- • You agree to pay us the set fees for each Service you subscribe to
- • To subscribe to any of our services you must have an active registration with an ADR provider or obtain such a registration within 3 months (Section 1.1)
- • Following completion of the work to a motorist’s vehicle, you must verify the work undertaken in your account (Section 4.1.6)
- • Customer no shows must be notified within 7 days (Section 6.6)
- • All trademarks on the Platform are owned by us, AADL or AABML (Section 13.7)
- • Use of AA branding is restricted and only permitted as outlined (Section 13.8)
The below information details the selection of services that you can utilise through AA Garage Services Limited (“AAGS”), you may elect to participate in all of the described offerings, or just certain elements. That choice is entirely your discretion, however the following details the terms for all the respective parts, (“the Agreement”).
The links below set out all you need to know about your use of this website. They detail legal sections, contact details and information about how things can change.
AAGS operates the following Services (the “Services”):
- • Garage Guide, garageguide.theAA.com website (the “Website”)
- • AA Tow-in Programme on behalf of the AA (the “Programme”)
- • AA Garage Guide Platform (the “Platform”)
- • Premium AA Garage Pack (“Branding”)
‘AA Tow-Ins Programme’ (“Programme”).
The purpose of the Programme is to support AA patrol recoveries by providing an additional listed network of AA Tow-Ins Programme garages and repair centres that may be used when the AA cannot repair the relevant vehicle at the roadside. Under the Programme the AA will deliver the vehicle to you and you will receive the vehicle. Once the AA has delivered a vehicle to you, you will negotiate and deal with the owner of the vehicle for the provision of your vehicle repair services.
The Programme listed garages will be listed with any other of the our non Programme listed garages. The selection of any garage whether Programme or non Programme is ultimately at the discretion and direction of the vehicle owner, the AA assists the vehicle owner by providing a list of possible garages. Each vehicle delivery booking will be notified to you via the Platform.
To participate in the Programme you must already be a participating garage within the Garage Guide Service Network that is served and provided by AAGS. Your participation in the Programme will continue for as long as you participate in the Garage Guide Service Network.
If you do not wish to participate in the Programme or if at any time you wish to leave the Programme please notify AAGS by calling us directly on 01235 250 123.
The Referral Process and Fees
Fees payable by you for each vehicle that is delivered to you will be charged as either a flat fee or a percentage of the final invoice value. You will be prompted to confirm which charging model on a per job basis, via the Platform. AAGS may vary this fee or percentage from time to time. We will give you as much notice as we can of any changes to the fee. The fixed fee option is payable at the point of vehicle referral by the AA and will be charged and paid by you via the Platform where you must either pre-register a card or set-up a Direct Debit. The percentage of invoice value option is payable once the vehicle repairs have been complete and you have confirmed the final invoice value via the Garage Guide platform. The payment will be charged to either a pre-registered card, or via Direct Debit. The fee is refundable if you can validate that the vehicle owner is an existing customer of your garage. An existing invoice dated no later than the previous 6 months will need to be uploaded to the platform as validation.
The fees payable by you for your involvement in the Tow-ins Programme will continue to apply and are separate from the fees payable under the Garage Guide Programme. Once the vehicle has been delivered to you any fees and charges for any vehicle repairs shall form the subject of negotiation between you and the vehicle owner. You agree to conduct quotation and negotiation of repair fees with the owner of the vehicle lawfully, fairly and in good faith at least in accordance with good industry practice, guidelines and rates. The fees payable by you to the AAGS under the Tow-Ins Programme may not be passed on or charged to the vehicle owner.
If a motorist towed to your garage decides not to go ahead with any work and/or a zero value invoice is submitted along with a percentage fee level, we will charge you £12 for that customer unless they are an existing customer.
The AA does not make any guarantees as to the credit-worthiness of any vehicle owner that is referred to you under the Programme.
“AABML” means AA Brand Management Limited company registration number “08603543”
“AADL” means Automobile Association Developments Limited company registration number “01878835”
“ADR” means Alternative Dispute Resolution.
“Anti-bribery Laws” means all other applicable laws, statutes, regulations and codes in relation to anti-bribery or anti-corruption and any similar or equivalent legislation in any other relevant jurisdiction, including but not limited to the Bribery Act 2010.
“Business Day” means between 9.00am and 5.00pm (other than a Saturday or a Sunday) on a day which clearing banks are open for business in the City of London.
“Client Branding” means any logos which represent or contain your branding.
“Client Materials” means any materials provided to us which contain your branding.
“Display Materials” means any garage internal or external branded point of sale materials, banners, flags or merchandise.
“Fee” means the fees payable by you once a Motorist has made a booking for Motor Services with you and shall be automatically deducted from your registered pre-payment card.
