EMC Group Courtesy Car Loan Agreement

Terms and Conditions of use

If a courtesy vehicle has been reserved for you, please read this document carefully to ensure that you meet the required criteria and are happy with our terms and conditions before you are due to collect your courtesy vehicle.

Please remember to bring in the card part of your driving licence to enable us to arrange courtesy car insurance cover for you.

A – Dealer Arranged Insurance Conditions

  • You and any drivers, whether in person or by You or their behalf must provide truthful answers to Our insurance underwriting questions and must not withhold any information that may be relevant to the underwriters decision to provide cover and You agree to Indemnity in full if as a result of this clause We suffer any losses.
  • You agree that in the event of a claim, all of the information provided by You will be made available to the insurers who may pass this information to central registers for use in assessing future Insurance claims.
  • This agreement is subject to include the terms, conditions and limitations of the Insurance policy, a copy of which may be inspected at Our offices.
  • The Insurance arranged by Us will only apply if You or the person driving or using the vehicle with your permission has confirmed that they:
    • hold a full current valid full UK or EEA driving licence and have done so for at least 12 months
    • are aged 18 or over subject to the following limitations:
      1. Drivers aged 18-20 are only permitted to use a Private car with an ABI vehicle group rating of 1-20, or a commercial vehicle designed to carry up to 3500kg
      2. Drivers aged 21-24 are only permitted to use a private car with an ABI vehicle group rating of 1-43 or a commercial vehicle designed to carry up to 3500kg, or a motorcycle with an ABI group rating of 1-29
    • have not been involved in any motoring offence involving alcohol, drugs, careless, dangerous or reckless driving or taking a vehicle without consent in the last 3 years
    • have not been disqualified from driving during the last 3 years
    • have not been involved in more than 2 at fault accidents or claims in the last 3 years
    • have not been convicted of any Road Traffic Offence or series of offences where the penalty point accumulation is 9 points or more
    • have not been convicted in the last 5 years of any criminal offence to fraud, robbery, theft or handling stolen goods including prosecution pending
    • do not have any physical or mental defect or disease where terms have been imposed on their licence by DVLA
    • are not employed as a professional entertainer or as a professional or semi-professional sportsperson

    B – Customer Self Insurance Conditions

    • Where you have undertaken to self-insure the vehicle, then this cover must be for the full duration of the loan and fully comprehensive. You agree to fully indemnify Us where there is any shortfall in the difference between the Our loss and Your insurance payment or if the insurance company fails to pay out for any reason.
    • You agree that any payment made by Your insurance company to you in respect of any damage to our vehicle belongs to us and you agree that your insurance company will make any such payment to us directly
    • You agree that you are responsible for ensuring that your insurance details are correctly logged with the Motor Insurance database (MID)

