Vehicle Check terms and conditions

Last Updated: 2nd April 2024

Please read these Terms and Conditions carefully as they contain important information about the relationship between Auto Trader Limited (“Auto Trader”, “we”, “us” or “our”) and you (“you”, “your” or“Customer”) in relation to Vehicle Check.

You may only use Vehicle Check if you are 17 years old or over and carrying out a check on a vehicle for your own personal purposes.

In these Terms:

1. “Check” means the vehicle history provenance check which you complete on a vehicle using the Vehicle Check Services;
2. “Check Results” means the report we provide to you as a result of a completed Check;
3. “Vehicle” means a vehicle which you purchase after it is the subject of a successfully completed Check;
4. “Vehicle Check” means the service made available by us that you can purchase in order to carry out a vehicle history check on a vehicle advertised for sale on our Platform, or elsewhere, which you may be considering purchasing; and
5. “UK” means the United Kingdom of Great Britain and Northern Ireland (but does not include Jersey, Guernsey or the Isle of Man).

Please pay particular attention to paragraph 8 which sets out the limits of our liability to you.

1. KEY INFORMATION IN THESE TERMS – A SUMMARY

   The information in this paragraph is a summary of some of the important terms included in these Terms, which we specifically want to bring to your attention. However, reading this summary is not a substitute for reading these Terms in full, which we strongly recommend that you do.

