Run Your Fleet Terms of Service

Welcome to Run Your Fleet!

Overview Our terms of service are broken up into 2 sections, the “Universal Terms” and the “Additional Terms”. We felt that it would be useful to provide a brief overview of these sections in plain English so you know what you are signing up for.

Universal Terms

This section refers to the minimum terms and conditions that you must agree to in order to access our range of services. These terms include our licence agreement so you can use our fleet management software and load your vehicle and driver details on to the system. It is also your agreement to pay to Multifleet Vehicle Management Ltd (t/a Run Your Fleet) the monthly membership fee, and the fees due for other services you choose to access.

Additional Terms

This section refers to the terms and conditions that you agree to should you choose to use the services defined in this section. These terms are split into schedules according to the main product definitions:

Schedule 1: Breakdown Assistance Breakdown Assistance is provided as an inclusive service with your service. For each vehicle that is registered for service you will be able to access breakdown services on a pay on use basis. You are able to upgrade service levels by individual vehicle to various levels of inclusive breakdown service. The levels of inclusive breakdown service available may vary from time to time, but current levels include roadside, UK wide recovery and Home Start, with further upgrades available for onward travel (48hr hire car) and European service. Additional levels are also available for minibuses and taxis. Further pay on use services are available for vehicles with a gross vehicle weight of more than 3.5t (we do not offer inclusive services for vehicles over 3.5t).

Our inclusive breakdown services are subject to a fair usage policy. This means that the use of the scheme is subject to a maximum number of attendances for your fleet. Currently the maximum number of permitted attendances is limited to the equivalent of 50% of the average total size of your fleet of vehicles subscribed under inclusive breakdown schemes on a rolling 12 month basis. For example, if you have a fleet of 20 vehicles subscribed for inclusive breakdown schemes then the total number of permitted breakdown attendances for your fleet will be 20 x 50% = 10 attendances. The maximum number of permitted attendances for any individual vehicle is 4 in any given 12 month period.

If your usage level exceeds 50% we will analyse the usage on a vehicle by vehicle basis, and will remove high usage vehicles from inclusive schemes to pay for use schemes. This will be done in consultation with you – our aim being to retain as many vehicles on inclusive

schemes whilst maintaining a usage level of less than 50%. Schedule 1 outlines your entitlement levels and how to access the services. It is also your agreement to pay fees to Run Your Fleet for upgrades and any costs incurred for the supply of parts or specialist services at the roadside (you agree a pre-authorised spend of £250 per incident).

Breakdown services will be provided by a reputable breakdown services provider appointed by Run Your Fleet. The supplier of these services will be clearly communicated to you, and Run Your Fleet reserves the right to review the supplier of these services and to change the supplier without notice, but will use best endeavours to notify you in writing 14 days before any change of supplier.

It is important to note that our inclusive breakdown schemes are provided to you on a service basis (and therefore subject to VAT) and not as an insurance policy. Run Your Fleet may choose to insure their risk under an insurance policy, but you will have no rights under any insurance policy held by Run Your Fleet.

You are able to add, delete and edit vehicles on your account through the use of your online dashboard. It is important to note that any changes made through your online dashboard will be communicated to our breakdown provider at midnight the same day – provided the changes have been made by 23:00hrs. Any changes made will take 48hr to become live with Run Your Fleets Service Provider. This is to prevent the misuse of the Run Your Fleet Roadside Assistance Service. Should you require assistance during the time in which the vehicle has been added to the system and the time in which it goes live with the Service Provider, assistance will be charged to you at the prevailing Pay on Use rates We have designed the Run Your Fleet Assistance service to be as flexible as possible. As such, for UK service levels there is a minimum term of just 1 calendar month as long as the vehicle has not accessed the service. Once a vehicle has used the service, then the minimum term automatically becomes 12 months in any annual period. Run Your Fleet European Assistance carries a minimum term of 12 months from the date of upgrade / introduction. After the first anniversary of the service level being selected, vehicles will be carry a rolling minimum term of 1 calendar month as long as the vehicle has not accessed the service. Once a vehicle has used the service, then the minimum term automatically becomes 12 months in any annual period.

Schedule 2: Accident Management

Schedule 2 provides details of our Accident Management Service. This schedule outlines your entitlement levels and how to access the services. In brief, our accident management experts will manage all aspects of your accident from first notification of the incident, vehicle repair, replacement vehicles, recovery of uninsured losses, and personal injury claims. And above all, we will get your vehicle back on the road as quickly as possible at the lowest possible cost.

Schedule 3: Provision of Rental Vehicles

Schedule 3 outlines the vehicle rental services available to you. If you have requested a hire car account, you will be able to take advantage of our specially negotiated discounts and priority availability. This schedule outlines how to go about reserving a hire car, and what your obligations are under this agreement (such as making sure that you have comprehensive insurance for each vehicle hired). It is also your agreement to pay Run Your Fleet for any rental fees and additional costs incurred (such as parking, speeding and congestion fines / charges).

Schedule 4: Provision of Maintenance Services

As part of your service, you are able to apply for a maintenance services account. This gives you access to a range of additional discounted services including (but not limited to):

• Vehicle repairs and servicing • Supply of tyres • Supply of windscreens

Any services used will be charged to your account and included in your monthly statement, with payment being taken as part of your regular monthly payment (direct debit unless otherwise agreed in advance). You will have a minimum of 5 days in order to query any charges.

You also agree to Run Your Fleet being able to authorise up to £300 of work without referring to you for authorisation.

In some cases we will charge a fee for accessing certain services. This is to cover the cost of administering the service and gives you access to our discounts and team of skilled technicians, who will asses the work required, liaise with the Service Provider and check your invoice, all to make sure that you are only paying for what you should be.

Schedule 5: Telematics

Run your Fleet also provide Telematics services available as a standalone or additional service to existing customers (branded as Run Your Tracking / Run Your Fleet Connect / Multifleet Connect). This can be ordered online and if so, the fixed charge monthly data cost (per vehicle) will also be charged to your account and included in your monthly statement, with payment taken as part of your monthly direct debit. The telematics device and installation charges (if applicable) are invoiced as a one off cost, appearing on the next monthly invoice, following installation.

Once installed, you will have access to an online account, where all features can be viewed and reports created. There is a minimum contract term as displayed on your RYF Dashboard, or detailed in the order schedule. At the expiry of the minimum contract term ownership of the telematics device transfers.

This device can be de-installed and reinstalled in another vehicle, before the end of the contract, for a small charge to yourself.

We hope you have found our overview useful. Below you will find all of the small print; please take time to read this carefully, and contact us should you have any questions:

1. Your relationship with Run Your Fleet

1.1 Your use of Run Your Fleets products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Run Your Fleet under a separate written agreement) is subject to the terms of a legal agreement between you and Run Your Fleet. “Run Your Fleet” means Multifleet Vehicle Management Ltd t/a runyourfleet.com, whose principal place of business is at Forward House, 17 High Street, Henley In Arden, Warwickshire B95 5AA, United Kingdom. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2 Unless otherwise agreed in writing with Run Your Fleet, your agreement with Run Your Fleet will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.

1.3 Your agreement with Run Your Fleet will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these are shown in annex 1 or will be accessible for you to read either within, or through your use of, that Service.

1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Run Your Fleet in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

2 Accepting the Terms

2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by Run Your Fleet in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that Run Your Fleet will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Run Your Fleet, or (b) you are a person barred from receiving the Services under the laws of the United Kingdom or other countries including the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.

