Auto AXS Membership Recovery Plan Terms and Conditions 

Demands and Needs

Our Auto AXS Membership Recovery plans enable you to choose from a range of cover levels designed to meet your demands and needs. The Membership Statement section of the letter accompanying these Terms and Conditions shows the cover level(s) you have selected. The choices you have made will depend on your personal circumstances and therefore, please check your statement to ensure that the cover you have chosen continues to meet your needs.

Breakdown Recovery Assist

Customers who need assistance in the event they breakdown more than 1⁄4 mile away from their home address and recovery to a local repairer Auto AXS Recovery Assist is immediately available to Customers as part of your Membership.

At Home Recovery

Customers who, need assistance in the event they breakdown at their home address and recovery to a local repairer

National Recovery

Customers who need their vehicle to be recovered to a single destination of their choice.

Onward Journey

Customers who, if we are unable to arrange a prompt local repair, need a hire car or hotel accommodation or public transport costs to continue their journey.

 

Auto AXS membership recovery plan

Your Auto AXS membership Breakdown Plan in full

If you require Breakdown Assist

Where cover is available

How to contact Auto AXS

How the Auto AXS will identify you are entitled to assistance If you need to complain

Definition of words and phrases used in this Policy

About Auto AXS membership Recovery Plans

Services available

Types of cover

Duration of cover

Vehicle specifications

Service Descriptions - What is covered and what is not covered

Breakdown Recovery Assist

At Home Recovery

National Recovery

Onward Travel Journey

General Terms & Conditions

General exclusions

General rights to refuse service

Additional services

Use of agents

Requests for assistance

Emergency nature of recovery service

Subrogation

Cancellation & suspension of Auto AXS membership Recovery Plan

Changes to your Recurring Payment Authority details

Renewal and Review

Changes to Terms & Conditions

Changes to your Personal Details

Matters outside Auto AXS’s reasonable control

Exclusions of liability for loss of profit etc

Enforcement of Terms & Conditions

Use of headings

Interpretation: use of English law & language

Fraudulent Applications

Auto AXS Membership Recovery Plan in Full

If you require Recovery Assistance

Where cover is available

Auto AXS membership Recovery Plans detailed in this Policy only applies to those ordinarily resident in the UK travelling in a vehicle which first becomes stranded in the United Kingdom. An Auto AXS Recovery Assist plans plan is not provided for an accident that occurs outside England, Wales or mainland Scotland.

Cover is also available to residents of the Channel Islands and Isle of Man, however the appropriate cover for those territories should be purchased. Call Auto AXS membership on 0203 995 5691 and ask for information on Channel Islands and Isle of Man membership Recovery Plans.

How to contact the Auto AXS

If you have broken down and require assistance, please contact Auto AXS on 0203 995 5691. It is important that you contact Auto AXS because if you contact a garage direct you will have to settle the bill and Auto AXS will not be obliged to reimburse you.

How Auto AXS will identify that you are entitled to assistance

If you have access to an Auto AXS membership Recovery Plan under Personal Cover, please always carry your membership card with you (this is also applicable to Joint and Family Members).

If you have access to an Auto AXS membership Recovery Plan under Vehicle Cover, Auto AXS recommends that the membership card is kept in the registered vehicle as the driver will require the card to access service. Auto AXS may assume that anyone driving or travelling in the registered vehicle is authorised by the Member to request assistance for that vehicle.

When you contact Auto AXS for assistance you will be asked to show your membership card to ensure that only those Members entitled receive service.

If a valid membership card and additional proof of identity cannot be produced, Auto AXS reserves the right to refuse service. For further details please refer to General Terms & Conditions.

You should advise Auto AXS immediately of any changes to name or address. Please refer to General Terms & Conditions.

If you’re not an Auto AXS Member or don’t hold the relevant level of cover

If you are not entitled to any Auto AXS membership Recovery Plans or you are not, at the time of the breakdown, entitled to the particular assistance service(s) you require, Auto AXS may still be prepared to provide the required assistance. However, if so, in addition to paying the usual price for the relevant Auto AXS product, a supplementary premium will be payable. The cost of this premium will be confirmed to you at the time of purchase. This does not apply to Onward Journey, which must have been purchased at least 24 hours before the relevant breakdown occurs.

Payment Default

Subject to any statutory rights you may have as a consumer, if Auto AXS provides recovery assistance services under your Auto AXS membership Recovery Plan, at your request or at the request of someone who Auto AXS believes is entitled to request assistance under your Plan, and subsequently it becomes apparent that you have not paid for your Auto AXS membership Recovery Plan (or the relevant part thereof) then Auto AXS will be entitled to charge you for the services actually provided.

If you need to complain

We aim to provide you with a high level of service at all times. However, there may be a time when you feel that our service has fallen below the standard you expect. If this is the case and you want to complain, we will do our best to try and resolve the situation.

There are several ways you can contact us:

Phone: 0203 995 5691

E-mail: support@autoaxs.co.uk 

Post: Customer Solutions 71-75 Shelton Street London WC2H 9JQ

We will either acknowledge your complaint within 5 working days of receipt or offer you our final response if we have concluded our investigations within this period.

If we acknowledge your complaint, we will advise you who is dealing with it and when we expect to respond. We aim to respond fully within 8-weeks. However, if we are unable to provide a final response within this period, we will write to you before this time and advise why we have not been able to offer a final response and how long we expect our investigations to take.

If you remain unhappy with our final response, or we have not managed to provide a final response within 8 weeks of your complaint, you may be entitled to refer your complaint to the Financial Ombudsman Service for help and advice.

