Terms and Conditions

RESERVATIONS BUSINESS RULES (BETA PHASE): Business Rules (“Rules”)

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 & Conditions which are incorporated into these 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 either Stripe or Auto Trader have 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 Code means the code which is issued by Auto Trader to the Consumer when the Consumer pays the Reservation Payment, which the Advertiser issues to Stripe to facilitate the payment of a Reservation Payment to the Advertiser’s Stripe Account;
    6. Reservation Notification means the notification sent to the Advertiser when a Consumer Reserves a Vehicle;
    7. Reservation Payment means the sum paid by a Consumer to Reserve a Vehicle;
    8. 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);
    9. 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;
    10. Stripe Account means the account that the Advertiser has set up with Stripe to facilitate the payment of Reservation Payments which can be viewed by Auto Trader for monitoring and facilitation of transactions;
    11. Stripe Account Data means data regarding the Advertiser’s Stripe Account, including the status of the Stripe Account, any activity regarding Reservations and receipt of Reservation Payments on the Stripe Account and the status of that activity, as well as transactions regarding Vehicles;
    12. Stripe Terms and Conditions means Stripe’s terms and conditions as referred to in clause 3 which shall govern the use by the Advertiser of the Stripe Account and the release of Reservation Payments to the Stripe Account and which are set out in the Schedule; and
    13. 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. For the avoidance of doubt, the Reservations Product is not available to private advertisers or ‘pay as you go’ advertisers.
    2. The Reservations Product is currently only available for the Beta Phase. At the end of the Beta Phase, if Auto Trader wishes to continue to provide the Reservations Product to Advertisers as a formal Product (which shall be determined at Auto Trader’s sole discretion), it shall notify Advertisers accordingly and such Advertisers shall be required to agree to a new set of Rules for the provision and use of such Product, which may differ to these Rules.
    3. Advertisers can sign up to use the Reservations Product during the Beta Phase following an invite from Auto Trader but will only be able to use the Reservations Product once onboarded by Stripe and once the Advertiser has signed up to the Stripe Terms and Conditions.
    4. By signing up to the Reservations Product each Advertiser agrees that Auto Trader can provide the following information relating to such Advertiser (subject to such information being stored on Auto Trader’s systems) to Stripe, for the sole purpose of Stripe registering a user account for the Advertiser for the Stripe Account:
      1. If the Advertiser is a sole trader or partnership:
        1. Trading name;
        2. Individual contact’s name;
        3. Trading address;
        4. Telephone number;
      2. If the Advertiser is a company:
        1. Company name;
        2. Registered company address;
        3. Company number;
        4. VAT number;
        5. Telephone number.
      3. In each case, bank account details for the receipt of Reservations Payments:
        1. Account number;
        2. Sort code;
        3. Account name.
      To the extent that any of the above information contains any personal data, such personal data shall be treated by Stripe in accordance with all relevant Data Protection Laws and in accordance with Stripe’s privacy policy which is available here.
    5. The Advertiser must provide Stripe and/or Auto Trader (as applicable) with all necessary information in order for the Advertiser to be onboarded with Stripe for the Reservations Product. The Advertiser is solely responsible for the accuracy and completeness of all information provided as part of the onboarding process. Auto Trader shall have no liability to the Advertiser if the Advertiser is declined by Stripe.
    6. The Advertiser shall be responsible for entering into an agreement with Stripe for use of the Stripe Account as referred to in clause 3 and shall supply to Stripe such additional information as is requested by Stripe for this purpose.
    7. Excluded Advertisers will not able to set up a Stripe Account.
    8. The Advertiser shall not use the Reservations Product for the benefit of any third party other than the Advertiser.
    9. The Advertiser acknowledges and agrees that Auto Trader may: (a) collect and use Stripe Account Data; and (b) pass Stripe Account Data to Stripe, in order to:
      1. monitor and facilitate the movement of Reservation Payments into the Advertiser’s Stripe Account, and then subsequently into the Advertiser’s own bank account; and/or
      2. monitor and report on the status of Reservations including the Reserved status of the Vehicle once the Reservation Payment is made, whether a sale of a Vehicle has been made and whether the Reservation Payment is pending or has been paid out.
  3. STRIPE TERMS AND CONDITIONS
    1. Stripe has entered into a partnership with Auto Trader to provide the payment processing facility as part of the Reservations Product. As part of this partnership, Stripe requires all Advertisers using the Reservations Product to agree to and accept the Stripe Terms and Conditions prior to using the Reservations Product. Advertisers should therefore read the Stripe Terms and Conditions carefully, as by using the Reservations Product, Advertisers are accepting the Stripe Terms and Conditions and entering into a binding legal contract with Stripe directly on the terms of the Stripe Terms and Conditions. Accordingly, Auto Trader shall not be liable to any Advertiser for any acts or omissions of Stripe in connection with Reservation Payments.
