Terms & Conditions
RAPID RESPONSE MOBILE MECHANIC LTD
Trading as Mobile Mechanic Colchester
Terms and Conditions of Service
TERMS AND CONDITIONS OF SERVICE
IMPORTANT CONTRACT NOTICE
By:
(a) paying any fee
(b) placing a booking request
(c) allowing us to attend site or commence work
(d) submitting your details through our website booking form and ticking the acceptance box confirming that you have read and accepted these Terms and Conditions, or
(e) asking, authorising, permitting, or arranging for any third party including a warranty company, dealership, insurer, finance provider, family member, friend, employer, or any other person or company to make payment on your behalf
you confirm that you have read, understood and agreed to these Terms and Conditions in full.
Where payment is made by a third party on behalf of the Customer, these Terms and Conditions shall still apply in full to the Booking, the Vehicle, the Services, the payment made, and the Customer Account on file.
The Customer named on the Booking or customer record remains fully responsible for ensuring that any third party paying on their behalf has been made aware of these Terms and Conditions before payment is made.
Any third party making payment on behalf of the Customer shall be deemed to have made that payment subject to these Terms and Conditions.
These Terms constitute a legally binding contract between you and Rapid Response Mobile Mechanic Ltd trading as Mobile Mechanic Colchester.
If you do not agree, you must not make payment, request a booking, submit the booking form with the acceptance box ticked, arrange for a third party to make payment on your behalf, or permit attendance or work to begin.
IMPORTANT NOTICE ABOUT WEBSITE FORM ACCEPTANCE AND VIRTUAL SIGNATURE
Where you submit a booking enquiry or booking request through our website, including through the Book My Car page at:
and you tick the checkbox confirming:
“I consent to being contacted by a member of the team regarding available booking times and pricing. I understand that payment will be required upon final booking confirmation. I confirm that I have read and accept the Terms and Conditions.”
that action shall constitute your electronic acceptance of these Terms and Conditions and shall be treated as your virtual signature.
You agree that ticking that checkbox is the legal equivalent of signing these Terms by hand and may be relied upon by us as evidence that you accepted these Terms before any booking, payment, scheduling, attendance, or work was arranged.
IMPORTANT NOTICE ABOUT OUR BUSINESS STATUS AND AFFILIATION
Rapid Response Mobile Mechanic Ltd has taken over the trading operations of Mobile Mechanic Colchester. First Response Mobile Mechanic Colchester Ltd is dissolved and under liquidation and is no longer affiliated with, associated with, or acting in partnership with Rapid Response Mobile Mechanic Ltd.
Any bookings, payments, warranties, liabilities, disputes, claims, or obligations relating to First Response Mobile Mechanic Colchester Ltd remain solely with that entity and its appointed insolvency practitioner, unless Rapid Response Mobile Mechanic Ltd expressly agrees otherwise in writing.
- Definitions and Interpretation
1.1 In these Terms:
Company, we, us, our means Rapid Response Mobile Mechanic Ltd trading as Mobile Mechanic Colchester.
Customer, you, your means the individual or entity requesting Services.
Third Party Payer means any person, company, dealership, warranty provider, insurer, finance company, employer, family member, friend, or other third party who makes payment to us on behalf of the Customer.
Payer means the person or entity making payment to us, whether that is the Customer or a Third Party Payer.
Vehicle means the motor vehicle identified in the booking request.
Services means any mobile diagnostic, inspection, repair, servicing, breakdown assistance, recovery assistance, or related mechanical or electrical work carried out by us.
Technician means any employee, contractor, or agent acting on our behalf.
Booking means an appointment request accepted by us in writing, including by email, SMS, WhatsApp, website submission, or payment confirmation.
Customer Account means the internal customer ledger account held by us in the name of the Customer on file, onto which all payments made to us in relation to that Customer’s Booking, Vehicle, or Services are transferred and recorded as service credit, including payments made by the Customer and any Third Party Payer on the Customer’s behalf.
Customer Credit means the non withdrawable service credit balance recorded on your Customer Account and redeemable only against future Services provided by us.
Breakdown means a mechanical or electrical failure rendering the Vehicle unsafe or inoperable.
Temporary Repair means a short term intervention intended to enable limited movement, testing, or temporary operation and not a permanent remedy.
1.2
Headings are for convenience only and do not affect interpretation.
- Scope of Services and Service Limitations
2.1
We provide mobile mechanical services. We do not provide insurance, roadside membership, or guaranteed recovery cover.
2.2
Services are provided on a best endeavours basis and are subject to factors beyond our control including:
(a) Vehicle condition and accessibility
(b) Safe working conditions and site safety
(c) Weather and environmental conditions
(d) Availability and lead time of parts
(e) Operational capacity and scheduling constraints
2.3
We may refuse, suspend, or withdraw attendance and or Services where, acting reasonably, we consider it unsafe, unlawful, impractical, or likely to cause damage or risk to persons or property.