There are several ways you can contact them:

Phone: 0800 023 4567 or 0300 123 9 123 

Website :www.financial-ombudsman.org.uk

Email: complaint.info@financial-ombusdman.org.uk
Post: The Financial Ombudsman Service Exchange Tower London E14 9SR

Definition of words and phrases used in this Policy

Some common terms are used to make this Policy easier to understand. Wherever the following words or phrases appear they will always have the meaning set out below.

‘Auto AXS’ means the relevant insurer of the recovery plan being, Auto AXS Recovery Assistance, National Recovery and At Home, as the context requires or allows.

‘Cover Period’ means:

a) for annual membership the period of 12-months;

b) or Continuous Cover the period commencing from the start of or as

applicable the renewal date of the membership, subject to earlier termination.

‘Member’ means:

For Personal Plan, the person to whom the membership documentation is addressed and who has purchased or been given an Auto AXS membership Recovery Plan; and

For Vehicle Plan, the person to whom the membership documentation is addressed, who has purchased or been given an Auto AXS membership Recovery Plan and whose address is recorded with Auto AXS as the home address of the vehicle registered under the relevant Vehicle Cover.

Please note: Any contract for Auto AXS membership Recovery Plan is between the Member and Auto AXS and not, (in the case of a Personal Plan), between Auto AXS and any person nominated as a Joint or Family Member nor, in the case of a Vehicle Plan, between Auto AXS and any driver entitled to assistance as a result of the Member’s Vehicle Cover. As the Member, you will have access to information relating to any services provided under Your Auto AXS membership Recovery Plan. It is Your responsibility to inform any users of Your Auto AXS membership Recovery Plan that in using Your membership, they consent to their details being shared with You. ‘Member’s Home Address’ means the address which the Auto AXS has recorded as the home address of the Member at the time of the relevant breakdown or accident. ‘Membership Year(s)’ means the period(s) of 12 months commencing from the start of the membership or from any anniversary of the start of that membership. ‘Replacement Hire Car’ means a comparable car to Your Car.

‘You’‘Your’ means:

a) For a Personal Plan, the Member and/or, if the context requires, any Joint

b) or Family Member who has been nominated by the Member; and

For a Vehicle Plan, the Member and, if the context requires, any person who is travelling in, and who requests assistance for, a vehicle that is registered under a Vehicle Plan with Auto AXS.

‘Your Car’ for the purpose of Auto AXS Recovery Assist means a car (being a car with 4 wheels, designed and constructed for the carriage of passengers with no more than 8 seats in addition to the driver’s seat and meets the size & weight specifications in the Vehicle Specification set out on page 9 below) which you are the registered keeper and that has in force a valid motor insurance to the minimum level required under UK law, valid road fund licence (unless exempt) and a current MOT test certificate (unless exempt).

‘Your Vehicle’ means:

  • a) For a Personal Plan, the vehicle which the Personal Member or any Joint or Family Member is travelling in at the time of the relevant breakdown or accident; and
  • b) For a Vehicle Plan, the vehicle which has been registered with a Recovery Plan with Auto AXS at the time of the relevant breakdown or accident; and provided always that any such vehicle meets the vehicle specification set out on pag8.

About Auto AXS membership Recovery Plan

This section details the different kinds of cover that are available under Auto AXS membership Recovery Plans. The cover you hold will be set out in the Membership Statement section of the letter accompanying these Terms and Conditions, or if changes are made these will be confirmed separately to you in writing.

Services available

Auto AXS offers a number of Recovery assistance services which can be purchased as part of an Auto AXS membership Recovery Plan. These include:

  • Recovery Assist – This is the minimum level of cover and provides roadside assistance throughout the UK, 12-hours a day, every day of the year. Auto AXS’s number 1 aim is to recover your car to somewhere safe, so it will be taken to Auto AXS’s choice of relevant local repairer or to a local destination of Your choice, provided it is no further. Please refer to page 9 onwards for full details.
  • At Home Recovery – Provides all the benefits of Recovery Assistance at your home address. Please refer to page 10 onwards for full details.
  • National Recovery - Recovery to a single UK destination of your choice. This means you can choose to be taken home, to your destination or anywhere else on the UK mainland, regardless of how far this may be. Please refer to page 10 onwards for full details.
  • Onward Journey – If you are broken down Onward Journey provides alternative travel options.

You could choose from replacement car hire for up to 3 days (a collection and delivery service, or equivalent, is available, subject to availability (which includes payment of fuel charges); alternative transport costs or overnight accommodation. Onward Journey is limited to 2 claims in any one membership Year. Please refer to page 11 onwards for full details.

All Members must buy Recovery Assistance and all services are normally only available at least 24 hours from purchase. See relevant service descriptions for further detail.

Types of cover

Auto AXS membership Recovery Plan is available as either on a Vehicle or Personal Plan. If you select Personal Plan then you will also need to choose whether that Auto AXS membership Recovery Plan is Single, Joint or Family based.

Personal Plans are available as:

  • Single Cover: Covers the Member, as driver or passenger, in any vehicle (within the limits specified on page 9); or
  • Joint Cover: Gives one other nominated person living at the Member’s Home Address access to that Auto AXS membership Recovery Plan. The nominated person may also be a student or member of the armed forces who normally lives atthe Home Address but is temporarily living away; or
  • Family Cover: Gives up to three other nominated people living at the Member’s Home Address access to the Auto AXS membership Recovery Plan. The nominated person may also be a student or member of the armed forces who normally lives at the Home Address but is temporarily living away.

Vehicle Cover covers Your Vehicle regardless of who is driving (provided the vehicle is within the limits specified on page 9).

Duration of a Plan

Personal and Vehicle Plans are available on either an annual or continuous basis:

  • Annual Cover: cover is for 12-months and is paid for in a single sum. If you pay for Annual cover under a recurring payment authority, for example by Direct Debit, your plan will unless You have been notified otherwise automatically be renewed at the end of the Cover Period. You will always be advised of this in advance and have the opportunity to cancel your Auto AXS membership Recovery Plan;
  • Continuous Cover: cover is paid for monthly or quarterly but runs on a continuous basis until cancelled.