   1. These Terms apply to Vehicle Check. These terms and conditions (“Terms”) will apply when you use Vehicle Check to carry out a Check in relation to a vehicle advertised for sale on the Auto Trader website at www.autotrader.co.uk or any other Auto Trader platform (including mobile and tablet) (“Platform”), or advertised on any other platform or location within the UK.
   2. Please read these Terms carefully before you use Vehicle Check and purchase a Check. These Terms form the contract between you and Auto Trader in respect of your use of Vehicle Check and will be binding on all users of Vehicle Check. We suggest that you also keep a copy of these Terms for future reference.
   3. These Terms may change from time to time so it is important that you make sure you check these Terms each time you use Vehicle Check.
   4. A Check is personal to you, so only you may use and benefit from the Check Results, and the Data Guarantee (as defined in paragraph 1(5)). You must be 17 or older to use Vehicle Check.
   5. We give you a Data Guarantee when you complete a Check on a vehicle which you then purchase (which means that if certain information provided in the Check Results is inaccurate, incorrect or incomplete, you may be entitled to make a claim for your losses (“Data Guarantee”), but this is subject to some special terms and conditions which are set out in the Schedule below (“Data Guarantee Terms”) and you registering the vehicle identification number (“VIN”) (as described below) . Please read the Data Guarantee Terms carefully.
   6. You will need to register the VIN of the vehicle which is the subject of the Check before you purchase the vehicle in case you need to make a claim on it (unless paragraph 10(2) applies). Paragraph 10 tells you to how to do this.
   7. You cannot cancel the Check once you have paid for it, because it is a service that is provided straight away to you following payment.
   8. There are some things you should to do before you purchase a vehicle to make sure that you’ve got all the information you need. These things are:
      1. double-check the seller’s name and address;
      2. make sure the sale happens where the registered keeper lives (for private sales);
      3. check that the vehicle’s registration matches the vehicle’s vehicle registration log book (“V5C”);
      4. check the VIN matches vehicle’s V5C; and
      5. keep the purchase receipt signed by the seller (for private sales), or an invoice copy if it is from a motor trader.
2. HOW TO USE THE VEHICLE CHECK SERVICE
   1. The Platform sets out how you can complete a Check on a vehicle.
   2. In order to carry out a Check on the Platform, you must:
      1. be 17 years old or over;
      2. have checked that the vehicle against which you wish to search is registered in the UK;
      3. have paid the price for the Check; and
      4. have read and complied with the checklist set out in paragraph 1(8) above.
   3. Vehicle Check is only for car, motorcycle, motorhome, van and trucks and cannot be used in relation to agricultural vehicles and plant machinery.
   4. Once you have successfully completed a Check, you will see the Check Results on the Platform, and you will receive an e-mail to the e-mail address you provided as part of Vehicle Check to confirm that payment has been taken and to provide you with confirmation of your search and details of a hyperlink at which you can view your Check search results.
   5. You will also be able to view the Check Results in your account section of the Platform.
   6. Before you purchase the vehicle which is the subject of a successfully completed Check you must register the VIN of the vehicle to which the Check search relates (unless paragraph 10(2) applies). If the VIN matches the Check Results then this will entitle you to receive the benefit of the Data Guarantee subject to the Data Guarantee Terms (which are set out in the Schedule below) if you go on to purchase the vehicle. Please make sure that you have read and understood the Data Guarantee Terms as they set out when and how you can make a claim under the Data Guarantee. You should also be aware that in order to benefit from the Data Guarantee you must take certain steps before purchasing the vehicle and certain exclusions apply. These are all set out in the Data Guarantee Terms.
   7. These are the data items included in a Check Result:
      1. vehicle registration mark (“VRM”);
      2. make;
      3. model;
      4. transmission;
      5. fuel type;
      6. body type;
      7. colour;
      8. number of gears;
      9. first registered date;
      10. Co2 emissions rating;
      11. engine capacity;
      12. year of manufacture;
      13. road tax cost (for 12 months);
      14. stolen status;
      15. finance status;
      16. write off status;
      17. plate change status;
      18. colour change status;
      19. number of previous keepers;
      20. mileage status;
      21. environmental report details;
      22. import status;
      23. export status; and
      24. VIN confirmation.
   8. Any data items not listed in paragraph 2(7) are not included in a Check Result, this includes by way of example (and this is not a list of everything which is not included):
      1. the physical condition of the vehicle;
      2. the roadworthiness or safety of the vehicle;
      3. if the vehicle has been involved in an undeclared accident or has been “written off” (unless it was written off by a UK insurance company and registered with MIAFTR);
      4. if there is any unrecorded salvage history;
      5. if any vehicle is a “clone”, bearing a false VRM and VIN; and
      6. if there is outstanding finance on the vehicle which is not with a UK lender.
3. HOW TO PAY FOR A CHECK
   1. The price for a Check using Vehicle Check and the method of payment you can use to pay the price for a Check using the Vehicle Check Service is as displayed to you on the Platform before you carry out a Check. You will need to pay the price for a Check before you are able to complete a Check.
   2. Please do not pay for a Check unless you wish to complete a Check, as once you have paid for a Check, no refunds will be given. Except as described in paragraph 3(3), you will not be entitled to a refund in the event that you decide not to purchase the vehicle, or for any other reason unless there is an error with Vehicle Check caused by us.
   3. Where you have completed a Check for a Vehicle advertised on the Platform and the Check Results show that the Vehicle was a stolen vehicle, a scrapped vehicle or a category A or B write-off then we will offer you a refund or a free Check to use for another vehicle (at our discretion).
4. YOU HAVE SOME RESPONSIBILITIES
   1. You agree to use Vehicle Check in the following manner:
      1. in a responsible way, for the purposes for which it is intended;
      2. in accordance with these Terms;
      3. only for your own use (being a personal, individual use, or in the course of your business use only) , and not on behalf of any other person;and
      4. not for any fraudulent or misleading purposes.
   2. You should also be aware that the Check Results only cover certain areas (as listed in paragraph 2(7)), and you should use it as a tool to help you discover the history of a vehicle which you are interested in purchasing. However, it is not a substitute for you carrying out your own enquiries and satisfying yourself that the vehicle is suitable for your own needs and budget and that there are no issues that you are, or should be, aware of that mean that you shouldn’t purchase the vehicle either at all, or without carrying out further checks and enquiries.
   3. The Check Results are information which belongs either to us or to the third parties who have provided us with the data. You may only use the Check Results for your own use (being a personal, individual use, or in the course of your business use only) personal non-commercial use and you may display them on a device, print individual pages onto paper (but not photocopy them) and store them in an electronic format (but not on any server or other storage device connected to a network).