“Intellectual Property”: shall mean patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, source code, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world
“Motorist” means any individual(s) or company using the Website to purchase a Motor Service product from you for a motor vehicle.
“Motor Service” means the Service or Services provided by you to the Motorist, which may comprise of motor vehicle servicing, MOT , repair to the Motorist’s vehicle and any such related assistance or advice or accumulation of the same which will be collectively the Services.
“Platform” means the system that garages use to accept bookings, respond to quotes and generally manage their listing on the Garage Guide Service Network.
“Premium AA Garage Pack” means the Branding Package (“Branding”) gives you the opportunity to display AA Branding licensed to us by AADL.
“Services” means the Service you receive from us by utilising your registration and use of the Website Services, Programme or Branding (as shown above) following your and any other activities conducted through the Website or Programme including but not limited to any referral of Motorists for vehicle bookings for Motor Services any marketing activities provided by us.
“We”, “Us” and “Our” means AA Garage Services Limited (company number: 01013245), whose registered office is at Fanum House, Basing View, Basingstoke, Hampshire, RG21 4EA and contact address is 24 East Central, 127 Olympic Avenue, Milton Park, Abingdon, Oxfordshire. OX14 4SA
“You” or “Your” means any business accessing or using the Website for the Services.
Conditions of use
- Qualifying Criteria
- In consideration of us providing the Services to you, you agree to comply with the terms of this Agreement and pay Fees as detailed.
- On registering with us, you are issued with, or may choose a username and password which must be used to access your account. The username and password is personal to you and is not transferable.
- Your name and password are the methods used by us to identify you and so are very important. You are responsible for all information posted on the Website by anyone using your username and password and any payments due for services accessed through the Website by anyone using your username and password. Any breach of security of a username and password should be notified to us immediately.
- Your Obligations
- It is a condition of your on-going use of the Services, that on acceptance of a Motorist’s booking request that you will have a direct agreement with that individual and as such private contract and in completion of those Motor Services works by you, that you;
- Use all reasonable endeavours to complete the Motor Services for the Motorist as per your agreement with them and ensure that the services are undertaken and performed by employees who possess the appropriate level of knowledge and experience;
- not act in any way that is likely to adversely affect or damage the good name and reputation of the AA;
- obtain and maintain at your expense all licenses, powers and consents necessary to provide your services;
- provide your services with all reasonable care, skill and diligence and in accordance with best industry practice, the terms of this letter agreement, applicable laws and other applicable codes of practice and regulations; and
- ensure that any delivered vehicle and any other property of a delivered vehicle owner is kept and stored securely and safely using suitable secure premises and facilities
- digitally verify on the Motorist account that the works undertaken for the Motorist are complete and their service history is updated;
- Update their online service vehicle log via your secure log-in;
- You will do this within 5 working days, or after our email prompt to you;
- Ensure that your pre-payment card information is active and up to date;
- Ensure that all telephone numbers listed in any publication are those issued by us and are those which can be tracked and traced by us;
- Ensure that all communications with the Motorist include the telephone numbers issued by us;
- Ensure that all communications with the Motorist are through our messaging systems;
- We reserve the right to take payment via other lodged payment methods if a DD is declined;
- Fraudulent verification or the addition of incorrect service history information will result in your listing being permanently removed from the Website.
- We reserve the right to terminate your access to the Website or Services and disable any username or password, whether chosen by you or allocated by us at any time, if in our opinion you have failed to comply with any provision of this Agreement.
- If our performance of any of our obligations under the Agreement is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Client Default):
- We shall without limiting its other rights or remedies have the right to suspend supply of the Services until the you remedy the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays our performance of any of our obligations;
- We shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from the our failure or delay to perform any of its obligations as set out in this; and
- You shall reimburse the us on written demand for any costs or losses sustained or incurred by the us arising directly or indirectly from the Client Default.
- That we may levy a charge to your account by way of recovering any costs incurred in such contact.
- As a condition of your use of the Services you agree:
- Not to use the Website or Platform for any purpose that is unlawful under any applicable law or prohibited by this Agreement;
- Not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Website or its content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
- Not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing.
- Not add your own website URL for use through our Website.
- Accept that the we may from time to time conduct inspections or mystery shopping to investigate quality of Services and validate Motorists attendance/non-attendance and that you shall provide prompt and full cooperation with any visit.
- Ensure that you maintain affiliations and memberships with any Chartered Trading Standards Institute Code of Practice or employ IMI registered professionals or equivalent who provide an ADR service and notify us immediately if you are unable to do this or leave any of the required affiliations or memberships as this may affect your qualification to be listed on our Networks.