Please refer to page 16 for further details on cancellation.

Although most of the Terms & Conditions within this Policy apply to Annual Cover, and Continuous Cover there are some variations. These differences are detailed in the relevant places throughout Auto AXS membership Recovery Plan Policy part of these terms and conditions.

Vehicle specifications

Breakdown assistance is only available for cars, motorhomes, vans, minibuses or motorcycles (including quads and trikes) which meet the specifications set out below.

Please note that “car, van, minibus or motorcycle” does not include, amongst other things, electric pavement vehicles, electrical wheelchairs, bicycles (including electric bicycles), any vehicle which cannot lawfully be used on the public highway and/or any non-motorised vehicle.

Maximum Vehicle Weight: 3.5 tonnes (3,500kg) gross vehicle weight

Maximum Vehicle Width: 8ft 3in (2.55m) which constitutes the overall width of the vehicle bodywork excluding mirrors, measured at the widest points.

Assistance will also be provided for a caravan or trailer which was on tow at the time of the breakdown, provided that it falls within the above limits.

Cover is provided for electric and hydrogen cars, vans, minibuses and motorcycles.

Additional vehicle specifications/restrictions applying to Vehicle Cover only

In addition to the general vehicle specifications set out above, the following terms apply to Vehicle Cover (Please note: these are not applicable to Personal Cover):

a) Auto AXS membership Recovery Plan is only available under Vehicle Cover for a vehicle;

  • i) which has been registered with Auto AXS at the time assistance is requested;
  • ii) ii) and which is a UK Vehicle registered with the DVLA.

It is possible to change the vehicle registered under Vehicle Cover during the Membership Year. Service will not be available for the new vehicle until 24 hours after Auto AXS receives notification of the vehicle change. In addition, the Auto AXS reserves the right not to re-register any vehicle which has been previously registered during the same Membership Year. Auto AXS is not obliged to undertake more than 3 changes of vehicle within the Membership.

What is Covered and What is not Covered Breakdown Recovery Assist

Breakdown Recovery Assist

What is covered

  • Breakdown Recovery Assist is available if Your Vehicle is stranded on the highway more than a quarter of a mile from the Member’s Home Address following a breakdown;
  • Breakdown Recovery Assist is only available if You have purchased a plan at least 24 hours before the relevant breakdown in relation to which assistance is required occurred;
  • The driver and up to a maximum of seven passengers, will be taken to Auto AXS’s choice of local repairer or to a local destination of Your choice, provided it is no further than the distance to the repairer.
  • If Your Vehicle has run out of fuel or charge it will be taken to a local fuelling station, repairer or charge point, whichever is applicable. (this may not be a rapid charge point nor may it be in the direction which You were originally travelling);
  • Auto AXS will make a telephone call at Your request following a breakdown;
  • Any contract for repair is between the person requesting the repair and the repairer - it is not Auto AXS’s responsibility to instruct the repairer to undertake any work required or to pay them for it.

Auto AXS does not guarantee that any recovery to a local repairer will be within the opening hours of the repairer, or that the repairer will be immediately available to undertake any required repair. Whilst Auto AXS will endeavour to check that the chosen repairer carries out the type of repair work required, this cannot be guaranteed and Auto AXS does not provide any assurance or warranty with respect to any work carried out at Your request by any third party repairer.

If You and Your Vehicle are stranded at the roadside following an accident we can offer:

  • Support and advice from specially trained staff who can provide a preliminary view of liability and options on the next course of action available to You

What is not covered

  • Fuel and parts
  • oil;
  • keys;
  • other materials required to repair Your Vehicle;
  • any supplier delivery service or call-out charges related to these items, and
  • the provision of service on private property without the relevant permission;
  • storage costs
  • Any transport or other costs that You might incur or any incidental expenses that may arise during a recovery. Auto AXS cannot accept any costs for passengers who do not accompany Your Vehicle while it is being recovered;
  • Routine maintenance and running repairs for example but not limited to radios, interior light bulbs, heated rear windows;
  • Assistance following a breakdown or accident attended by the police, highways agency or other emergency service, until the services concerned have authorised the vehicle’s removal. If the police, highways agency or emergency service insist on recovery by a third party, the cost of this must be met by You;
  • A second or subsequent recovery, after Your Vehicle has been recovered following a breakdown;
  • All things excluded under General Terms & Conditions (see pages 15-19).

At Home Recovery

What is covered

  • At Home Recovery extends a Breakdown Recovery Assist Plan and is available only to those who have purchased a Home Recovery Plan at least 24 hours before the relevant breakdown or accident occurred;

What is not covered

  • All things excluded under ‘Breakdown Recovery Assist’ ‘What is not covered’ above.

National Recovery

What is covered

  • National Recovery extends a Breakdown Recovery Assist plan and is available only to those who have paid for the additional National Recovery Plan at least 24 hours before the relevant breakdown occurred;
  • National Recovery is available when Auto AXS provides either Breakdown Recovery Assist or At Home Recovery services;
  • National Recovery provides recovery of Your Vehicle, together with the driver and up to a maximum of seven passengers to any single destination of Your choice in the UK (see also General Terms & Conditions, clause 1g, page 15).

What is not covered

  • Recovery in cases of mis-fuelling. In such cases service will be restricted to a local tow provided under your Breakdown Recovery Assist plan;
  • All things excluded under ‘Breakdown Recovery Assist ‘What is not covered’ above;

Immediate requirement for National Recovery

If you join already requiring National Recovery (or you require National Recovery) before the 24 hours referred to above has elapsed) Auto AXS may be prepared to provide National Recovery assistance for the breakdown concerned. If Auto AXS are prepared to provide National Recovery assistance, then You will need to pay a supplementary premium for purchasing National Recovery in a breakdown situation in addition to the price of National Recovery. The cost of this will be notified to You by Us at the time of purchase.

