Interpretation
In these “Terms of Agreement”, the following terms shall be interpreted accordingly:

a. “the company” or “the service company” shall mean “RMF Ltd”.
b. “the member” shall mean the person whose name features on the membership card issued by Toyota.
c. “the vehicle” shall be taken to mean as the vehicle/registration number featured on the membership card issued by Toyota.
d. “breakdown service” shall mean the repair/temporary repair of the vehicle, or towage of the vehicle when repair/temporary repair is not possible.

1. Breakdown Service
The company undertakes to provide the member’s vehicle with twenty-four hour breakdown service notwithstanding that the driver of the vehicle may not be the enrolled member.

2. Repair Service
The repair service shall consist as follows:

2.1The company undertakes to send its representative to the spot where the member’s vehicle has broken down as soon as possible after the registration of the call to the company’s offices, alerting the company about the breakdown of the vehicle.  A designated Toyota telephone number shall be available on a twenty-four hour basis.  The person calling the designated number shall quote the vehicle’s registration number.

2.2The company undertakes, when the vehicle breaks down to try and repair the said vehicle at its place of breakdown.  If however, for any reason whatsoever, the Company’s representative determines that such repairs are not possible or feasible or, alternatively are not minor repairs which are capable of repair on the roadside hereinafter referred to as “roadside repairs”, but are repairs of a major nature (including faulty brakes or steering), the company shall, in default, provide the client with its towage service.

2.3A vehicle that has run out of fuel due to lack of replenishment is not eligible for the free breakdown service.

3. Towage Service
The towage service shall consist of the following:

3.1The company shall tow the vehicle to the premises of Michael Debono Ltd in Zebbug.

3.2Having towed the vehicle to Michael Debono Ltd, the company shall bear no further responsibilities with regard to that particular breakdown of the vehicle, and its breakdown service (repair and towage) shall not operate with regard to the vehicle until it has been repaired and is once more roadworthy and in a good working order.

4. Transport Service
When the towage service mentioned in paragraph 3 comes into operation, the company representative may offer transport to the current driver and another passenger of the towed vehicle.  At the company representative’s absolute sole discretion, this transport shall be either to the member’s home address as recorded with the company or to the nearest point of (public or private) transport service.

5. Costs met by the company
The company shall meet the cost of:

(1)sending its representative to the  scene of the breakdown (one return journey only);

(2) roadside labour;

(3)towage to Michael Debono Ltd if roadside repair is considered to be impracticable, at the company representative’s absolute discretion.

6. Company’s discretion
The determination of whether a roadside repair is a minor roadside repair, and, in default, the decision to tow the car to Michael Debono Ltd shall be at the complete and sole discretion of the company.

7. Obligations of the member

7.1 The member undertakes, to keep the vehicle in a road-worthy, well-maintained and good working condition.

7.2 The member undertakes to pay, at their current market price, for any non-Toyota warranted parts that are replaced, in the course of the breakdown service.

7.3 The member shall bear all other costs including, in case of repairs carried out at a garage other than Michael Debono Ltd, even if at the company’s garage, the cost of labour, parts, and other overheads, in accordance with the normal practice in trade.

7.4 Prior to taking delivery back of his vehicle, the member pledges to effect payment for parts and repair work to the garage in which the driver chooses to take the vehicle.

7.5 The member also undertakes to carry out all other duties indicated in other articles of these “Terms of Agreement”.

8. Limitation and exclusion of services

8.1 The breakdown service is only available when the vehicle breaks down on the road.  Repair and/or towage of the vehicle situated beyond the road, or situated in the sea, or recovery of which would be dangerous or illegal for the company’s staff to load and/or transport are hereby categorically excluded from the service being provided by the company, in terms of this agreement.

8.2 The breakdown service shall not be available for recovery of any vehicle immobilised after an accident, where Emergency Services are involved (Police, Fire, Ambulance) until the clearance has been given by them for the company’s staff to do so.  If, in order to clear the road, the police authorise the immediate removal of the vehicle to a place of safety by a third party, the service company will not meet those recovery costs.  The company will, however, provide subsequent recovery, if necessary, to a destination of the client choice in accordance with the company’s normal service, provided the client has already arranged for the vehicle’s release from its place of storage.

8.3 The company shall not meet the cost of:

(a) (i) towage from one repair garage to another, or       (ii) towage of vehicle carrying heavy load.

(b) fuel, spare parts, oil or keys, or

(c) any service consequent to:
      (i) vandalism, or theft;
      (ii) ditching, sinking in soft ground or            immobilisation due to flood water while
           the floods are still in course;

(d) additional journey of the breakdown vehicle, including those caused by failure of the client to carry a serviceable spare wheel;

(e) personal transportation, hotel expenses, vehicle storage, or additional charges due to the vehicle being unattended.

(f) Ferry costs of the casualty vehicle including those of the company’s towing vehicle to carry out the required assistance.

