GENERAL TERMS
We Are:
Equestrian Support Services (ESS), a division of HBG Assistance Ltd, Registered in England Number 3851833
Our Registered Office is:
Bourne Park, Piddlehinton, Dorchester, Dorset, DT2 7TU
Member:
The person named in the document who is the registered owner of the vehicle.
Membership:
Your membership lasts for one year from and inclusive of the date specified in your Schedule and upon receipt by us of a signed application form. Your membership is valid upon payment of our annual membership fee and upon receipt by us of proof of your vehicle having been serviced within six months of membership commencement/renewal date as identified in your Schedule.
Upon renewal of your ESS membership, the services that you receive will be those set out in the Terms of Membership current at the time of such renewal. To qualify, vehicles must be registered to you and specified in the schedule together with no more than two named drivers (grooms) if applicable.
If you change your vehicle during your membership year you must inform ESS in order for your new vehicle to qualify for assistance.
Law And Jurisdiction:
Your ESS Membership is governed by the laws of England.
We/Us/Our:
The assistance service which is operated by Equestrian Support Services and by any authorised employees or agents operating on behalf of ESS.
Territorial Limits:
The United Kingdom.
Period of Membership:
12 Months from the commencement date shown in the Schedule of this document.
Breakdown:
The sudden and unforeseen failure of the Eligible Vehicle whilst in use arising from a defect therein, causing such vehicle to be immobilised.
Home:
The address last notified to us as the place where the Eligible Vehicle or Eligible Trailer is normally kept within the territorial limits.
The Service:
ESS provides the following services:
• RAC call out and roadside assistance
• Horsebox, horse and trailer recovery
• Emergency horse transport
• Overnight livery and accommodation for you and your groom
• Veterinary surgeon
• Farrier
• Slaughterman/carcass removal
GENERAL CONDITIONS
1. In view of the nature of equine assistance and the level of resources available to ESS from time to time, we must reserve the right to refuse to attend at our discretion and to advise the emergency services.
2. We will give service provided you have paid your membership subscription and do not owe us any money.
3. We will take legal action against anyone who uses our services dishonestly.
4. Our employees and contractors will use reasonable skill and care when providing the service.
5. We will not be responsible for any consequential loss in connection with an incident, however it is caused.
6. We will not make a refund if you cancel your membership during the membership year, except if you have cancelled within the first seven days of receiving your membership documentation, and only providing you have not used our services.
7. Your telephone calls to and from us may be monitored and recorded as part of our training and quality assurance programmes. This complies with OFCOM regulations.
8. If the service you require is not provided under these Conditions, we will try, if you wish, to arrange it at your expense. The terms of any such service are a matter for you and the supplier.
9. You must declare all material facts which are likely to affect the terms of your membership.
10. You will be required to reimburse to us within 30 days of being requested, any costs or expenses paid out on your behalf.
11. If you fail to pay any outstanding fees, under the terms of membership we will take legal action against you to recover the funds. Interest will be added monthly.
12. If you believe you have grounds to register a complaint regarding a service that we have provided, you must register the complaint with us within fourteen days of the date of the incident.
13. Tyres must be maintained in accordance with the law and the manufacturer’s servicing guidelines.
14. Eligible vehicles and trailers must be kept in a roadworthy condition; they must be maintained in accordance with the manufacturer’s recommendations and must be serviced regularly. We retain the right to request proof of servicing.
15. We retain the right to request proof that faults which have given rise to previous incidents during the current membership year have been rectified.
16. You must always carry a serviceable spare tyre with your vehicle.
17. The Eligible Vehicle and Eligible Trailer must be used for the transport of the member’s horses.
18. A garage or specialist undertaking repair work on your instructions will be deemed to be acting as the agent for you in respect of such repair work.
19. Following a tyre blow out, normally a new tyre will be fitted unless you specify that you require your own spare tyre to be fitted. However, there may be circumstances in which a new tyre must be fitted, e.g. for safety reasons such as on a motorway.
20. New tyres are charged out at a premium rate. You may also be charged for disposal of used tyres.
21. Following a Road Traffic Accident, we will provide you with assistance but we will invoice you retrospectively. Under certain circumstances, we may agree to invoice your insurance company direct for our services.
22. Vehicles and trailers being used under a standard or international operator’s licence and trailers or horseboxes exceeding (i) 24 tons gross vehicle weight and (ii) 35 years of age from the date of first registration are not eligible.
23. You agree to indemnify us against claims arising from loss or damage to the contents of your vehicle as well as consequential loss of any kind arising from the provision of or delay in providing the services to which this Scheme relates.
24. If you call us for assistance but whilst we are on route to attend, you no longer require assistance but fail to cancel, you will be billed for the full cost of our services together with a cancellation fee of £25 plus VAT.
25. You will have to pay any toll or ferry fees.
26. Assistance for incidents caused by any wilful or negligent act by the Member is not provided.
Indemnity
The Member agrees, throughout the term of Membership, to indemnify and keep indemnified ourselves from and against any and all loss, damage or liability (whether criminal or civil) suffered including legal fees and costs incurred by us resulting from or arising out of a breach of the terms of our Membership by the Member or his Agents.
