1. Definitions of words/phrases used in these Terms and Conditions

“The company” or “the service company” means “RMF Ltd”

“Member” means the person to whom the approved Membership application form is addressed to, who has purchased or been given cover under the membership and whose address is recorded with the company as the home address of the vehicle registered under the Membership scheme.

“Membership Period” means a period of 3 or 12 calendar months as specified in the membership form and commencing from the start of membership.

“You”/”Your” means the member and any person using, and who requests assistance for, the vehicle registered under the membership scheme.

“Your vehicle” means the vehicle which has been registered for cover with the company and provided that such vehicle meets the vehicle specifications under clause 3 set out below.

“Breakdown service” shall mean the repair/temporary repair of the vehicle, or towage of the vehicle at the company’s representative absolute discretion in virtue of these terms and conditions.

2. Membership

2.1    The Membership covers the named vehicle listed in the application form provided that the vehicle is within the limits set out in Clause 3 ‘Vehicle Specifications’.

2.2   The membership will be applicable upon receipt and acceptance of the application form by the company. Membership must be paid-up in full for the member to be entitled to the services specified in these Terms and Conditions. Furthermore, any person calling the Service Company for assistance must call on the Company’s designated number and must quote the member’s membership number.

2.3   The member must show the company’s representative proof of current membership and / or any other means of identification.

2.4   The Company reserves the right to terminate the membership of any of its members without the need for giving any reason whatsoever, provided that the said member 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 membership.

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

3. Vehicle specifications

3.1   Breakdown services and assistance is only available for cars, vans, minibuses or motorcycles which meet the specifications set out in 3.2 below.

Moreover the above terms ‘cars, vans, minibuses or motorcycles’ do not include any vehicle which cannot lawfully be used on the public roads and/or any non-motorised vehicle.

3.2 Breakdown services and assistance is only available to cars, vans, minibuses or motorcycles which do not exceed the following Maximum limits:- Gross Vehicle Weight 3.5 tonnes (3500kg), 10 meters in length, and 2.5 meters in width and 3.2 meters in height

3.3 The Vehicle must be no more than 10 years old at the date of registration with the company. The client undertakes to keep the vehicle in a road worthy, well-maintained and in good working condition.

3.4 If the Vehicle is older than  8 (eight) years it is to undergo an RMF Vehicle Check-test before it is eligible for free assistance when overseas. This test must be carried out at least three (3) days prior to the departure date at a fee of Eur 15.00.

4. Repair service / Temporary Repair

4.1   The repair / temporary repair service shall consist as follows:

4.2   The company undertakes to send its representative to the site where your 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 such vehicle.  A telephone number, which the company may designate from time to time, shall be available on a twenty-four hour basis.  At the time of the call registering the breakdown of such vehicle, You shall quote Your membership number to the company.

4.3   The company undertakes, when your vehicle breaks down to try and repair the said vehicle at its place of breakdown.  If however, for any reason whatsoever, such repairs are not carried out at the place of breakdown the company shall, in default, provide the member with its towage service as set out in clause 5 ‘Towage service’

5. Towage service

5.1   The towage service shall operate only when the required repairs are not carried out at the site of breakdown at the absolute discretion of the Company’s representative.

a) In Malta & Gozo - The company shall tow the vehicle to one destination, which is a destination as requested by the member or by the current driver of the vehicle.

b) Overseas - The company shall tow the vehicle to the nearest available repair garage - one destination only. However, if the current driver of the vehicle requests to tow the vehicle to any other destination, the driver pledges to pay the fees incurred for the extra distance. The member undertakes not to question in any way the decision made by current driver of the vehicle in the use of these above- mentioned services of the company.

5.3   Having towed the vehicle to the one destination, 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 said vehicle until it has been repaired and is once more roadworthy and in a good working order.  The garage to which the vehicle in question is towed, unless it is the company’s garage, shall be deemed to be in a direct relationship with the member and the company shall not accept responsibility for any damage or loss resulting from the garage’s acts or omissions.

6. Transport service

6.1   When the towage service mentioned in clause 5 above comes into operation in Malta, the company representative shall also offer transport by means of any of the company’s vehicles to the member/driver of the vehicle and one other passenger.  At the company representative’s absolute sole discretion, this transport shall be either to the towing destination or to the nearest point of (public or private) transport service.