8.4 In case of accident or collision, the free breakdown service shall only operate when the towage cost of the vehicle are not recoverable by the client by virtue of insurance cover or from any other source. For the purposes of this section the term “accident” shall not be restricted to a traffic accident but shall include any contingency where towing is required as a direct or indirect consequence of any occurrence. The client further undertakes to seek to recover, diligently and efficiently, the towage costs of his vehicle from any source from which it may be recovered and to fully collaborate with the company in the recovery of such towage costs, which collaboration shall include providing the Company with any information it may require, in relation the accident. RMF may issue its member with an invoice for the provision of its services, to be recovered from insurance or from any other source.

8.5 The Company shall bear responsibility for the towed vehicle, but shall not bear the costs for any damage occurring to the towed vehicle in the exercise of the towage operation, or for any delay or loss consequential caused as a result of the client availing himself of the service.

8.6 Inability to enter the vehicle owing to loss, or misplacement of vehicle keys shall not be considered a breakdown and shall not render the member eligible for the breakdown service. Furthermore an unattended vehicle shall not qualify for the breakdown service.

8.7 The limitation of the free Roadside assistance is not more than (3) three in any one paid-up year (365 days). If this amount is exceeded, the company may require the member to pay further attendance charge to avail himself for the breakdown services.

9. Replacement Vehicle scheme

9.1 The Roadside Assistance program complimented by Michael Debono Ltd includes also the “Car Replacement” scheme whereby the Company will only provide a replacement vehicle when your vehicle is towed to Michael Debono Ltd, following a break down or in case of immobility of your vehicle due to an accident.

9.2 Replacement vehicles will be supplied subject to the Terms and Conditions. The replacement vehicle will consist of a four (4)-seat passenger vehicle of any model.

9.3 Replacement vehicle will only be given to Michael Debono Ltd members, whose membership must have commenced at least 48 hours prior to the breakdown or incident, upon the production of a valid driving license and free from any endorsements.

9.4 This benefit is only available to drivers aged 21 years and over.

9.5  Members will be required to pay for fuel provided with the vehicle in advance.

9.6 The replacement vehicle is to be collected from RMF head office within two hours from the recorded service time following the recovery of the vehicle.  The replacement vehicle is given to the member, free of charge for a maximum of 48 hours.

9.7 Members may, should they not want to collect the replacement vehicle within the two-hour period, declare their intention to avail themselves of the replacement vehicle.  However the 48 hours commence to run on the expiration of the two hours grace.  Should the member require medical assistance then the service may be availed of within 12 hours from the time of the accident.

9.8 Members may avail themselves of the replacement vehicle benefit up to a maximum of three times for every yearly membership period.

9.9 Should the company not be in a position to provide a replacement vehicle, the member will be indemnified Euros 16.30 per day.

9.10 Michael Debono Ltd members will incur normal RMF or sub-contractor rental charges should the vehicle not be returned to the point of issue within the 48 hours. RMF retains the right to immediately collect such vehicle, should it not be returned once the 48 hours lapse.

9.11 The replacement vehicle service is also available to vans and mini-vans, however the replacement vehicle provided will always be a 4-seat passenger vehicle.

9.12 Michael Debono Ltd members will be responsible for any parking fines that the vehicle incurs whilst it is in their possession.

9.13 Should the replacement vehicle be involved in an accident throughout the period of the replacement vehicle benefit, the member shall be responsible for the paying of any insurance excess, which may arise.

9.14 The Company reserves the right to terminate the replacement vehicle benefits of any member, without explanation, provided the member is given 48 hours notice of the termination of membership.

9.15 The company further reserves the right to refuse to provide the benefit or its renewal should circumstances so necessitate without the need to provide any explanations for its decision.

9.16 Torn, ripped or non-repairable tyres are at the expense of the Michael Debono Ltd member who has been making use of the vehicle.

10 Eligibility for services

10.1 The breakdown service will be applicable upon receipt of the membership card issued by Toyota for the client to be entitled to the services specified in this agreement. Furthermore the free breakdown service shall seize to operate as notified by Toyota.

10.2 The Company reserves the right to terminate this agreement without the need for giving any reason whatsoever, provided that the said client is given seven days notice of such termination, and a refund of a proportion of the fee calculated on the basis of days left in the current period of entitlement.

10.3 The Company further reserves the right to refuse enrollment or renewal of a member for whatever reason and shall not be under any obligation to divulge its reasons for such a decision.

10.4 With reference to Article 8.4 of these “Terms of Agreement” in particular, the member hereby undertakes to assign to the company, which accepts, all his rights to claim any damages from the insurance company insuring his vehicle, or that of the third party, or from any other person whatsoever whether natural or legal, with regard to all costs incurred by the Company in the provision of all and any of its services in terms of these “Terms of Agreement”.

10.5 The breakdown service is limited to the island of Malta and Gozo and excludes Comino and any other island of the Maltese archipelago.

10.6 These “Terms of Agreement” may be changed from time to time at the discretion of the Company. The current “Terms of Agreement” shall be available for inspection at Toyota during office hours.

10.7 This agreement is valid for one year (365 days) after which the member has to renew with Toyota to make his vehicle available for the service for another year. Terms of agreement may change on renewal.

10.8This roadside assistance program can be purchased only if the vehicle is purchased from Michael Debono Ltd and the payment for membership is one off and indivisible.