AAA Emergency Road Service is an exclusive beneﬁt provided to AAA Members. It is designed to get Members back on the road as quickly as possible.
AAA Membership provides each Member up to an aggregate of four (4) total Emergency Road Services per Membership year (see additional terms and conditions below).
AAA Emergency Road Service coverage includes the following services:
Mobile Battery Service For vehicles that will not start, AAA road service technicians may provide certain battery services, such as testing of the battery or the vehicle starting and charging systems or attempting to jump-start the battery. Members may purchase a AAA-branded battery, which the technician will install for the Member (some labor-intensive installations may require additional charges). Due to safety concerns, the installation may be at a nearby location rather than the original service site. Service hours and battery availability varies by location. Battery charging is not covered by AAA Emergency Road Service.
Tire Change AAA road service technicians will assist Members in installing spare tires. If an inﬂated spare is not available or the existing spare is deemed unsafe by the technician, the Member may elect to have the vehicle towed (subject to the towing terms and conditions below). Tire repair is not covered by AAA Emergency Road Service.
Fuel Delivery AAA road service technicians will provide free delivery of enough fuel to get the Member to the nearest service station. Requests for diesel fuel must be made during a Member’s call for service; diesel may not be available in all locations. AAA Classic Members will be charged for fuel at the market rate. AAA Plus®, AAA Plus® RV and AAA Premier® Members will receive fuel at no charge.
Lockout/Locksmith Service AAA service technicians are available to provide lockout/locksmith services for Member vehicles. Members are covered for locksmith services or reimbursement for parts and labor as detailed below. If the technician is unable to open the vehicle or the Member has lost or broken the key, the Member may elect to have the vehicle towed (subject to the towing terms and conditions). Locksmith services may not be available in all locations.
Members must provide a valid AAA Membership card and matching photo identification for all lockout services. The registered owner of the vehicle must be present for a locksmith to make a replacement key. If the locksmith service is unavailable, Members can apply for reimbursement up to the stated coverage amount.*AAA Premier Members are also entitled to Home Lockout Service. Home Lockout Service is available only for the residence on ﬁle for the primary AAA Premier Member and applies only to locks that provide access in and out of such residence. AAA will not reimburse for Home Lockout Service if it is used to change locks for any reason other than lost keys (including but not limited to domestic disputes and security concerns).
Vehicle Assessment Services AAA roadside technicians may also perform checks of connections and ﬂuids and other vehicle assessments. Any services are provided “as is” without any warranty, guarantee or representation, express or implied, of any kind, and may be temporary in nature. Members should have all vehicles inspected and serviced properly.
Towing If a Member’s vehicle cannot be started or driven safely, AAA may provide tow services to a destination as described below. There is a limit of one tow per breakdown incident.
AAA Plus AAA Plus RV
Towing to the nearest AAA Approved Auto Repair facility
Towing to a AAA Independent Contract Station
Miles of towing from point of breakdown (measured in miles driven)
One tow up to 200 miles*; three tows up to 100 miles
* The one tow for up to 200 miles is limited to one tow per Membership year per household.
Members will be responsible for the payment of additional costs and expenses of tows that are in excess of the distances or allotments as specified above. These will be charged at the then-current rates of the Service Provider for that area, and must be paid to the Service Provider at the time of service.
Tow services include tows to the nearest repair facility or the responding Service Provider’s repair facility (if applicable) to the extent such facility is located within the allotted mileage range
Repair Facilities If a Member’s vehicle is not operable after the services rendered by a AAA road service technician, AAA may assist the Member in locating a nearby repair facility, which may include AAA Approved Auto Repair (AAR) facilities, which are repair shops that have been inspected and certiﬁed by AAA. All costs associated with repair services, lodging or alternative transportation are at Member’s expense.
Additional AAA Premier Membership Beneﬁts In addition to the AAA Emergency Road Service beneﬁts described above, AAA Premier Members are further entitled to:
Auto Repair Hotline - AAA Premier Members have access to a hotline for advice on auto repairs, second opinions on repair estimates and referrals to repair facilities. The phone number to access the AAA Premier Auto Repair Hotline is found on the AAA Premier Membership Card. Hours of operation may vary; please call for more information.
Complimentary Car Rental for Towed Vehicles - AAA Premier provides one free day of car rental (up to a full-size vehicle) in conjunction with a non-collision tow. Fuel and service charges are at Member’s expense. Some restrictions may apply. This beneﬁt is available only if a AAA Premier Member calls the dedicated phone number listed on the AAA Premier Membership Card; this beneﬁt cannot be accessed through the rental car company directly. Car rentals are subject to certain terms and conditions of the rental car company. The car must be rented within 48 hours of the tow service, and the rented car must be returned to the location of initial rental. The AAA Premier Member will be responsible for paying any additional charges to the rental car company, including additional rental days not covered by this beneﬁt or any one-way rental. Taxes, fees and optional service charges, such as refueling, are not subject to discount and are the responsibility of the AAA Premier Member. Coupons or other promotions may not apply. Rentals are available at participating locations in the United States or Canada.
The Membership must be active and the Member must be current on dues and any other fees owed. A valid AAA Membership card and matching photo identification are required to receive all AAA Emergency Road Services. Members without proof of Membership or identification may be charged for the service.
Certain restrictions apply to all services, including the availability of services in all locations. Unless as otherwise specified, the terms and conditions apply to each Membership year.
Safety of AAA Members and AAA road service technicians is important to AAA. The technician may assess the situation for safety, which may impact how or if certain services will be available for each situation. AAA reserves the right to provide only such services as is deemed safe and within the normal course of servicing, including but not limited to using ordinary servicing equipment and servicing vehicles that have not been loaded, altered from their original manufacture or custom manufactured in a manner that interferes with the safe and legal rendering of service.
