Tuesday 15 November 2011

General rights to refuse service

Please note: if a Member is refused service by the AA the Member has the right to an explanation in writing (see “Compliments and complaints” for Member Relations contact details).

3. The AA reserves the right to refuse to provide or arrange breakdown assistance under the following circumstances:

a. Repeat breakdowns within 28 days
Where service is requested to deal with the same or similar cause of breakdown to that which the AA attended within the preceding 28 days. It is Your responsibility to make sure that emergency repairs carried out by the AA are, where appropriate, followed as soon as possible by a permanent repair. Nothing in this provision shall affect any rights You may have in relation to any negligence or breach of contract or breach of any other legal duty on the part of the AA or its agents;

b. Unattended vehicles
You are not with Your Vehicle at the time of the breakdown and You are unable to be present at the time assistance arrives;

c. Unsafe or unroadworthy vehicles
Where in the AA’s reasonable opinion, Your Vehicle was, immediately before the relevant breakdown or accident, dangerous, overladen, unroadworthy or otherwise unlawful to use on a public road;

d. Assisting where unsafe or unlawful activities
In the AA’s reasonable opinion, and other than solely as a result of a failure on the part of
the AA, the giving of service would involve a breach of the law (including, without in any
way restricting the type of breach being referred to under this sub-clause, a breach of the AA’s health and safety duties);

e. Delay in reporting
In the AA’s reasonable opinion, there has been an unreasonable delay in reporting the breakdown;

f. Cannot verify Membership
Where You cannot produce a valid Membership card (or appropriate receipt) and some other form of identification. If these cannot be produced, and the AA is unable to verify that the appropriate Membership entitlement is held, the AA reserves the right to refuse service.

However if you are unable to prove entitlement to service or you are aware that you do not
hold entitlement to an AA service, the AA may, at its discretion, offer service on the
immediate payment (by credit, debit or switch card) of the usual premium for the relevant
cover required, plus a supplementary premium for joining while already requiring assistance.

The premium paid will be fully refunded if it can be established to the AA’s reasonable
satisfaction that the relevant level of service entitlement was held at the time of the breakdown. (For information, please see section 4 of the AA Membership Arrangement and Administration Contract, for AAIS’s fees in the event of refund).

Any services provided under Stay Mobile must be paid for in advance by You and will be fully refunded if it can be established to the AA’s reasonable satisfaction that entitlement to Stay Mobile was held at the time of the breakdown. Without prejudice to Your statutory rights, no refunds will be given if Membership entitlement cannot be proved, or simply because Your Vehicle cannot be fixed at the roadside;

g. Unreasonable behaviour
Where the AA reasonably considers that You:
(i) or anyone accompanying You, is behaving or has behaved in a threatening or abusive manner to AA employees, Patrols or agents, or to any third party contractor; or
(ii) have falsely represented that You are entitled to services that You are not entitled to; or
(iii) have assisted another person in accessing AA services to which they are not entitled; or
(iv) owe the AA money with respect to any services, spare parts or other matters provided by the AA or by a third party on the AA’s instruction.

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