3 Language of the Terms

3.1 Where Run Your Fleet has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Run Your Fleet.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4 Provision of the Services by Run Your Fleet 4.1 Run Your Fleet may from time to time have subsidiaries and affiliated legal entities

(“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Run Your Fleet itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

4.2 Run Your Fleet is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Run Your Fleet provides may change from time to time without prior notice to you.

4.3 As part of this continuing innovation, you acknowledge and agree that Run Your Fleet may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Run Your Fleets sole discretion, following a minimum notice period of 1 calendar month to you. You may stop using the Services at any time following an initial period of 1 calendar month. You need to inform Run Your Fleet when you intend to stop using the Services, and you are required to provide notice of 1 calendar month. Charges will continue to be incurred until all assets have been removed by you from the Services.

4.4 You acknowledge and agree that if Run Your Fleet disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

5 Use of the Services by you

5.1 In order to access certain Services, you may be required to provide information about yourself and the organisation you represent (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Run Your Fleet will always be accurate, correct and up to date.

5.2 Use of the services is subject to payment by you of the monthly services fee (otherwise referred to as the membership fee) per vehicle registered for the Services. Only vehicles registered to use the Services will be able to gain access to products and services available.

5.3 Payment of the monthly services fee will be by Direct Debit and will be payable not less than 5 working days after your monthly invoice has been sent to you, and no more than 14 calendar days from the date of the invoice.

5.4 Any fees due under the Additional Terms may form part of your monthly invoice in addition to any monthly fees, or may be raised separately, and will be paid by

Direct Debit or credit card on the due date.

5.5 Any invoice queries should be raised within 4 working days from the date of the relevant invoice.

5.6 If a Direct Debit or credit card payment request is not accepted by your bank, we will re- present our payment request within 3 working days. Any unpaid direct debit payments will incur an administrative charge of £25 + VAT for each failed presentation. We will attempt to contact you during this period in order to make you aware of the situation. Any subsequent failure to pay said invoice will result in the immediate suspension of all Services.

5.7 Default interest will accrue on a daily basis on any such amounts that are not settled within 14 days at a rate of 8% above the Bank of England’s base lending rate for the time being in force and will be compounded monthly.

5.8 Any charges and expenses which are incurred by Run Your Fleet to recover any unpaid debt are fully rechargeable to yourself.

5.9 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United Kingdom or other relevant countries).

5.10 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Run Your Fleet, unless you have been specifically allowed to do so in a separate agreement with Run Your Fleet.

5.11 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.12 Unless you have been specifically permitted to do so in a separate agreement with Run Your Fleet, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.13 You agree that you are solely responsible for (and that Run Your Fleet has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Run Your Fleet may suffer) of any such breach.

6 Your passwords and account security

6.1 You agree and understand that you are responsible for maintaining the confidentiality

of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to Run Your Fleet for all activities that occur under your account.

6.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify Run Your Fleet immediately by emailing: support@runyourfleet.com

mailto:support@runyourfleet.com

7 Privacy and your personal information

7.1 For information about Run Your Fleets data protection practices, please read Run Your Fleets privacy policy at http://www.runyourfleet.com/privacy-and-terms-conditions.aspx . This policy explains how Run Your Fleet treats your personal information, and protects your privacy, when you use the Services.

7.2 You agree to the use of your data in accordance with Run Your Fleets privacy policies.

8 Content in the Services

8.1 You understand that all information (such as data files, written text, computer

software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Run Your Fleet (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Run Your Fleet or by the owners of that Content, in a separate agreement.

8.3 Run Your Fleet reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

8.4 You agree that you are solely responsible for (and that Run Your Fleet has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Run Your Fleet may suffer) by doing so.

9 Proprietary rights

9.1 You acknowledge and agree that Run Your Fleet (or Run Your Fleets licensors) own

all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Run Your Fleet and that you shall not disclose such information without Run Your Fleets prior written consent.

9.2 Unless you have agreed otherwise in writing with Run Your Fleet, nothing in the Terms gives you a right to use any of Run Your Fleets trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Run Your Fleet, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Run Your Fleets brand feature use guidelines as updated from

http://www.runyourcars.com/privacy-and-terms-conditions.aspxhttp://www.runyourcars.com/privacy-and-terms-conditions.aspx

time to time. These guidelines are available by emailing: support@runyourfleet.com

9.4 Other than the limited license set forth in Section 11, Run Your Fleet acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Run Your Fleet, you agree that you are responsible for protecting and enforcing those rights and that Run Your Fleet has no obligation to do so on your behalf.

9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

9.6 Unless you have been expressly authorised to do so in writing by Run Your Fleet, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

10 Licence from Run Your Fleet

10.1 Run Your Fleet gives you a personal, worldwide, royalty-free, non-assignable and

non- exclusive licence to use the software provided to you by Run Your Fleet as part of the Services provided to you by Run Your Fleet (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Run Your Fleet, in the manner permitted by the Terms.

10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Run Your Fleet, in writing.

10.3 Unless Run Your Fleet has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

11 Content licence from you

11.1 You retain copyright and any other rights you already hold in Content which you

submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Run Your Fleet a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Run Your Fleet to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

mailto:support@runyourfleet.com

11.2 You agree that this licence includes a right for Run Your Fleet to make such Content available to other companies, organisations or individuals with whom Run Your Fleet has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

11.3 You understand that Run Your Fleet, in performing the required technical steps to

provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Run Your Fleet to take these actions.

11.4 You confirm and warrant to Run Your Fleet that you have all the rights, power and authority necessary to grant the above licence.

12 Software updates

12.1 The Software which you use may automatically download and install updates from time to time from Run Your Fleet. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Run Your Fleet to deliver these to you) as part of your use of the Services.

13 Ending your relationship with Run Your Fleet

13.1 The Terms will continue to apply until terminated by either you or Run Your Fleet as

set out below.

13.2 Save for Additional Services which may have an independent minimum initial period, you may terminate your legal agreement with Run Your Fleet, by providing 4 weeks’ notice, which may form part of an initial minimum period of 1 month by (a) notifying Run Your Fleet at any time and (b) closing your accounts for all of the Services which you use, where Run Your Fleet has made this option available to you. Your notice should be sent, in writing, to Run Your Fleets address which is set out at the beginning of these Terms or by email to: support@runyourfleet.com .

13.3 Run Your Fleet may at any time, terminate its legal agreement with you if:

(A) you have breached any provision of the Terms (or have acted in manner which

clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) Run Your Fleet is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) the partner with whom Run Your Fleet offered the Services to you has terminated its relationship with Run Your Fleet or ceased to offer the Services to you; or

(D) Run Your Fleet is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

mailto:support@runyourcars.com

(E) the provision of the Services to you by Run Your Fleet is, in Run Your Fleets opinion, no longer commercially viable.

13.4 Nothing in this Section shall affect Run Your Fleets rights regarding provision of Services under Section 4 of the Terms.

13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Run Your Fleet have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

14 Exclusion of Warranties

14.1 The Services are provided "as is" and Run Your Fleet, its Subsidiaries and

Affiliates, and its licensors give you no warranty with respect to them.

14.2 In particular, Run Your Fleet, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that:

(A) your use of the Services will meet your requirements,

(B) your use of the Services will be uninterrupted, timely, secure or free from error,

(C) any information obtained by you as a result of your use of the Services will be accurate or reliable, and

(D) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.

14.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.

14.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

15 Limitation of Liability

15.1 Nothing in these Terms shall exclude or limit Run Your Fleets liability for losses which may not be lawfully excluded or limited by applicable law.

