Terms and conditions for the ŠKODA Real Life Test Drive

Transcription

1 Terms and conditions for the ŠKODA Real Life Test Drive 1 ŠKODA Real Life Test Drive offer ( Test Drive Promotion ) demonstration vehicles, an Octavia Estate SE L and a Superb Hatch L&K (The Car) are available for an up-to 3 day test drive ( Test Drive ) from participating ŠKODA dealers from 12th June 2017 until 10th September In these Real Life Test Drive Conditions, you means you, the driver wishing to participate in a Test Drive and we means the participating ŠKODA retailer from which you obtain the Car for your Test Drive. 2 Driver eligibility 2.1 To qualify for a Real Life Test Drive, you must: (e) (f) (g) be aged 21 years old or over to drive the Octavia Estate SE L or 25 years old or over to drive the Superb Hatch L&K 2.0TSI 220PS be a permanent UK resident; hold a full, valid UK, EU or EEA driving licence and have held it for at least 12 months prior to your Test Drive; have no more than six penalty points on your driving licence (or equivalent if your driving licence is not a UK driving licence) in the last five years; have no convictions (or endorsements, prosecutions or police enquiries pending) in relation to driving in the last 5 years (other than a speeding offence for which points were the only penalty); have had no more than two driving accidents (whether your fault or the fault of the other driver) in the last five years; not have been subject to a driving disqualification (whether currently or at any time in the past). 2.2 You must immediately notify us in writing if, prior to your Real Life Test Drive, you no longer fulfil the requirements set out in clause Collection and return of the Car 3.1 The Car must be collected from us (the participating ŠKODA retailer), or delivered to you by the participating ŠKODA retailer at a pre-arranged time. 3.2 The Car must either be returned to us (the participating ŠKODA retailer it was collected from) or the retailer can pick up the Car, at an agreed time, when it was first collected (for example if you pick up the Car at 10am on a Friday, it should be returned by 10am the following Monday, 3 days later. 3.3 The Car must be returned in the same condition and with a full tank of fuel as it was received by you prior to the start of your Real Life Test Drive. 3.4 The Car can be collected by the Retailer at any time during the period of use if it is deemed any misuse of the vehicle has taken place.

2 4 During your Real Life Test Drive 4.1 During your Test Drive, you must: (e) (f) (g) (h) (j) (k) (l) (m) keep the Car in your possession and under your control at all times and not give, lend or sell the Car to any other person or allow any other person to drive the Car; comply with these Test Drive Conditions, all applicable laws (including the Road Traffic Act 1988) and The Highway Code issued by the Department of Transport from time to time; observe all traffic signs and signals and speed limits; use the Car reasonably, considerately and responsibly and with courtesy to pedestrians and other road users; observe the user instructions which are inside the Car (in the glove box or boot/trunk of the Car); take reasonable care of the Car; notify us of any damage or defect to the Car promptly in accordance with clause 6 below; ensure the Car is secure by closing all windows and doors and activating the central locking when the Car is not in use; in the case of a long journey, regularly check all vehicle fluid levels and the tyre pressures and if necessary refill the vehicle fluids and adjust the tyre pressure; ensure that the Car is used only on public roads and is driven in a safe manner; only use the Car if you reasonably consider it is in a roadworthy and safe condition; not be under the influence of any alcohol, drugs or other medication that could adversely affect your driving ability; not use the Car: (iv) for motor sport events, racing of any kind, reliability trials, speed tests or off-road driving; as a taxi or hire vehicle or for driving tests or driving lessons or for other services or business; to tow any trailer or caravan; or in carrying out criminal acts or for any unlawful purpose; (n) (o) not have more than 5 people in the Car at any time; not carry:

3 dangerous, hazardous or flammable substance or materials; any object that is: (A) (B) (C) (D) likely to cause injury to you or injury or offence to any other person; likely to cause damage to the Car or any other property; likely to adversely affect the Car s safety or roadworthiness; or prohibited by law; (iv) animals [unless they are transported in a closed cage that is safely stowed in the boot of the Car and you comply with all applicable laws]; infants or small children requiring a child seat/booster cushion [without complying with all applicable laws and using the required child seats/booster cushions. You must follow all manufacturing guidelines for the installation of any child seats/booster cushions in a passenger seat. It is your responsibility to ensure that child seats are fitted correctly. We will not provide any child seats/booster cushions for use within the Car]; (p) (q) (r) (s) (t) not smoke/use e-cigarettes or allow passengers to smoke/use e-cigarettes in the Car; not remove any accessories or parts or any items or equipment which belong to us; not damage, deface or vandalise the Car or any of our equipment or property; not dismantle or tamper with the Car (or in any way attempt to do so), affix anything to the Car, carry out or allow to be carried out any repairs or modifications to the Car or otherwise alter it in any way; and not take the Car outside the UK. 5 Your responsibility 5.1 You are responsible for making sure that any passengers you carry within a Car comply with your obligations set out in these Test Drive Conditions and in particular clause You are liable for any penalty, fine or fixed penalty in relation to offences committed in respect of the Car during the Test Drive and for any parking charges or penalties and any congestion or similar charges. In particular (but without limitation), you will be liable as if you were the owner of the Car (including without limitation for the purposes of sections 62 to 68 of, and schedule 4 to, the Road Traffic Offenders Act 1988), in respect of: any damage caused to the Car (whether inside or outside the Car) and/or

