Terms and Conditions

Reservations Business Rules (Beta Phase): Business Rules (“Rules”)

Last Updated: 30 May 2023

The Reservations Product allows Advertisers to benefit from lead generation by way of consumers making reservations on the Auto Trader Platforms.

The Reservations Product is provided subject to the Main Advertising Terms and Conditions, which are incorporated into the Rules by reference.

Terms defined in the Main Advertising Terms & Conditions shall have the same meaning in these Rules provided that, should a term be defined in both the Main Advertising Terms & Conditions and these Rules, the meaning of the term defined in these Rules shall have precedence in relation to the Rules.

  1. Definitions

    1. "Beta Phase" means the period during which the Reservations Product is being made available to selected Advertisers whilst Auto Trader tests and develops the Reservations Product (such period to be as determined by Auto Trader);
    2. "Consumer" means a user of the Auto Trader Platform that is interested in the Reservation of a Vehicle advertised by the Advertiser;
    3. "Excluded Advertiser" means an Advertiser who Auto Trader has determined shall not be eligible for the Reservations Product;
    4. "Reservation" means the reservation by a Consumer of a Vehicle by paying the Reservation Payment and Reserved, Reserve and Reserves shall be construed accordingly;
    5. "Reservation Notification" means the notification sent to the Advertiser when a Consumer Reserves a Vehicle;
    6. "Reservation Payment" means the sum paid by a Consumer to Reserve a Vehicle;
    7. "Reservations Product" means the product offered by Auto Trader on the Auto Trader Platforms which enables Consumers to reserve selected Vehicles, for payment of a Reservation Payment (using Stripe’s payment processing facility);
    8. "Stripe" means Stripe Payments Europe, Ltd., a company incorporated in Ireland, whose registered office is at The One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland; and
    9. "Vehicle" means the vehicle advertised by the Advertiser and which is the subject of the Reservation.

  2. ELIGIBILITY AND SIGN UP

    1. The Reservations Product allows Advertisers to benefit from lead generation by way of consumers making Reservations on the Auto Trader Platforms. The Reservations Product is provided subject to these Rules and is available during the Beta Phase for use by selected Advertisers only (excluding Excluded Advertisers) who have an Advertising Agreement in place with Auto Trader and following an invite from Auto Trader. For the avoidance of doubt, the Reservations Product is not available to private advertisers or ‘pay as you go’ advertisers
    2. The Advertiser shall not use the Reservations Product for the benefit of any third party other than the Advertiser.

  3. RESERVATION NOTIFICATIONS

    1. When a Reservation is made by a Consumer, the Advertiser will receive a Reservation Notification.
      2. Following receipt of a Reservation Notification, the Advertiser shall:
      1. contact the Consumer as soon as possible (and within the same working day, if the Reservation Notification is received before 2pm, and in any event no later than within 24 hours, of receipt of the Reservation Notification);
      2. take all reasonable steps to ensure that the Vehicle is noted as reserved and is not sold to any person other than the Consumer, or re-advertised on the Auto Trader Platform or elsewhere, whilst that Vehicle remains Reserved by the Consumer; and
      3. act reasonably and in good faith in progressing the Reservation to sell the Vehicle to the Consumer.

  4. ADVERTISER OBLIGATIONS

      1. The Advertiser shall:
      1. promptly action and progress all Reservations with reasonable care and skill;
      2. use Portal to notify Auto Trader of the status of all Reservations, and whether any Reservations have been cancelled by the Advertiser;
      3. provide Auto Trader with continuous feedback on the Reservations Product and report to Auto Trader, weekly, identifying all Reservations generated and sales of Vehicles made;
      4. ensure that all of the Advertiser’s employees who are involved in utilising the Reservations Product are properly trained and monitored, possess the relevant knowledge to be able to respond to requests, queries and complaints and provide services to Consumers in connection with the Reservations Product in a professional manner;
      5. not make any representations, statements and/or warranties on behalf or Auto Trader or seek to bind Auto Trader in any manner;
      6. co-operate with Auto Trader for the purposes of producing case studies and testimonials for the Reservations Product in future;
      7. not seek to take any further deposit or reservation payment from the Consumer to reserve the Vehicle; and
      8. not seek to contact the Consumer after a Consumer has cancelled a Reservation for any marketing or sales purposes.