   4. You agree that you shall not do any of the following things with the Check Results:
      1. reproduce, modify, or distribute the Check Results
      2. create a database from the Check Results; or
      3. sell or transfer the Check Results, or doing anything else which makes available either the ability to conduct a Check or the Check Results to anyone else.
5. YOU HAVE NO RIGHT TO CANCELLATION
   1. Please be aware that by paying the price for the Check on the Vehicle Check Service, you are making payment for a service which is provided to you straight away following your payment. As a result of the Vehicle Check Service being provided this way, you should be aware that this means that you lose your right to any cancellation or ‘cooling-off period’ which may have otherwise been available to you under consumer legislation or under these Terms (this includes the right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).
6. WHAT TO DO IF YOU HAVE A QUERY OR COMPLAINT
   1. If you have a query or complaint around the contents of any Check Results, or in relation to Vehicle Check, you can contact us at vehicle.check@autotrader.co.uk
7. WE DO NOT PROVIDE ANY WARRANTIES OR GUARANTEES
   1. We make every effort to ensure that the Vehicle Check service we provide on our Platform is provided with skill and care. However, we cannot provide any warranties or guarantees that Vehicle Check will be available at all times, or in respect of every vehicle, or that Vehicle Check is free of errors.
   2. We make every effort to ensure that the information provided to you as part of the Check Results for a completed Check contain information that has been obtained from appropriate third-party sources. However, because the Check Results are comprised of information which we gather from multiple sources (which may sometimes include private sellers), we cannot provide any guarantees, promises or warranties that the information contained in Check Results is accurate, correct and complete.
   3. However, we do provide a Data Guarantee in relation to the Check Results, which means that if certain of the information that is provided in the Check Results is inaccurate, incorrect or incomplete, you may be entitled to make a claim under the Data Guarantee.
   4. Apart from the Data Guarantee we do not give any guarantees, promises or warranties of any nature (either expressly or impliedly), apart from those warranties which cannot be excluded under applicable law.
8. OUR LIABILITY TO YOU
   1. If you think you have suffered a loss as a result of information in the Check Results being incorrect or incomplete, you may be entitled to make a claim under the Data Guarantee. See paragraph 11 for more details.
   2. Except as set out in paragraph 8(1), we are not liable to you for:
      1. any unavailability of Vehicle Check, or any errors in or disruption to Vehicle Check;
      2. any exclusions set out in these Terms, the Data Guarantee Terms or the Schedule of Losses (as set out in Appendix A to the Data Guarantee Terms);
      3. any events or circumstances which are beyond our reasonable control (meaning things that we didn’t expect would happen, that we have no control over and which cause disruption to Vehicle Check or these Terms), for example adverse weather conditions, natural disasters, war or terrorism, severe outages affecting utilities or communications, unexpected events, government actions or something else;
      4. any loss or damage suffered by you which is sufficiently unexpected that a reasonable person wouldn’t have identified it as a risk (at the time of entering into these Terms) which could cause loss or damage under these Terms; and
      5. any loss or damage which is not covered by the Data Guarantee.
   3. Our total liability to you under these Terms and generally in relation to Vehicle Check is limited to the price you paid for the Check. However, this does not include the amounts set out in the Schedule of Losses (if the Data Guarantee applies) and does not affect the terms of paragraph 8(2).
   4. Despite the other terms in this paragraph 8 (or any other provisions included in these Terms), nothing in these Terms will exclude or limit our liability to you for anything which cannot legally be excluded or limited by us under applicable law.
9. WHAT IS THE DATA GUARANTEE?
   1. As part of Vehicle Check, we provide the Data Guarantee to you if you have completed a Check in respect of a Vehicle. The Data Guarantee is provided subject to these Terms, the Data Guarantee Terms and the Schedule of Losses.
   2. The Data Guarantee is valid for 24 months from the date of the Check Results. You are only eligible to claim under the Data Guarantee in respect of Checks which are carried out by you prior to the purchase of a Vehicle to which such Data Guarantee is intended to cover. Please see the Data Guarantee Terms set out in the Schedule below for further details.
   3. If you do not comply with these Terms or the Data Guarantee Terms, you may not be able to rely on the Data Guarantee. In particular we draw your attention to your responsibilities set out in paragraph 4.
   4. We may need to disclose to third party data providers some relevant information which confirms your identity in order to enable us to verify your claim in respect of the Data Guarantee. We are disclosing that information to third party data providers only for the purpose of determining whether you can benefit from the Data Guarantee by checking that your claim is properly verified, and we will only disclose such relevant information if it is requested for verification of the claim, and we shall make sure that the third party data providers are under a contractual obligation to comply with all applicable law in respect of the processing and storage of such information. If you do not wish such relevant information to be disclosed for these purposes you should inform us of this, but please be aware that by doing so it may affect our ability to investigate any claim under the Data Guarantee. Please see our Privacy Notice for further information.
10. HOW TO REGISTER THE VIN
    1. Before you purchase a vehicle, you will need to register the VIN with us in order for that Check to qualify for the Data Guarantee (unless the circumstances in paragraph 10(2) apply). You can do this by following the link in the email we send you after you have completed a Check.
    2. The only exception to this is where you purchase the Vehicle via the ‘buy the vehicle online’ function on the Platform, and the Vehicle is delivered to you, and as a result you have been unable to confirm the VIN prior to purchasing the Vehicle. In these circumstances you must register the VIN within 24 hours of the Vehicle being delivered to you, and you must obtain a date and time stamped delivery receipt for these purposes.
    3. If you do not register the VIN, you will not be able to make a claim under the Data Guarantee. You have 30 days from date you complete the Check to register the VIN with us, but you must register the VIN before you purchase the vehicle (unless paragraph 10(2) applies).
11. HOW TO MAKE A CLAIM UNDER THE DATA GUARANTEE
    1. You may only make a claim under the Data Guarantee if you have registered the VIN of the Vehicle for the Check in accordance with paragraph 10.
    2. The Data Guarantee provided to you is based on the information you provided to us. You must ensure that any information you provide us is complete and accurate, and you must tell us any information that may influence our decision to accept and pay a valid claim. If you fail to tell us important information that is relevant to your claim it may invalidate your Data Guarantee and could result in the claim not being paid.
    3. You should be aware that the Data Guarantee only guarantees you in relation to the specific data items provided to you as part of a Check Results. You will need to make your own enquiries to assess any other relevant information which is not included in the Check Results, for example the physical condition of the vehicle and that it is safe and legal for you to drive any vehicle you purchase.

