Mercedes-Benz Cars UK Limited (Company Number: 02448457) (“Mercedes-Benz”) wish to give drivers who fulfil the “Eligibility Criteria” the opportunity to test drive the Mercedes-Benz range excluding GLS, S-Class, Mercedes-Maybach, G-Class, Mercedes-AMG and EQC models, subject to the terms and conditions below (the “Test Drive”).
By taking part in this Test Drive You agree to be bound by these terms and conditions, the terms and conditions of your local retailer and any additional restrictions imposed by Mercedes-Benz. Test Drives offered subject to availability, eligibility and are at participating retailers only.
The Test Drives are available to start in the period from 20 July 2020 and end on 30 September 2020.
Mercedes-Benz reserves the right to withdraw the Test Drive or to amend these terms and conditions without prior notice at any time, for whatever reason, and without any liability to You for doing so.
Terms & Conditions
The following terms and conditions set out the agreement between Mercedes-Benz and the company, partnership or individual receiving the benefit of the Test Drive (“You” / “Your”) (the “Agreement”) and apply to the use of the Mercedes-Benz provided by Mercedes-Benz to You for demonstration purposes (the “Vehicle”).
Your acceptance and use of the Vehicle shall constitute specific acceptance of the terms and conditions of this Agreement.
1.1. Unless specified otherwise in the confirmation of use, You may use the vehicle for 1 continuous period of 48 hours, beginning on the date of delivery by Mercedes-Benz.
1.2. Mercedes-Benz shall not be bound by any anticipated delivery date.
2.1. Title to the Vehicle shall remain with Mercedes-Benz at all times.
2.2. You shall not, without Mercedes-Benz’s prior written consent, offer to sell, assign, lease, mortgage, charge, encumber or part with possession or otherwise deal with the Vehicle nor create or allow any lien over the Vehicle.
2.3. Any breach of this clause shall entitle Mercedes-Benz to bring Your period of use to an end immediately and to recover the Vehicle with immediate effect.
3. The Vehicle
3.1. Vehicles for Test Drives are subject to availability. We cannot guarantee that a particular Vehicle or model will be available to Test Drive.
3.2. Vehicles from the AMG range are excluded from this offer.
4. Eligibility Criteria
4.1. Available only to drivers aged 21 years and over.
4.2. There is a limit of one test drive per person.
5. Driver Requirements
5.1. You must possess a current UK drivers licence (endorsements will be considered on an individual basis) and must conform to the following eligibility criteria:
5.1.1. Be aged 21 and over with a full valid UK driving licence.
5.1.2. Have no more than 9 penalty points accrued in the last 3 years.
5.1.3. Have no disqualifications in the last 5 years.
6.1. You should take good care of the Vehicle and return it in the same condition as when the Vehicle was collected by You or delivered to You. Cleaning of the vehicle before return is not required.
6.2. No accessories or parts are to be removed from or affixed to the Vehicle and no other changes may be made to the Vehicle.
6.3. Strictly no pets and no smoking in the Vehicle.
6.4. All Vehicles must be returned with the same amount of fuel. Mercedes-Benz reserves the right to charge you £15 if the fuel has not been replaced.
7.1. Any loss or proven damage or injury to any vehicle or any person using it or to any person as a consequence of the Vehicle or its use, shall be at Your risk.
7.2. Mercedes-Benz must be informed immediately of any accident, theft or any damage whatsoever caused to the Vehicle or any part of it.
7.3. You shall not carry out any repair to the Vehicle or any part of it without Mercedes-Benz’s express prior written consent.
8. Roadside Recovery
The Vehicles are covered by Mercedes Assist. In any event that Mercedes Assist is required, You shall contact both Mercedes Assist on 00800 177 777 777.
9. Connected Vehicles
You agree that the Vehicle data including but not limited to, position data and maintenance data, will be submitted to Mercedes-Benz by the vehicle manufacturer or providers of telematics services where installed in the Vehicle for the purpose of monitoring the Vehicle maintenance, and if necessary Vehicle recovery. For the avoidance of doubt, a breach of this agreement by You, will entitle Mercedes-Benz to retake possession of the Vehicle using this data in the event Mercedes-Benz deems it necessary.
10. Fines and Penalties
10.1. You shall, without limitation, pay promptly all bridge tolls, congestion charges and any fines (fixed or otherwise) or penalties in respect of parking, driving or similar offences incurred in connection with the use of the Vehicle during Your period of use.
10.2. Mercedes-Benz shall have the right to pay all bridge tolls, congestion charges and any fines (fixed or otherwise) or penalties in respect of parking, driving or similar offences incurred in connection with the use of the Vehicle during Your period of use on Your behalf and recover the costs of doing so in accordance with clause 15 below.