15.2 Subject to overall provision in paragraph 15.1 above, Run Your Fleet, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for:

(A) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;

(B) any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of

any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;

(ii) any changes which Run Your Fleet may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);

(iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services;

(iii) your failure to provide Run Your Fleet with accurate account information; (iv) your failure to keep your password or account details secure and confidential;

15.3 The limitations on Run Your Fleets liability to you in paragraph 15.2 above shall

apply whether or not Run Your Fleet has been advised of or should have been aware of the possibility of any such losses arising.

16 Copyright and trade mark policies

16.1 It is Run Your Fleets policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of Run Your Fleets policy is available by emailing: support@runyourfleet.com

16.2 Run Your Fleet operates a trade mark complaints procedure in respect of Run Your Fleets advertising business, details of which are available by emailing: support@runyourfleet.com

17 Advertisements

17.1 Some of the Services are supported by advertising revenue and may display

advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

17.2 The manner, mode and extent of advertising by Run Your Fleet on the Services are subject to change without specific notice to you.

17.3 In consideration for Run Your Fleet granting you access to and use of the Services, you agree that Run Your Fleet may place such advertising on the Services.

18 Other content

18.1 The Services may include hyperlinks to other web sites or content or resources. Run Your Fleet may have no control over any web sites or resources which are provided by companies or persons other than Run Your Fleet.

18.2 You acknowledge and agree that Run Your Fleet is not responsible for the availability of

any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

18.3 You acknowledge and agree that Run Your Fleet is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or

mailto:support@runyourfleet.commailto:support@runyourfleet.com

existence of any advertising, products or other materials on, or available from, such web sites or resources.

19 Changes to the Terms

19.1 Run Your Fleet may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Run Your Fleet will email a copy to you and make a new copy of the Universal Terms available on your Run Your Fleet dashboard, and any new Additional Terms will be made available to you from within, or through, the affected Services where applicable. Run Your Fleet will provide reasonable notice (at least 14 calendar days) of any changes to these terms.

19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Run Your Fleet will treat your use as acceptance of the updated Universal Terms or Additional Terms.

20 General legal terms

20.1 Sometimes when you use the Services, you may (as a result of, or through your use of

the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

20.2 The Terms constitute the whole legal agreement between you and Run Your Fleet and govern your use of the Services (but excluding any services which Run Your Fleet may provide to you under a separate written agreement), and completely replace any prior agreements between you and Run Your Fleet in relation to the Services.

20.3 You agree that Run Your Fleet may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

20.4 You agree that if Run Your Fleet does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Run Your Fleet has the benefit of under any applicable law), this will not be taken to be a formal waiver of Run Your Fleets rights and that those rights or remedies will still be available to Run Your Fleet.

20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

20.6 You acknowledge and agree that each member of the group of companies of which Run Your Fleet is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

20.7 The Terms, and your relationship with Run Your Fleet under the Terms, shall be governed by English law. You and Run Your Fleet agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Run Your Fleet shall still be allowed to apply for

injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Annex I

Additional Terms Schedule 1

Run Your Fleet Assistance - Description and limitations of services

Run Your Fleet Assistance is provided to you as a service and is subject to the terms and conditions outlined below. For the avoidance of any doubt – Run Your Fleet Assistance is a service provided by Multifleet Vehicle Management Ltd and is not an insurance policy.

Multifleet Vehicle Management Ltd (t/a Run Your Fleet) may choose to be the holders of a Policy with the Insurers for the provision of Run Your Fleet Assistance. Multifleet Vehicle Management Ltd may use the Policy to satisfy its obligations to Authorised Drivers in the event that they suffer a Breakdown Incident. For the avoidance of doubt, Authorised Drivers shall not hold individual policies of insurance with the Service Provider or the Insurers, and in the event that they suffer a Breakdown Incident, Multifleet Vehicle Management Ltd will provide the Relevant Driver with roadside assistance.

In the event that Multifleet Vehicle Management Ltd choose to insure their risk for the provision of Run Your Fleet Assistance Serices, Multifleet Vehicle Management Ltd shall be insured by the Insurers. Multifleet Vehicle Management Ltd will not in any circumstances seek to mediate the Policy to any third party nor seek to enter third parties into insurance (or any other) relationships with the Insurers. Multifleet Vehicle Management Ltd may claim on the Policy in the event that any person to whom Multifleet Vehicle Management Ltd has provided a breakdown service (on a non-insured basis in order to meet its legal or contractual obligations in relation to vehicles which it has hired, leased or is fleet managing to such customers).

Definitions

The following definitions are used in the policy terms and conditions (applicable to UK and European Assistance)

“Service Provider” Appointed by Multifleet Vehicle Management in relation to Roadside

Assistance, Homestart and Relay. Currently Automobile Association Developments Limited and in relation to Relay Plus, Accident Management & European Assistance, Acromas Insurance Company Limited.

"Agent" any garage or other Service Provider appointed by the Service

Provider to act as its agent in the provision of certain roadside services.

“the Agreement” the Agreement between the Service Provider and Multifleet Vehicle

Management Ltd which sets out the terms of the policy which Multifleet Vehicle Management Ltd holds with the Service Provider.

“Breakdown” the unexpected complete immobilisation of the Relevant Vehicle due

to mechanical disruption, which affects the mobility or security of the Relevant Vehicle or renders it unsafe to drive.

“Customer” The owner or operator of the Relevant Vehicle

“Driver" or

“Authorised Driver” any person driving a Relevant Vehicle who:

(a) is doing so under the terms of a vehicle hire, lease or fleet management agreement with Multifleet Vehicle Management Ltd; and

(b) has the lawful authority to drive the vehicle

"Multifleet Vehicle Management Ltd Assistance" the breakdown services provided by the Automobile Association on

behalf of Multifleet Vehicle Management Ltd. They cover anyone authorised to drive the Covered Vehicle.

"Run Your Fleet Assistance" the breakdown services provided by the Automobile Association on

behalf of MULTIFLEET VEHICLE MANAGEMENT LTD (t/a Run Your Fleet). They cover anyone authorised to drive the Covered Vehicle.

“Home” the Authorised Driver’s permanent residential address in the UK or a

Multifleet Vehicle Management Ltd depot or such other location as Multifleet Vehicle Management Ltd may from time to time specify.

"Relevant Vehicle" any vehicle entitled to Run Your Fleet Assistance

"You" and "Yours" Multifleet Vehicle Management Ltd Limited and / or, as the context

requires, the Driver requiring assistance. Minimum Term All UK Run Your Fleet Assistance service levels have a minimum term per Relevant Vehicle of 1 calendar month where the service has not been used. Where the service has been used in any 12 month period by a Relevant Vehicle, then the minimum term for that Relevant Vehicle is 12 months from the anniversary of the vehicle becoming a Relevant Vehicle. All European Run Your Fleet Assistance levels have a minimum term per Relevant Vehicle of 12 months. If, after the passing of the first anniversary of the Relevant Vehicle being registered for European Run Your Fleet Assistance, the Relevant Vehicle uses the service, the Relevant Vehicle will be subject to a further 12 month minimum term until the anniversary of the Relevant Vehicle being registered for European Run Your Fleet Assistance. If a Relevant Vehicle is removed from the Run Your Fleet Assistance Service during the minimum term, all outstanding charges will be invoiced up to the anniversary date for the Relevant Vehicle being registered for the applicable service. Fair Usage Policy Fair usage levels apply to all Run Your Fleet Customers requesting service under their Run Your Fleet Assistance service. It is designed to help keep the service affordable by making sure that

high use by a minority of fleets is avoided. In order to monitor use of the breakdown service Run Your Fleet applies the following usage calculation:

For any fleet size, the equivalent of one breakdown per year for each of the Vehicles covered would represent a usage rate of 100%. For example, a fleet with 10 Vehicles, which has had 20 breakdowns within one year, would have a 200% usage rate. This calculation is not restricted to whole years, for example, a fleet with 10 Vehicles, which has had 20 breakdowns within six month, would be considered to have a 400% usage rate.