AAA Emergency Road Service is provided to help our Members get back on the road. All vehicles to be serviced must be registered for highway or street use to be eligible for services. Vehicles that are untagged, uninsured or not otherwise legally drivable (other than vehicles involved in an accident that renders it un-drivable) will not be eligible for services. AAA Emergency Road Service will not be rendered if services are used as a substitute for regular maintenance. Tows will not be provided for moving a vehicle from one residence to another (unless directly related to the repair of such vehicle) or from a road to a driveway. Fuel delivery is available only for vehicles that are out of fuel. Vehicles will not be towed to/from a salvage yard. Service will not be provided for the purpose of transporting vehicles in connection with a purchase, sale, auction, car show exhibition, donation, or relocation or similar situation. Dismantled, stored or abandoned vehicles or those purchased in an inoperable condition will not be eligible for service. Tows are provided from impound lots provided that the Member’s car is unable to be driven and otherwise fit for towing, and the Member pays all impound fees
Additionally, services are not provided to: unattended vehicles, unless the Member is unable to remain with the vehicle due to injury or safety reasons; vehicles that are on inaccessible or barricaded areas (including but not limited to yards, beaches, fields); vehicles unlawfully driven beyond chain controls areas or other areas that is dangerous or inadvisable for travel. Also, there may be “force majeure” events that may directly or indirectly delay, hinder or prevent AAA or our Service Providers from performing services for our Members, which includes fire, flood, earthquake, elements of nature, acts of war, terrorism, riots, civil disorders or other events that are not within the reasonable control of AAA, and AAA is not obligated to perform services in the event of such force majeure event.
Members are responsible for any fees for services that are not covered by the stated coverages under the Membership; Service Providers may provide such services on a fee-for-service basis. For certain covered services, Members may need to pay the technician (at the time of service) and submit for reimbursement. Forms of accepted payment may differ depending on the Service Provider, which may include limits on the amounts for a personal check.
AAA reserves the right to seek reimbursement, including any reasonable administrative or processing fees, from Members for any services provided for which the Member was not eligible or entitled, or for which Member was obligated to pay at time of service, including not sufficient funds (NSF) checks.
AAA may use independent Service Providers to provide Emergency Road Service to our Members. While AAA and the Service Providers strive to provide prompt and efficient service at all times, note that:
AAA Classic Members are eligible for Emergency Road Service from one truck. If the AAA road service technician determines additional equipment is required before or while providing service, the Member will be responsible for the expense of the second truck or additional equipment.
AAA Plus, AAA Plus RV and AAA Premier Members are eligible for Emergency Road Service for up to two trucks without additional cost to the Member.
Vehicles Eligible for Emergency Road Service
Taxicabs, limousines, shuttles and vehicles used for fee-based car or ride sharing (excluding passenger vehicles being rented by a Member for the Member’s personal use) and other vehicles for hire are not eligible for AAA Emergency Road Service.
AAA Classic and Plus Members: Certain four-wheeled motor-driven vehicles of the passenger or pleasure type may be eligible for services, subject to standard servicing restrictions. Dual-wheel campers and motor homes may be eligible only for lockout/locksmith and fuel delivery services.Tent and camping trailers may also be eligible for tow services, provided that the Member will be required to pay the Service Provider directly at the time of service for the towing of the trailer.For clarity, the following vehicles are not classiﬁed as dual-wheel campers, motor homes or tent and camping trailers that would be eligible for Emergency Road Service services under a Classic or Plus Membership: ﬁfth-wheeled trailer; boat and jet ski trailers; horse and livestock trailers; car, ATV and snowmobile trailers; utility and non-recreational trailers. Dual-wheel unloaded pickup trucks are eligible for all AAA Emergency Road Service services except tire change services, subject to weight and vehicle length restrictions.AAA Plus RV Members:
In addition to the vehicles speciﬁed for AAA Classic and Plus Members, Plus RV Members are also eligible for the following:
To the extent that a Member with RV coverage (a) requests RV services from outside of such Member's home club's territory state(s) and (b) such RV services are not available in that area through AAA, the Member may submit for reimbursement to the extent that such services are covered by the Member's Membership. Any reimbursements will be calculated at then-current commercial rate for the territory of service.
Premier Membership: In addition to the vehicles speciﬁed for AAA Classic and Plus Members, Premier Members are also eligible for the following:
Assistance for Members with Disabilities AAA tow and ﬂatbed vehicle are equipped with footholds and grab handles for the convenience of Members with disabilities. Each tow and ﬂatbed vehicle is equipped with a portable step stool. Note that AAA tow and ﬂatbed vehicles may not be accessible for Members using wheelchairs or scooters. AAA is committed to ensure that Members are provided with alternative accessible transportation services where necessary and appropriate.
When calling AAA Emergency Road Service, a Member will be provided the option to opt-in to allow AAA to identify the Member’s location for purposes of dispatching services.
Sharing of Information Member location information may be shared with the appropriate authorized service provider(s) to assist and may be viewed by other AAA authorized personnel who are responsible for ensuring service delivery.
Membership Eligibility Primary Members must be at least 18 years old. One (1) Primary Member is allowed per Membership account. One (1) Spouse or Resident Adult is allowed per Membership account. A Primary Member may add up to one (1) Associate Member and seven (7) Dependent Associate Members. An Associate Member is another adult person (which can be a spouse) sharing the same residence as one on ﬁle for the Primary Member. A Dependent Associate Member is an unmarried child or legal ward of the Primary Member, having the same residence as the one on ﬁle for the Primary Member (provided that this residency requirement does not apply to a Dependent Associate Member who is away at school). All applications for, and renewals of, Membership are subject to acceptance by AAA.
