Test Drive Terms & Conditions
The following terms and conditions apply to any test drive booking requests and set out the agreement between Mercedes-Benz UK Limited (Company Number: 02448457) (“Mercedes-Benz”) and the company, partnership or individual receiving the benefit of the test drive (“you” and/or “your”) (the “Agreement”) and apply to the use of the Mercedes-Benz vehicle provided to you for demonstration purposes (the “Vehicle”). By requesting a test drive, you agree to be bound by these terms and conditions and any additional conditions and restrictions imposed by Mercedes-Benz and/or the participating agents. You also agree to be responsible for ensuring all other drivers who would like to take part in the test drive (“Named Drivers”) comply with these terms and conditions. Test drives are offered subject to availability and eligibility and at participating agents only.
Mercedes-Benz UK Limited 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.
1. Term
1.1. Mercedes-Benz reserve the right to refuse any request for a test drive in its sole discretion.
1.2. A booking constitutes your requested and confirmed date and time for the test drive at your selected Mercedes-Benz Agent or another specified address (where such option is available at the discretion of Mercedes-Benz).
2. Title
2.1. Title to the Vehicle shall remain with Mercedes-Benz at all times.
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.
4. Test drive booking
4.1. To place a test drive booking, you will need to follow the instructions and submit the details set out on the applicable test drive booking form available on www.Mercedes-Benz.co.uk or www.shop.mercedes-benz.co.uk. The process comprises: 4.1.1. selecting the Vehicle you want to test drive;
4.1.2. selecting your preferred Mercedes-Benz Agent;
4.1.3. specifying your preferred date, time and location (either at your preferred Mercedes-Benz Agent or another specified address where such option is available); and
4.1.4. providing us with some information about yourself including, but not limited to title, first name, surname, email address and contact number.
4.2. By submitting your request for a test drive, your details will be shared with the selected Mercedes-Benz Agent (as per clause 15 below). Using the information you submit, your selected Mercedes-Benz Agent will contact you to confirm your booking and arrange the test drive.
4.3. Mercedes-Benz UK Limited’s services are limited to handling your request for booking the test drive with a Mercedes-Benz Agent. The Mercedes-Benz Agent will contact you directly to confirm the details of the appointment, and will be responsible for supplying the test drive service itself. In particular, please note that Mercedes-Benz UK Limited are not responsible for arranging any insurance cover for the purposes of the test drive. This will be arranged by your selected Mercedes-Benz Agent.
4.4. Please note that if you decide to buy a Vehicle directly from the Mercedes-Benz Agent, you will be entering an agreement with that Mercedes-Benz Agent directly and we are not a party to that agreement.
5. Eligibility Criteria
5.1. There is a limit of one test drive per person.
5.2. You must possess a current UK drivers licence that has been valid for at least five years (endorsements will be considered on an individual basis) and must conform to the following eligibility criteria:
5.2.1. Be aged 21 to 85 inclusive with a full valid UK driving licence.
5.2.2. Have no more than 9 penalty points accrued in the last 3 years.
5.2.3. Have no disqualifications in the last 5 years.
5.3. You will be required to present your drivers licence at the beginning of your test drive and agree for your driving licence to be copied for identification purposes. If you fail to present your driving licence, the participating Mercedes-Benz Agents will be unable to continue with the test drive and it will be regarded as an abort test drive.
5.4. You hereby declare that you and all Named Drivers are in good health, their eyesight is of the standard required for the UK road driving test and that they are not suffering any illness or disability which may make it unsafe for them to drive.
6. Vehicle insurance
6.1. The Vehicle is insured via the Mercedes-Benz Agent.
7. Vehicle Condition
7.1. No accessories or parts are to be removed from the Vehicle.
7.2. Strictly no pets and no smoking in the Vehicle.
8. Risk
8.1. Any loss or proven damage or injury to any vehicle or any person using the Vehicle or to any person as a consequence of the Vehicle or its use, shall be at your risk.
8.2. Mercedes-Benz must be informed immediately of any accident, theft or any damage whatsoever caused to the Vehicle or any part of it.
8.3. You shall not carry out any repair to the Vehicle or any part of it without Mercedes-Benz’s express prior written consent.
9. Connected Vehicles
9.1 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. Cancellations and Amendments
10.1 Any cancellations and amendments should be arranged by you with your selected Mercedes-Benz Agent directly.
11. Fines and Penalties
11.1. 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.
11.2. 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 14 below.
11.3. 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.
11.4. 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.
11.5. 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.
12. Vehicle Use
12.1. The Vehicle is provided for demonstration and evaluation purposes only and should not be used for any other purpose or subject to unreasonable use. The Vehicle is only to be used under standard driving conditions unless otherwise agreed.
12.2. You shall not disengage any active safety features on the vehicle.
12.3. The Vehicle must only be driven in mainland UK.
13. Termination of Agreement
13.1. Mercedes-Benz may terminate this Agreement immediately by notice to you if:13.1.1. You are banned from driving, for any period of time or convicted of a driving offence or cease to hold a valid driving licence; or
13.1.2. You, in Mercedes-Benz’s reasonable opinion, are under the influence of drugs or alcohol at the time of the test drive; or
13.1.3. You are in breach of any conditions of this Agreement.
13.2. 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.
14. Liability
14.1. 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.
14.2. You shall indemnify Mercedes-Benz for all costs, losses or expenses suffered in the event of damage or loss of the Vehicle caused intentionally or by misuse or neglect whilst test driving the Vehicle.
15. Data Protection
15.1. In order to manage your test drive booking request, Mercedes-Benz will need to share your details with your selected Mercedes-Benz Agent. Your personal data will be processed in accordance with the Mercedes-Benz UK Limited’s privacy policy which can be found here.
16. Force Majeure
16.1 Mercedes-Benz shall be relieved of any liability arising out of any failure to fulfil an obligation under these terms and conditions the fulfilment of which is prevented as a consequence of an Act of God, war, fire, flood, explosion, epidemic, pandemic, 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. General
18.1. You shall not 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.