2.4
Services are limited to the Vehicle stated in the Booking. Additional vehicles or additional work beyond the agreed scope require a separate agreement and may require additional payment.
2.5
You must ensure the Technician has safe access to the Vehicle, adequate working space, and the Vehicle keys and any security codes required where applicable.
- Bookings, Acceptance and Pre Work Communication
3.1
A Booking is not confirmed until we confirm it in writing and or you have made the required payment where applicable.
3.2
Times provided are arrival windows and are estimates only. Delays can occur due to traffic, prior jobs, parts delays, weather, or operational necessity.
3.3
You must provide accurate Vehicle details including registration, make, model, engine where relevant and accurate location details. If incorrect details cause wasted attendance, delay, or inability to proceed, this may be treated as a cancellation, aborted appointment, or chargeable attendance.
3.4
Where you complete and submit our website booking form and tick the Terms and Conditions acceptance checkbox, this shall be treated as your express confirmation that you accept these Terms and Conditions and wish to proceed on that basis.
3.5
You agree that our records of website form submissions, IP logs, timestamps, checkbox selections, emails, messages, payment confirmations, and booking communications may be relied upon as evidence of your acceptance of these Terms.
3.6
Where a third party makes payment on behalf of the Customer, the Customer on file remains the contracting party for the Booking unless we expressly agree otherwise in writing.
3.7
It is the responsibility of the Customer on file to ensure that any Third Party Payer has been informed that payment made on the Customer’s behalf will be applied to the Customer Account on file and will be subject to these Terms and Conditions.
3.8
We are entitled to rely on the booking details, customer record, payment references, email communications, call records, and related correspondence to determine which Customer Account a payment should be allocated to.
- Pricing and Payment Policy
4.1
Unless we agree otherwise in writing, payment in full is required in advance to confirm any Booking.
4.2
Any sum paid to us, whether by bank transfer into our business account, by credit card, by debit card, by finance provider, by warranty company, by dealership, by insurer, or by any other payment method we accept, is received by us and then transferred to the Customer Account held in the name of the Customer on file.
4.3
This applies whether the payment is made directly by the Customer or by a Third Party Payer on the Customer’s behalf.
4.4
Once transferred to the Customer Account on file, that payment ceases to be treated as money held for withdrawal by either the Customer or the Third Party Payer and is instead converted into Customer Credit for use against our Services only.
4.5
Customer Credit is an internal service credit system used by us for accounting and booking purposes. Although Customer Credit may be displayed or referred to using the £ symbol, it represents service credit only and does not represent cash, a bank deposit, e money, stored value, or money held on trust for the Customer or any Third Party Payer.
4.6
Customer Credit:
(a) has no cash withdrawal value
(b) is non refundable except where we expressly agree in writing or where required by law
(c) is non transferable
(d) cannot be assigned, sold, gifted, or exchanged
(e) may only be used against future servicing, repairs, diagnostics, inspections, or other Services supplied by us
4.7
By making payment, or by arranging for payment to be made on your behalf, you expressly agree that the amount paid will be converted into Customer Credit and recorded on the Customer Account held in the name of the Customer on file.
4.8
Where a Third Party Payer, including a warranty company or dealership, makes payment on behalf of the Customer, that payment shall be treated as a payment into the Customer Account on file only. It does not create a separate account, separate credit balance, trust arrangement, or repayment obligation in favour of the Third Party Payer unless we expressly agree otherwise in writing.
4.9
The Customer on file remains solely responsible for communicating these Terms and Conditions to any Third Party Payer and for ensuring that the Third Party Payer understands that payment will be credited to the Customer Account on file.
4.10
Diagnostic and labour charges are payable for time, skill, experience, booking allocation, and operational commitment. They are not contingent upon a particular outcome and do not guarantee that a fault will be conclusively identified or repaired at the first visit.
4.11
We may allocate and apply Customer Credit when we commit resources to your Booking, including scheduling, technician allocation, travel planning, administrative handling, parts research, attendance, diagnostics, servicing, or repair work.
4.12
Where we supply parts, title to those parts remains with us until paid in full. Risk in parts passes on fitment or delivery to the Vehicle, whichever occurs first.