AAA Emergency Road Service Benefit Effective Period AAA Emergency Road Service beneﬁts become effective 48 hours after purchasing a new Primary Membership. For new Memberships only, the 48-hour waiting period may be waived if the Member (either a Primary or Associate) elects to pay a one-time fee. Upon payment, such Member is entitled to one-time services only at the Classic Membership level.
Members who upgrade their Membership can use their upgraded beneﬁts 48 hours after upgrading.
Membership Renewal Policy We will send you a renewal notice before your Membership expires, and your renewal dues are payable on the day your Membership expires. Upon expiration, Members are granted a “Temporary Waiver Period” up to 90 days, during which time you can pay your renewal fee and maintain your original Membership inception year and renewal date. During this Temporary Waiver Period, we will continue to make Membership services available to you. However, if you request Emergency Road Service during this Temporary Waiver Period, then you are obligated to pay your outstanding renewal fee at the time of such service. If you pay the renewal fee within the Temporary Waiver Period, your Membership will continue uninterrupted and no additional fees will apply.
You must notify us if you’d like to cancel your Membership. If you elect to cancel your Membership, or let it lapse at the end of the Temporary Waiver Period, your Membership will be deemed terminated as of such date. If you later decide to rejoin the Club, you will need to purchase a new Membership, and that Membership will have a new inception year and renewal date as of the new purchase date. If you renew your Membership after the Temporary Waiver Period, AAA Emergency Road Service beneﬁts become effective 48 hours after the purchase of your new Membership, and all other terms and conditions applicable to a new Membership will apply.
If, at any time during your Membership, you provide notice that AAA not send you any postal mail marketing, such preference will be held in our records for ﬁve (5) years. However, if you terminate your Membership and then later sign up for a new Membership, such preferences will automatically revert to allow postal mail marketing. Notwithstanding anything to the contrary, you agree to allow us to contact you by postal mail, electronic mail or telephone regarding matters relating to your Membership status, including the expiration or termination of such Membership.
Cancellation Policy AAA reserves the right to cancel or downgrade Memberships for the following reasons:
Refund Policy To the extent allowable by law, Members will not be entitled for a refund if:
Refunds may take up to 30 days to process.
California and Utah residents must have at least one (1) Member named on the policy in order to purchase AAA Auto and/or Home Insurance. In Nevada and Utah, AAA will renew an insurance policy even if your Membership is cancelled, but we will remove the AAA Member discount applied to the premium. In Nevada, the insured will lose any Member loyalty credits.
Reimbursement Policy If AAA service is not available in an area at the time you request service, we will reimburse you for covered services at the usual and customary rate paid by AAA for similar services for the region. If you pay for service within our territory because you do not have your Membership Card with you, or because you do not obtain service from a AAA Service Provider, we will reimburse you for the amount a AAA Service Provider would have charged AAA to provide the service (which may be less than the amount you paid for service) upon submission of a receipt in your name. If a covered service cannot be provided because the AAA Service Provider’s access is restricted (e.g., toll roads, limited-access highway), reimbursement will be limited to the cost of towing the vehicle to the nearest exit or responding garage. Emergency Road Service claims must be submitted within 60 days of the service date.
Reimbursement is not provided for:
Download a reimbursement request form for locksmith, windshield, parts and labor, towing and more. You can also call 800-272-2877 to speak with a Member Service Center Representative or write to:
AAA Automotive Services P.O. Box 24502 Oakland, CA 94623-2222
Windshield Repair/Replacement Reimbursement AAA Premier Members are eligible for reimbursement of up to $50 one (1) time per Membership year for out-of-pocket expenses to repair or replace a damaged windshield. To receive this reimbursement, you must submit the original receipt or proof of payment along with a completed reimbursement form.
Check Guarantee Policy AAA will guarantee Members’ personal checks for up to $250 only when a valid AAA Membership Card is presented at the time of service. The Check Guarantee Policy applies to:
AAA will not guarantee checks for bodywork and/or routine maintenance.
Valid credit cards and debit cards are generally accepted as payment for services.
Auto-Renewal of Memberships If a Member authorizes AAA to automatically renew the Membership, the Member is agreeing that: (1) such Member is the authorized user of the payment method selected; (2) such Member authorizes AAA to initiate charges to the Member’s credit card or debits to the Member’s bank account/debit card automatically (an automatic payment) (a) each year to pay the Member’s renewal dues, (b) for a $10 fee imposed by AAA for any automatic payment that is rejected by the Member’s bank for insufficient funds, the Member’s account being closed or otherwise (the Member’s bank may also impose a fee for a rejected payment); (3) the Member’s authorization will remain in effect until the Member revokes it as provided below; (4) the amount of the renewal dues may change from time to time in AAA’s discretion, and will be included on a billing statement or other notice sent to the Member before the date on which the dues will be charged or debited; (5) AAA can cancel the Member’s authorization or change these terms upon 30 days’ notice; (6) AAA is authorized to obtain updated or replacement expiration dates and card numbers for the Member’s credit or debit card as provided by the Member’s credit or debit card issuer; and (7) AAA may process the charge for your renewal dues on or prior to the date the Member’s annual Membership period is set to renew.
Members may revoke auto-renewal of Membership online at www.aaa.com, by calling 800-922-8228, or by visiting a AAA branch (please allow up to 10 days to process your cancellation).