If you make any requests for service in excess of a fleet usage limit of 50% in a 12 month period (calculated as outlined above), Run Your Fleet will remove vehicles from inclusive breakdown schemes and offer a pay for use solution. This will be done on a “highest usage” basis at vehicle level in order to reduce the overall fleet usage to a level of less than 50%.

In addition, Run Your Fleet operates a fair usage policy on a vehicle by vehicle basis. Should service be requested and delivered for a single vehicle on more than four occasions within a 12 month period, Run Your Fleet will move the vehicle from Insured Cover to Pay For Use.

Account Facilities Run Your Fleet will recharge any additional costs incurred in the provision of services by the Service Provider as set out in this schedule. For clarity; in this schedule where it states that it is the responsibility of Multifleet Vehicle Management Ltd (or Run Your Fleet) to pay costs, then these costs will be paid for by Multifleet Vehicle Management Ltd and be recharged to you on account.

If you do not have account facilities with Multifleet Vehicle Management Ltd, or you have exceeded your credit limit, you will be required to meet these costs directly at the point of service.

Useful contact numbers and addresses

When calling for assistance, the driver must have the following to hand:

* Driver name and location. * Registration number and colour of your vehicle. * Make and model of your vehicle. * Description of the fault. * Vehicle mileage (if known). * A telephone number where you can be contacted.

UK Breakdown Assistance: 0800 107 5867 / 0800 975 8334 European Breakdown Assistance 00 800 33 22 88 77 European Breakdown Assistance (from a mobile phone) 00 33 825 87 89 83 European Breakdown Assistance 00 33 4 72 17 12 05 For reimbursement of expenditure within Europe, telephone the Supervisor, Purchase Ledger, Overseas Accounts Department, on 01256 493730

Run Your Fleet Assistance provides cover for the Relevant Vehicle regardless of who is driving, provided the vehicle is within the vehicle size and weight limits set out below:

Maximum Vehicle Weight All vehicles: 3.5 tonnes Gross Vehicle Weight

Maximum Vehicle Length Relay Service: 8m (26 ft)*

Maximum Vehicle Width Relay Service: 2.3m (7ft 6in)*

In addition, assistance will be provided for caravans or trailers on tow at the time of the breakdown provided that the GVW of the caravan or trailer does not exceed 3500kg (3.5 tonnes) and falls within the above limits for Relay service. A caravan or trailer with load of a length not exceeding 8m (26ft) will be recovered provided that this can be done safely under tow. The AA will seek to arrange, but will not pay for the recovery of any vehicle, caravan or trailer that exceeds any of these limits. (Please note that Relay does not cover the recovery of horses or livestock.)

UK Breakdown Assistance Services

What is covered • Roadside Assistance is available if the Relevant Vehicle is stranded on the highway more

than a quarter of a mile from a Customer depot or the Authorised Driver’s Home address following a breakdown of a Relevant Vehicle. The Service Provider will seek to affect a roadside repair if, in the reasonable opinion of the patrol or appointed agent, this can be achieved within a reasonable time.

• If, following a breakdown, a patrol or appointed agent cannot fix the Relevant Vehicle within a reasonable time, it will be taken to the nearest authorised repairer or, alternatively, to a local destination of the Driver’s choice, provided it is no further. It is then the Customers responsibility to instruct the repairer to make any repairs required. Any contract for repair will be between the Customer and the repairer, and it is the Customers responsibility to pay them, although Multifleet Vehicle Management Ltd may offer account facilities for the payment of such services. The Service Provider does not guarantee that any recovery to an appropriate authorised repairer will be within the opening hours of the repairer or that the repairer will be immediately available to undertake any required repair.

Message handling

• We will make a telephone call at the Authorised Driver’s request following a breakdown. What is not covered

• Roadside Assistance does not cover any additional transport or other costs that may be incurred, whether as a result of the Relevant Vehicle being towed or otherwise.

• Assistance following a breakdown attended by the police or other emergency service, until the services concerned have authorised the vehicle’s removal. If the police or emergency service concerned insist on immediate recovery by a third party, the cost of this must be met by the Customer, and Multifleet Vehicle Management may provide account facilities for this.

• Matters excluded under the Agreement and General Terms and Conditions of Run Your Fleet Assistance in the UK.

Homestart

What is covered

• Homestart provides assistance when a Relevant Vehicle is immobilised following a breakdown at or within a quarter of a mile of a Customer depot or the Authorised Driver’s home address.

• If a prompt local repair is not possible, the Relevant Vehicle will be taken to the nearest authorised repairer or, alternatively, to a destination of the Authorised Driver’s choice, provided it is no further. It is then the Customers responsibility to instruct the repairer to make any repairs required. Any contract for repair will be between the Customer and the repairer, and it is the Customers responsibility to pay them, although Multifleet

Vehicle Management Ltd may provide account facilities for these services. The Service Provider does not guarantee that any recovery to an appropriate local repairer will be within the opening hours of the repairer or that the repairer will be immediately available to undertake any required repair.

What is not covered

• Matters excluded under the Agreement and the General Terms and Conditions of Run Your Fleet Assistance in the UK.

Relay

What is covered • Relay is available following a breakdown of a Relevant Vehicle and the Service Provider

cannot arrange a local repair within a reasonable time. • Relay provides recovery of the immobilised Relevant Vehicle (including a caravan or

trailer which was on tow at the time, provided it is within the size limits), the driver and up to a maximum of seven passengers to a single destination of the Authorised Driver’s choice on the UK mainland or in Northern Ireland. If there are more people than the maximum allowed, the Service Provider will seek to arrange, but will not pay for, their onward transportation.

Note: After the Relevant Vehicle has been recovered, any subsequent repairs will be at the Customers cost. It is also the Customers responsibility to arrange and pay for the vehicle’s collection, should that be necessary.

What is not covered

• Relay will not be provided if we are able to arrange a prompt local repair within a reasonable time.

• A second or subsequent Relay, after the Relevant Vehicle has been recovered following a breakdown.

• The transport of immobilised vehicles where the Service Provider considers this to be part of a commercial activity, for example, to, from or for motor dealers or delivery companies.

• The transport of vehicles being used for racing, rallying, trials or time trials, auto tests or other motor sports events.

• The recovery of any vehicle that the Service Provider considers would be dangerous or illegal for the Service Provider to load or transport (including, but not limited to, overladen vehicles).

• Assistance following a breakdown attended by the police or other emergency service, until the services concerned have authorised the vehicle’s removal. If the police or emergency service concerned insist on immediate recovery by a third party, the cost of this must be met by you.

• Any incidental expenses that may arise during a recovery. The Service Provider cannot accept any costs for passengers who do not accompany the Relevant Vehicle while it is being recovered under Relay.

• The recovery of any vehicles bearing trade plates and/or which the Service Provider has reason to believe have just been imported or purchased at auction.