SCHEDULE

Dated: 2nd April 2024

Please read these Terms and Conditions for the Data Guarantee (the “Data Guarantee Terms”) carefully as they contain important information about the relationship between Auto Trader Limited (“Auto Trader”, “we”, “us”or “our”) and you (“you”,“your” or “Customer”) in relation to the Data Guarantee which is provided as part of Vehicle Check.

These Data Guarantee Terms should be read by you alongside the Vehicle Check Terms & Conditions, because the Vehicle Check Terms & Conditions form part these Data Guarantee Terms by reference.

Any terms which are defined in the Vehicle Check Terms & Conditions shall have the same meaning in these Data Guarantee Terms provided that, should a term be defined in both the Vehicle Check Terms & Conditions and these Data Guarantee Terms, the meaning of the term defined in these Data Guarantee Terms shall have precedence in relation to the Data Guarantee Terms.

1. Definitions

   1. In these Data Guarantee Terms the following terms have the following meanings:

      “Export” means where DVLA records show that a vehicle had been exported outside the UK at the time the Check was completed;

      “Import” means a vehicle has been used outside of the UK before its first registration with the DVLA;

      “Market Value” means the average value for a vehicle of the same type, age and mileage in average condition in a comparative market calculated in accordance with Auto Trader’s valuations tool (where a valuation is available, or if not available another trade value source as determined by Auto Trader in its discretion) on or around the date the vehicle was purchased (or such other time as set out in the Schedule of Losses for the relevant issue);

      “Schedule of Losses” means the table which sets out the potential issues against which you can claim under the Data Guarantee, and the amounts that can be claimed under the Data Guarantee, as set out in Appendix A of these Data Guarantee Terms; and

      “UK” means the United Kingdom (which includes Northern Ireland, but does not include Jersey, Guernsey or the Isle of Man.