Additionally, Auto AXS is entitled to limit the relevant recovery under National Recovery to the maximum mileage notified at the time the request for the relevant assistance was made and to charge for any recovery provided in excess of that mileage. The cost of this additional mileage will be confirmed to you at the time of purchase;

Compassionate Relay Assistance

Auto AXS may be prepared to make National Recovery available if You are, or the driver of Your Vehicle is, unexpectedly taken ill during a journey and no other passenger can drive Your Vehicle so as to complete Your intended journey. Any Compassionate National Recovery Assistance is given at Auto AXS‘s absolute discretion and subject to the production of any proof of illness that Auto AXS reasonably requires.

Onward Journey

What is covered

  • Onward Journey extends a Breakdown Recovery Assist plan and is only available where cover has been purchased at least 24 hours before the relevant Breakdown occurred;
  • Onward Journey is available if Your Vehicle is immobilised following a Breakdown which Auto AXS has attended under Breakdown Recovery Assist or At Home Recovery;
  • Members with Onward Journey may choose from one of the following; a replacement car; or
  • overnight accommodation; or
  • public transport costs which are described in detail on page 15 below.

What is not covered

  • Onward Journey cannot be claimed retrospectively and must be requested at the same time as the request for breakdown assistance is made or such assistance is given;
  • Onward Journey is not available following an accident or self-induced fault (possible examples of self-induced fault include: mis-fuelling, lost keys or locking keys in Your Vehicle) (see General Terms & Conditions, clause 2);
  • Onward Journey is limited to 3 claims in any one Membership Year.

Onward Journey benefit options: A: Replacement Vehicle

What is covered

  • Onward Journey cannot be claimed retrospectively and must be requested at the same time as the request for breakdown assistance is made or such assistance is given;
  • Onward Journey is not available following an accident or self-induced fault (possible examples of self-induced fault include: mis-fuelling, lost keys or locking keys in Your Vehicle) (see General Terms & Conditions, clause 2);
  • Onward Journey is limited to 3 claims in any one Membership Year.
  • The cost to supply a replacement mid-range saloon or hatchback type car up to 1,600cc (Category D) for up to 3 days, by our chosen supplier, subject to availability.
  • (If you Breakdown within the UK Mainland or Northern Ireland), a collection/ delivery service of the replacement vehicle within a 30 mile- radius of the breakdown or Your chosen location. (You can either be picked up or for the replacement vehicle to be delivered to you within these limits).

What is not covered

  • Additional charges incurred if You keep the replacement vehicle for longer than 3 days; or
  • Fuel costs (including those resulting from pick-up, collection and delivery of the vehicle); or
  • Any ferry, toll or congestion charges incurred in the replacement vehicle; or
  • Any insurance excess charges, or other insurance related charges (see important information below);
  • Replacement vehicles cannot be supplied with a tow bar and therefore Yourmcaravan or trailer will have to, if eligible, be recovered under National Recovery with Your Vehicle;
  • We cannot provide a like for like replacement for Your Vehicle (this includes being unable to provide a replacement hybrid or electric vehicle)

Important Information: Replacement vehicles are supplied to You by Auto AXS chosen supplier. The hire agreement will be between You and the relevant supplier and will be subject to that supplier’s Terms & Conditions. These will usually require or include (amongst other things):

  • Drivers to be aged at least 18 years and to have held a full driving licence for at least 12 months;
  • Production of a full driving licence valid at the time of issue of the hire vehicle ;
  • Any applicable endorsements as advised by the replacement vehicle supplier;
  • For drivers under the age of 21 provision of a replacement vehicle may be subject to the use of their own insurance, where available, for the duration of the hire period. Any costs incurred in this event will not be covered. If the driver’s own insurance cannot cover this alternative transport (see option B below) will be required;
  • A valid credit card is required. Alternatively the supplier will require a deposit of not less than £50 and may also undertake a simple credit check before releasing the vehicle to you;
  • A minimum insurance excess of £500, in the case of damage to or theft of the hire vehicle;
  • Limitations on the availability and/or engine capacity of the replacement vehicle drivers aged at 18-21 years are restricted to a hatchback type vehicle up to 1,200cc;
  • The collection and delivery service limited to a maximum delivery distance of 30 miles. You are responsible for making arrangements for the return of the hire vehicle to the supplier;
  • If the hire vehicle is not taken at the time and receipt of the hire vehicle is delayed at Your request and with Auto AXS’s agreement, You are responsible for arranging delivery directly with the supplier. (Auto AXS may be prepared to assist with these arrangements);
  • The collection and delivery service is (or equivalent) is available from the chosen suppliers, subject to availability, to the supplier’s terms and conditions and to Your payment of the supplier’s fuel charges connected with collection and delivery. A minimum of two hours notice is required by the suppliers to arrange the delivery of a vehicle, with an additional two hours to deliver;
  • If Auto AXS’s chosen supplier refuses hire for any reason, subject to prior price approval and authorisation from the Onward Journey team who can be contacted by calling
  • 0203 995 5691, You are entitled to arrange a hire vehicle from another provider being arranged by the Member. Claims for the reimbursement of costs of such hire should be made in writing and sent together with proof of purchases and receipts to: Auto AXS Claims, Agency Accounts, 71-75 Shelton Street, London WC2H 9JQ.

