|
CONDITIONS OF MEMBERSHIP FOR TRAILER OWNERS In consideration of the requisite fee having been paid, the person named in the application (hereinafter known as the Member) shall receive Associate Membership of The Organisation of Horsebox and Trailer Owners (hereinafter known as The Organisation) for the period of one year from the date of acceptance and shall have the right to participate in all benefits which The Organisation shall offer from time to time. No agent, contractor or servant of The Organisation or PRP Rescue Services Limited has any authority to alter or vary these terms and conditions in any way. They may be varied only by express written agreement, signed by a Director of PRP Rescue Services Limited. The Organisation shall have the right to refuse or cancel membership if it is deemed necessary in order to protect the interests of The Organisation and its Members. Membership will commence at 12:00 (midnight) on the day that payment is received from the Member and processed by The Organisation. BREAKDOWN RESCUE SERVICE Every Member, or their agent, shall automatically be entitled to the services of the OHTO Rescue scheme. The principal benefits, terms and conditions are set out below: if the Member's trailer or its declared towing vehicle (hereinafter known as the Vehicle) should be immobilised by a breakdown, OHTO Rescue will arrange for roadside assistance and/or towing to either the Member's home address or nearest suitable repairer. The Organisation will pay for the cost of providing emergency repairs which are essential to enable the Vehicle to continue its journey, subject to the following terms: THE BREAKDOWN RESCUE SERVICE DOES NOT COVER: 1) Any trailer not specifically constructed for the carriage of livestock. 2) Any vehicle and trailer combination exceeding 3.5tonnes. 3) Any recovery resulting from accident, fire or theft that would normally be covered by vehicle insurance. 4) Any vehicle or trailer which has not been serviced in accordance with the manufacturer's recommendations or is not in good mechanical or roadworthy condition. 5) Any claim arising from circumstances known to the Member at the time of applying for cover or at any time prior to the commencement of a journey, or any claim arising as a result of a fact or facts material to this agreement where such fact or facts have not been fully disclosed to The Organisation. 6) Any willful act or omission of the Member. 7) Breakdown occurring, requiring service, within a one mile radius of the Member's home address or normal garaging/parking location of the Member's vehicle/trailer. 8) The provision of the service to any Vehicle involved in an accident or which has suffered external damage, ditched, bogged or been temporarily disabled by fire, flood, snow, sand or mud. 9) Damage, defects, wear and tear or gradual deterioration of any part of the Vehicle caused by or from ordinary usage which does not necessitate immediate stoppage. 10) Vehicles used for demonstration or delivery by the Motor Trade, or used under Trade Plates or leased or hired vehicles or trailers. 11) The Cost of fuel, oil or other materials or spare parts. 12) The cost of recovery to more than one nominated address in respect of any one breakdown. 13) Any motor vehicle that is not attached to a trailer at the time of the breakdown. 14) Breakdown resulting from freezing of diesel fuel unless a recognised and recommended fuel additive has been used. 15) Breakdown of any Vehicle which is being used in contravention of the law or which is being used for an illegal purpose TERRITORIAL LIMITS This agreement applies only to breakdowns occurring within the territorial limits of the United Kingdom. GENERAL CONDITIONS 1) The Member shall take all ordinary and reasonable precautions to prevent loss, damage or breakdown to the Vehicle i.e out of fuel, wrong fuel input, lost or trapped keys or recurring fault. 2) The Member will be required to reimburse The Organisation, within seven days of any request, any expense incurred by The Organisation in providing any service under this agreement for which The Organisation is not responsible. 3) A 15% Service Charge may be added to any expense incurred by The Organisation in providing any service under this agreement for which The Organisation is not responsible. 4) Should any account in breach of our payment terms and conditions be passed to our third party collection agency the minimum charge for that agency service is £l2.75. 5) This membership is personal to the Member's Vehicle and shall not be assigned. 6) OHTO Rescue have the right to refuse rescue service to any Member not in possession of a current Membership Card and able to quote their current membership number. The Member or his/her representative must be present when assistance arrives. 7) OHTO Rescue telephone operators are not expected to know the Terms and Conditions of every caller's membership, this is the responsibility of the individual Member. 8) The Organisation, its agents, servants or independent contractors may, at their discretion, refuse service where a Member's use of or request for that service is deemed to be excessive, unreasonable or impractical. 9) Whilst The Organisation will take all reasonable care, it is a term of membership that The Organisation and its contractors accept no liability whatsoever in respect of loss, or delay to the Member's Vehicle and contents which will be, and remain, at the Member's sole risk, and the Member shall indemnify The Organisation and its contractors from and against all claims, costs and demands whatsoever and by whomsoever made and howsoever arising from negligence or otherwise. 10) Any dispute relating to services received via membership to be notified to the membership office within seven days of occurrence. 11) All callouts must be cancelled by the Member, if assistance by OHTO Rescue is no longer required. 12) The membership fee is non-refundable. BREAKDOWN PROCEDURE In the event of emergency breakdown, only the emergency centre of OHTO Rescue are to be contacted to arrange for assistance; in the event of a tyre problem then only PRP Tyre Services are to be contacted. DISPUTES Any dispute, difference or question which shall at any time hereafter arise between a Member and The Organisation or its respective representative, touching any claim or counter-claim put forward on the part of the Member against The Organisation in connection with or arising out of membership or any extension thereof, shall be referred to the arbitration of a single Arbitrator to be agreed by the parties. The cost of such arbitration shall be in the discretion of the Arbitrator and the award of such Artbitrator shall be a condition precedent to any legal proceedings in a court of law in respect of any matters hereby agreed to be the subject of arbitration. The arbitration shall unless otherwise agreed be held in a mutually agreed location or in a location proposed by the Arbitrator in the event of failure to agree. Service of a notice served by post shall be deemed to have been made two days after posting. In proving service by post it shall be sufficient proof that the envelope containing the notice was properly addressed and posted as a pre-paid letter by First Class postal service to the Member's last known address. These terms and conditions shall be governed by and construed in accordance with the laws of England. Return to Membership Application Form THE ORGANISATION OF HORSEBOX & TRAILER OWNERS Whitehill Farm, Hamstead Marshall, Newbury, Berkshire RG20 0HP |