AAA also provides disabled bicycle transportation service to all Membership levels. Bicycle coverage applies to the bicycle ridden by the Member at the time the bicycle becomes disabled. Benefits for bicycle service do not include:
Who is eligible for coverage? All Primary, Honorary or Complimentary AAA Northern California, Nevada & Utah Members with “AAA Premier” or with “AAA Plus” and Associate Members whose Memberships were issued therewith, are eligible for the Travel Emergency Services insurance and assistance coverage (the "Policy") as summarized in this Section 3 (the "Summary of Coverage"). Eligible Members do not need to purchase travel through the AAA Travel Agency to be entitled for Travel Emergency Services. Such persons for whom premium has been paid by AAA are considered “Insured Persons” under the Policy.
Where does coverage apply? With respect to Emergency Medical Transportation, the Policy territory will be anywhere within the continental United States, Mexico, and Canada outside of a 100-mile radius from the Insured Person’s primary residence. With respect to Trip Interruption/Delay, Baggage/Personal Effects and Motor Vehicle Return, the Policy territory will be outside of a 100-mile radius from the Insured Person’s primary residence but within the continental United States, Mexico, and Canada.
When does this coverage start and end? Coverage for an Insured Person will take effect on the date such person becomes a member of an eligible class of persons as described above in “Who is eligible for coverage?” provided that the Policy is in force and the required premium has been paid by AAA.
Coverage for an Insured Person under this Policy will immediately terminate on the earliest of the following dates: (1) the premium due date next following the date the Policy is terminated; (2) the premium due date if the required premium payment is not made when due (subject to the Grace Period provided), except as a result of Clerical Error; (3) the premium due date next following the date the Insured Person ceases to be a member of an eligible class of persons as described in the Classiﬁcation of Eligible Persons section of the Policy.
Termination of coverage will not affect a claim for a loss that occurs while the Insured Person’s coverage was in force under this Policy. This is only a Summary of Coverage provided under the Policy. The Policy contains limitations, exclusions and termination provisions. In the event of any conﬂict between this Summary of Coverage and the Policy, the Policy will govern all cases. Coverage is not available in all states. Please be advised: This optional coverage may duplicate coverage already provided by your personal auto insurance policy, homeowner’s insurance policy, personal liability insurance policy or other source of coverage.
AAA Plus Members AAA Plus RV Members
up to $25,000 per Occurrence
Trip Interruption/Delay Baggage/Personal Effects a) overnight shipping b) cost of personal effects
up to $750 per Occurrence*** a) up to $250 per documented theft b) up to $250 per documented theft
up to $1500 per Occurrence** a) up to $500 per documented theft b) up to $500 per documented theft
*AGA Service Company is the administrator of the Policy
**Insurance coverage is underwritten by BCS Insurance Company under a Form No. Policy 53.205 (0115). Allianz Global Assistance is the licensed producer and administrator for this plan.
***Coverage is underwritten by AAA of Northern California, Nevada & Utah. AGA Service Company is the licensed producer and administrator of this Policy.
Coverage applies to You and any Covered Traveler during each Eligible Trip within the Policy Territory, up to the limit specified in the Schedule of Benefits.
The insurance provided for this benefit shall be in excess of all other valid and collectible insurance or indemnity.
What is Covered We will provide benefits, up to the limit specified in the Schedule of Benefits (total for all covered services described below), for the cost of:
1. Moving You or a Covered Traveler to a Hospital or medical clinic (Emergency Medical Transportation): If You or a Covered Traveler is seriously ill or Injured during the Eligible Trip and Our medical team determines that the local medical facilities are unable to provide appropriate medical treatment:
2. Getting You or a Covered Traveler home after care (medical repatriation):
If You or a Covered Traveler is seriously ill or injured during the Eligible Trip, then once Our medical team determines that the person is medically stable to return home via commercial transportation carrier, such as a scheduled passenger airline, We will:
Arrange and pay (less any refunds for unused tickets) for the person to be transported to one of the following:
Arrange and pay for a Medical Escort if Our medical team determines a Medical Escort is necessary.
3. Bringing a friend or Family Member to stay with You or a Covered Traveler (transport to bedside):
If You or a Covered Traveler is told they will be hospitalized for more than seven days during the Eligible Trip, We will arrange and pay for round-trip transportation in economy class on a Common Carrier for a friend or Family Member to stay with the person.
Getting Your or a Covered Traveler’s children home (return of dependents). If You or a Covered Traveler is told they will be hospitalized for more than seven days during the Eligible Trip, We will arrange and pay (less any refunds for unused tickets) to transport the person’s children under the age of 23 who are traveling with them to one of the following:
For medical repatriation and return of dependents, Transportation will be on a Common Carrier in the same class of service they were originally booked.
Conditions of Coverage You, the Covered Traveler, or their representative must contact Us and We must make all transportation arrangements in advance. We will not pay for any of the services listed in this section if We did not authorize and arrange it.
Other Insurance If at the time of the occurrence of any loss or damage covered by this insurance there is valid and collectible insurance, indemnity or warranty in place, We shall be liable only for the excess of the amount of such loss or damage over the amount of such other insurance, indemnity or warranty and for the amount of any applicable deductible, subject to the limits of liability as stated in the Schedule of Benefits. In no event shall this take precedence over any other “non-contribution” clauses found in other insurance, policies, indemnities or warranty language.
Coverage applies to the Insured Person and any Covered Traveler during each Eligible Trip within the Policy Territory, up to the limit specified in the Schedule of Benefits, when the Insured Person is traveling by Motor Vehicle, Rental Car, Common Carrier, or a combination of these.
What is Covered
Conditions of Coverage The following conditions apply to this coverage part:
Limitations of Coverage Only expenses incurred in the first ninety-six (96) hours from the initial interruption of the Eligible Trip are covered.
Coverage applies to the Insured Person and any Covered Traveler during each Eligible Trip within the Policy Territory, up to the limit specified in the Schedule of Benefits.