OR

B: Alternative Transport costs

What is covered

Costs for Alternative transport incurred by the driver and up to a maximum of seven passengers (see General Terms & Conditions clause 1g, on page 15) travelling to a single UK destination that have been agreed at the time of breakdown by the Onward Journey team who can be contacted by calling 0203 995 5691. Claims should be made in writing and sent together with proof of purchases and receipts to: Auto AXS Claims, Agency Accounts, 71- 75 Shelton Street, London WC2H 9JQ.

What is not covered

  • Costs that have not been agreed and authorized by the Stay Mobile Team.

OR

C: Overnight accommodation

What is covered

  • Auto AXS will arrange and pay directly for one night’s bed and breakfast on the day of the breakdown at a hotel of Auto AXS’s choice for the driver and up to a maximum of seven passengers (see General Terms & Conditions clause 1g, onpage 15).

What is not covered

  • 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 & Conditions

General exclusions 
Auto AXS membership Recovery Plans do not provide for: 

a) Any vehicle servicing or re-assembly. For example, where servicing or re-assembly is required as a result of neglect or unsuccessful work on the vehicle (including, but not limited to, DIY vehicle maintenance), other than that on the part of Auto AXS or its agents; 

b) Garage labour costs, that is the cost of garage or other labour required to repair Your Vehicle. 

c) Fuel draining, that is 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 Auto AXS will make available to you will be to arrange for your vehicle, the driver and up to 7 passengers to be taken to Auto AXS’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;

d) Failure to carry a serviceable spare, that is any additional charges resulting from Your failure to carry a legal and serviceable spare wheel or tyre, except where this is not provided as manufacturers’ standard equipment. Auto AXS will endeavour to arrange on your behalf, but will not pay for, assistance from a third party;

e) Having Your Vehicle stored or guarded in Your absence; In the event that Auto AXS does agree to, or needs, to arrange storage of Your Vehicle, for example without limitation, because Auto AXS is not reasonably able to locate the delivery address You have provided or You have not provided, or do not provide when Auto AXS requests, adequate delivery instructions, Auto AXS will be entitled to charge You reasonable storage charges; 

f) Service to Vehicles on private property unless relevant permission is given, that is the provision of service when Your Vehicle is on private property e.g. garage premises, unless You can establish that You have the permission of the owner or occupier; 

g) Excess passengers the provision of any service or benefit 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, Auto AXS will seek to arrange, but will not pay for, their onward transportation; 

h) Trade transportation, that is the recovery of any vehicles bearing trade plates or which Auto AXS has reason to believe have just been imported or purchased at auction; 

i) Transporting from trade premises, that is the transportation of immobilised vehicles where Auto AXS considers this to be part of a commercial activity, for example, to, from or for motor dealers or delivery companies; 

j) Locksmiths, tyre, glass or bodywork specialists costs, that is the cost (including any call out charge) of any locksmith, glass, or tyre specialist, should Auto AXS consider this to be required. Auto AXS will endeavour to arrange this help on Your behalf, however it will not pay for these specialist services and any contract for services provided will be between You and the relevant specialist. If, in Auto AXS’s professional opinion, Your Vehicle requires recovery to such a specialist to be mobilised and, to affect that recovery, specialist lifting equipment not normally carried by Auto AXS recovery specialists is required, Auto AXS will arrange the recovery but at Your cost. If use of a locksmith or other specialist would, in Auto AXS’s professional opinion, mobilise the vehicle, no further service will be available for the breakdown in question; 

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

l) Participation in sporting events, that is assistance for vehicles broken down as a result of taking part in any “Motor Sport Event”, including but not limited to racing, rallying, trials or time-trials or auto test. However, for the avoidance of doubt, Auto AXS does not consider “Concours d’elegance” 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. 

m) Accident Recovery: If the accident is not a Non-Fault Accident or, if the accident is a Non-Fault Accident but You do not wish to use the Auto AXS Recovery Assist service, Auto AXS may provide (but not pay for) recovery following an accident. If so, You will be responsible for paying Auto AXS’s charges for this assistance. Where an insurance claim is being made, we will seek to recover these charges from Your insurer and you will remain liable for these charges until full settlement is reached with Your insurance company., We reserve the right to reclaim our recovery cost provided under this policy from the insurer of a known third-party driver, who was at fault in relation to the incident. 

n) If specialist equipment is required, You will be responsible for paying the cost of any equipment used. You must give Auto AXS, 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 Your responsibility to ensure that You properly comply with any requirements of Your motor insurer in making a claim under Your motor insurance policy. 

o) Where You do not request the services from us at the time of the incident and/or where You arrange for assistance and recovery services to be provided by another provider, we will make no contribution toward the cost of these (either to you or the provider). 

p) If following an accident, You require one of the Onward Journey services (and You have Onward Journey Auto AXS may, again, be prepared to arrange this for You but will not be responsible for any costs involved. You must pay, on request, any applicable charges. 

You must give Auto AXS, on request, any relevant information it reasonably requests in regard to all matters referred to in this clause.

General rights to refuse service

Please note: if a Member is refused service by Auto AXS the Member has the right to an explanation in writing (see “If you need to complain” page 4 for Customer Solutions contact details). 