• The recovery of horses or livestock. • Ferry costs. • Matters excluded under the Agreement and the General Terms and Conditions of Run

Your Fleet Assistance in the UK. Onward Travel (Minibus Rescue only)

What is covered:

• Following a recovery under Relay, The Service Provider will arrange for the provision (via the Service Provider’s chosen supplier) of a replacement vehicle which is, in the Service Provider’s opinion, of a type and size suitable for carrying the number of passengers in the Covered Vehicle at the time of the breakdown. The total number of passengers is subject to a maximum of the number of fixed seats in the Covered Vehicle. Recovery will be provided for a single journey to one UK destination of the Driver’s choosing (which need not be the same as the destination to which the Covered Vehicle is recovered);

• A replacement minibus or midi coach will generally be provided with a driver. In this case the vehicle cannot be self-driven. Any replacement vehicle, whether a minibus, midi coach or otherwise which is provided together with a driver will be used to transport all persons who were travelling in the original vehicle (including their hand luggage) to a single UK destination (which need not be the same destination as that to which the original vehicle was recovered). The Service Provider will pay for the supply of the replacement vehicle (and its driver) to the chosen single UK destination. There shall be no entitlement in regard to any additional journeys which You, the Driver or anyone in the Driver’s party may wish to undertake;

• Except as provided below and, unless at the time of recovery the Service Provider specify otherwise, provision of a driver for the replacement vehicle (in which case the replacement vehicle may not be driven by You, the Driver or anyone else in the Driver’s party).

What is not covered: • Transportation of luggage in excess of reasonable hand luggage. Excess luggage

(which includes specialist sports/musical and other equipment) will be recovered with the Covered Vehicle. All luggage remains at the Driver’s risk at all times. It is the Driver’s responsibility to make sure it is packed and stowed safely and securely for recovery;

• A second or any subsequent journey (e.g. the return journey from the replacement vehicle’s destination or to the destination of the Covered Vehicle);

• The Service Provider will seek to provide a replacement vehicle similar to the Covered Vehicle wherever reasonably possible but are not obliged to provide a replacement vehicle on a ‘like for like’ basis. The Service Provider reserves the right to provide multiple vehicles and/or vehicles of different types and sizes. The Service Provider is not obliged to provide a replacement vehicle with a tow bar, even if the Covered Vehicle has one, but will seek to do so;

• The provision of service to any persons in excess of the number of seats fitted in the Covered Vehicle at the time of breakdown, or to anyone who was not travelling in the Covered Vehicle at the time of the breakdown (“Excess Passengers”). If there are Excess Passengers, the Service Provider will seek to arrange, but will not pay for, their onward transportation;

• Anything under the Relay exclusions listed above; • Anything under the General Exclusions and General Terms and Conditions.

Please note: Where a vehicle with driver is not available, a replacement self-drive vehicle will be supplied to You/ the Driver by the Service Provider’s chosen suppliers. The vehicle hire agreement will be between You/ the Driver and the relevant supplier and will be subject to that supplier’s Terms & Conditions. These will usually require or include (amongst other things):

• Production of a full driving licence valid at the time of issue of the hire vehicle; • Limits on acceptable endorsements; • Limitations on the availability and/or engine capacity of the replacement vehicle; • A cash or credit card deposit e.g. for fuel; • Drivers to be aged at least 18 years and to have held a full driving licence for at least 12

months.

Relay Plus

What is covered:

• Relay Plus is only available if it is included in your package (see page 11); and if the Relay Plus cover has been paid for at least 24 hours before the breakdown occurred;

• Relay Plus is available if Your Vehicle is immobilised following a breakdown which the Service Provider has attended under Roadside Assistance or Home Start and where the Service Provider cannot arrange a prompt local repair.

• Customers with Relay Plus may choose from one of the following: o a replacement vehicle o overnight accommodation o public transport costs

What is not covered:

• Relay Plus cannot be provided retrospectively; • Relay Plus is not available following an accident (see General Terms and Conditions, clause

2) Relay Plus benefit options A: Replacement vehicle What is covered:

• This benefit consists of arranging and paying for a replacement mid-range saloon or hatchback type car with engine capacity of up to 1,600cc, plus insurance for up to 48 hours from a Service Provider chosen supplier. Where possible, and unless the receipt of the hire vehicle is delayed at the Driver’s request and with the Service Provider’s agreement, the Service Provider will arrange for any replacement vehicle to be provided by the supplier around the time and point of the relevant breakdown. If the hire vehicle is not taken at that time, the Driver is responsible for arranging delivery direct with the relevant supplier. The Service Provider may be prepared to assist in the making of these arrangements.

What is not covered: • Other charges arising from the Driver’s use of the hire vehicle, such as (without limitation)

fuel costs, any insurance excess charges, and charges arising if the Driver keeps the vehicle for more than 48 hours;

• Replacement vehicles cannot be supplied with a tow bar, and therefore the Driver’s caravan or trailer will have to, if eligible, be recovered under Relay with Your Vehicle.

Please note: Replacement cars are supplied to You/ the Driver by the Service Provider’s chosen suppliers. The vehicle hire agreement will be between You/ the Driver and the relevant supplier and will be subject to that supplier’s Terms & Conditions. These will usually require or include (amongst other things):

• Production of a full driving licence valid at the time of issue of the hire vehicle; • Limits on acceptable endorsements; • Limitations on the availability and/or engine capacity of the replacement vehicle; • A cash or credit card deposit eg for fuel; • Drivers to be aged at least 18 years and to have held a full driving licence for at least 12

months. OR

B: Public transport costs The Service Provider will reimburse reasonable public transport costs incurred by the Driver and up to a maximum of seven passengers (see General Terms and Conditions clause 1g) in travelling to a single UK destination. Claims should be made in writing and sent together with proofs of purchases and receipts to: the AA, Relay Plus Claims, Agency Accounts, Fanum House, Basingstoke, Hampshire RG21 4EA. OR C: Overnight accommodation The Service Provider will arrange and pay directly for one night’s bed and breakfast on the day of the breakdown at a hotel of its choice for the Driver and up to a maximum of seven passengers. Please note that any additional costs incurred during overnight accommodation such as other meals, drinks, telephone calls and newspapers are not included. You must settle these direct with the hotel before leaving.

General Terms and Conditions

General exclusions 1. Run Your Fleet UK Assistance does not provide for:

• Any vehicle servicing or re-assembly for example For example, where this is required as a result of neglect or unsuccessful work on the Covered Vehicle (including, but not limited to, DIY vehicle maintenance) other than on the part of the Service Provider or its agents;

• Garage labour costs The cost of garage or other labour required to repair the Covered Vehicle, other than that provided by the Service Provider or its agents at the scene of the breakdown or accident;

• Fuel draining Any costs of draining or removing fuel, lubricants or other fluids as a result of the introduction of an inappropriate substance. In the event of the introduction of an inappropriate substance which results in the need to drain or remove fuel, lubricants or other fluids, the only recovery the Service Provider will make available to you will be to arrange for Your Vehicle, the Driver and up to seven passengers to be taken to the Service Provider’s choice of relevant local repairer or another location of your choice, provided it is no further, but you will have to pay for any work required;

• Failure to carry a serviceable spareAny additional charges resulting from Your failure to carry a legal and serviceable spare wheel(s) or tyre(s), except where this is not provided as manufacturer’s standard equipment. The Service Provider will endeavour to arrange on your behalf, but will not pay for, assistance from a third party;