2. What is the Data Guarantee?
   1. The Data Guarantee is provided to you as part of Vehicle Check in relation to all valid and complete Checks you make on the Auto Trader Platform. We do not have to provide you with the Data Guarantee if you use Vehicle Check in breach of the Vehicle Check Terms & Conditions or these Data Guarantee Terms.
   2. Before you purchase the Vehicle, you will need to register the VIN for the Vehicle in order to benefit from the Data Guarantee (unless paragraph 10(2) of the Vehicle Check Terms & Conditions applies). You can do this by following the steps set out in paragraph 10 of the Vehicle Check Terms & Conditions.
3. Can you claim under the Data Guarantee?
   1. The Data Guarantee only applies in respect of a fully completed Check for a Vehicle which you carried out prior to purchase of that Vehicle, in respect of the specific data issues set out in the Schedule of Losses, which relate to the provenance of that particular Vehicle and for no other losses, liability, costs or expenses.
   2. The Schedule of Losses sets out the maximum limits for any claim under the Data Guarantee. You can bring a claim under the Data Guarantee at any time up to 24 months from the date on which the Check was completed. Claims outside this period will be invalid.
   3. To be eligible for a claim under the Data Guarantee you must have completed a Check for a Vehicle and subsequently purchased the Vehicle to which the Check related.
   4. We also specifically draw your attention to the following:
      1. claims submitted 24 months or more after the date on which the Check was completed will be invalid;
      2. for each issue set out in the Schedule of Losses, there will be a maximum amount which you can claim, meaning that even if your losses exceed the amount stated, you will only be able to claim up to the maximum amount;
      3. we will validate any price you paid for the Vehicle using our own valuations data, (taking into account the market in which you purchased the Vehicle) and your claim may be adjusted as a result of this;
      4. in the event that you make a claim for more than one issue in the Schedule of Losses, if more than one claim is valid you will receive the amount set out for each claim in the Schedule of Losses subject to the maximum for each issue and an overall aggregate maximum amount which is the lower of £30,000 and the Market Value of the vehicle;
      5. there may also be some specific exceptions, exclusions or limitations, which are set out in the ‘What else do you need to be aware of?’ section for each issue in the Schedule of Losses; and
      6. paragraph 5 of these Data Guarantee Terms also set out further exclusions you should be aware of.
4. What you need to do
   1. During the course of using Vehicle Check and/or when making a claim under the Data Guarantee, you warrant and represent to us that:
      1. any and all information you provide is up to date, accurate and complete in all respects;
      2. you shall promptly disclose to us any fact which is relevant to the claim, the Vehicle (including its value) and any evidence relevant to the issue under the Data Guarantee including anything which it would be reasonable for you to expect us to want to know about when reviewing (including accepting, assessing or paying) a claim under the Data Guarantee;
      3. you must promptly inform us if any of the exclusions set out in paragraph 5 of these Data Guarantee Terms, or elsewhere in these Data Guarantee Terms or the Schedule of Losses apply; and
      4. you will co-operate with us and provide any information which we reasonably request in reviewing a claim under the Data Guarantee or otherwise to comply with our obligations under these Data Guarantee Terms or the Vehicle Check Terms & Conditions, at your own cost.
   2. We reserve the right to refuse any claim, including those which would otherwise be eligible for payment under the Data Guarantee, in the event that you are in breach of any of the warranties and representations in paragraph 4(1).
5. What is NOT covered by the Data Guarantee