2) Auto AXS reserves the right to refuse to provide or arrange assistance where the service request is for, or relates to: 

a) Repeat breakdowns within 28 days, that is where service is requested to deal with the same or similar cause of breakdown (including running out of fuel or charge) to that which Auto AXS attended within the preceding 28 days. It is Your responsibility to make sure that permanent repairs are carried out as soon as possible by an approved mechanic. Auto AXS shall not be entitled to refuse assistance if the reason for the repeat breakdown is due to the negligence of Auto AXS or its appointed agent. 

b) Unattended vehicles, that is where You are not with Your Vehicle at the time of the breakdown or accident and You are unable to be present at the time that assistance arrives; 

c) Unsafe, unroadworthy, unlawful etc vehicles, that is where in Auto AXS’s reasonable opinion, immediately before the relevant breakdown or accident, Your Vehicle was dangerous, overladen, unroadworthy or otherwise unlawful to use on a public road. Without restricting the generality of Auto AXS’s rights under this provision, and Your responsibility to comply with all applicable legal requirements, please note that for a UK registered vehicle to be used or kept on a public road, and subject to any relevant exemption that may apply, the vehicle must have a current excise licence (that is, up to date vehicle tax), a current MOT test certificate and have in force valid motor insurance to the minimum level required under UK law; 

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

e) Delay in reporting, that is where the breakdown is not reported within 24 hours of You becoming aware of the breakdown. (Auto AXS may agree to extend this period in exceptional circumstances); 

f) We cannot verify membership, that is where You cannot produce a valid membership card (or appropriate receipt) and some other form of identification. If these cannot be produced, and Auto AXS is unable to verify that the appropriate Auto AXS membership Recovery Plan is held, Auto AXS reserves the right to refuse service. However if You are unable to prove entitlement to service or You are aware that You do not hold entitlement to an Auto AXS service, Auto AXS may, at its discretion, offer service on the immediate payment (by credit, debit or switch card) of the usual price for the relevant plan required, plus a supplementary premium for joining while already requiring assistance. The cost of this premium will be confirmed to you prior to purchase. The amounts paid will be fully refunded if it can be established that the relevant level of service entitlement was held at the time of the breakdown. Any services provided under Onward Journey must be paid for in advance by You and will be fully refunded if it can be established that entitlement to Onward Journey plan was held at the time of the breakdown. No refunds will be given if entitlement under Auto AXS membership Recovery plan cannot be proved. 

g) Unreasonable behaviour, that is where Auto AXS considers, on reasonable grounds, that You:

(i) or anyone accompanying You, or who is receiving or is entitled to receive assistance in connection with Your Auto AXS membership Recovery plan is behaving or has behaved in a threatening or abusive manner to Auto AXS employees, Mechanics or agents, or to any third-party contractor; or 

(ii) have falsely represented that You are entitled to services that You are not entitled to; or 

(iii) have assisted another person in accessing Auto AXS services to which they are not entitled; or 

(iv) owe Auto AXS money with respect to any services, spare parts or other matters provided by Auto AXS or by a third party on Auto AXS’s instruction. 

(v) The Recovery of Unaccompanied children, that is the recovery of any child under 16 years of age unless they are accompanied at all times by an adult (unconnected with the Auto AXS or its agents). 

Additional services 

3) Any additional services made available by Auto AXS which are not described in these Terms & Conditions are provided on a purely discretionary basis and may be withdrawn at any time. 

Use of agents 

4) Service from a dedicated Auto AXS recovery specialist is subject to availability and may be supplemented by use of appropriate agents. Auto AXS will only accept responsibility for the actions of an agent where the agent is acting on the Auto AXS instruction.

Requests for assistance 

5) All requests for assistance must be made to Auto AXS using the contact instructions provided by Auto AXS from time to time. If You contact a garage direct, You will have to settle its bill and Auto AXS will be under no obligation to reimburse You. 

Emergency nature of breakdown service 

6) Auto AXS recovery specialists are not in a position to comment on the general safety or roadworthiness of a vehicle after a breakdown. In addition, whilst Auto AXS recovery specialists will exercise such care & skill as is reasonable in a roadside emergency situation, they will not guarantee the general roadworthiness of the vehicle concerned. 

Cancellation & Suspension of Auto AXS membership Recovery Plan

7) The Member has the right to cancel their Auto AXS membership Recovery Plan within a 14 day ‘cooling off period’, commencing either from the agreement of the contract (which is the renewal date for renewing Annual Cover) or the receipt of the relevant membership documents, whichever happens later. 

The following refund policy will apply for Members cancelling within the cooling off period:

a) if the Member joined already requiring assistance, the Member will receive a full refund of the total Auto AXS membership Recovery Plan premium paid for joining but additional charges for assistance provided, which was already required at the time the Member joined will not be refunded and, if not already paid, may be deducted from any refund of Auto AXS membership Recovery Plan premium. 

b) if the Member did not join already requiring assistance, the Member will receive a full refund of the Auto AXS membership Recovery Plan premium for joining less the cancellation fee charges. Please see section You must not, in any event, make further use of the cancelled Auto AXS membership Recovery Plan. 

Outside of any relevant cooling off period (on joining or renewal) the following will apply: 
c) for Members with Annual cover: there will be no refunds for cancellation except when cancellation is requested by or on behalf of a Member because the Membership ceases to be of benefit to the Member for one of the following reasons:

   a) death of the Member or, where the Membership is Joint or Family, death of any other nominated person on the Membership; 
   b) the Member is permanently unable to drive due to illness or injury (where the Membership is Joint or Family, this will also apply to any other nominated persons on the Membership)

d) Any refund will be on a pro rata basis.

e) Auto AXS reserves the right to require the production of appropriate evidence to prove the reason for cancellation where a pro rata refund is claimed. If a member does not meet the above refund criteria but finds themselves temporarily not in need of their Auto AXS membership Recovery Plan, Auto AXS may be entitled to suspend your cover, in which case they should refer to the suspension information provided below.

f) for those with Continuous Cover: Members paying monthly or quarterly can cancel their cover at any time by giving a minimum of 30-days notice. No refunds will be considered upon cancellation and cancellation will take effect at the next payment date following the end of the notice period. Please note: Continuous Members must contact Us on 0203 995 5691 in order to cancel their Auto AXS membership Recovery Plan. If the Member only cancels their Direct Debit, this will not cancel the Continuous Cover and we may arrange to collect the payment from the credit card or debit card supplied for the initial payment, in order to ensure the Member remains covered. We will advise the Member in writing prior to this. Unless otherwise notified by the Member, we will then continue to collect payment using this method, but we will advise the Member in writing that monthly payments will continue in this manner.

g) Once you have called us, cancellation will take effect at the next payment date following the end of the notice period. Please note that Continuous Members are entitled to change their level of Auto AXS membership Recovery Plan at any time, however if the Member asks for a service to be removed from the plan held then this will take effect at the next payment date and no part refund of premium will be due.