• Having Your Vehicle stored or guarded in Your absence; • Vehicles on private property The provision of service when the Covered Vehicle is on

private property e.g. garage premises, unless it can be established that the Driver has the permission of the owner or occupier;

• Excess passengers The provision of service to or for any persons in excess of the number of seats fitted in the vehicle at the time of breakdown, or to anyone who was not travelling in the relevant vehicle at the time of the breakdown. If there are more people than the maximum allowed, the Service Provider will seek to arrange, but will not pay for, their onward transportation;

• Ferry, toll charges etc Any ferry, toll or congestion charges incurred in connection with Your Vehicle as a result of it being recovered;

• Recovering vehicles from trade or auction The recovery of any vehicles bearing trade plates or which the Service Provider has reason to believe have just been imported or purchased at auction;

• Transporting from trade premisesThe transportation of immobilised vehicles where the Service Provider considers this to be part of a commercial activity, for example, to, from or for motor dealers or delivery companies;

• Locksmiths, tyre, glass or bodywork specialists costsThe cost (including any call-out charge) of any locksmith, body-glass or tyre specialist, should the Service Provider consider this to be required. The Service Provider will endeavour to arrange this help on Your/ the Driver’s behalf, however it will not pay for these specialist services and any contract for services provided will be between You/ the Driver and the relevant specialist. If, in the Service Provider’s reasonable opinion, the Covered Vehicle requires recovery to such a specialist to be mobilised and, to effect that recovery, specialist lifting equipment not normally carried by Service Provider patrols is required, the Service Provider will arrange the recovery but at Your cost. If use of a locksmithor other specialist would, in the Service Provider’s opinion, mobilise the Covered Vehicle, no further service will be available for the breakdown in question;

• Specialist lifting equipment The cost of any specialist lifting equipment (not normally carried by Service Provider patrols), if this is, in the view of the Service Provider, required to provide assistance e.g. when a Vehicle has left the highway, is standing on soft ground or is stuck in snow or floodwater. In these instances the Service Provider will arrange recovery but at Your cost. Once the vehicle has been recovered to a suitable location, normal service will be provided;

• Transporting animals The transportation or arrangement of the transportation of any animal (guide dogs or hearing dogs to be transported together with their owner, where the Service Provider will provide transportation unless this is not possible for health and/or safety reasons). The Service Provider will not recover horses or livestock. If the Service Provider does, at its absolute discretion, agree to transport an animal, then this will be at Your/ the Driver’s own risk. It is the Driver’s responsibility to secure any animal being transported or to make alternative arrangements for its transportation;

• Participating in sporting events Assistance for vehicles broken down as a result of 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, the Service Provider does not consider ‘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, to be Motor Sports Events.

2. Run Your Fleet UK Assistance reserves the right not to provide for any vehicle recovery

following an accident. The Service Provider may, if requested, be prepared to provide recovery following an accident but, if so, Run Your Fleet reserves the right to recharge the person making the request the Service Provider’s charges for this assistance (including, but not limited to, any charges relating to any specialist equipment used). If Your Run Your Fleet service includes Accident Management please refer to Accident Management Terms and Conditions. If following an accident, one of the Relay Plus or Onward Travel services is required (and You have Relay Plus or Onward Travel), the Service Provider may, again, be prepared to arrange this but Run Your Fleet reserves the right to recharge any costs incurred. You must pay, on request, any applicable charges. You must give the Service Provider, on request, any relevant information it reasonably requests in regard to all matters referred to in this clause. Please note that, following an accident, or otherwise, it is and remains the Driver’s responsibility to ensure that any requirements of the relevant motor insurer are properly complied with when making a claim under the relevant motor insurance policy.

Exclusions and Limitations

1. Run Your Fleet Assistance is designed to provide emergency breakdown and Relay facilities;

its availability does not remove the need to keep the Relevant Vehicle properly maintained and serviced.

2. The Service Provider is entitled to refuse service in certain circumstances: for example,

should the vehicle be ineligible for Run Your Fleet Assistance. Attendance will also be declined in non-emergency situations where the vehicle is still mobile and the journey can be continued both legally and in safety.

3. In the event of a breakdown and help is needed, always contact Run Your Fleet Assistance

direct. Garages approached independently will expect payment and subsequently the Customer will have to settle the bill and the Service Provider or Multifleet Vehicle Management Ltd will be under no obligation to reimburse the Customer.

4. It is the vehicle operators responsibility to ensure that any temporary repairs carried out by

the Service Provider to mobilise the vehicle are followed as soon as is possible by a permanent repair.

5. The Service Provider vehicle breakdown assistance services are only available to motor

vehicles up to a maximum weight limit of 3500Kg (3.5 tonnes) gross vehicle weight (“gvw”). Caravans or trailers being towed at the time of the breakdown will be recovered along with the Relevant Vehicle (if appropriate) towing them providing the gvw of the caravan or trailer does not exceed 3.5 tonnes. There are additional length and width restrictions under Relay service. Maximum vehicle length, 26 feet (8m), Maximum Vehicle Width, 7 feet 6 in (2.3m). In addition, assistance will be provided for caravans or trailer on tow at the time of the breakdown, provided that they fall within the above limits for Relay service. A caravan or trailer of a length of greater than 18ft (5.5m) but not exceeding 26ft (8m) will be recovered provided that this can be done safely under tow.

6. If Run Your Fleet Assistance eligibility cannot be validated at the time of a request for service,

the Authorised Driver may be asked to complete and sign a "Promise to Pay" form in relation to the repayment of the cost of any service provided if eligibility cannot subsequently be validated.

7. The Service Provider reserves the right to refuse to provide or arrange vehicle assistance

services if the Authorised Driver is not present at the time of the incident and/or is unable to be present at the time assistance arrives.

8. Run Your Fleet or the Authorised Driver (as appropriate) will be required to pay for any

consumables that the Service Provider or our appointed agents provide. 9. The Service Provider will not carry out vehicle servicing or vehicle reassembly, for example,

where they are required as a result of neglect and unsuccessful work on the vehicle other than on the part of the Service Provider or its agents.

10. Service Provider patrols are trained and equipped to carry out emergency roadside repairs

and are not in a position, and should not be expected, to comment on the general safety or roadworthiness of a vehicle after a breakdown, accident or emergency repair. In addition, completion of an emergency repair cannot be taken to signify, or in any way guarantee, the general roadworthiness of the vehicle concerned. However, the Service Provider reserves the right to refuse service where, in the opinion of the patrol or garage agent, the vehicle concerned was, immediately before the incident, dangerous, over laden or unroadworthy or the giving of service would involve any breach of the law (including, but not restricted to, any breach of road traffic regulations or health and safety provisions), or there has been an

unreasonable delay in reporting the breakdown. 11. Where service has been refused as a result of the Relevant Vehicle being deemed

dangerous, over laden or unroadworthy, the Service Provider will endeavour to arrange assistance on Run Your Fleet’s behalf but will not pay for this service.

12. Run Your Fleet Assistance - what is not covered:

• Routine maintenance and running repairs, such as fixing faulty radios, interior light bulbs, heated rear windows;

• The cost of spare parts, petrol, oil, keys, or other materials and garage or other labour required to repair the Relevant Vehicle;

• Attendance in relation to, and any costs or charges connected with the drainage or other removal of fuel, lubricants or other fluids due to the introduction of an inappropriate fluid. It is the Customers responsibility to instruct the repairer as to the work required. Any contract for repair will be between the Customer and the repairer;

• Any additional charges resulting from failure to carry a legal and serviceable spare wheel(s) or tyre(s) in the vehicle. The Service Provider will endeavour to arrange assistance from a third Party but will not pay for the cost of the call out or any repair. All other costs are Your responsibility;

• Vehicles not displaying a valid road fund licence; • Having the vehicle stored or guarded in the absence of the driver; • Providing service to the vehicle when it is on private property, for example garage premises.