- Chargebacks, Payment Disputes and Administration Fees
5.1
Where a Customer or any Third Party Payer initiates a chargeback, card dispute, or payment reversal, referred to in these Terms as a Payment Dispute, we reserve the right to:
(a) dispute the Payment Dispute and submit evidence including booking records, communications, call recordings, technician logs, photographs, diagnostic data, website acceptance records, checkbox acceptance records, timestamps, IP data where available, and Terms acceptance records
(b) suspend further Services until the dispute is resolved and cleared funds are received
(c) recover reasonable costs incurred in dealing with the Payment Dispute, including an administration fee as set out at clause 5.2, to the extent permitted by law
5.2 Payment Dispute Administration Fee
If you initiate a Payment Dispute, you agree to pay a £200 administration fee reflecting the operational and evidential costs of responding, provided this fee is fair and proportionate in the circumstances and permitted by law. We may invoice this fee and pursue recovery through civil debt recovery processes if unpaid.
5.3
Nothing in these Terms limits your statutory rights to raise a genuine dispute with your payment provider. However, where Services have been provided, attendance has occurred, resources have been allocated, or funds have already been transferred into your Customer Account as Customer Credit, you accept that we will robustly contest any reversal by the Customer or any Third Party Payer that does not reflect the contractual position.
5.4
Where a Customer or any Third Party Payer seeks to reverse or recover a payment after it has been transferred to the Customer Account as Customer Credit, we reserve the right to rely on these Terms and Conditions as evidence that the payment was knowingly applied to the Customer Account on file and converted into non withdrawable service credit for future use against our Services.
5.5
Where payment has been made by a Third Party Payer on behalf of the Customer, any dispute regarding reimbursement, repayment, contribution, or financial responsibility as between the Customer and that Third Party Payer is a matter between those parties only and does not affect our right to treat the funds as Customer Credit on the Customer Account in accordance with these Terms.
- Cancellations, No Access and Rescheduling
6.1 Customer cancellation
You may cancel the requested assistance or Booking at any time before work is carried out. However, once payment has been made, whether by you or by a Third Party Payer on your behalf, and transferred to your Customer Account, the value paid remains as Customer Credit only and cannot be withdrawn as cash.
6.2
If you cancel before Services are provided, the credit balance will remain on your Customer Account for future use against our Services, subject to these Terms, regardless of whether the original payment was made by the Customer or by a Third Party Payer.
6.3 No access or missed appointment
If the Technician attends and cannot access the Vehicle, cannot obtain keys, cannot safely work, or is prevented from commencing work due to information, access failure, or circumstances within your control, we may deduct a reasonable amount of Customer Credit to reflect attendance, time lost, and operational costs incurred. The remaining balance, if any, will stay on your Customer Account as Customer Credit.
6.4 Rescheduling by us
We may reschedule due to illness, weather, Technician breakdown, parts delays, or operational necessity. Where we reschedule, your Customer Credit remains on your Customer Account for the rearranged Booking or any future Booking with us.
6.5
If we cancel a Booking and you choose not to rearrange, any amount already transferred to your Customer Account will remain there as Customer Credit for future use, unless we decide otherwise in writing or the law requires otherwise.
- Credit Validity
7.1
Customer Credit remains valid for 12 months from the date of payment unless we agree otherwise in writing.
7.2
Customer Credit may only be used against future servicing, repairs, diagnostics, inspections, or other Services provided by us.
7.3
Customer Credit cannot be withdrawn, redeemed for cash, or transferred to another person or vehicle owner, except where required by law.
7.4
After expiry, unused Customer Credit may be cancelled from the Customer Account without compensation, except where required by law.
- Refunds
8.1
As a general rule, once payment has been made to us, whether by the Customer or by a Third Party Payer on the Customer’s behalf, and transferred to your Customer Account, it is converted into Customer Credit and is not refundable in cash.
8.2
If you cancel assistance or cancel a Booking after payment, the assistance may be cancelled, but the amount paid will remain on your Customer Account as Customer Credit and may only be used for future Services.
8.3
Customer Credit is not permitted to be withdrawn, cashed out, reversed, or reclaimed as money by the Customer or by any Third Party Payer merely because assistance has been cancelled.
8.4
No refunds are provided for Services already rendered, including completed diagnostic time, labour time, attendance, travel, inspection, servicing, repair work, or administrative and operational allocation already committed.
8.5
Any exception to this refund policy will only apply where:
(a) we expressly agree in writing, or
(b) a refund is required by applicable law or your statutory rights
8.6
For the avoidance of doubt, once funds have been transferred to your Customer Account, they are thereafter treated solely as Customer Credit, even where that credit is displayed using the £ symbol.
8.7
For the avoidance of doubt, where a warranty company, dealership, insurer, finance provider, family member, employer, or any other Third Party Payer makes payment on behalf of the Customer, that payment is treated as having been paid into the Customer Account held in the Customer’s name and is governed by these Terms in the same way as if the Customer had made the payment personally.