Suspension 

8) For Members with Annual Cover, if during the course of the Cover Period your circumstances change so that the Member temporarily does not require Auto AXS membership Recovery Plan, You may suspend Your Membership no more than once in each Cover Period, for a period of at least 90 days but for no more than 5 years, if:

a) the Member is living abroad, or

b) the Member has cover from another provider, or

c) the Member has access to an Auto AXS Recovery service included with a new car purchase or 

d) the Member is temporarily unable to drive due to illness or injury.

9) Suspension of an Onward Journey plan is not available. In the event that the Member requests, and Auto AXS agrees to suspend their Auto AXS membership Recovery Plan held for Breakdown Recovery Assist, At Home Recovery and National Recovery will be suspended but any Onward Journey plan will be cancelled. The Member will receive a pro rata refund of premium for the Onward Journey plan cancellation. 

10) Auto AXS reserves the right to require the production of appropriate evidence to prove the reason for suspension (and pro rata refund in respect of Onward Journey). 

11) Any unused period of a Breakdown Recovery Assist, At Home Recovery and National Recovery plan will commence at your reactivation date (the end of the Member nominated suspension period). There will be no refund in respect of an unused Breakdown Recovery Assist, At Home Recovery and National Recovery plan. Service cannot be used during the suspension period. The Member must contact Auto AXS if they wish to reactivate the cover early. If the Member reactivates the cover whilst already broken down, a charge may be payable, which will be confirmed to the Member at the time. When a plan is reactivated, the terms and conditions in place at that time will apply, and they may have changed from the terms and conditions applying at the time of suspension. 

12) Auto AXS shall have the right to cancel Your Auto AXS membership Recovery plan (or any extensions to Auto AXS membership Recovery Plan or choose not to accept a new application for Auto AXS membership Recovery plan (or any extensions to Your Auto AXS membership Recovery plan) for the same Member in the following circumstances:

a) Auto AXS has been entitled to refuse service, on more than one occasion under sub-clause 2c or sub-clause 2d or on one or more occasions under sub-clause 2g (see page 16-17) since the membership first began; or 

b) Auto AXS considers, in its reasonable opinion, and as a result of the Member’s conduct, that there has been a breakdown in its relationship with the Member; or 

c) An Auto AXS membership Recovery plan was taken out where the Auto AXS was, or is, entitled to cancel an existing or previous Auto 12 AXS membership Recovery Plan under sub-clause a, b, e, or f, of this clause; or 

d) The member had taken out another Auto AXS membership Recovery plan in the 6-month period prior to applying for the current Auto AXS membership Recovery plan; or 

e) excessive use of the service has occurred for example, but without restriction through failure to seek permanent repair due to lack of routine vehicle maintenance or failure to maintain fuel or charge in Your Vehicle; or 

f) You or any other person accompanying You behave inappropriately to any representative of Auto AXS by acting in an abusive manner via any communication medium or 

g) if Auto AXS decides to cancel Your membership, Your membership will be cancelled upon Auto AXS notification in writing to You. This will be two days from the date of Auto AXS’s letter if Auto AXS write to you and immediately if Auto AXS notify you electronically. 

h) if Auto AXS has in the previous 6 months chosen not to renew or has cancelled another Auto AXS Membership Recovery plan taken out by the Member. 

i) In the event that Auto AXS decides to cancel an Auto AXS Membership Recovery plan under this clause 12 that membership will be cancelled with effect from the Member’s receipt of Auto AXS’s written notification of cancellation. Notification will be deemed to have been received by the Member two days from the date of Auto AXS’s letter of cancellation, if Auto AXS writes to you, or immediately if Auto AXS notifies the Member electronically. Where the Member concerned has Annual Cover, Auto AXS shall give a pro rata refund (calculated on a daily basis) of the premium based on the unexpired plan at cancellation. For those with Continuous Cover a pro rata refund of the monthly or quarterly premium based on the unexpired plan at cancellation will be due.

13) Auto AXS shall also have the right to cancel Your Auto AXS Membership Recovery plan (or any extensions to Your Auto AXS Membership Recovery plan: 

a) immediately if any premium or other related charge is overdue; 

b) if Auto AXS Membership Recovery plan has in the previous 6 months chosen not to renew a separate membership relating to You or Your Vehicle; or 

c) at any time by giving at least 45-days notice.

Changes to your Recurring Payment Authority details

14) If the Member pays under recurring payment authority and the Member’s account and/or card details change, we will approach the Member’s card provider/bank for, or receive from the Member’s card provider/bank, updated details to help continue to provide the services requested. If the Member has agreed to pay for an Auto AXS Membership Recovery plan by continuous monthly premiums and a premium is overdue or missed, we may arrange to collect the payment from the credit card or debit card supplied for the initial payment, in order to ensure the Member remains covered. We will advise the Member in writing prior to this. Unless otherwise notified by the Member, we will then continue to collect payment using this method, but we will advise the Member in writing that monthly payments will continue in this manner.