The Service Provider will be entitled to refuse service unless the Authorised Driver can establish to its satisfaction that permission has been given by the relevant owner or occupier;

• Any personal transportation costs; • Any ferry or toll charges levied on relation to the vehicle which is being towed or recovered; • Lost or stolen keys, or when the keys have been locked in the Relevant Vehicle.

13. Assistance will be provided for no more people than the legal seating capacity of the Relevant

Vehicle up to a maximum of eight people (including the driver) for eligible car, van and MPV’s; maximum of seventeen people for eligible minibuses, provided that such people were traveling in the Relevant Vehicle at the time of the breakdown.

14. The Service Provider reserves the right to refuse service where it is requested to deal with the

same or a similar fault or cause of breakdown to that attended to in regard to the same vehicle within the preceding 28 days. It is the Customers responsibility to make sure that emergency repairs carried out by the Service Provider are, where appropriate, followed as soon as possible by a permanent repair. If the Service Provider has cause to believe that Run Your Fleet Assistance is being over used in relation to a fault or cause of breakdown which the Service Provider have attended on previous occasions, it will report the matter to Run Your Fleet, who will make a decision as to whether future assistance will be provided until such time as a permanent repair is carried out. Nothing in this provision shall affect any rights in relation to any negligence or breach of contract or breach of any other legal duty on the part of the Service Provider or its agents.

15. The Service Provider is not under any obligation to transport or to arrange the transport of

any animal. If the Service Provider or its agents, at their discretion, agree to transport an animal, then any such transport will be at the Authorised Driver’s own risk. It is the Authorised Driver’s responsibility to secure any animal being transported or to make alternative arrangements for its transportation.

16. The Service Provider has the right, at any time to refuse or cancel service to, or to refuse to

arrange service for, any person otherwise entitled to assistance for the Relevant Vehicle where it reasonably considers that they or anyone accompanying any such person:

(a) is behaving or has behaved in a threatening or abusive manner to Service Provider employees, patrols or agents, or to any third party contractor;

(b) has falsely represented that they are entitled to services which they are not entitled to; or

(c) has assisted another person in accessing Run Your Fleet services to which they are not entitled; or

(d) owes Run Your Fleet money with respect to any services, spare parts or other matters provided by us or by a third party on our instruction.

17. If the Service Provider considers that a locksmith, body-glass or tyre specialist is needed, it

will endeavour to arrange their help on the Customers behalf, however, the Service Provider will not pay for their services and the contract for repair will be between the Customer and the repairer. Further, if use of a locksmith or other specialist would, in the Service Provider’s opinion, mobilise the vehicle, no further service will be available for the breakdown in question.

18. If specialist equipment (not normally carried by patrols) is in the Service Provider’s view,

required to provide assistance when a Relevant Vehicle is on the highway and requires assistance or has left the highway, 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, we will arrange recovery but at Your cost. Once the Relevant Vehicle has been recovered to a suitable location, normal service will be provided in keeping with Run Your Fleet Assistance.

19. The Service Provider will not provide service where this is requested in regard to the Relevant

Vehicle which requires service by reason of, or immediately following, participation in any racing, rallying, trials or time-trials, auto test or other motor sports event (“Motor Sports Event”). However, for the avoidance of doubt, the Service Provider does not consider the following activities to be Motor Sports Events, and thus will provide service to a participating registered vehicle if properly requested:

a) “concours d’elegance” events b) Track test days for road-legal vehicles; c) Rallies held exclusively on open public highways where participants are required to

comply with all operative speed limits. Roadside Assistance in Europe

European Assistance is arranged (on behalf of Multifleet Vehicle Management Ltd) by Automobile Association Insurance Services Limited, which is an insurance intermediary, authorised and regulated by the Financial Conduct Authority. Registered Office: Fanum House, Basing View, Basingstoke, Hampshire RG21 4EA. Registered in England number 2414212. Underwritten by Acromas Insurance Company Limited. Acromas Insurance Company Limited is authorised and regulated by the Commissioner of Insurance, Financial Services Commission, Gibraltar, and regulated by the Financial services Authority, United Kingdom. Registered office: 57 – 63 Line Wall Road, Gibraltar (Registered number 88716 (Gibraltar)). ). UK branch address: Enbrook Park, Sandgate, Folkestone CT20 3SE. Acromas Insurance Company Limited is authorised by the Financial Services Commission, Gibraltar. Acromas Insurance Company Limited is a member of the Association of British Insurers. References to ‘the AA’ or ‘the Automobile Association’ in this booklet are to Automobile Association Insurance Services Limited, which acts as agent of Acromas Insurance Company Limited. Service provided by ARC Transistance. For the avoidance of doubt, Authorised Drivers or Customers shall not hold individual policies of insurance with the Service Provider or the Insurers, and in the event that they

suffer a Breakdown Incident, Multifleet Vehicle Management Ltd will provide the Relevant Driver with roadside assistance in Europe.

Important Limitations of Service There are differences between the service Run Your Fleet Assistance will provide within the UK and the service provided by Run Your Fleet European Assistance. These include: 1. Run Your Fleet European Assistance will usually be provided through a garage or, if in

countries where a sister motoring organisation (to the Service Provider) operates, a local patrol may assist.

2. European garage mechanics and patrols are unlikely to speak English. 3. National holidays and working hours vary throughout Europe. 4. Third party agents including garages, repairers, recovery operators, car hire companies,

etc are not approved by the Service Provider and do not act as agents of the Service Provider.

5. The Service Provider cannot be held liable for any acts or omissions of any such garages or other third parties.

6. Any goods being carried remain the responsibility of the Authorised Driver. 7. Relevant Vehicles which are recovered will usually be brought back unaccompanied. 8. Vehicle recovery from Western Europe will take on average 8-14 days. At busy periods and

from further destinations, recovery may take longer. Geographical limits Run Your Fleet European Assistance applies within the following geographical limits within which the Relevant Vehicle and the Authorised Driver must stay together. Assistance will not be provided outside of these geographical limits.

Isle of Man, Channel Islands, Republic of Ireland, all islands of the Mediterranean (excluding Northern Cyprus) and the following countries of mainland Europe: Andorra, Austria, Belgium, Bosnia Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, Finland, France, Germany, Gibraltar, Greece, Hungary, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden and Switzerland. Cover does not apply to territories beyond mainland Europe.

We reserve the right to amend the geographical limits of cover in the event of war, civil disturbance, riot or radioactive contamination.

Additional Definitions

Authorised Driver’s Party the people accompanying the Authorised Driver in the

Relevant Vehicle on the Trip up to a maximum of seven people for eligible car, van and MPV’s; maximum of sixteen people for eligible minibuses (plus the Authorised Driver).

The Trip the journey overseas with the Relevant Vehicle within the

Period, starting and ending in the UK. The Service Provider will only cover the Relevant Vehicle within the UK for a direct journey to or from the seaport or Eurotunnel terminal.

Period any number of journeys taken within the duration of the

Relevant Vehicle’s Run Your Fleet European Assistance entitlement provided that each individual trip does not exceed a maximum of 90 days.

