be found at http://casi-app.com/terms and https://casi-live.liv.ninja/privacy. If there is any conflict between the terms and conditions at http://casi-app.com/terms and these terms and conditions, the provisions of these terms and conditions shall prevail.

The Service is payable in advance. Should payment not be received the Service will be cancelled forthwith. No refunds will be given if you cancel your subscription to the Service if you are on a monthly subscription. If you are on an annual subscription we will charge a reasonable cancellation penalty.

The Service is personal to the subscriber and registered dependants/secondary users. The number of dependants/registered users per primary member entitled to the reduced subscription fee is limited to three persons.

The Services are made available solely for your personal, non-commercial use. Please note the Service is limited to an armed response only e.g. does not include a medical response.

The Service is dependent on mobile phone reception, you having sufficient data available and your location services being active. If you are in an area with no cell phone signal the panic signal will only be relayed once signal is received. You are responsible for ensuring you can access the Service via your device.

We do not guarantee a response time or that you will receive a response at all if you activate the Service.

It is your responsibility to keep your contact details up to date.

We may introduce new services and/or amend and/or cancel the existing Service. We shall attempt to give you 30 days’ notice of such but do not guarantee to do this.

LIMITATION OF LIABILITY AND INDEMNITY

To the fullest extent permitted by law neither we nor our service providers will be liable for any loss or damage suffered as a result of any services we or our services providers render, or fail to render.

Without prejudice to any other remedy available to us, you indemnify us and our service providers against any loss or damage suffered by us and/or our service providers as a result of you and/or any person receiving a service from us through you breaching any of our terms and conditions. This benefit may be accepted by our service providers at any time.

The provision of the Service is subject to a fair use policy. If we decide, in our absolute discretion, that you are not using the Service fairly we reserve the right to cancel your subscription to the Service.

AA DESIGNATED DRIVER TERMS & CONDITIONS

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICE.

Your access and use of the Services constitutes your agreement to be bound by these Terms.  If you do not agree to these Terms, you may not access or use the Service.

The AA may amend the Terms related to the Services from time to time. Amendments will be effective upon the AA’s posting of such updated Terms on its website. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in the Privacy Policy located at https://aa.co.za/privacy-policy/.

 

1. The Service:

• The AA Designated Driver Service is a convenient and easy to use facility, designed to ensure that you will always arrive home safely after a night out. One simple call will book an AA Designated Driver team to meet you at your chosen venue, and at your requested time. Then you can sit back and rely on the AA to get you home (or to your chosen destination) in your own vehicle.
• The Services are made available solely for your personal, non-commercial use, and are provided by independent third-party contractors who are not employed by the AA.

 

2. Eligibility

• You are eligible to use the Designated Driver service on the basis that you have remaining trip entitlements based on the number of trips provided to you, and that you are traveling in your own licensed and roadworthy vehicle.
• You must be at least 18 years of age, and hold a valid driver’s licence?
• Accessing the Service To use the service, please call the AA Designated Driver call centre on 0861 466 444.
• By calling the call centre, you agree that you may be sent text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from the AA at any time. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

 

3. Entitlements

• Your AA Designated Driver package incorporates 1 trip per quarter of not more than 20km per trip.
• You have 4 Designated Driver services available per year. 1 per quarter
• Once you have utilised all your trips, additional trips will be charged at a rate per kilometre.
• You may not authorize third parties to use the benefits to which you are entitled are not transferrable, thus you must be the owner of the vehicle that will be used by the AA Designated Driver team to chauffeur you, your passengers and vehicle home safely.
• The AA reserve the right at any time to terminate your benefits under this service, at its absolute discretion

 

4. General

The service is provided on an “as is” and “as available” basis. While every attempt is made to ensure a quality service is provided, the AA makes no representation or warranty regarding the reliability, timeliness, quality, suitability or availability of the service or that the service will be uninterrupted or error free.  The AA does not guarantee the quality, safety or ability of the third- party providers. You agree that the whole risk arising from the use of the service remains solely with you.

 

You agree that:

• You will not hold the AA liable for any damage of whatsoever nature you may suffer as a result of using the Service or as a result of any failure by us to provide the Service.
• You irrevocably indemnify the AA (including its directors, employees and agents) against any claim for damages which may be instituted against it by any person arising out of or in connection with the Service or a failure to provide the Service.
• Should you have insurance cover in place in respect of your motor vehicle, this includes cover for drivers under the age of 25 and  you will notify your insurer in advance that you intend to make use of the Service.
• You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes
• You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party.

 

5. Disputes:

• Any dispute or claim arising as a result of the service may be submitted to AFSA for arbitration by an arbitrator chosen, in the absence of agreement between the parties within fourteen days, by the head of AFSA.
• The Arbitration Award shall be final and binding on the parties.

 

6. Enforcement

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.

 

7. Whole Agreement

These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”