What is Covered The Company will provide benefits for Baggage that is lost, damaged or stolen, up to the limit specified in the Schedule of Benefits.
The benefit will provide payment for the value of the Baggage, which is equal to the lesser of:
Conditions of Coverage For this coverage part, the Insured Person or Covered Traveler must take reasonable steps to keep Baggage safe and intact; to recover it; and to notify the appropriate authorities within 24 hours of the covered loss.
Limitations of Coverage Coverage is not provided for any loss that results directly or indirectly from:
Property or losses not covered includes:
What are the General Provisions? This guide to benefits is not a policy or contract of insurance, but is your most complete source of information. Please be sure to keep it in a safe place.
All information in this document is subject to the terms and conditions of the Master Policy, a copy of which is in the possession of the Policyholder. The terms and conditions of the Master Policy agree with the terms outlined in this guide to benefits. However, features and benefits are subject to change without notice.
You agree to use diligence in doing all things reasonably prudent to avoid or diminish any loss. Allianz Global Assistance will not unreasonably apply this provision to avoid claims hereunder.
How to File a Claim: Please gather the information below if you have a covered loss during your Covered Travel as it will be requested when you file a claim upon returning home. All claims must be reported to Allianz Global Assistance within 30 days from the date of loss or as soon after that date as is reasonably possible.
Once you report a claim, the service associate will set up a claim file for you and send you a claim form. You must send written proof of loss, including any required information necessary to support the claim, to Allianz Global Assistance within 90 days from the date of loss, or as soon after that date as reasonably possible, and in no event, except in the absence of legal capacity, later than one year from the time.
Entire Contract; Changes. The entire contract is made up of the Policy, the Schedule of Benefits and the Policyholder’s Application, and any attached riders and endorsements.
Any change to the Policy must be: (1) made in writing; (2) signed by one of Our officers; and (3) attached to the Policy. No agent has authority to change the Policy or waive any of its provisions. Your consent is not needed to change the Policy.
Records. The Policyholder must maintain adequate records acceptable to Us and provide any information required by Us relating to this Insurance.
We will be permitted to examine and audit the records of the Policyholder that relate to the Policy at: (1) any time during the Policy term; and (2) within two years after the expiration of the Policy; or (3) until all claims have been settled or adjusted, whichever is later.
Clerical Error. If a clerical error is made, it will not affect Your coverage. An error will not continue Your coverage beyond the date coverage would end, if the error had not been made. After an error is found, We will take appropriate action. This may include adjusting, collecting or refunding premium.
Errors and Omissions. Clerical error or omission by Us to the Policyholder will not:
If the Policyholder gives Us information about an individual that is incorrect, We will:
New Entrants. All individuals added to an Eligible Class shown in the Schedule of Benefits are eligible for insurance under the Policy.
Representations. By accepting the Policy, the Policyholder agrees that:
We rely on statements made by the Policyholder in the Application. If there is no fraud, the Policyholder’s statements: (a) are considered representations and not warranties and (b) will not be used to void the Policy or reduce any claim. We will not contest the Policy after it has been in effect for 2 years, except for fraud.
False Claim. If You make any claim knowing it to be false or fraudulent under any Coverage Part or Assistance Service, that Coverage Part or Assistance Service will no longer apply to You and Your claims thereunder will be forfeited.
Action Against Company. No action at law or in equity may be brought to recover under the Policy until:
Due Diligence. You must use due diligence and concur in doing all things reasonably practicable to avoid or diminish any loss or damage to the property insured hereunder. We will not unreasonably apply this provision to avoid claims.
Benefits Provided for Insured Persons and Covered Travelers Only. The insurance provided by the Policy is solely for the benefit of the Insured Persons and Covered Travelers. No other person or entity will have any legal or equitable right, remedy or claim for coverages or damages under or arising from the Policy.
No Benefit to Bailee. This insurance will in no way inure directly or indirectly to the benefit of any carrier or other bailee.
Subrogation. If We become liable for any payment to You under the Policy for losses suffered, We will be subrogated, to the extent of such payment, to all of Your rights and remedies against any party with respect to such loss, and will be entitled at its own expense to sue in Your name. You agree to assist Us, as it may reasonably require, in preserving its rights against those responsible for such loss, including but not limited to, executing all documents necessary to enable Us to bring suit in Your name.
No Assignment of Coverages. Your coverages under the Policy may not be assigned or transferred by You, and any rights that may arise under the Policy (including any claims made, or that may be made) may not be assigned or transferred by You either by operation of law or by contract, without Our prior written consent. Assignment or transfer by You of the coverages under the Policy without such prior written consent will void all coverage as to the assignor/transferor and assignee/transferee under the Policy.
Claim Forms. We will furnish claim forms to You within 15 days of receipt of a notice of claim. If these forms are not furnished within 15 days, You will satisfy this requirement by sending Us written proof of loss. This proof should include information sufficient to identify the applicable Insured Person, the Policy number, and a description of both the occurrence and the nature and extent of the loss.
Time of Payment of Claims. We will pay the claim after receipt of acceptable proof of loss. Claims will be paid in accordance with the payment of claims provision.
Payment of Claims. All claims will be paid to You, if living; otherwise to Your estate. Any payment made in good faith will discharge Our liability to the extent of that payment.
Physical Examination. We, at Our own expense, have the right to have You examined as often as reasonably necessary while a claim is pending.
Accident – means an unexpected, unintended, unforeseeable event causing Injury or death to You or a Covered Traveler; or causing damage to the Motor Vehicle or Rental Car that prevents the vehicle from being driven.
Accommodations – means temporary lodging in an establishment licensed to provide temporary lodging to paying guests.
Actual Cash Value – means purchase price less depreciation.