In addition, the Member hereby undertakes to indemnify us, our servants, agents and service providers and hold them harmless against any claims of any kind whatsoever which may be made by third party
service providers in respect of services arising out of our Membership.
Arbitration
All disputes or differences which shall at any time arise between ourselves and a member concerning this agreement which contravene or affect the rights, duties or liabilities of the parties under it or any other matter in any way connected with or arising out of the subject matter of this agreement shall be referred to a single arbitrator in London to be agreed upon by the parties or in default of agreement to be nominated by the President for the time being of the Law Society of England and Wales in accordance with the Arbitration Act 1996.
ADDITIONAL TERMS AND CONDITIONS
In addition to General Conditions, the following conditions also apply:-
HORSE TRAILER ASSIST MEMBERSHIP (HTA)
Eligible Trailer
The trailer, which is less than 35 years old from the date of first registration, owned by you as specified in the Schedule, and which is designed and manufactured specifically for the transport of horses or ponies, but excluding:
i) Trailers being operated under a standard or international operator’s licence.
ii) Trailers capable of carrying more than three average sized horses.
iii) Trailers which require to be towed by vehicles exceeding 3.5 tons GVW.
Trailer Assistance
If the Eligible Trailer is immobilised as a result of a breakdown or puncture, you may call us 24 hours a day for:
• RAC call out and roadside assistance.
If the Eligible Trailer cannot be repaired at the roadside, or if your car whilst towing the Eligible Trailer is immobilised as a result of a breakdown and, whilst being attended by the under your membership, cannot be repaired at the roadside, recovery of your trailer to the nearest agreed repair facility, your home, or your
original destination.
Horse Assistance
If your car is covered by your Membership to at least Roadside Recovery level and is immobilised as a result of a breakdown or if the Eligible Trailer is immobilised as a result of a breakdown:
We will provide:
• Onward transport of your horse(s) to your original destination or to your home address (or the place where the horse or pony is normally stabled), or
• If onward horse transport is not practicable, or if you so choose, we will recover your horse(s) from the immobilising incident to a local livery yard and provide overnight accommodation for your horse(s), you and your groom.
Conditions
1. Your car must have membership with at least Roadside and Recovery level of cover.
2. You are not entitled to the benefits of HTA Membership in the first 24 hours after you join ESS as an HTA Member.
3. Hire of a replacement vehicle is subject to the member seeking and obtaining our prior approval at the time of the immobilising incident.
4. Assistance for incidents occurring at or within one mile of Home as shown in the schedule of this document is not provided.
TRAVELLER MEMBERSHIP (HORSEBOXES)
Eligible Vehicle
The self propelled horsebox/car and trailer owned by you as specified in the schedule of this document, used for the transport of your horse and/or pony, which is less than 35 years old from the date of first registration but excluding vehicles being operated under a standard or international operator’s licence and vehicles with a gross vehicle weight over 24 tons.
Vehicle & Horse Assistance
In the event that the Eligible Vehicle is immobilised as a result of a breakdown, puncture, fire or theft, you may call for the following assistance, subject to the terms and conditions of your membership:
1. Call out of a repairer including roadside assistance.
2. When repairs by the roadside are not practicable, towing/recovery of the Eligible Vehicle to the nearest agreed repair facility or Home, whichever is the nearer.
Together With
Replacement horse transport to your original destination or to Home (or the place where the horse or pony is normally stabled) for the horse or pony together with the vehicle occupants.
OR:
When repairs are practicable but cannot be completed the same day, necessary overnight livery for the horse/pony and any necessary bed and breakfast accommodation for you and one additional vehicle occupant.
Conditions (Traveller)
1. You are not entitled to the benefits of Traveller Membership in the first 24 hours after you join ESS as a Traveller Member.
2. Hire of a replacement vehicle is subject to the member seeking and obtaining our prior approval at the time of the immobilising incident.
3. Assistance for incidents occurring at or within one mile of Home as shown in the Schedule of this document is not provided.
TRAVELLER MEMBERSHIP – AT HOME
In the event that the Eligible Vehicle cannot be started whilst at Home, or it has a puncture, callout and attendance of an repairer (or tyre specialist), who will attempt to mobilise your vehicle.
This is a ‘Get-You-Going’ service only. If the vehicle cannot be started, ‘At Home’ includes recovery of the vehicle to the nearest agreed repair facility. Replacement horse transport is not provided At Home.
TRAVELLER MEMBERSHIP – LONG DISTANCE RECOVERY
The restriction of recovery of the Eligible Vehicle to an agreed repairer or Home, whichever is nearest, is lifted. The Eligible Vehicle will be recovered to the destination of the member's choice, normally Home or to the place where the Eligible Vehicle is normally kept.
TRAVELLER PLUS MEMBERSHIP:
All the benefits of Traveller membership including At Home and Long Distance Recovery are applicable. Traveller Plus members are also entitled to the additional benefits:
1. In the event of a breakdown whilst carrying horses, emergency horse transport will automatically be placed on standby.
2. The entitlement to overnight accommodation is upgraded to 4* accommodation where practicable.