8A. Complaints Procedure
8A.1 How to submit a complaint
All formal complaints must be submitted in writing by email to: customer.relations@rapidresponsemobilemechanic.co.uk
To help us investigate promptly, please include your full name, vehicle registration, booking address, appointment date and time window, and a clear summary of the issue and the outcome you are seeking.
8A.2 When a complaint is treated as logged
A complaint is treated as formally logged only once we confirm in writing that it has been accepted into our complaints process.
8A.3 Suspension of service and refunds during investigation
Once a complaint is logged as formal:
(a) no further assistance or follow up work will be authorised until the complaint investigation is concluded, unless we confirm otherwise in writing
(b) no refund will be processed while the complaint is under investigation. Any refund decision will be made only once the complaint outcome has been issued
8A.4 Timescales
We will acknowledge receipt of a formal complaint within 3 working days. We will aim to resolve and provide a full written outcome as soon as reasonably possible and, in any event, within 8 weeks of the complaint being formally logged. If additional information is required, or third party evidence is needed, we will notify you in writing during the investigation.
8A.5 Resolution outcomes
Where a complaint is upheld in whole or in part, we may, acting reasonably, offer one or more of the following: rescheduling, re attendance, corrective work, or an appropriate refund decision in line with these Terms and Conditions and your statutory rights.
8A.6 Statutory rights
Nothing in this complaints procedure limits or removes your statutory rights.
- Diagnostics, Repairs and Outcomes
9.1
Diagnostics identify likely causes based on available evidence and the limitations of mobile testing. Many warning lights, fault codes, and symptoms can have multiple root causes.
9.2
Where further strip down, specialist tools, dealer level programming, workshop equipment, or extended testing is required, we will advise and may recommend further work, recovery, or referral.
9.3
Temporary Repairs may be offered where a permanent repair is not possible immediately. Temporary Repairs are not guaranteed to provide long term resolution.
9.4
We are not responsible for deterioration, non start, or additional faults arising from:
(a) pre existing faults or damage
(b) latent defects
(c) manufacturer design faults or known issues
(d) previously incorrect repairs or modifications
(e) consequential failures not reasonably foreseeable from the reported symptoms
- Parts
10.1
Parts supplied by us will be OEM, OEM equivalent, or aftermarket unless otherwise agreed in writing.
10.2
Customer supplied parts are fitted entirely at your risk. We provide no warranty as to the suitability, quality, or compatibility of customer supplied parts and are not liable for any associated failure or consequential damage, except where caused by our negligence.
10.3
Electrical and programmed components may be non returnable once fitted or once packaging is opened, subject to supplier terms and statutory rights.
- Vehicle Eligibility and Working Conditions
11.1
You confirm that the Vehicle is road legal unless it is being diagnosed or repaired as non road legal by agreement, not overloaded, and is within safe working limits.
11.2
Modified vehicles, commercial vehicles, specialist vehicles, or vehicles in unsafe condition may require additional charges or may be refused at our discretion for safety and practicality reasons.
- Safety, Behaviour and Termination
12.1
Abusive, threatening, aggressive, discriminatory, or inappropriate behaviour towards staff will result in immediate termination of Services and departure from site.
12.2
Where Services are terminated under clause 12.1, no refund will be provided and any remaining Customer Credit will be retained to the extent it reflects time, attendance, and costs reasonably incurred, subject always to statutory rights.
- Liability
13.1
We are not liable for loss of earnings, loss of profit, missed appointments, loss of business, or any indirect or consequential losses.
13.2
Subject to clause 13.3, our total liability arising out of or in connection with the Services, whether in contract, tort, or otherwise, is limited to the value of the Services actually paid for and provided.
13.3
Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited or excluded by law.
- Consumer Rights
14.1
These Terms are intended to comply with the Consumer Rights Act 2015.
14.2
Nothing in these Terms affects your statutory rights. Where there is a conflict between these Terms and your statutory rights, your statutory rights prevail.
- Misuse and Fraud
15.1
Any attempt to misrepresent faults, obtain unauthorised refunds, misuse payment systems, or seek recovery of Customer Credit contrary to these Terms may result in refusal of future service and may lead to civil recovery action and or reporting to relevant bodies where appropriate. - Data Protection and Recording
16.1
Personal data is processed in accordance with UK GDPR and applicable data protection legislation.
16.2
For quality, training, and evidential purposes, we may record calls, messages, website submissions, booking records, and job activity including photographs and diagnostic screenshots. Where recordings or records are used for dispute resolution, they may be shared with payment providers, insurers, legal advisers, and debt recovery agents where necessary and lawful.
- Governing Law and Jurisdiction
17.1
These Terms and any dispute or claim, including non contractual disputes or claims, are governed by the laws of England and Wales.
17.2
The courts of England and Wales have exclusive jurisdiction.
Help@MobileMechanicColchester.com | Terms & Conditions | 01206 645 195