7. Costs met by the company

7.1 The company shall meet the cost of:

(1) sending its representative to the scene of the breakdown (one return journey only); provided that no other attendance for the same fault has been given to the same vehicle - unless it has been repaired and once again roadworthy

(2) roadside labour not exceeding one hour;

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

8. Company’s discretion

8.1   The determination of whether a roadside repair is a minor roadside repair, and, in default, the decision to tow the car to a destination of the member’s choice shall be at the complete and sole discretion of the company.

9. Obligations of the member

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

9.2   The member undertakes to pay, at their current market price, for any parts which are replaced, in the course of the breakdown service.

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

9.4   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 vehicle was towed.

9.5   The member also undertakes to carry out all other duties indicated in other articles of these “Terms and Conditions”.

9.6   When the assistance services comes into operation, the member/driver will pay any cost in excess of the breakdown service provided in virtue of these terms and conditions, such as the fees under clause 5 ‘Towage Service’ subsection 2 (b) ‘Overseas’ and section 10 ‘Call-Out Limit’ in accordance with these same terms and conditions.

10. Call-out limits

10.1   The Company shall provide a maximum of 3 free call-outs for the 3 months membership and a maximum of 5 free call-outs for the 12 months membership.

10.2   If the relevant call-out limit is reached, the company will be entitled to collect an additional fee for each subsequent call-out.  The company will also be entitled to restrict the level of breakdown service(s) available to such member during the remainder of that Membership Period.

11. Limitation and exclusion of services

11.1   The Company has the right to call in the registered vehicle for a general inspection and further has the right to suspend/terminate the membership of that vehicle until the vehicle is repaired/ maintained/serviced as per instructions given by the Company.

11.2   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 these Terms and Conditions.
   
11.3  The company shall not meet the cost of:

(a)  (i) towage from one 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) accidents ,vandalism, or theft/attempted theft ;
       (ii) ditching, sinking in soft ground or 
             immobilization 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 member to carry a serviceable spare wheel. This clause does not apply to vehicles that are not provided with a spare wheel by the manufacturer but applies if assistance is requested in Malta & Gozo.

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

(f)   ferry crossings for the tow truck and its driver and the towed vehicle and its passengers.

11.5   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 member availing himself of the service.

11.6   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 free breakdown service.

11.7   An unattended vehicle shall not qualify for the breakdown service.

11.8  A vehicle that has run out of fuel due to lack of replenishment is not eligible for the free breakdown service.  Such service will be given at a charge.

11.9

a) When overseas, a single puncture, burst or ripped tyre on a four-wheeled vehicle is not considered as a breakdown and shall not qualify for free breakdown service unless the registered vehicle is not supplied with a spare wheel by the manufacturer and unless the tyre is unable to be repaired with the emergency repair kit supplied by the manufacturer.

b) When overseas, a single puncture, burst or ripped tyre on a two or three wheeled vehicle is considered as a breakdown and shall qualify for free breakdown service.

12. Application, duration, renewal, fees

12.1   These Terms and Conditions shall only apply with regard to the services specified in the Application Form.

12.2   These Terms and Conditions shall be valid for the paid-up period, which period shall also be the period of membership for the purposes of this Terms and Conditions.

12.3   The membership fee shall be that indicated in the Application Form and may be changed without notice.

12.4   The breakdown service is limited to Albania, Andorra, Austria, Belgium, Bosnia & Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Monaco, Montenegro, The Netherlands, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom, Vatican City (Holy See).

12.5   These “Terms and Conditions” may be changed from time to time at the discretion of the Company. The current “Terms and Conditions” shall be available for inspection by any member at the RMF offices during office hours.

13. Governing law & dispute resolution

13.1   These Terms and Conditions are governed by the Laws of Malta.

13.2   Any disputes arising out of or in relation with these Terms and Conditions shall be determined and finally settled through Arbitration.  For this purpose the parties agree that any disputes shall be referred to the Malta Centre for Arbitration located in Valletta Malta and each dispute shall be determined in accordance with Maltese law and regulated by the procedure and Rules of Arbitration, which govern arbitrations in Malta.  Disputes will be settled by one arbitrator appointed in accordance with those Rules, unless the parties agree otherwise.  The seat of arbitration shall be Malta unless the parties otherwise agree. The decision given by the arbitral tribunal shall be final and an appeal from such a decision shall only lie in accordance with, and subject to the provisions of, the Arbitration Act, (Cap. 387, Laws of Malta).

14. Cancellation Policy

14.1  No refunds will be issued in respect of new membership applications and/or renewals, which have been already processed. Any other cancellations/transfers are subject to administration fees