Renewal and Review

15) The Auto AXS reserves the right and is entitled not to renew Annual Cover or to change Your premium or offer a different product. a) Annual Cover If an Auto AXS Membership Recovery plan is annual, we will write to the Member, giving at least 2-weeks notice, to confirm whether the membership will be renewed and will provide details of any changes to the premium and the Terms and Conditions applicable to the membership for the next Cover Period. If the membership is due for renewal and is paid for under an existing Direct Debit or

Continuous Credit Card authority, then unless we hear to the contrary, or

I) we have given You notice of non-renewal, Your Auto AXS Membership Recovery plan will be automatically renewed at the end of each Cover Period that such authority remains in place. If a Member does not want to renew on this basis, they should notify Auto AXS before the renewal date. Where notification not to renew is received near to the renewal date e.g. within 7 days, it may not be possible to prevent payment under a Direct Debit or Continuous Credit Card authority from being collected although this will be repaid if cover has not been renewed.

b) Continuous Cover Provided the applicable premium has been paid, a Continuous membership will continue until it is cancelled by the Member in accordance with the provisions set out in clause 10b, or by Us in accordance with the provisions set out in clauses 12 or 13. However, we may review the premium and other Terms and Conditions of a continuous membership in accordance with clause 16 b) 

c) Business Use if you hold Vehicle membership in relation to a vehicle which is used as a taxi or any vehicle used to carry goods for reward including haulage, the provision of courier services, or parcel delivery, then without prejudice to the generality of clause 15 above, We reserve the right to review your membership and to cancel your Auto AXS Membership Recovery plan by providing written notice of at least 45 days. 

Changes to Terms & Conditions

16) Annual cover: Auto AXS is entitled to change any of the Terms & Conditions at renewal. Auto AXS also reserves the right to make changes to these Terms & Conditions during the Cover Period, on the giving of at least two weeks notice, where this is necessary in order to comply with any applicable laws, regulations or the advice or instruction of any regulatory authority. 

17) Continuous Cover: Auto AXS is entitled to make changes to any of these Terms & Conditions (and to the premium payable) at any time during the Cover Period, but will always give You at least 45 days prior notice of any such change(s). In the event that within 15 days of such notice You cancel Your Auto AXS Membership Recovery plan, You will be entitled to a pro-rata refund for any unused period of Cover for which a premium has been paid. 

Changes to your Personal Details 

18) Changes to your name or address must be notified to Auto AXS immediately. This must be done by contacting Auto AXS on 0203 995 5691 or by writing to Auto AXS at: Member Administration, Auto AXS, 71-75 Shelton Street, London WC2H 9JQ.

Auto AXS is entitled to serve any notice to be given under these terms and conditions, or any other materials it is required to give to You, by sending the same to the last address provided by You if Auto AXS usually contact you by post, or the last email address provided by you if Auto AXS usually contact you electronically 

Matters outside the Auto AXS’s reasonable control 

19) While Auto AXS seeks to meet the service needs of Members at all times, its resources are finite and this may not always be possible. Auto AXS shall not be liable for service failures where Auto AXS is faced with circumstances outside its reasonable control. Events which might constitute circumstances outside Auto AXS’s reasonable control include (but are not limited to) Acts of God, outbreak of hostilities, riot, civil disturbance, acts 13 of terrorism, acts of government or authority (including the refusal or revocation of any licence or consent), fire, subsidence, explosion, flood, snow, fog or other bad weather conditions, vehicle, roads that are not reasonably accessible by Auto AXS, equipment or systems failures, shortages of fuel or other necessary supplies, failure of telecommunications lines or systems, default of suppliers or sub-contractors, theft, malicious damage, strike, lock out or industrial action of any kind.

Exclusion of liability for loss of profit etc 

20) Auto AXS shall not, in any event, and to the extent permitted by law, have any responsibility for 

a) any increased costs or expenses; or 

b) any loss of: 

   i) profit; or

   ii) business; or 

   iii) contracts; or 

   iv) revenue; or 

   v) anticipated savings; or 

   vi) for any special or indirect losses incurred as a result of or in connection with any service, whether resulting from tort (including negligence or 

   vii) breach of statutory duty), from breach of contract or otherwise. For the avoidance of doubt, nothing in this clause or these Terms & Conditions shall exclude or restrict Auto AXS’s liability for negligence resulting in death or personal injury. 

Enforcement of Terms & Conditions 

21) Failure to enforce or non-reliance on any of these Terms & Conditions by Auto AXS will not prevent Auto AXS from subsequently relying on or enforcing them. 

22) None of the Terms & Conditions, or benefits, of Auto AXS Membership Recovery plan are enforceable by anyone else other than the Member. For the avoidance of doubt, and without limiting the above, any rights under The Contract (Rights of Third Parties) Act 1999, or any replacement or amendment of such act, are excluded. 

Use of headings 

23) The headings used in this Policy are for convenience only and shall not affect the interpretation of its contents.

Interpretation: use of English law & language 

24) Your Auto AXS Membership Recovery plan and these Terms & Conditions are governed and should be interpreted by the laws of England and Wales. The EEA State, for the purpose of an Auto AXS Membership Recovery plan, is the United Kingdom. The Terms & Conditions are written in English and all correspondence entered into shall be in English. 

Fraudulent Applications 

25) If we discover that You, anybody insured under this policy or anyone acting for You has knowingly: 

   a) made a fraudulent or false application. 

   b) misrepresented any answers to our questions or withheld any relevant information in order to influence Auto AXS. 

   c) provided false or invalid documents in support application; or 

   d) following an allegation or suggestion of fraud by Auto AXS, or any other 3rd Part Business partner, withdrawn an application, had an application refused or declined or had a policy cancelled or made void.

we may: 
   e) treat Your policy as if it never existed from the date of the fraud or misrepresentation and retain any premium You have paid for this policy. 

   f) serve You a 7-day notice of cancellation on all other policies that You hold with Us; and pass details to the Police and fraud prevention agencies; or 

   g) Refuse to honour your application if any way fraudulent, false or exaggerated and recover from You any costs that have been incurred.