10.3. In addition, You shall not do anything in respect of or in connection with the Vehicle which may contravene relevant road traffic acts or any other applicable legislation.
10.4. Failure to settle fines promptly (and within the period specified in the notice) will result in an additional administration charge of £25 (up to a maximum of £100 per fine) each time Mercedes-Benz are required to contact You when You miss a deadline. You will be responsible for any increase in costs which arise out of any delays by You.
10.5. Please note that Mercedes-Benz will comply with its legal duties including but not limited to Section 172 of the Road Traffic Act 1988 and shall provide information (including the supply of the Your name and address) in response to any request from police and other relevant authorities for the purposes of identifying the user of a Vehicle at a particular date and time in respect to any alleged speeding/parking fines; penalties and motoring offences and congestion charges.
11. Vehicle Use
11.1. The Vehicle is provided for demonstration and evaluation purposes only and should not be used for any other purpose. The Vehicle is only to be used under standard driving conditions unless otherwise agreed.
11.2. The Vehicle must only be driven in mainland UK unless prior written approval has been given by Mercedes-Benz.
11.3. You must, at all times ensure that the Vehicle is secure and kept locked and safe when not in use.
12. Termination of Agreement
12.1. Mercedes-Benz may terminate this Agreement immediately by notice to You if:
12.1.1. You are banned from driving, for any period of time or convicted of a criminal offence or cease to hold a valid driving licence; or
12.1.2. You do or omit to do something which, in Mercedes-Benz’s reasonable opinion, could bring Mercedes-Benz’s good name into disrepute or is detrimental to the image of Mercedes-Benz’s brand or reputation; or
12.1.3. You are bankrupt or suffer another form of insolvency event; or
12.1.4. You are in breach of any conditions of this Agreement.
12.2. Upon termination of this Agreement, You shall promptly make available for collection by Mercedes-Benz the Vehicle as Mercedes-Benz may direct. The Vehicle must be in a clean and good state of repair. In the event of failure to make the Vehicle available for collection, You grant Mercedes-Benz an irrevocable licence to enter upon Your premises where the Vehicle is stored to repossess the Vehicle and You shall be liable for all proven claims or rights of action arising therefrom.
12.3. Termination for whatever reason is without prejudice to the rights duties and liabilities of either party accrued prior to termination. The provisions of these terms and conditions which expressly or by implication have effect after termination shall continue to be enforceable notwithstanding termination.
Mercedes-Benz will not, in any circumstances, be responsible for any personal, company or other tax liabilities arising from the provision of the Vehicle under this Agreement or otherwise. Such responsibility and liability will, in all cases, remain with You.
You accept that Mercedes-Benz give no warranty of any nature relating to the Vehicle other than the standard manufacturer’s warranty applicable to the Vehicle. To the fullest extent permitted by law, Mercedes-Benz exclude all warranties, conditions or other terms implied by statute or common law.
No variation or modification of this Agreement shall be in any way effective unless in writing, and signed by persons authorised on their behalf by the parties.
16. Force Majeure
Mercedes-Benz shall be relieved of any liability arising out of any failure to fulfil an obligation under this Agreement the fulfilment of which is prevented as a consequence of an Act of God, war, fire, flood, explosion, civil riot, civil commotion, import or export regulations or embargoes, strikes, lock-outs or other industrial activities or trade disputes, acts of terrorism or governmental act or interruption in utilities or any other cause beyond the reasonable control of the party.
17. Entire Agreement
This Agreement constitutes the entire understanding and agreement between the parties with regard to the subject matter hereof.
18.1. Neither of the parties shall be entitled to assign or otherwise dispose of this Agreement or any interest or benefit arising under this Agreement in any manner whatsoever whether in whole or part.
18.2. You agree not to use any of Mercedes-Benz’s trade marks or logos, or any other intellectual property, without Mercedes-Benz’s prior written consent.
18.3. You agree that You shall not place any signage or advertising on, or mark in any way, the Vehicle.
18.4. This Agreement does not constitute, establish or imply any partnership, joint venture, agency, employment or fiduciary relationship between the parties. Neither party shall have, nor represent that it has, any authority to make or enter into any commitments on the other’s behalf or otherwise bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability or the exercise of any right or power).
18.5. Each party shall comply with applicable laws (including but not limited to those relating to data protection) and shall ensure it has in place adequate procedures to prevent bribery.
18.6. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these terms and conditions and the remaining clauses shall survive and remain in full force and effect.
18.7. Mercedes-Benz reserves the right to amend these terms and conditions at any time without notice.
19. Governing Law
The construction, validity and performance of this agreement shall be governed in all respects by English Law and the parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction in any proceedings which may arise out of or in connection with this Agreement.