  5. CANCELLATION AND UNAVAILABILITY OF THE VEHICLE

    1. The Advertiser shall act reasonably and in good faith to ensure that it honours all Reservations.
      2. The Advertiser may only cancel Reservations in the following circumstances:
      1. in the event that the Vehicle is sold or otherwise becomes unavailable before it is allocated as reserved to the Consumer in accordance with clause 3.2.2;
      2. in the event that a Consumer has informed the Advertiser that it no longer wants to purchase the Vehicle and wishes to cancel the Reservation (and the Consumer cannot reasonably activate the cancellation himself or herself);
      3. if, despite reasonable attempts, the Advertiser has been unable to contact the Consumer to discuss the sale of the Vehicle within a reasonable period after the Reservation was completed;
      4. in the event that the Advertiser reasonably believes that the Consumer is not genuinely interested in purchasing the Vehicle from the Advertiser; and/or
      5. in the event that a Consumer has frequently (being on more than 10 occasions in any 30 day period) made Reservations which have not converted to the sale of Vehicles and the Advertiser reasonably believes that the Consumer is not genuinely interested in purchasing a Vehicle from the Advertiser,

        6. and in each case, the Advertiser shall cancel the Reservation via Portal as soon as reasonably practicable (and in any event in the case of clause 5.2.1 within 2 working hours of it becoming unavailable). The Advertiser shall respond promptly and in good faith to any queries from the Consumer with regards to any cancellation of the Reservation by the Advertiser.

    3. If a Consumer informs the Advertiser that it no longer wants to purchase the Vehicle and wishes to cancel the Reservation, the Advertiser should encourage the Consumer to cancel the Reservation to activate the release of the Reservation Payment back to the Consumer.
    4. Auto Trader will cancel any Reservations which have been outstanding for 21 days after being placed and automatically trigger the refund of the Reservation Payment to the Consumer.

  6. LIABILITY, INDEMNITY AND AVAILABILITY

      1. Each Advertiser shall indemnify and keep Auto Trader fully indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising out of or in connection with:
      1. any Consumer complaints or claims brought against Auto Trader in respect of any act or omission by the Advertiser in respect of a Reservation; and
      2. any transaction between the Consumer and Advertiser for the purchase by the Consumer of any Vehicle in connection with a Reservation.
    2. Auto Trader does not warrant that the use of the Reservation Product will be uninterrupted or error-free. The Advertiser acknowledges that Auto Trader cannot guarantee that the Reservation Product and/or the Auto Trader Platforms will be continuously available. For the avoidance of doubt, Auto Trader shall have no liability, and no refunds or credits shall be offered, to any Advertiser (including in respect of where alternative services have been sourced by Advertisers from a third party) in respect of interruptions to the Reservation Product and/or the Auto Trader Platforms arising as a result of maintenance and/or repair work and/or due to circumstances outside of Auto Trader’s reasonable control.
    3. The Reservations Product is provided to Advertisers on an ‘as is’ basis. The Reservations Product and Auto Trader’s services generally are not intended to be used as the sole basis for any business decision, nor to relieve the Advertiser of its obligation to comply with its own obligations under applicable law.
    4. Auto Trader makes no guarantees that any Reservations will lead to sales of Vehicles or any particular increase in sales or lead generation.
    5. Without prejudice to the generality of the foregoing or the limitations of liability set out in the Main Advertising Terms and Conditions which also apply to these Rules, the Advertiser assumes sole responsibility for any action taken as a result of a Reservation. Auto Trader shall have no liability for any damage caused to the Advertiser by its use of the Reservations Product.

  7. QUERIES AND COMPLAINTS

    1. Advertisers should notify Auto Trader of any complaints from Consumers which relate to the Reservations Product.
    2. Advertisers shall deal with any complaints as soon as possible (and in any event within 24 hours) and in a responsible and transparent way. Advertisers shall assist Auto Trader with any complaints raised with Auto Trader.
    3. Each Advertiser acknowledges and agrees that Auto Trader shall have no liability whatsoever in respect of such Reservation which does not complete and/or any losses which the Advertiser may incur as a result.
    4. Advertisers shall allow Auto Trader and Stripe (as applicable) reasonable time to investigate issues directed to them relating to the Reservations Product.

  8. CANCELLATION

    1. The Advertiser may cancel by contacting its account manager, in accordance with the notice period set out in the Order Variation. The Advertiser is solely responsible for ensuring that Auto Trader receives any notice of cancellation sent to Auto Trader in connection with these Rules. Receipt by Auto Trader will only be confirmed when Auto Trader sends written confirmation to the Advertiser.
    2. Upon Auto Trader confirming the cancellation in accordance with clause 8.1, Reservations will then become unavailable to the Advertiser and the Advertiser’s adverts will no longer have the reserve option available to Consumers..
      3. During the period of 28 days after Auto Trader confirming the cancellation in accordance with clause 8.1
      1. any stock which has already been reserved will continue to be shown as reserved and any leads generated from the Reservations Products will still be available to the Advertiser; and
      2. the Advertiser should deal appropriately with any outstanding reservations in accordance with these Rules.

  9. GENERAL

    1. The design and format of the Reservations Product and any related assets on the full-page Advertisements, shall be determined by Auto Trader and may be amended by Auto Trader at any time at Auto Trader’s sole discretion.
    2. In the event of a breach of these Rules by any Advertiser, such breach shall be deemed a breach of the Main Advertising Terms and Conditions and Auto Trader be entitled to such rights and remedies available to it thereunder.
    3. Auto Trader reserves the right to amend, modify, remove and/or extend this Product at any point with immediate effect.