General Terms (Applicable to all Products and Services)

  1. Application
    1. The terms of this policy document are applicable to all products, services, value-added products, campaigns, and the like.
    2. Please read these terms and conditions as well as the terms and conditions applicable to your relevant products, services, value-added products, and campaigns carefully and familiarise yourself with them.
    3. If anything is unclear, do not hesitate to phone our Customer Care department on 0861 000 234. As a valued AA Member, we will be happy to guide and advise you.
       
  2. Definitions

The listed terms have the following meanings throughout this policy document as well as policy documents in respect of each product, service, added value product, campaign:

    1. “AA”: The Automobile Association of South Africa NPC.
    2. business day”: weekdays excluding Saturdays, Sundays, and public holidays in South Africa.
    3. days”: calendar days.
    4. Dependant: A Member, 25 (twenty-five) years or younger, living at the same address as, or who is financially dependent on, the principal Member, who is eligible for a discounted subscription.
    5. Member: The individual principal Member in whose name the AA Membership is maintained.
    6. Membership Year: The 12 (twelve) month period covered by the Member’s subscription.
    7. Spouse: A Member, living at the same address as his/her spouse or partner who is a principal Member, who is eligible for a discounted subscription.
    8. Subscription: The monthly or annual payment required to remain a Member of the AA.
    9. Vehicle: The vehicle that the Member is travelling in, either as a passenger or driver, at the time of the incident. This may be a motorcar, motorbike, caravan, trailer, 4x4, or light commercial vehicle (LCV), with a gross vehicle mass (GVM) of less than 3.5 (three comma five) tons that can be legally used on South African public roads, and where vehicle dimensions do not exceed 5.5m (five comma five meters) in length, 2.5m (two comma five meters) in width, and 2.6m (two comma six) metres in height. This does not include taxis and vehicles used for business purposes. Vehicles must be in a roadworthy condition.
    10. We/us/our: the AA.
    11. You/your: the Member.
       
  1. Interpretation
    1. Any definition conferring rights or imposing obligations on any party will be given effect to as if that definition was a substantive provision.
    2. Defined words and expressions will have the same meanings in schedules, annexures, addenda, and amendments that do not contain their own or conflicting definitions.
    3. Words and expressions defined in a clause, other than the definitions clause, will have the meaning assigned to such words and expressions in that clause.
    4. A period in this agreement will be calculated to exclude the first day and include the last day. If the last day falls on a day that is not a business day, the last day will be the next business day.
    5. If a specified date for performance of an obligation is not a business day, the due date for performance will be the next business day.
    6. If there is any discrepancy between sums or figures specified in numerals and in words, then the words will prevail.
    7. The rule of interpretation that a contract will be interpreted against the party responsible for its drafting or preparation or for whose benefit the clause was inserted will not apply.
    8. Any reference in this agreement to a party will include a reference to that party’s assigns expressly permitted under this agreement and, if such party is liquidated, sequestrated, or deceased, be applicable also to and binding upon that party’s liquidator, trustee, or executor, as the case may be.
    9. This agreement and all matters arising here from will be governed by the law of the Republic of South Africa, notwithstanding the place of signature and/or the place of delivery of any performance rendered between the parties in terms of this agreement.
       
  2. AA Membership in General
    1. AA Membership and benefits are non-refundable, non-transferable, and personal to you.
    2. Membership entitlements do not cover incidents that happened before you subscribed to the AA.
    3. We reserve the right to deny services or suspend AA Membership to any Member who, in the AA’s opinion is, or has been, abusive, threatening, or violent toward any AA staff member, or who attempts to receive service by deception, with no obligation on the AA to refund the Member.
    4. AA Membership is personal and does not automatically cover your Spouse and Dependants, who should become Members in terms of their own AA Membership.
       
  3. Resolving Disputes
    1. We do not accept liability for loss or damage to the Vehicle or any of its components or accessories or contents while it is unattended or while in the custody or under the control of any AA-approved service provider, repairer, or contractor.
    2. We will assist you in every way possible to resolve disputes with our AA Approved service providers, repairers, or contractors where loss or damage may have occurred while the vehicle was in their care.
    3. We carefully select our service providers, repairers, and contractors for value-added services but cannot guarantee the quality of service.
    4. AA Approved service providers, repairers, and contractors are not our agents or employees. We are not responsible for their actions or omissions or for any damage caused by their performance or failure to perform.
    5. Where there is a need for clarification of terms and conditions or relating to your entitlements, our interpretation will be final.
       
  4. Right to Amend Benefits, Terms, and Conditions
    1. We constantly strive to provide new and improved services to you.
    2. We reserve the right to unilaterally amend the terms, conditions, and benefits, including changing AA Approved service providers, repairers, and contractors.
    3. We will notify Members of material amendments in our Member communications.
       