   We will not make any payment under the Data Guarantee (or we may reduce the payment by an appropriate amount, as determined in our reasonable discretion) in the following circumstances:

   a	You did not register the VIN	You can only make a claim under the Data Guarantee if you have first registered the VIN of the Vehicle with us prior to the Vehicle being purchased by you (unless paragraph 10(2) of the Vehicle Check Terms & Conditions applies).
   b	You try and claim for losses which are not in scope	If you try and claim for any losses which are not clearly detailed in the Schedule of Losses including (but not limited to) losses, liability, costs or expenses relating to: • the vehicle's physical condition, or its specification or dimensions; • the vehicle's value or valuation; • the vehicle's fuel consumption; • the suitability of the vehicle for your purposes; • any legal fees or expenses; or • any administration fees or travel/transport costs.
   c	The issue occurred after the Check was completed	If the issue (or any losses arising from the issue) occurred after the Check was completed.
   d	Your claim is outside the claim period	If your claim is received by us more than 24 months after the relevant Check was completed.
   e	The vehicle was purchased outside the UK	If you purchased the Vehicle from any location outside of the UK.
   f	You purchased the vehicle before the Check	If you completed the Check after you purchased the Vehicle.
   g	You already knew about the issue	You purchased the Vehicle already being aware (in whole or in part) of: • any of the Issues set out in the Schedule of Losses in relation to which you are making a claim; • any circumstances giving rise, or contributing to, the Issue which would lead to a claim under the Data Guarantee; or • any information which should have put you on notice that the Vehicle should not have been purchased.
   h	You failed to provide information or evidence	If you fail to provide any information or evidence relating to the Vehicle, the Check or your claim under the Data Guarantee upon our reasonable request.
   i	You made a large cash payment	If you made cash payments for the vehicle exceeding £5,000 or 10% of the purchase price of the Vehicle (whichever is the higher).
   j	Your purchase was below market value	If you purchase the Vehicle for a purchase price of 30% or more below the Market Value and you are unable to provide a valid reason for such purchase under Market Value (to our reasonable satisfaction, and in our sole discretion).
   k	You provided incorrect or incomplete information	If the information you provide to us when carrying out a Check and/or when making a claim under the Data Guarantee is incorrect or incomplete in any aspect (whether provided deliberately or in error).
   l	Your vehicle is ineligible	If the claim is in respect of a vehicle not covered by the Data Guarantee, meaning vehicles other than cars, vans, motorbikes, motorhome and trucks (for example, agricultural vehicles and plant machinery are ineligible).
   m	Your vehicle is unregistered	If the claim is in respect of a Vehicle which is not registered with the DVLA in the UK when the Check is completed (and the Vehicle doesn’t have a valid V5C), or if the Vehicle bears a VRM with the prefix or suffix letter Q.
   n	Your claim relates to a false VRM / VIN	If the claim is in respect of a Vehicle which has a false VRM and/or VIN.
   o	The issue is a pre-registration issue	If the claim relates to any issue which arose or occurred prior to the Vehicle's first registration with the DVLA.
   p	Your claim is misleading, false or fraudulent	If the claim is found to be misleading, false or fraudulent in any respect or the Check was made on behalf of a third party (as determined in accordance with our reasonable satisfaction, and in our sole discretion).
   q	You do not allow an inspection	If you fail to allow us, or any representative nominated by us, to inspect the Vehicle upon request.
   r	You failed to try and reduce your losses	If you do not take reasonable steps to try to avoid, reduce, minimise or mitigate your losses.
   s	You failed to make other appropriate checks	If you, when purchasing the Vehicle, failed to make appropriate checks that we would reasonably expect of a competent purchaser of a vehicle. Examples of circumstances that may indicate that you have failed to act in this manner may include (but is not limited to): • You purchased the Vehicle without having confirmed prior to the purchase that: - the VIN displayed in the Check Results matched the V5C and the VIN displayed on the Vehicle; - the VRM and other details provided in the Check Results were consistent with those of the Vehicle; - the identity of the seller of the Vehicle was the same person as the current keeper recorded on the V5C; or - the Vehicle had a valid MOT certificate (where it was compulsory for the vehicle to have one). • If the Check Results referenced outstanding finance, you have failed to contact the relevant finance company to verify the type and detail of finance referred to.

6. How you can make a claim

If you think you are eligible to claim under the Data Guarantee you can contact us at vehicle.check@autotrader.co.uk

APPENDIX A: SCHEDULE OF LOSSES