Baggage – means the personal property You or a Covered Traveler takes on the Eligible Trip and the suitcases or other kinds of containers used to carry them.
Common Carrier – means a company that is licensed to carry passengers on land, water or in the air for a fee, not including car rental companies.
Covered Traveler – means a person who is an Immediate Family Member and is traveling with You.
Eligible Trip – means a Trip that:
Family Member – means the AAA Member’s spouse, civil union partner or domestic partner; children and stepchildren (including children who are or are in the process of becoming adopted); parents and stepparents; siblings; grandparents and grandchildren; in-laws (mother, father, son, daughter, brother, sister).
Hospital – means a provider that is a short-term, acute, general Hospital that:
Illness – means a sickness, infirmity or disease that causes a loss that begins during an Eligible Trip.
Immediate Family Member – means the AAA member’s spouse, civil union partner or domestic partner; children and stepchildren (including children who are or are in the process of becoming adopted) under the age of 21; parents, stepparents, siblings, grandparents, and grandchildren who reside with You.
Injury – means bodily injury caused by an Accident occurring during an Eligible Trip, and resulting directly and independently of all other causes in loss.
Insured Person – means a person:
An Insured Person may be Primary or Secondary. Primary Insured Person is a AAA member possessing the primary membership in a household. Secondary Insured Person is any AAA Member possessing an Associate membership in a household.
Mechanical Breakdown – means a mechanical issue that prevents the vehicle from being driven. Mechanical Breakdown does not include running out of gas, tire trouble or failure to perform routine maintenance.
Medical Escort – means a professional person contracted by Our medical team to accompany a seriously ill or injured person while they are being transported. A Medical Escort is trained to provide medical care to the person being transported. A friend or Family Member cannot be a Medical Escort.
Motor Vehicle – means a self-propelled private passenger vehicle that is a type both designed and required to be licensed for use on public roads. The term Motor Vehicle does not include:
If Your AAA Membership explicitly includes motorcycles, then motorcycles are included in the term Motor Vehicle in that situation.
Natural Disaster – means an event, including but not limited to wind storm, rain, snow, sleet, hail, lightning, dust or sand storm, earthquake, tornado, flood, volcanic eruption, wildfire or other similar event that:
Personal Effects – means items that are regularly worn or carried and can include keys, identification card, wallet, watch, clothing and toiletries.
Physician – means a licensed practitioner of the healing arts acting within the scope of their license. The attending physician may not be: (a) an Insured Person; (b) an Insured Person’s spouse, civil union partner or domestic partner; (c) a person booked to accompany an Insured Person on an Eligible Trip; or (d) a person who is related to an Insured Person, an Insured Person’s spouse, civil union partner or domestic partner, child, parent, or sibling.
Policy Territory – means outside of a 100-mile radius from Your Primary Residence, worldwide.
Policyholder – means the organization to whom the Policy was issued.
Primary Residence – means Your permanent and main home for legal and tax purposes. It does not include any secondary or vacation home or residence.
Rental Car – means Motor Vehicle that is rented by You and evidenced by a car rental agreement. The term Rental Car does not include:
Severe Weather – means
Trip – means a planned round-trip travel to and from a place at least 100 miles from Your Primary Residence. A trip does not include travel to receive health care or medical treatment of any kind, vehicle repairs, or commuting to and from work.
We, Us, Our – means, or refers to, BCS Insurance Company, including its authorized agents.
You, Your, Yours – means, or refers to, the Insured Person.
This Plan Covers AAA Northern California, Nevada & Utah Premier Members & Eligible Family Members with up to $300,000 when travel arrangements are made through your local AAA Travel Agency.
Coverage applies to You and any Covered Traveler during each Eligible Trip within the Policy Territory, up to the limit specified in the Schedule of Benefits (download here).
What is Covered
We will provide benefits, up to the limit specified in the Schedule of Benefits, in the event You or a Covered Traveler has a covered Accident resulting in:
If the Accident results in death, the benefit is equal to 100% of the specified limit.
If the Accident results in the loss of one eye, hand or foot, the benefit is equal to 50% of the specified limit.
If the Accident results in the loss of more than one eye, hand or foot, in any combination, the benefit is equal to 100% of the specified limit.
Benefits are payable for only one loss per person and are payable in a lump sum.
Conditions of Coverage
For this coverage part, the loss must be a direct result of the Accident and happen within 365 days of the Accident.
Change of Beneﬁciary
As a AAA Premier Member you and your eligible family members receive $300,000 of coverage provided by AAA Northern California, Nevada & Utah.
The Loss of Life beneﬁt will be paid to the beneﬁciary designated by the Insured. If no such designation has been made, that beneﬁt will be paid to the ﬁrst surviving beneﬁciary in the order stated in the Beneﬁciary Section of this brochure. If you wish to change beneﬁciaries, please contact your AAA Travel Agency.
This Travel Agency Travel Accident Plan underwritten by:
Federal Insurance Company, a member insurer of the Chubb Group of Insurance Companies, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615
We may amend these terms and conditions (“Terms”) from time to time. If we make material changes to these Terms, we will notify you by posting a prominent notice on the AAA website. Any changes to these Terms will be effective immediately for new Members; otherwise these changes will be effective upon thirty (30) calendar days following our posting of a notice on our Site. Continued possession or use of your Membership card following notice of such changes shall indicate your acknowledgment of, and agreement to be bound by, such changes. Except as otherwise provided in this Section, no amendment to these Terms will be valid.