  4. RESERVATION NOTIFICATIONS AND RESERVATION CODES
    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 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.
    3. If the Consumer wishes to proceed with the purchase of the Vehicle, the Advertiser shall request the Reservation Code from the Consumer and use the Reservation Code to transfer the Reservation Payment to the Advertiser. The Advertiser shall ensure that the Consumer confirms that the Consumer:
      1. wants, and is ready, to proceed with the purchase of the Vehicle; and
      2. acknowledges and agrees that by providing the Reservation Code to the Advertiser, the Advertiser can use the Reservation Code to release the Reservation Payment to the Advertiser; and
      3. is aware that the Reservation Payment will be discounted from the purchase price of the Vehicle.
  5. 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 request the Reservation Code from the Consumer unless it has confirmed with the Consumer that the Consumer wishes to proceed with the purchase of the Vehicle;
      8. not seek to take any further deposit or reservation payment from the Consumer to reserve the Vehicle; and
      9. not seek to contact the Consumer after a Consumer has cancelled a Reservation for any marketing or sales purposes.
  6. 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 should ensure that any Vehicles which have been Reserved and are subsequently sold to the Consumer, have the Reservation Payment deducted from the overall purchase price of the Vehicle.
    3. The Advertiser must not cancel any Reservations which have led to the sale of a Vehicle in order that the Advertiser circumvents the use of the Reservations Product and the transfer of the Reservations Payment as part payment of the Vehicle.
    4. 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 4.2.2;
      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. in the event that the Reservation has been in place for 5 days or more and the Advertiser reasonably believes that the Consumer is not genuinely interested in purchasing the Vehicle from the Advertiser; and/or
      4. 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,
      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 6.4.1 within 2 working hours of it becoming unavailable) and provide a reason for the cancellation to activate a cancellation of the Reservation and to activate the return of the Reservation Payment. The Advertiser shall respond promptly and in good faith to any queries from the Consumer with regards to cancellation of the Reservation by the Consumer.
    5. 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.
    6. Auto Trader will cancel any Reservations which have been outstanding for 21 days after being placed and will refund the Consumer.
  7. 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: (i) any Consumer complaints or claims brought against Auto Trader in respect of any transaction; (ii) any complaint or claim by Stripe in connection with any act or omission of the Advertiser or breach by the Advertiser of the Stripe Terms and Conditions; or (iii) any transaction between the Consumer and Advertiser for the purchase by the Consumer of any Vehicle in connection with a Reservation (including in respect of the release of the Reservation Payment to the Advertiser).
    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.
    6. Auto Trader has no liability to the Advertiser if Stripe ceases to provide the payment processing facility and/or Stripe Accounts, whether just to the Advertiser or more generally.
  8. 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, given that Auto Trader shall not be a party to the Reservation process or transaction, 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.
  9. CANCELLATION OF RESERVATIONS PRODUCT
    1. The Advertiser shall be entitled to cancel the Reservations Products by giving notice to Auto Trader in accordance with this clause 9.
    2. The Advertiser may cancel by contacting its account manager. 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.
    3. Upon Auto Trader confirming the cancellation in accordance with clause 9.2, the Reservations Product will then become unavailable to the Advertiser and the Advertiser’s adverts will no longer have the reserve option available to Consumers.
    4. During the period of 28 days after Auto Trader confirming the cancellation in accordance with clause 9.2:
      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;
      2. he Advertiser should deal appropriately with any outstanding reservations in accordance with these Rules; and
      3. the reservations payment history in Portal will still be available to the Advertiser (including after the 28 day period).
  10. 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. During the Beta Phase, on the basis that the Reservations Product is being tested as a concept and may be subject to change without notice, each of the Advertiser and Auto Trader may terminate an Advertiser’s use of the Reservations Product on 7 days’ notice. Advertisers acknowledge that it may take up to a further 7 days for Auto Trader to remove the Reservations Product from the Advertiser’s Package following receipt of such notice.
    4. Auto Trader reserves the right to amend, modify, remove and/or extend this Product at any point with immediate effect.
    5. Auto Trader may modify these Rules from time to time on giving at least 15 days’ notice in accordance with our Main Advertising Terms and Conditions.

STRIPE TERMS AND CONDITIONS

Stripe Connect Account Agreement