    C – General Agreements, Obligations and vehicle usage restrictions

    1. You are liable during the loan period as the user of the vehicle for any road traffic offences which are notified to us as the registered keeper of the vehicle together with any penalties applied by law for the commission of any such offences
    2. You are liable as the user of the vehicle for any parking fines or charges however imposed whether by local authority, private individual on private land or by any other means and for any charges imposed by the London Congestion Charging scheme operating within the UK and you further agree that your credit or debit card may be debited by such an amount equivalent to any such financial demand made to us including any administration charge levied in respect of any such fine or charges
    3. You agree to return the vehicle at the end of the loan period with the same level of fuel in the fuel tank as at the commencement of the loan and pay us any fuel surcharge in the event that the fuel level is lower upon return of the vehicle at the end of the loan period as detailed in the Connect agreement accompanying this vehicle loan and the maximum period of any loan period is 60 days
    4. We accept no liability whatsoever for property carried or left in the vehicle during the loan period or for any property left in the vehicle after the expiry of the loan period or upon the return of the vehicle into our custody and control
    5. Our failure to enforce any term of this agreement shall not be construed as a waiver of our rights hereunder
    6. You must not allow or use the vehicle:
      1. for carrying passengers or goods for hire or reward, racing, pace making, reliability trial, speed testing, track day to propel or tow any other vehicle or trailer.
      2. For any unlawful purposes
      3. for carrying more passengers than the vehicle was originally designed to carry
      4. if any mechanical failure or structural damage to the vehicle may cause further damage
      5. to be driven by or be in the control of any person not licensed to drive the vehicle or any person under the influence of alcohol or drugs
      6. you will not take the vehicle outside the territorial limits of the UK
      7. for carrying pillion passengers on motorbikes
    7. You agree to pay the agreed insurance excess in full as described in the connect agreement accompanying this vehicle loan immediately following an insurance claim
    8. You agree to return the vehicle on request by us regardless of any previously agreed return date and if you fail to respond to any reasonable request for the return of the vehicle then we are entitled to repossess the vehicle without any further notice to you
    9. You have no authority in any circumstances to authorise any repairs to the vehicle and you or any driver of the vehicle may not hold themselves out to be a servant or agent of the dealer for any purposes whatsoever
    10. You are liable to pay us any loss that we may sustain as a result of your wilful action in relation to the use or otherwise of the vehicle by you or others during the loan period
    11. Any person signing this agreement on behalf of the customer warrants that he is authorised to sign for the customer and is jointly and severally liable with the customer in all aspects under this agreement
    12. We may end this agreement immediately if you are in breach of any provision of paragraphs (13 ii) herein or for any other serious breach of this agreement. We retain any other rights and remedies provided by law. If we exercise our right under this paragraph, we shall have the right to repossess the vehicle and you will not have any right to compensation
    13. You agree:
      1. To return the vehicle during business hours promptly as agreed to our address, in clean condition, together with all of the vehicles fittings and accessories and indemnify us for the cost of replacement of any missing items or for any cleaning costs.
      2. If you fail to return the vehicle to us at the end of the loan period an element of the damages payable for such breach will be the rental charges that would be payable to us to replace the vehicle for the period whilst you retain the vehicle in breach of this agreement to return it to us
      3. to safeguard our interests in the event of any accident involving the vehicle, by obtaining the names and addresses of all relevant drivers and witnesses, securing the vehicle, and where appropriate notifying the police
      4. You shall not and have no authority or power to assign this agreement to any third party
      5. to inform us immediately where the vehicle sustains any damage whatsoever or develops any faults and you have no authority to act on our behalf in rectifying any such damage or faults
      6. to secure the vehicle when unattended and take steps to avoid any potential losses in such circumstances
      7. To undertake regular checks on fluid levels, tyre pressures and lighting bulbs and any other routine safety checks that are appropriate and we will not be responsible in any circumstances for any failure on your part to ensure that the vehicle is roadworthy and safe during the loan period other than in warranting you that at the time the loan period commences the vehicle has passed all reasonable safety checks conducted by us before you take control of the vehicle.
      8. You will be responsible for the day to day maintenance of the courtesy vehicle whilst in your care including oil, water and tyre pressures
      9. that this agreement and any attachment thereto including the connect agreement accompanying this vehicle loan contains the entire understanding between the parties and that no addition or alteration of the terms shall be valid unless made in writing and signed by us
      10. You are not entering into this agreement on the basis of any warranty or representation by us save as described at paragraph (vii)
      11. Smoking is prohibited in the vehicle
      12. In the event that you continue to operate the vehicle after we have terminated this agreement under paragraph 12 above then you acknowledge and agree that we shall have the right to notify the police that the vehicle has been stolen and we shall not be liable for any financial or other consequences to you arising from any such notification to the police.
      13. that pets are prohibited in the vehicle

    D – Your Day Insure Connect Cover

    Where stated in the vehicle loan form your loan of the vehicle includes third party liability insurance which meets all legal requirements and protects You and any authorised driver against claims from any other person for death, personal injury or damage to the property caused by the vehicle during your loan. This insurance does not cover your personal effects, You are responsible for an insurance excess as below, this will apply to each and every loss. All aspects of the insurance cover provided are subject to English law.

    If you are unhappy with any aspect of this agreement please contact your dealership and they will try and resolve the matter for you.

    Insurance Excess

    Insurance excesses will be charged at:
    £500 per incident for drivers aged 18 to 24 years old
    £250 per incident for drivers aged 25 years and older

    Dealership Insurance Charges

    Insurance is charged at £15 per day if using our insurance cover.

    Animals are not allowed in the vehicle.

    We are able to arrange insurance cover without cost for Motability customers upon receipt of their Motability RSA insurance certificate.