  5. Up-to-Date Subscription
    1. Your subscription must be up to date for you to be eligible to use your Membership.
       
  6. Cancellation of Membership
    1. AA Membership becomes active on the date payment is received.
    2. Members will be notified in writing within 60 (sixty) to 90 (ninety) days of their approaching 12 (twelve) month Membership Year renewal date.
    3. Should you wish to discontinue your Membership benefits, you must provide 30 (thirty) days’ notice prior to your Membership renewal date to avoid any cancellation fees.
    4. Members are responsible for keeping their contact details up to date in order to receive renewal notices and other communications.
    5. Members have the right to cancel their Membership in writing within 5 (five) business days of the date on which their Membership becomes active (the ‘cooling-off’ period). The following refund policy will apply for Members cancelling within the 5 (five)-day ‘cooling-off’ period:
      1. If the Member has utilised the AA’s assistance within the 5 (five)-day period, the Member will receive a full refund of the total Subscription paid, less the AA’s charges for assistance provided. If the services provided amount to more than the Subscription paid, the additional sum for the services will be payable by the Member.
      2. If the Member did not utilise the AA’s assistance, the Member will receive a full refund of the total Subscription paid.
    6. Members who wish to cancel within 12 (twelve) months of their current Membership Year must provide 20 (twenty) business days’ notice in writing, and will remain liable for any sums incurred in the rendering of services during this period, as well as a cancellation fee, which will be calculated at the time of cancellation.
    7. Members who have selected to pay by recurring debit order will be automatically renewed for each 12 (twelve) month period until cancelled in writing by the Member.
       
  7. Debit Orders
    1. In instances where your debit order is unsuccessful, we will notify you of the rejected debit order through an SMS and automatically re-submit the debit order on the next debit order run (1st, 15th, or the 25th) to ensure your service continuity.
    2. Unfortunately, any bank charge penalty imposed will not be refundable by the AA.
       
  8. Direct Marketing
    1. The AA is a member of the Direct Marketing Association of South Africa (DMASA) and as such is subject to and bound by the DMASA’s Code of Ethics and Standards of Practice (https://www.dmasa.org/sites/dmasa.org/files/dmasa_codes_of_practice_2018.pdf).
    2. In accordance with our Protection of Personal Information Policy, you hereby consent to us contacting you directly with information relating to our products and services from time to time, and if you are a Spouse Member, we may offer our products and services to both of you, jointly or singly.
    3. Should you no longer wish to receive marketing communications, you may opt-out or unsubscribe via the “Manage Profile” link in our emails.
    4. If you feel that we are in violations of the DMASA’s Code of Ethics and Standards of Practice, kindly direct your complaints to: TheAA@aasa.co.za
  9. Domicilium Citandi Et Executandi
     
    1. For all purposes of this agreement and matters arising here from, including but not limited to giving notice, the making of any communication and service of any process, the parties choose their respective addresses as follows:
      1. The AA at:                              Denis Paxton House,
                                                       4 Hyperion Rd,
                                                       Barbeque Downs,
                                                       Kyalami, 1684
      2. The Member at:                     at the address provided by in obtaining your                          Membership.
    2. A party may change its domicilium by notice in writing to the other party, provided that the new domicilium is a physical address, and not a postal address, within the Republic of South Africa.
    3. Any notice must be in writing and must be delivered by hand, transmitted by telefax, transmitted by e-mail, or be posted to the domicilium chosen by the party concerned.
    4. A notice or process delivered at the party’s domicilium will be deemed to have been duly received:
      1. on the date of delivery if delivered by hand and handed to a responsible person at the party’s domicilium and it will not be necessary to hand such process or notice to any party or such party’s nominates representative personally;
      2. on the date of transmission if transmitted by telefax or by e-mail, provided that if such transmission is out of commission for any reason, such period will not be included in arriving at the deemed receipt;
      3. 10 (ten) days after the date of posting, provided that if such postal facilities are out of commission for any reason, such period will not be included in arriving at the deemed receipt;
      4. at the address stated on the envelope, telefax, or e-mail;
      5. by the party as the addressee or to a responsible person at the chosen domicilium unless the contrary is proven.
    5. Notwithstanding anything to the contrary herein, a written notice or communication actually received by a party will be deemed to be written notice or communication on the date of actual receipt, notwithstanding that it was not delivered or transmitted to its chosen domicilium.
  10. General
    1. The parties hereto agree that no extension of time, acceptance of late performance, or any other indulgence will constitute a waiver of any party's rights in terms of this agreement or in law, and will be always entirely without prejudice to such rights.
    2. Save as expressly provided for herein, none of the parties will be entitled to cede or assign this agreement or any of their rights and obligations herein except with the written consent of the other parties, which consent will not be unreasonably withheld.
    3. If any of the provisions of this or any of our other policy documents are found to be invalid, unlawful, or unenforceable such terms will be severed from the remaining terms, which will continue to be valid and enforceable.