TRAVEL ASSISTANCE CONCIERGE**
To obtain 24-Hour Worldwide Concierge Service inside the United States, call the toll-free phone number on the back of your membership card. Outside the United States, call collect using the phone number on the back of your membership card. As a AAA Premier Member, you have instant access to a host of travel services when traveling domestically or internationally. By calling the toll-free AAA Premier Travel Emergency Beneﬁts telephone number on the back of your AAA Premier Membership card, you can obtain information such as:
The Premier Membership includes access to concierge services, which are service beneﬁts, not ﬁnancial beneﬁts. Any costs associated with services are paid by the member. Services are available only during covered travel.
24-HOUR GLOBAL TRAVEL EMERGENCY ASSISTANCE*
To obtain Emergency Travel and Medical Assistance inside the United States, call the toll-free phone number on the back of your membership card.
As a AAA Premier Member, you can rest easy every time you are traveling domestically or on an international vacation. If you have an emergency while 100 miles or more from your primary residence – within the United States or internationally – you may call for Emergency Travel and Medical Assistance 24 hours a day, 365 days a year. Get help with:
The Premier Membership includes access to emergency assistance services, which are service beneﬁts, not ﬁnancial beneﬁts. Any costs associated with services are paid by the Member. Services are available during covered travel.
*AGA Service Company is the administrator of this plan.
**Insurance coverage is underwritten by BCS Insurance Company under a Form No. Policy 53.205 (0115). Allianz Global Assistance is the licensed producer and administrator for this plan.
Certain features or other promotions of the Services or Site, such as membership or insurance carrier services, may be subject to additional guidelines, terms, or rules. Our Membership Terms and Conditions can be viewed at www.aaa.com/memberterms . If you are a member who is visiting or using this Site, you agree to our Membership Terms and Conditions. Please note that products and services provided by your insurance carrier (for example, CSAA Insurance Exchange or its subsidiaries) are governed by separate terms and conditions that may be different than ours, as well as contracts between you and your insurance carrier.
We may revise these Terms from time to time. Each time changes are made they will be posted on our Site. Your continued use of our Site following the posting of any changes to these Terms constitutes your acceptance to these changes. If there is a material change to these Terms, AAA will provide you notice.
In order to use certain features of the Site (e.g., to use the Services), you must register for an account with AAA (“AAA Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. AAA may suspend or terminate your AAA Account in accordance with these Terms.
You are responsible for maintaining the confidentiality of your AAA Account login information and are fully responsible for all activities that occur under your AAA Account. You agree to immediately notify AAA of any unauthorized use, or suspected unauthorized use of your AAA Account or any other breach of security. AAA cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
The text, graphics, photographs, videos, sounds, music, logos, trademarks, services marks and other material contained on this Site or in the Services are protected by copyright, trademarks, trade secrets, patents, and other intellectual property (“Intellectual Property”) laws, and other applicable laws. You are permitted to use the Site and Services only as expressly stated in these Terms.
Excluding your User Content (defined below), you acknowledge that all the Intellectual Property rights in the Site and Services are owned by AAA or AAA’s licensors. We reserve all right, title and interest (including all Intellectual Property Rights) in the Site and Services. In addition, nothing contained in these Terms or on the Site or in the Services should be construed as granting by implication, estoppel or otherwise, any license or right to use the Site or Services without our written permission.
Your access to and use of the Services is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
We reserve the right, at any time, without notice and for any reason, to modify, remove, suspend, or discontinue the Site or Services, and to deny access of any user to all or any part of the Site or Services. You agree that AAA will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. Any update or other addition to functionality of the Site or Services shall be subject to these Terms.
“User Content” means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by AAA. Because you alone are responsible for your User Content (and not AAA), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. AAA is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
You hereby grant, and you represent and warrant that you have the right to grant, to AAA an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
The following sets forth AAA’s “Acceptable Use Policy”:
You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (c) that is harmful to minors in any way; or (d) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Site or Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Site or Services; or (vi) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your AAA Account in accordance with the Terms, and/or reporting you to law enforcement authorities.
If you provide AAA any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to AAA all rights in the Feedback and agree that AAA shall have the right to use such Feedback and related information in any manner it deems appropriate. AAA will treat any Feedback you provide to AAA as non-confidential and non-proprietary. You agree that you will not submit to AAA any Feedback that you consider to be confidential or proprietary.
You agree to indemnify and hold AAA (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. AAA reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of AAA. AAA will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE SITE, PRODUCTS AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE, PRODUCTS OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. AAA DOES NOT WARRANT THAT YOU WILL QUALIFY FOR PRODUCTS OR SERVICES OFFERED ON THE SITE OR THAT THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITE ARE AVAILABLE IN ALL JURISDICTIONS.
Please note that some jurisdictions may not allow the exclusion of implied warranties. Consequently, some of the above exclusions may not apply to you. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, PRODUCTS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, PRODUCTS AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
Please note that some jurisdictions may not allow certain limitations or exclusions of liability. Consequently some of the above exclusions may not apply to you.
We are not responsible for the content of any website linked to our Site; for any loss or damage you may incur from dealing with any third party found on or through our Site, including your participation in promotions, the payment for and delivery of goods or services, or any request for products or services presented on our site. We provide these websites only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to these websites. We are not responsible for any terms, conditions, warranties, or representations associated with such dealings. Your connection to any such third party website is at your own risk.
Each Site or Service user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely between you and such user. You agree that AAA will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You may order Services by following the directions on the Site. Once you order a Service, your subscription to the Service will automatically renew until you cancel your Service by following the directions on the Site. AAA may change the pricing for the Services (from time to time in its discretion) by updating the Site and without any additional notice to you, provided that any changes will not take effect until your subscription renews. In addition, the Service fee may increase or decrease in accordance with your request for a policy change or in connection with other factors that affect your Service. With respect to insurance rates, our quotes are estimates based upon information provided by users on our detailed questionnaires. However, these quotes could change based on additional or contradictory information that emerges during the final insurance underwriting process. Refunds for check or debit card transactions may take up to 30 days to be processed.