4 liability incurred as a result of the use of the Car by you (such as any damage to any part of the Car caused by hitting low objects such as bridges or branches or caused by using the wrong fuel; theft of the Car; traffic offences; liability to third parties; congestion charges; and tolls) unless such liability arises as a result of a breach of these Test Drive Conditions by us; any of the following offences which may be committed with respect to the Car when it is stationary and when a fixed penalty notice is issued: (iv) being on a road during the hours of darkness without the lights or reflectors required by law; waiting, or being left or parked, or being loaded or unloaded, in a road; being used or kept on a public road without the vehicle licence being exhibited on the Car in the prescribed manner; and the non-payment of the charge made at a street parking place; and any excess charge which may be incurred under an order issued in accordance with sections 45 and 46 of the Road Traffic Regulation Act 1984 (provision on highways of parking places where charges are made). 5.3 In the event that we process notices of any fixed penalty offences, we may charge you a processing fee for each processed notice. 5.4 You must be able, at all times, to provide information on the exact location of the Car. 5.5 The Car is fitted with a Telematics systems which will monitor the cars movement and location, at all times, over the 3 day period. 6 Accidents, damage and defects 6.1 If you are involved in an accident or damage or injury is caused to someone or something (including the Car) whilst driving the Car, you must: stop driving when safe to do so; telephone the number on the Driverline card inside your vehicle and select the relevant option; to notify us of the accident and any resulting damage to the Car; for instructions as to who to contact in respect of any claim under our insurance; report the accident, damage or injury to the police, irrespective of whether it was or was not your fault; stay at the site of the accident, unless you are required by law to leave, until: the police have been informed; any necessary steps have been taken to secure evidence and

5 minimise damage, in consultation with us; and the Car has been towed away by the vehicle recovery company or, in consultation with us or otherwise safely parked or driven away by you; (e) (f) not make any declarations of liability to the other driver or anyone else; complete and send to us by post any incident report form that has been sent to you by us, within the time periods we specify when sending you the form. 6.2 We will decide how the Car will be transported back to us. If the accident was your fault and the Car is no longer drivable, safe or roadworthy, you will be liable for all reasonable costs incurred by us in connection with the transportation of the Car. 6.3 If we do not receive a completed incident report form from you as required under clause 6.1(f) above, the accident cannot be dealt with by our insurance company. In this case, we may charge you for all accident-related costs to persons, property and vehicles. 7 Insurance 7.1 All Cars are covered by insurance to the extent set out in the Insurance Policy. 7.2 You are responsible for familiarising yourself with the terms of the Insurance Policy. You must: ensure that you abide by the terms of the Insurance Policy in all respects (and, to the extent that it is within your control, put us in a position where we are able to abide by the terms of the Insurance Policy) so that, if necessary, we can recover under the Insurance Policy to the maximum extent in connection with your Test Drive. 7.3 In the event of accident, theft or any damage howsoever caused to the Vehicle, you shall promptly notify us as per clause 6 using your Driverline card. A member of our insurance claims management team will assist you and shall decide what repairs to carry out to the Vehicle and who shall be appointed to carry out those repairs. You shall not carry out, nor shall you authorise any third party to carry out, any repair to the Vehicle or any part of it without our express prior written consent. We insure the Vehicles on a fully comprehensive basis. The insurance will cover own-damage and third-party liability. You acknowledge that the insurance cover explicitly excludes racing, pacemaking, reliability trials, speed testing, offroad use, use while towing a greater number of trailers than is permitted by law or use for hire or reward. Use of the Vehicle for any such purpose is strictly prohibited. You may be liable for an excess payment of 250 plus VAT on all claims made under the insurance. Any damage incurred by the driver s negligence shall be your responsibility, and our insurance provider reserves the right to charge for any such damage. 7.4 You will not be covered by our insurance for any travel costs you incur where the Car has had to be transported back to us in the event of an accident (irrespective of whether you were at fault). 8 Cancellation 8.1 We may cancel your Real Life Test Drive at any time if we reasonably believe that

6 you are in breach of these Test Drive Conditions or if you have given us any incorrect information in registering for a Test Drive. 8.2 If your Real Life Test Drive is cancelled for any reason then we will decide how the Car will be transported back to us and you must abide by our instructions. 9 Our liability to you 9.1 These Test Drive Conditions do not exclude our liability (if any) for: death or personal injury resulting from our negligence; fraud; fraudulent misrepresentation; or any matter which it would be illegal for us to exclude or attempt to exclude our liability. 9.2 We are only liable to you for losses which you suffer as a direct result of our breach of these Test Drive Conditions and which are reasonably foreseeable. We are not liable for any other losses. 9.3 We are not responsible to you for any business losses that you may incur, including but not limited to lost profits. 9.4 You may have other rights granted by law and these Test Drive Conditions do not affect these. 9.5 We are not responsible for the way in which you drive the Car during your Test Drive. 9.6 No responsibility is accepted under this agreement for any personal effects or belongings left in the Car and lost or damaged during the Test Drive. 9.7 We have no responsibility for a failure to comply with these Test Drive Conditions if that arises due to a reason beyond our control. 10 Personal data about you 10.1 You consent to us and Volkswagen Group United Kingdom Limited (trading as SKODA) using your personal data for the administration of a promotion relating to the Test Drive. You consent to us and Volkswagen Group United Kingdom Limited (trading as SKODA) using your personal data for marketing purposes where you indicate that you wish to receive such marketing information (or do not indicate that you do not wish to receive such marketing information, as applicable) at the time of submitting your personal data to us. 11 General 11.1 These Real Life Test Drive Conditions shall be governed by English law Any court proceedings must be taken at a court within the United Kingdom You may not transfer any of your rights under these Test Drive Conditions to any other person.

7 11.4 We may transfer any of our rights under these Test Drive Conditions to any person or ask any person to fulfil any aspect of them Only you and us have any rights under these Test Drive Conditions. No other person shall have any rights under these Test Drive Conditions.