- It is a condition of your on-going use of the Services, that on acceptance of a Motorist’s booking request that you will have a direct agreement with that individual and as such private contract and in completion of those Motor Services works by you, that you;
- Our Obligations
- We agree to provide Services using all reasonable care and skill.
- We will use all reasonable endeavours to ensure the Motorists rate and review your business following purchase and completion of Motor Services from you.
- We will ensure Motorists will only receive your digitally verified works on their account once they have completed the review and rating process for your business.
- We will try to allow uninterrupted access to the Website, but access to the Website may be suspended restricted or terminated at any time.
- The AA shall be entitled but not obliged to refer and deliver vehicles to you and you understand and agree that the AA does not make any representation or guarantee as to the volume or levels of vehicle notifications or deliveries.
- All Fees shall be charged to the pre-payment card submitted by you, or via Direct Debit upon registration on the Platform or via Invoice.
- Fees shall be charged when the Motorist makes a booking with you;
- via the online booking tool within the Website
- via the tracked telephone booking number within your listing on the Platform
- via one of our Patrols
- Should any such Motor Services bookings be cancelled by the Motorist, Fees incurred shall be refunded accordingly, once cancellation is verified with the Motorist and has not been rebooked.
- No refund will be provided if the Motorist has simply varied or altered the original booking.
- No refund will be provided if the vehicle is substituted for another.
- No refund shall be provided if we are informed a Motorist failed to show for their appointment 7 days beyond the original appointment date.
- We shall notify you by email as Fees become payable and that payment has been concluded.
- Any fees quoted do not include VAT unless expressly stated otherwise (such VAT to be charged by us and paid by you at the then-applicable rate).
- All Fees shall be paid in full, without deduction or set-off other than as required by law, in cleared funds within 30 days of the invoice date.
- Where sums owing to us are not paid in full by the due date or cleared via the pre-registered card we may, without limiting any other rights under this Agreement, charge interest on such sums at 2% a year above the base rate of HSBC bank from time to time in force, and interest will accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether before or after judgment.
In addition to any other termination rights stated in this Agreement either party may terminate this agreement at any time on 30 days written notice by sending an email to the Customer Services email address listed in the Platform or by post to our address listed above.
We may at any time terminate this agreement and your participation in the Programme with immediate effect. If you wish to terminate this agreement an authorised person must provide 3 months notice in writing by sending an email to the Customer Services email address listed in the Platform or by post to our address listed above. If we need to terminate this agreement we will notify you in writing. Termination of this agreement will not affect your or the our accrued rights or remedies.
The Branding Subscription shall be an annual contract terminable on each anniversary of the Agreement. You may provide up to 30 days notice of termination by sending an email to the Customer Services email address account listed in registered in the Platform or by post to our address listed above.
- The inspection will be carried out on an annual basis.
- Our inspection team reserve the right to ascertain the severity of any failure items and allow reasonable time for your rectify before re-inspection is scheduled.
- If you fail your initial inspection and decide not to proceed with a chargeable re-inspection, we will still collect the first 3 months subscription payments to cover our administration and initial inspection costs.
- If you fail your initial inspection and decide to proceed with a re-inspection we will charge you the cost of £160+VAT in advance to cover the cost of the re-inspection.
- We reserve the right to perform a random mystery shop visit to ensure you are adhering to our standards.
We may terminate this agreement immediately in the event that you breach any of our (or our licensors’) intellectual property rights.
- We may terminate this Agreement if we regard that you have fallen below the standard of a reasonable garage operator.
- We may terminate this Agreement if disciplinary action is taken against you by any scheme providers including but not limited to HMRC, DVSA, RMI, IMI and The Motor Ombudsman.
- On termination of this agreement for any reason:
- you will immediately pay all invoices due to us then outstanding and not disputed in good faith;
- we will, within 10 Business Days, invoice you for all Services delivered or provided but not yet invoiced and you will pay such invoice within a further 5 Business Days (unless the invoice is disputed in good faith); the accrued rights and liabilities of the parties will not be affected; and
- any clause which expressly or by implication are to survive termination will do so.
- The information provided by us on the Website is intended to be general in nature and is not in any way a recommendation to buy or provide any of the products or services featured on the Website.
- The information on the Website, including prices and details of products and services, including any offers, is subject to change at any time and in the event that such change takes place we shall not be liable to you in any whatsoever.
- Whilst we take care to try and ensure all content and data on the Website is accurate and correct you agree that your use of the Website and any Services is on an ‘as is’ basis and (to the extent permitted by applicable law) we disclaim all warranties and representation (whether express or implied) in relation to the provision of the Website, including without limitation, as to the completeness, accuracy and currency of any content or any information on the Website, or as to the satisfactory quality or fitness for a particular purpose of the Website.
- We accept no liability for the accuracy or completeness of any information contained on or provided via the Website or for any reliance placed by any person on the information.
- Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Website, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the Website save where such liability cannot be excluded by law.
- We do not guarantee that the Website will be fault free from viruses any anything else which may have a harmful effect on any technology nor do we accept liability for any errors or omissions.
- You agree to indemnify the Company and keep the Company indemnified fully and effectively against all actions, proceedings, claims, demand, damages and costs (including legal costs on a full indemnity basis) incurred as a result of any breach of the warranties set out in this Agreement;
- Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Platform (including the downloading or use of any information contained on the Platform) exceed the amounts paid by you to us in relation to your use of the Platform in the prior 12 months.
- We shall have no liability for any indirect or consequential loss that may be suffered by you, such terms include pure economic loss, loss of profit, loss of business, loss of business opportunity, loss of opportunity to enhance your reputation, loss of goodwill and like loss howsoever caused.
- Notwithstanding any other provision of this Agreement, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Website or for any other statutory rights which are not capable of being excluded.
- Third party websites
- The Website contains links or references to third party websites. We have no control over these third party websites and therefore assume no responsibility for any content, material or information contained in them.
- Third Party Contracts with Motorists
- All agreements, negotiations, communications or arrangements of any type made direct with the Motorist are made direct between the you and the Motorist and we shall have no liability or responsibility to either party under the terms of the arrangements made between you both.
- You must complete your own investigations of the Motorist regarding such agreements.
- Intellectual Property Rights
- Website, Platform and Programme:
All materials presented via our Services or more specifically on the Website, unless specifically indicated otherwise, are under copyright to us or our licensors. We reserve all rights. You are free to download or print a single copy of the contents of the Website but you may not reproduce or redistribute materials, in whole or part, on this Website without our prior written permission.
- Your listing on our Website is not an endorsement by us or the AA and you agree not to take any actions that would suggest otherwise, including using any of our or the AA’s Intellectual Property rights.
- All AA trademarks used on this Website are the registered trademark of AABML and are used under licence from Automobile Association Developments Limited.
- All other Intellectual Property rights (including but not limited to all copyright, trademarks whether or not registered or capable of registration, registered designs, design rights, domain names, database rights, patents, trade names and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world belong to us or our licensors.
- You may not adapt or circumvent the systems in place in connection with the Website, nor access the Website other than through normal operations.
- You must not reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Intellectual Property or Website or any of its content except as permitted by us under this Agreement or as expressly provided under applicable law
All trademarks, logos, content, graphics, images, photographs, animation, videos, text and software used on or in connect with the Service are the intellectual property of AAGS, AADL or its suppliers or clients. We grant to you a nonexclusive, royalty free, worldwide, licence to use the Service for the purposes of the Agreement. You may not otherwise, use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative, works from, such material without our specific prior consent in writing.
- You are entitled to display the Display Materials inside your premises only. Displaying the Display Materials externally is not permitted.
- You are entitled to refer to your commitment to the “AA Garage Guide Promise” on your website provided that you use the exact text, layout and branding supplied by AAGS and without any amendments.
- Display of digital materials on your website provided to you by us is permitted insofar that the digital material is not copied onto your website but must be directly referenced by the embedded URL provided by us.
- For the avoidance of doubt, you are not entitled to make any public reference to the “AA Garage Guide Promise” or similar except insofar as expressly stated.
- The Client acknowledges that (save in relation to Client Materials) all Intellectual Property Rights in the Website and in any Customer Data or other data collected by us in connection with this Agreement are owned by us absolutely.
- Use of our branding is permitted prior to your initial inspection unless there is a serious failure or failure on agreed key items within the inspection. Any identified key failure items identified as ‘serious’ would require immediate removal of our branding. ‘Serious’ failure items would also result in immediate suspension of your listing on any of our products.
- Website, Platform and Programme:
- Data submitted by you
- We shall retain ownership of all copyright in content that you submit to the Website, for example reviews or feedback on services provided to you by a garage. You grant us a worldwide, non-exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such content in any manner.
- If you submit content or data for display on the Website you are responsible for ensuring that the content and data is accurate, complete and up to date and for updating that data where necessary for ensuring that no content or data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties. You warrant that you have taken all reasonable precautions to ensure that any content or data you upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.
- We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Website that we consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website. You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this condition.
- We reserve the right to remove images provided by you, should they fall below our acceptable standards for publication.
- Compliance with Laws
- If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
- We may make changes to these terms and conditions by posting the revised version on the Website. The Client will be bound by the revised agreement if it continues to use any part of the Service following the effective date shown. You agrees to check the Website regularly.
- If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
- Unless expressly provided in this Agreement, no term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
- Nothing in this agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
- You shall not, without the prior written consent of us, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this agreement. We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this agreement