If you order a Service, you agree to pay the then-current applicable Service fee listed on the Site. The Site allows for one-time and recurring payments for Services offered either by AAA, third party service providers, or by one of the AAA Companies. The “AAA Companies” are (a) the American Automobile Association, Inc.; (b) any entity with "AAA" or "American Automobile Association" in its name or brand, including each AAA auto club and CSAA Insurance Exchange; or (c) any entity affiliated with any of the foregoing or acting as an insurer or a re-insurer of any of the foregoing, including subsidiaries and holding companies such as AAA Club Partners, Inc.
AAA will bill your credit card submitted in ordering the Service on the date the Service is activated. Please see each service for policies and details on refunds, if any. If you agree to automatic payments for one or more Services, you are consenting to AAA Companies to deduct the pre-determined amount from the account you specified on a date each month that AAA deems appropriate. You agree these charges shall continue until you cancel the automatic payments or cancel the Service. If you feel you have been billed in error or you wish to dispute any charge, or cancel the Service, you may do so by contacting AAA. All information that you provide to us or our third party payment processor must be accurate, current and complete. In the event of a dispute AAA Companies may issue you with a provisional credit until the dispute is resolved. If AAA Companies issue a provisional credit and the dispute is resolved and the charges were correct, AAA Companies shall recharge your account to reverse this provisional credit. You expressly consent to this reversal if you falsely or incorrectly dispute a charge.
If you wish to dispute a charge, please contact AAA at 1277 Treat Boulevard, Suite 1000, Walnut Creek, CA 94597. In the event that AAA charges any convenience fee for making a payment via a debit card, credit card or electronic check, these fees will be stated at the time of payment before you finalize your charge. In the event of an unauthorized charge using a debit card or electronic check, please consult your bank’s rules regarding refunds and reversals. AAA complies with all legal requirements of your State’s applicable laws regarding providing refunds for unauthorized charges. When you make a charge, AAA shall display a completed charge screen. This is your electronic receipt. You should print or save this electronic receipt for your records. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S), DEBIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION.
Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Any amounts not paid when due may bear interest at the rate set forth in the applicable policy or account. If the interest rate is not made available to you, then AAA reserves the right to charge a reasonable interest rate, including up to the maximum legal rate. If any fee cannot be charged to your credit card for any reason, AAA may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then AAA may terminate the applicable Service, in accordance with the applicable policy or account.
Subject to this section, these Terms will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services or (b) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of these Terms, your right to access and use the Site and Services will terminate immediately. Company will not have any liability whatsoever to you for any termination of this Agreement. Even after these Terms are terminated, the following provisions will remain in effect: the sections titled, “Intellectual Property Rights,” “Modification of Site; Termination,” “User Content,” “Acceptable Use Policy,” “Feedback,” “Indemnity,” “No Warranty,” “Limitation of Liability,” ”Third-Party Websites,” “Term and Termination,” “Dispute Resolution” and “Miscellaneous.”
AAA respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent: your physical or electronic signature;
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. The designated Copyright Agent for Company is:
Designated Agent: Director, Legal & Compliance
Address of Agent: AAA Northern California, Nevada & Utah, 1277 Treat Boulevard, Suite 1000, Walnut Creek, CA 94597
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the AAA and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or this Agreement, shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from JAMS. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court.
With the exception of subparts (1) and (2) two paragraphs above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Terms, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either such subparts (1) and (2) (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration.
Notwithstanding any provision in these Terms to the contrary, if we seek to terminate the Dispute Resolution section as included in the Terms, any such termination shall not be effective until 30 days after the version of the Terms not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided the AAA with written notice prior to the date of termination.
For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com.
You have the right to opt out of the agreement to arbitrate as stated above by sending written notice, within 30 days of your agreement to the Terms, of your decision to opt out to the following address: AAA Northern California, Nevada & Utah, 1277 Treat Boulevard, Suite 1000, Walnut Creek, CA 94597. Your notice should include your name and AAA Account number, if applicable. If you send this notice, then the paragraphs above in this section will not apply to either party. If you do not send this notice, then you agree to be bound by the paragraphs above in this section.
If for any reason this agreement to arbitrate is found not to apply to a dispute and as a result a Claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in San Francisco, California.
Any and all controversies, disputes, demands, counts, claims, or causes of action between you and AAA and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or these Terms, shall exclusively be governed by the internal laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act.
These Terms shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Notwithstanding the foregoing, AAA will have the right to seek preliminary injunctive relief immediately and without first going through the arbitration process set forth above to protect its intellectual property or confidential or proprietary information.
Unless it is submitted to arbitration as set forth above, any other Dispute must be brought in a federal or state court located in San Francisco, California, and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding.
Use of our Site is not permitted in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
Any failure on our part to enforce any of our rights under the Terms or applicable laws shall not constitute a waiver of such right.
These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without AAA’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. These Terms shall be binding upon assignees. AAA may assign our rights and obligations under these Terms to a third party without this assignment being deemed a change in these Terms, and without notice to you.
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of your use of the Site.
Our performance under these Terms is subject to existing laws and legal process. We will comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AAA with respect to such use.
If a court or arbitrator of competent jurisdiction finds any part of these Terms to be invalid, illegal or unenforceable, then the court shall endeavor to give effect to the intent reflected in that provision in a manner that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
These Terms constitute the entire agreement between you and us with respect to our Site and Services. They supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Site and Services.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions regarding these Terms or our Site, please contact us at: calstate.aaa.com/about-aaa/contact-us
AAA Northern California, Nevada & Utah
1277 Treat Boulevard, Suite 1000, Walnut Creek, CA 94597