Vehicle Weight, Size and Other Restrictions for Run Your Fleet European Assistance

All Relevant Vehicles must be built to manufacturer’s specifications, hold a current MOT Certificate (where required), hold appropriate insurance for circulating overseas, be in a roadworthy condition at the start of the Trip and used for private purposes or business use only.

The Service Provider reserves the right to require an inspection of the vehicle to confirm its roadworthiness. The Service Provider will not cover personal effects/goods/vehicles/boats or other waterborne craft on or in the Relevant Vehicle or trailer nor consider any consequential loss. These remain the Authorised Driver’s responsibility at all times. Any type of vehicle or trailer not mentioned above is not covered.

Vehicle occupants

Maximum of 8 persons for eligible car, van and MPV’s ; Maximum of 17 persons for eligible Minibuses including the Authorised Driver and infants but limited to the maximum number of persons the Relevant Vehicle is designed to carry and for whom there are fixed seats and restraints.

Weight and size restrictions of Relevant Vehicles:

Maximum vehicle weight: 3.5 tonnes (3500kgs) gross vehicle laden weight Maximum vehicle length: 8m (26ft) Maximum vehicle width: 2.3m (7ft 6in) Maximum vehicle height: 3m (9ft 10in)

The Relevant Vehicle and the Authorised Driver must comply with legislation as to vehicle types, weight and dimensions which apply in the countries being visited and the Service Provider cannot be liable for any loss whatsoever because the Relevant Vehicle cannot be imported into or used in overseas countries, due to its type, weight and/or dimensions.

If the Relevant Vehicle is stranded on the highway as a result of a Breakdown, Run Your Fleet European Assistance will provide, within the Geographical Limits, subject to all relevant terms, conditions and exclusions contained in these terms and conditions, for the arrangement of emergency roadside assistance and, where appropriate, vehicle recovery to the UK, emergency alternative travel or emergency accommodation assistance and legal protection for the Authorised Driver and the Authorised Driver’s Party. THE OVERALL CLAIM LIMIT FOR Run Your Fleet EUROPEAN ASSISTANCE IS £2,500 PER PARTY, PER TRIP.

Roadside assistance and emergency repair

WHAT IS COVERED The Service Provider will arrange emergency help for the Authorised Driver and cover costs for roadside assistance or towage to a local repairer.

Note: all costs met under this Section form part of the relevant overall claim limit.

WHAT IS NOT COVERED 1. The cost of any replacement part, tyres, body glass, fuel, lubricants or other fluids, keys or

other materials. 2. Any costs for a locksmith, body glass, tyre or other specialist. If the Service Provider considers

that their services are needed, the Service Provider will seek to arrange this on the Customers behalf, but will not pay for the cost of the call out or any repair.

3. Routine maintenance and non-emergency repairs such as radios, CD players and heated rear windows.

4. Any non-essential repairs, damage to paintwork or other cosmetic repairs, or air conditioning or climate control faults which do not affect the mobility or security of the Relevant Vehicle nor render it unsafe to drive.

5. Any costs incurred because the Relevant Vehicle / Authorised Driver is not carrying a spare

set of vehicle keys, a legal and serviceable spare wheel(s) and tyre(s) or an "instant mobility system" where this is supplied with the Relevant Vehicle.

6. Any costs covered under the Relevant Vehicle’s warranty. 7. The cover is not available to Relevant Vehicles which are overloaded, used in rallying, off-road

driving or in the Nürburgring or for motorsports. It may not be used in place of regular servicing. 8. Any matter excluded under the Agreement and the Run Your Fleet European Assistance

General Terms and Conditions, for example, but without limitation, any emergency assistance required following breakdown where the need for such assistance arises in the circumstances specified in clause 4 of the Run Your Fleet European Assistance General Terms and Conditions.

NOTES a. The Service Provider will only seek to arrange a guarantee of costs within the limits of Run

Your Fleet European Assistance and the Customer will have to pay the repairing garage for extra costs or the costs of parts.

b. If the Authorised Driver is not the owner of the vehicle, any repairs must be authorised by Run Your Fleet in consultation with the Customer.

c. Repair costs can vary from those in the UK and may be more expensive. d. Before taking the Relevant Vehicle away from the garage, the Authorised Driver should

check the work carefully to make sure it is satisfactory. Report any problem immediately, while you are still overseas, as it may be very difficult to have a faulty repair corrected or to get any redress after the bill has been paid and the Relevant Vehicle has returned to the UK.

e. If the garage cannot complete the repairs within 24 hours or until after the date on which the Authorised Driver planned to return Home, the Service Provider should be contacted to discuss the options.

f. If the Relevant Vehicle has left the highway and assistance is requested when it is in a ditch, standing on soft ground, sand or shingle, or stuck in water or snow, any recovery to a place of safety the Service Provider arranges will be at the Customers cost.

g. The Customer should notify the Relevant Vehicle’s insurer or warranty company of any claim under this section where it is possible that costs may be recoverable either fully or in part from them.

h. The Service Provider reserves the right to refuse to provide or arrange breakdown assistance services if the Authorised Driver is not present at the scene of the breakdown. If the Service Provider cannot arrange for a garage to accept our guarantee of costs, the Service Provider will ask Run Your Fleet and reclaim insured costs when the Authorised Driver returns Home.

i. The Service Provider cannot guarantee that any tow to a local repairer will be within opening hours or that the repairer will be available to undertake any necessary repair immediately.

j. Please note the Limitations of Service regarding the nature of the Service Provider’s relationship with the third party Service Providers such as garages, repairers and recovery agents.

k. If the Customer insists on authorising lengthy or expensive repairs contrary to advice, the Service Provider reserves the right to refuse any further service.

l. Recovery from French motorways cannot be arranged by the Service Provider, as these roads are privately owned. In the event that assistance is required, the Authorised Driver must contact the dedicated motorway services and telephone Run Your Fleet European Assistance for further help once towed off the motorway / service area.

Location and despatch of spare

parts WHAT IS COVERED

The cost of the location and delivery costs of spare part(s) needed to complete repairs overseas. Note: all costs met under this section form part of the overall claim limit.

WHAT IS NOT COVERED 1. The cost of replacement part(s), tyres, body glass, fuel, lubricants or other fluids, keys

or other materials. 2. Any costs for a locksmith, body glass, tyre or other specialist. If the Service Provider

considers that their services are needed we will seek to arrange this on behalf of the Customer, but will not pay for the cost of the call out or any repair, or any replacement part(s).

3. Any costs incurred because the Relevant Vehicle is not carrying a spare set of vehicle keys, a legal and serviceable spare wheel(s) and tyre(s) or an “instant mobility system” where this is supplied with the Relevant Vehicle.

4. Anything mentioned as not covered under Section 1 Roadside Assistance and Emergency Repair.

5. Any costs covered under the Relevant Vehicle’s warranty. 6. Any matter excluded from cover under the Agreement and the Run Your Fleet European

Assistance General Terms and Conditions, for example, but without limitation, any emergency assistance required following breakdown where the need for such assistance arises in the circumstances specified in clause 4 of the Run Your Fleet European Assistance General Terms and Conditions.

NOTES a. The Service Provider is not liable for local variations in the cost of spare parts located

overseas. b. Standard UK spare parts may not be available locally and delays may occur in location and

delivery from the UK. c. The Authorised Driver must pay for any spare part(s) at the time they are ordered for the

Relevant Vehicle. d. The Service Provider cannot guarantee that spare part(s) will be available, especially for older

vehicles, where parts may be impossible to locate. Emergency car hire and alternative travel arrangements If the repairer estimates that the repairs to the Relevant Vehicl